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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: I want to have a non violent felony conviction record sealed arrested 1989 5 years probation one year drug rehab
Michael Arbeit
Michael Arbeit answered on Sep 30, 2020

Yes, you may be eligible for sealing pursuant to NYS CPL Section 160.59. Call me at (516) 766-1878 to discuss further. -Mike.

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: I was convicted in 1989 for a non-violent felony, did 5 yrs probation, 1 yr of drug rehab. I want my record sealed

I do not have a copy of my arrest record or the number I was assigned, probation office said everything is in archives and nothing will come up with my name on it. I was arrested under my married name

Stuart Austin
Stuart Austin answered on Sep 30, 2020

Depending on the crime and if you have been clean for 10 years you may be eligible to have your case sealed. Your case should be on microfiche at the courthouse and you will have to order it. You need to bring id with your married name. Once you receive the papers... call us and we will review... Read more »

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3 Answers | Asked in Criminal Law for New York on
Q: Can I got to jail for my 1st gun possession in New York.
Michael J Stachowski
Michael J Stachowski answered on Sep 14, 2020

Yes. PL 265>3 is a C Violent felony for possessing a loaded gun outside of the home or office. That is very serious a month does not go by when I don't have 2-5 new gun cases retain my services. There are many things a skilled defense attorney can do to get a better plea or perhaps... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Can I be arrested during covid for showing my girlfriend public displays of affection

I need to know cause if I can I need to know in advance so if I do get arrested for kissing my girlfriend in public during covid I will be prepared to challenge this law and then file for dismissal for defect in the criminal statute

Victor M. Feraru
Victor M. Feraru answered on Sep 12, 2020

I think there was an Onion article that people took to be a regular article. I know of no COVID-19 related law that would keep you from consensually kissing your girlfriend in public.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: My father filed a false order of protection against me just so he could kick me out of the House could I sue him?

He has been threatening me for years in kicking me out for no reason and threatening to call the cops on me.He called the police on me and lied to them telling them I steal his stuff, and that I get violent.When in fact he is the aggressor. He goes around to neighbors and spreads lies about me.I... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

If you are under age you can file for support, if you are an adult your only recourse is a quick trial.

1 Answer | Asked in Criminal Law for New York on
Q: Is there anythig I can do to get my ex guy friend to stop contacting me.

I had him blocked on everything and he still can leave voicemails. He hasn't threatened me. I talked to the police and they did a report and said they couldn't do anything else since he hasn't harassed me.

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

Have an attorney send a cease and desist letter. If he doesn't abide by that then file for a temporary order of protection. There may also be an element of stalking/harassment here. Document everything.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Is this justifiable reasoning for pulling over in onondaga county? I don't see how this actually obstructs my view.

Here is the statement off my ticket from the office of course doesn't state he was following me just looking for a reason to pull me over.

On the above date and time which is 06/09/2019 The driver/defendant was observed travelling east on kirkville road near kinne street with a tree... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 7, 2020

Air fresheners have resulted in obstructed view stops. You could reach out to attorneys on this site or ones you find on your own to discuss in greater detail. Good luck

Tim Akpinar

3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: Can a traffic related misdemeanor effect my US citizenship application process? I have green card & take final test soon

I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 7, 2020

There's no way of telling whether or not the misdemeanor will effect your immigration status without more details. Also, as far as renewing your license, it's rather straightforward now (make an appointment, or do it online). Consult with a law office who will try to get the ticket... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: Can a person commit a hate crime on Craigslist

A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that

Stuart Austin
Stuart Austin answered on Aug 28, 2020

Yes. A person may commit Aggravated Harassment over the internet. It may, however, be difficult to ascertain who actually wrote the message.

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2 Answers | Asked in Criminal Law for New York on
Q: I have a criminal summons for harassment in the second, no physical violence and I don't have a record. I have a witness

Should I acquire a lawyer or defend myself. The young lady who is claiming the harassment was harassing me. It all started when my fiance tapped her bumper, she began to rant and rave I was a passenger in the backseat. She targeted me refused to allow me out of the car and began screaming I want... Read more »

Stuart Austin
Stuart Austin answered on Aug 17, 2020

For the charge of harassment in NYS there does not necessarily have to be physical contact. You may wish to see if there are cameras around which caught the incident. A private investigator can do this on your behalf. I would be happy to go over your paperwork and advise you regarding your case.... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: When a motion is filed where and whom shall it be sent too? The court? Or DA i dont kno where to send it after filing.

