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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: Hello! I have a case on file here and wanted to know if I would be able to have it removed from my records?

Is there any fine that will help me remove that case? Or have it expunged?

Michael Arbeit
Michael Arbeit answered on Jan 11, 2021

There is a relatively new sealing law in NYS. See Criminal Procedure Law Section 160.59 or speak with an experienced attorney to see if you qualify to have your criminal conviction sealed.

1 Answer | Asked in Criminal Law and Tax Law for New York on
Q: I was charged with having untaxed ciggarets i need help in Madison county but don't want an appointed one
Luigi Vigliotti
Luigi Vigliotti answered on Jan 9, 2021

You should do an internet search of attorneys in the Madison county area that handle your particular type of legal situation. In addition, you can contact the local bar association and ask for a list of criminal practitioners. Finally, the local assigned counsel panel may provide a list of... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If someone went to trail and was never offered anything, what is that a violation of?

Murder conviction

Elena Fast
Elena Fast answered on Jan 5, 2021

The prosecutor is under no obligation to offer a plea. If the prosecutor never offered a plea, it is not a violation of anything.

1 Answer | Asked in Criminal Law and Securities Law for New York on
Q: Can i carry a 4" blade pocket knife in public if i have a felony in New York State?
Michael J Stachowski
Michael J Stachowski answered on Dec 28, 2020

Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... Read more »

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on
Q: Can a Support Magistrate reduce child support after the other party admitted unemployment fraud on the record in NY?

The other party is trying to get child support reduced. He admitted he does side jobs and has turned down 3 jobs without telling unemployment.

Howard E. Knispel
Howard E. Knispel answered on Dec 22, 2020

The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.

1 Answer | Asked in Landlord - Tenant and Criminal Law for New York on
Q: Is getting a tenant to sign something acknowledging that their residence not a legal unit a good idea?

I am currently an owner of a 2-family home in Brooklyn. I currently rent out the units, as well as rent to a tenant in the cellar. The cellar is not a legal unit. Having read some literature, I am aware that if a fire were to occur, I could be held criminally liable if the cellar tenant were to not... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Dec 14, 2020

Hire an attorney as there may be multiple considerations civilly and criminally.

1 Answer | Asked in Criminal Law for New York on
Q: If my gf on several occasions demands to kill a person she is jealous of is that a crime in NY?
Derek S. Andrews
Derek S. Andrews answered on Dec 8, 2020

Probably not, but an attorney would have to know much more about the context, what was said, what was done, etc. before an accurate answer could be given. If you’re concerned, consult with a criminal defense attorney.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: Do federal courts set precedent for how police officer can act in a constitutional manner?

For example, Miranda v. Arizona which was decided by the Supreme Court mandates that suspects have to be read their rights to an attorney and to remain silent, but would a similar case decided by a lower federal court (district or circuit court) have an impact on how police officers should act in... Read more »

Elena Fast
Elena Fast answered on Dec 7, 2020

Yes, a district court's decision sets precedent for police department and can result in the change of police procedure. Two recent examples - ban of gravity knives unconstitutional (SDNY) and stop and frisk unconstitutional (SDNY). Both were district court decisions that resulted in changes to... Read more »

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: If I take out an order of protection against my ex, who is an attorney, will he get disbarred?

I don't want him to lose his career, but he has harmed me physically, emotionally, and financially throughout our relationship and I want it to stop and I am afraid of him. I believe that an order of protection would be enough to stop his abuse, but I also don't want him to lose his... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 3, 2020

If you file for an OP in family court that is a civil matter and it will not affect his license. However, if he violates the order and gets arrested, then it becomes a criminal matter and if convicted of a felony, he would loose his license.

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1 Answer | Asked in Criminal Law, Family Law, Libel & Slander and Personal Injury for New York on
Q: Can my county board of Ed suspend me if CPS has filed an abuse and neglect petition against but no criminal charges?

An abuse and neglect petition has been filed against me by Child Protection Services for unfounded allegations for an incident that happened outside of work. I am not being criminally charged. There isn't even a criminal investigation. They suspended me without pay. Im in West Virginia.

Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

This looks like something that an employment law attorney would probably know better than attorneys who practice in the categories posted. You posted in New York, but mention being in West Virginia. If this involves a West Virginia county/school district/teacher's union and that's where... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can I carry a Stinger Tactical whip (or a whip of any kind) in New York State for self defense?

I have no criminal record, and I am a staff sergeant in the Air Force with a CCW permit from Minot, North Dakota. When I go home on military leave, I live near Buffalo NY.

