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New York Criminal Law Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

Only 2 officers held 90% of shares.

Refused documents, Lied about stock agreements, used position to force actions of clear coersion.

Hid wills. Refused stock buyouts, zero dividend for 20+ years.

Used corporate financial capacity and derived income to buy real estate to... Read more »

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Jan 25, 2023

Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Girl is claiming her boyfriend had text her saying he sells drugs for one of his friends. Can a warrant be made for the

Girl is claiming her boyfriend had text her saying he sells drugs for one of his friends. Can a warrant be made for the friend he's claiming to sell drugs for.

Stuart Austin
Stuart Austin
answered on Jan 24, 2023

The police would need more information than a simple statement from a third party claiming she knows her boyfriend sells drugs to another individual. Most importantly, since it would only be the possession, they would need to prove he possessed an illegal substance.

1 Answer | Asked in Criminal Law for New York on
Q: Ok? How can I prove someone is waking me up every 2 hours also how can I prove to the court that I’m in pain daily

I can not prove my pain but I know I am getting hit with a frequency that is doing this to me. Can you help please and I know who is in control of this but I can not prove it

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2023

Perhaps you do not have the tools, scientific training, and investigative skills to prove who targeted you but an expert surely knows how to identify your tormentor and expose the demented scheme to the satisfaction of a court and Law Enforcement.

1 Answer | Asked in Criminal Law, Employment Law, Business Law and Employment Discrimination for New York on
Q: Racial exclusion by business owner legal?

When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... Read more »

Brian Greben
PREMIUM
Brian Greben
answered on Jan 4, 2023

No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.

1 Answer | Asked in Criminal Law for New York on
Q: My 19-year-old son has two cases. Bronx and Brooklyn. Each one has a gun charge. Can they sentence twice 4 CRIM POSS W
Joseph A. Bondy
PREMIUM
Joseph A. Bondy
answered on Jan 2, 2023

Regrettably, yes. Based on your question, your son is charged separately in two jurisdictions—the Bronx and Brooklyn. The matters are therefore based on separate alleged conduct, and gun counts are charged in each case. If your son is convicted in each jurisdiction, then he will be sentenced... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: I am curious to what see gri would mean it is a phrase attached to one of my brothers charges under his bail/bond
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Syracuse Relative:

If you did not do so ask your brother's attorney. Or, inquire from the court clerk. Sometimes clerks create data entry shortcuts that are for internal clerk's business only.

A similar question was asked at AVVO years ago and answered by a criminal...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: what does “see gri” mean on my brothers charges it is located under his bail\bond amount. Also blv his bonds excessive.

His charges are burglary3 robbery 3 and petit larceny for stealing at rite aid he said. His bond is 25k cash 5k bail is that excessive for “shoplifting” and also under the burglary it states see gri under his bail/bond amount what would that mean. Also what if the officers wrote up his... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Syracuse Relative:

If you did not do so ask your brother's attorney. Or, inquire from the court clerk. Sometimes clerks create data entry shortcuts that are for internal clerk's business only.

2 Answers | Asked in Criminal Law for New York on
Q: I was caught shoplifting but not arrested. I am being charged though. What does that mean?

The police did it arrest me but said that he can still charge me. Will I go to jail?

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

If convicted of a crime where incarceration is a proper penalty and you are sentenced to a period of incarceration, yes, you will go to jail. But long before that awful fate falls upon you there is a long legal process, and your rights to a trial and to confronting witnesses and of course to a free... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: My son in-law stole my golf cart what do I need to do to prove it is mine? He is holding other items won't allow me them

My husband died my son in-law was nice enough to come and load my belongings from camp with the intent that he would deliver them to my brother. I asked to come get them as was told I could not come on his property. I have proof of what was taken as my sister helped load the items. Is this a form... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Waterville Resident:

Theft and Stealing are criminal acts and you may report your daughter and son-in-law to the local police or NY State Police.

