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New York Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: If I, on my own took a lethal dose of pills and then asked somebody to sit with me until it was over,

...would that person be in any legal trouble in NY or NJ?

Tim Akpinar
Tim Akpinar answered on Jun 25, 2020

Please don't do this. As attorneys, we are not qualified to counsel or advise in situations like this. But it is difficult to sit idle and say nothing when someone speaks of doing this. Please look into resources that are out there. There are hotlines, helplines, and other forms of counseling.... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Are there defenses for the NYC emergency curfew if arrested?

I ask because let’s say you’re arrested for not being home at 8 when you’re supposed to because you were coming home but do to traffic for example, it’s past 8? Is it a defense or it’s strict liability? What about someone dragging you outside your home to beat you up in a park?

Stephen John Riebling
Stephen John Riebling answered on Jun 15, 2020

Yes there are defenses available to individuals arrested under the curfew. As with any case, the defense would depend on the specific circumstances of your case and arrest. The New York DAs have already indicated an unwillingness to prosecute certain types of cases. However, you should consult with... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Was my fith amendment right violated? If i was tried and convicted of a felonies not included in the indictment?

So i was indicted with two felony counts to misdemeanor counts but was tried and convicted of three counts of each?

Stephen John Riebling
Stephen John Riebling answered on Jun 15, 2020

Unfortunately, it is difficult to answer your complex questions without more information about your case, the trial and the indictment. If your rights were in fact violated, that could be an issue for appeal. Again, a more thorough review of your case would be necessary.

2 Answers | Asked in Child Custody, Criminal Law and Family Law for New York on
Q: Can I Sue My Childs Mother If I Was Arrested And Injured For Her Frivolous Statement?

Case was dismissed But it left me in a lot of misery until this day

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

The answer unfortunately is no

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1 Answer | Asked in Criminal Law and Identity Theft for New York on
Q: Can my mothers land be taken legally because of my brother's mistake?

My brother stole money from his employer to build a house on my mother's land. If this is taken to court, can the court take the house and land away from my mother?

Michael David Siegel
Michael David Siegel answered on Jun 11, 2020

Yes, it is possible. The benefit of the theft cannot inure to your mother.

3 Answers | Asked in Criminal Law for New York on
Q: I was charged with riot 2nd and assault 2nd. I was arrested with no Miranda rights read to me

I was affected by tear gas and rubber bullets and forced to stay in the precinct after they told me they messed up on my paper work. didn’t see a judge For about 12 hrs

Michael Arbeit
Michael Arbeit answered on Jun 4, 2020

You need to consult with an experienced criminal defense attorney for proper representation immediately. The charges against you are very serious.

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2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
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1 Answer | Asked in Criminal Law for New York on
Q: Legal Advice for Criminal Possession of Firearm

I was stopped driving a friend’s car. She was drunk, we switched I drove. We were stopped with a loaded gun. I recently got it for protection. I live in Rochester, NY it’s dangerous. I work in healthcare for 5 years. I’ve been a medical liason and now I work with children. I don’t have any... Read more »

Michael J Stachowski
Michael J Stachowski answered on May 12, 2020

There are many issues in the question. Primarily the first question is the stop. Were you violating any laws. once past that, you have to look at the Debour factors. Was there any fact which escalated the intrusion of a traffic stop to allow for a search and seizure of the weapon . People v Garcia... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Is it possible for a judge to seal your record immediately at the time of the guilty plea? (NYC)

7 Years ago (age 20-22?) I was charged with Felony Grand Larceny. I have done several background checks and I’m unable to find the charge. The situation was very unique and borderline civil! The judge I could tell was unhappy with me being there (she said multiple times “I don’t like this at... Read more »

Michael Arbeit
Michael Arbeit answered on May 11, 2020

If you plead guilty to a crime, I doubt it was sealed. When the courts finally re-open after this pandemic, go to the court clerks office and request a Certificate of Disposition. You can possibly have your matter sealed after 10 years after the conviction pursuant to CPL section 160.59

1 Answer | Asked in Criminal Law for New York on
Q: I pressed charges on my boyfriend a couple of days ago for forcible touching, i confused the situation, i was drunk

I told the attorney to drop the charges and they still going with it, what should i do? Should i contact the attorney again? I mixed the details up. I told them i was not going to testify

Michael Arbeit
Michael Arbeit answered on May 6, 2020

Do NOT speak with anyone from law enforcement anymore if you do not want to move forward. Do not sign anything if emailed or mailed to you. Your boyfriend should consult with and hire an experienced criminal defense attorney ASAP.

1 Answer | Asked in Criminal Law for New York on
Q: What does it mean when the attorney does not show evidence to the defendant before trail
George E. Patsis
George E. Patsis answered on May 2, 2020

The attorney representing the People (the district attorney) is required to disclose evidence or information that may prove the innocence (a/k/a exculpatory evidence) of a criminal defendant. This is known as Brady disclosure, this requirement comes from the 1963 U.S. Supreme Court case Brady v.... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: What does the above docketed matter has been adjourned for dispositions mean.

I recieved a court appearance paper stating this at the top was wondering what it ment.

George E. Patsis
George E. Patsis answered on May 2, 2020

An adjournment is the rescheduling of a court date, and a disposition is the resolution of the case. Taken together it appears that your appearance was rescheduled and the Court will be rendering a disposition.

1 Answer | Asked in Criminal Law for New York on
Q: Have an bench warrant from 6 years ago. Cant travel there in person. Can laywer speak on your behave?
Michael Arbeit
Michael Arbeit answered on May 1, 2020

It really depends on what the warrant is for and what court it is located at. Need more information

3 Answers | Asked in Criminal Law for New York on
Q: Hi I wanted to know if I had a criminal case in 2004 that was acquitted is it possible to still find the court records?
Michael Arbeit
Michael Arbeit answered on Apr 22, 2020

If you were acquitted after trial, only you would have access to those court records. You can go to the court clerk at the courthouse where the matter was held to request to review the courts file

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2 Answers | Asked in Criminal Law for New York on
Q: What is the best possible plea deal I can get if I was charged with Criminal contempt?

There was no physical contact to the victim just words being exchanged it was in NY Criminal contempt 2 . Would this effect my employment with the DOE?

Michael J Stachowski
Michael J Stachowski answered on Apr 17, 2020

It all depends on the history and your record. In Erie county. for Misdemeanor contempt you can get an ACD Adjournment in contemplation of dismissal as a best case. that means no trouble for 6 months sometimes 1 year and its dismissed. A garden variety plea is to the violation Disorderly Conduct.... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get my loved one released from prison early due to him having high risk asthma During covid-19?
Michael J Stachowski
Michael J Stachowski answered on Apr 8, 2020

It depends on time left and jurisdiction. In the federal courts there is the first step and compassionate Release. In the state if it’s a misdemeanor many DA’s are not opposing release resentence motions. I think if an inmate has diabetes heart problems or asthma or other respiratory issues... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: hello how can i accurately find a case
Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

There are a few different ways. You could use the search resources of the New York Court system, PACER, or some of the educational legal search tools on the Internet. You could also hire an attorney or independent paralegal to do the research for you if you don't find what you're seeking... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

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