Its a 180.80 motion

Michael D. Litman
Michael D. Litman answered on Aug 13, 2020

Motions on a criminal case would be filed with both the court and the DA. However, for 180.80, it is usually an oral motion, made by the attorney, if there isn't a felony hearing or grand jury indictment on an incarcerated defendant within a certain amount of time. I have personally never seen... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: I have bench warrant for misdemeanor bail jumping for vandalism plus misdemeanor vop . how much jail time I might get?

Charges : bail jumping for misdemeanor damage property plus 2 misdemeanor trespassing charges and I violated my probation for misdemeanor littering outside.

I paid my bail in full.

I was charged back in Oct 2018.

If I surrender how much jail time I am looking to?

Stuart Austin
Stuart Austin answered on Aug 10, 2020

In NYS an A misdemeanor is punishable by up to one year in jail. No matter how many you have the maximum sentence would increase to 2 years. With that being said, it has been my experience that a bail jumping charge is difficult to prove and usually results in a plea bargain. Because your cases... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New York on
Q: Can a children ( minor ) who came in 2013 with their parent to u.s and did not present to court faced the same charges

Can they now fix the immigration statues? Now that they are 18 ?

Kevin L Dixler
Kevin L Dixler answered on Aug 9, 2020

More information is needed. The facts are unclear, but you suggest that there is a final order of removal/deportation. This significantly complicates matters.

There are risks. Did you just turn18 years old? What, if any, form of relief is available? A series of other facts still remain...
Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I have a misdemeanor bench warrant for bail jumping If I surrender how much jail time

I paid the bail in full.

Charges : damage property and 2 trespassing

The charges were filed on Oct 2018

Michael J Stachowski
Michael J Stachowski answered on Aug 8, 2020

It depends especially how long you skipped out. If you have a lawyer and surrender its possible the fail would be restored for yhe first no show if it was more than the court could hold you until case is completed. On a misdemeanor the maximum sentence is one year which is actually 8 months when... Read more »

3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael H. Joseph
Michael H. Joseph answered on Aug 1, 2020

No, New York is a one party consent state. So as long as one party knows it is fine.

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1 Answer | Asked in Criminal Law, Family Law and Identity Theft for New York on
Q: How can I go about filing for my son not to be around his deceased father's family? They are harassing and making lies.

I have numerous screen shots of the family speaking poorly about me and I am worried because they can make me a target knowing I have my son. They are even making FAKE pages of me on Facebook. Please give me answers and how to take action asap. Thank you in advance

Michael David Siegel
Michael David Siegel answered on Jul 28, 2020

You can go to Criminal Court and get a restraining order.

3 Answers | Asked in Criminal Law, Bankruptcy and Contracts for New York on
Q: Wedding Studio under new management and are neglecting the clients

I have tried calling them and they would decline my call and respond with I'm sorry I cant talk right now. Me and my husband have already made the full payment and we would like to know what are some precautions we need to take from here because it seems that the Wedding Studio is also... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 27, 2020

I am confused.

If you are already married why do you need a wedding studio? If you aren't married yet, then perhaps you do.

You might consult a lawyer in your community. If they have engaged in fraud it may be a crime, but you can't prosecute it. You may wish to sue...
Read more »

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1 Answer | Asked in Child Support and Criminal Law for New York on
Q: If a parent doesnt pay childsupport for several years, and has the money but lies, can that be charged w child neglect?

he moved to another state in order to not pay it and constantly lies.

Howard E. Knispel
Howard E. Knispel answered on Jul 20, 2020

No. But he could be incarcerated for contempt of court or perjury.

1 Answer | Asked in Criminal Law for New York on
Q: I need advice please

I've been accused of 7 charges, false written statement, 3 counts criminal mischief ,1 with intent to damage property, arson, desecration of a cemetery, criminal mischief: hate crime i need advice I have both of the statements mine and the other person involved, i did not commit any of these... Read more »

Michael Arbeit
Michael Arbeit answered on Jul 18, 2020

You need to immediately consult with an experienced criminal defense attorney for proper representation. What county are the charges pending in? Call me to discuss further (516) 766-1878.

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on
Q: I signed birth certificate documents thinking I was the father when the mother of the child knew I wasn’t the real fathe

She knew months before the child was born I wasn’t his father but the day he was born had me sign the documents and I believed to be the father i was with her for 11 years and help please

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 15, 2020

You don't say how long ago you signed the papers so it is difficult to give you an answer as that is a critical piece of information. However, based upon what you have said, you may be able to set aside the acknowledgment of paternity based upon fraud.

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