Peter Wade Kolp
Peter Wade Kolp answered on Nov 29, 2020

I dont see any explicit ban on stinger whips. Nor do i see a license permit to carry one. You may want to consult an attorney before carrying. But keep in mind a bat, certain kitchen knives or an ax may not be illegal but if used illegally... also does the opposite end the stinger have an electric... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: My friend was arrested for theft of a vehicle by his ex girlfriend he has keys vehicle and title. Title has him as buyer

He hasnt signed the title yet but hes in possession of title keys vehicle and his name is printed as buyer on title and has registration application and statement of transaction, sale or gift filled out in his name and he signed that and seller signed. Seller also signed title

Peter Wade Kolp
Peter Wade Kolp answered on Nov 29, 2020

Under the law you have to have intent to steal or deprive another property.

It sounds like this defendant hasnt intended to deprive but the person who is the co owner believed it taken.

He should consult with attorney who can approach and explain to the prosecutor the scenario....
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1 Answer | Asked in Criminal Law for New York on
Q: I want to file my motion to increase criminal court stay away order of protection to include stay away from my home500’

I have a harassment and menacing charge against defendant. DA will not increase stay away to include stay away at least 500’. I need suggestions on what forms to file and where to locate this forms.

I only require form names to file motion to increase terms of stay away order.

Peter Wade Kolp
Peter Wade Kolp answered on Nov 28, 2020

By law the distance is set.

Stay Away Provision: Ordering the defendantj to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least...
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1 Answer | Asked in Criminal Law for New York on
Q: What if you weren't stealing but kept it safe because his door was open and couldn't lock it and returned it when he

Came home and told him what happened and he charges you anyway. What can happen?

Stuart Austin
Stuart Austin answered on Nov 24, 2020

The law is usually defined as permanently depriving the owner of his property or doing something inconsistent with the owners rights. It will be a question of fact based on when you told him what happened. If you told him after he confronted you it may seem likea self serving excuse. If you told... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Nov 19, 2020

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony...
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3 Answers | Asked in Criminal Law for New York on
Q: Passed breathalyzer (of course,) failed field sobriety so officer charged me with dui based on that.
Peter Wade Kolp
Peter Wade Kolp answered on Nov 15, 2020

Not sure the question but the officer could suspect another substance as a reason for the charge.

DWAI May Be a Less Serious Charge, but It Is Still a Violation.

In New York State, DWAI or Driving While Ability is Impaired tends to carry less severe penalties than a DWI or an...
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2 Answers | Asked in Criminal Law for New York on
Q: Is it illegal to refuse a blood test while pulled over if an officer suspects drug use?

Pulled over while on a prescribed medication that caused anxiety and shakiness. Officer that pulled me over searched my car and requested a blood test.

Michael Arbeit
Michael Arbeit answered on Nov 14, 2020

No, it is not illegal to refuse a blood test, but your license can be revoked if you are charged with driving under the influence of drugs (1192.4). Were you charged with a crime?

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1 Answer | Asked in Criminal Law for New York on
Q: Good Morning, I have a question for a criminal Attorney

My nephew has been incarcerated since March 18, 2018. His charge is ATT CRIM POSS WEAP 2ND CLASS D his class was brought down. Before he went to prison he was out on house arrest with an ankle bracelet. Is it possible for him to get credit for time served on house arrest?

Stuart Austin
Stuart Austin answered on Nov 13, 2020

In NYS an ankle monitor does not count as incarceration. It is an alternative to incarceration. Therefore he will not receive official credit for that time. It is possible, however, for the sentencing judge to take into consideration the time he was wearing the ankle monitor and reduce his... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for New York on
Q: If I have a bench warrant in NY and have a court case in PA would I get arrested in court when I appear in court in PA
Victor M. Feraru
Victor M. Feraru answered on Nov 10, 2020

It depends what the bench warrant is connected to and whether extradition has been approved. Why not retain NY counsel to clear the bench warrant and try working out a deal. That’s much better than letting a warrant sit out there forever.

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1 Answer | Asked in Landlord - Tenant and Criminal Law for New York on
Q: landlord applied for my unemployment benefits,

he took 6,400 for rent that I owed thru the pandemic + 3,200 to cover 3mon, he did this without consent but i agreed to the 4k remaining because it seemed fair at the time and he handed me my card, im going through hardships and could've used that money especially being that ny state laws... Read more »

Elaine Shay
Elaine Shay answered on Nov 9, 2020

If anyone applied for your unemployment benefits without your consent, you have the right to report this conduct as fraud.

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