1 Answer | Asked in Criminal Law for New York on
Q: I was caught with petit larceny first offense at Walmart, I’m 18. What are the chances I don’t get charged or on record?

They didn’t say the amount but I’m guessing it’s around $80-100. I have never been to court so I don’t know what to expect. My first court appearance is on December 21st. Should I plead guilty or not guilty?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 19, 2022

You need to retain counsel ASAP. You may be eligible for a youthful offender status determination if you have no prior record. Do not enter any plea before consulting with experienced criminal defense counsel.

1 Answer | Asked in Criminal Law for New York on
Q: I'm looking to connect with a NYS criminal lawyer in order to discuss a fictional A-1 felony case for a novel.

Is that allowed through this service? Can I email with someone? Or does communication have to be via these Ask a Lawyer questions?

I'm looking to clarify several things, fill in gaps in my research, learn how attorneys would likely approach the case, and ensure I've used realistic... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 4, 2022

Of course you can consult with an attorney on your novel. Most likely you will connect privately. Asking a question on this forum is not a bad way to start. Good luck to you.

1 Answer | Asked in Criminal Law for New York on
Q: I was arrested for Petit Larceny, 155.25. This is first offense. Walmart said I stole 108.00 worth.

I was given an appearance court date of December 15th. Should I plead quilty and what can they do?

Michael J Stachowski
Michael J Stachowski PRO label
answered on Dec 3, 2022

No you should not. You should plead not guilty and get a criminal lawyer. It is a crime In most first offense shoplifting cases an experienced criminal defense lawyer can obtain a non criminal resolution. Contact a lawyer now he can be at arraignment and walk you through the process. I have... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for New York on
Q: Asking from Canada: in NY what jail would a convicted person go for euthanasia? For fictional story reference. Thank you
Samuel C. Breslin
Samuel C. Breslin
answered on Nov 14, 2022

New York State does not have the death penalty, so your character would not be getting the needle here. There is still a federal death penalty, and the majority of "death row" prisoners in the federal system are held in USP Terre Haute, Indiana.

1 Answer | Asked in Criminal Law for New York on
Q: I'm looking for a defense Atty in NYC for a level 1 misdemeanor assault. The defender was intoxicated.

No prior record. He's an alcoholic and caused a fight with a store employee. He bit the employee's finger.

Michael Arbeit
Michael Arbeit
answered on Nov 9, 2022

I am criminal defense lawyer. My office is on Long Island but represent those accused of crimes all over NYS. You can call me at 516 766 1878 to discuss. -Mike

1 Answer | Asked in Criminal Law for New York on
Q: How do I know if I have any open criminal cases? or if I am under investigation? I am out of US but want to return.
Luigi Vigliotti
PREMIUM
Luigi Vigliotti
answered on Oct 8, 2022

I'm going to assume that this inquiry relates to a New York State criminal matter as opposed to a Federal matter. As to whether you are under investigation, you probably will not find out the answer to that question. After all, if you're being investigated, the investigation is likely... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: There’s an order of protection placed, then the person has a change of heart and trying to withdraw it, how this be drop
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

It depends on whether this is a civil or criminal order. The answers really depend on a lot of factual circumstances and the venue it's placed in.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Penalties for violation of the Federal, Food, Drug, and Cosmetic Act(FDCA), 21 U.S.C. Subsection 331(A)?

In receipt of psilocybin, microdose, from Canada to New York. The package was confiscated at US Customs but repackaged and delivered to the residence. Then a few days later a notice was received saying, ..."You will be receiving correspondence from our fines, penalties, and forfeitures branch... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should definitely be consulting an attorney. This appears to be what is known as a controlled redeliver.

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How do I get an ongoing Criminal Court Order of Protection dropped by an ADA?
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 2, 2022

Once the State had brought charges, the prosecution of the case is in their hands despite you asking to drop it. However, if you contact the ADA handling your matter or the court’s victim advocate, you can request the charges be dropped or reduced to a violation without an OOP as a condition.... Read more »

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