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New York Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on

Q: If my probation officer said I can't visit an inmate a year ago is it possible she could change her mind?

Will I never be allowed to visit an inmate while on probation or could she change her mind

Gary Kollin answered on Aug 14, 2019

There is no harm in asking or filing for a waiver

2 Answers | Asked in Criminal Law and Immigration Law for New York on

Q: Can green card interview succeed with open criminal case?

I was notified that my marriage-based green card interview has been scheduled next month. I have an open criminal case with an accepted repleader deal: “harassment” violation to be reduced to “disorderly conduct” in early 2020. There was originally an assault misdemeanor but this was... Read more »

Leonard R. Boyer answered on Aug 9, 2019

You have no chance of being approved for a Green Card under these facts. You really need to retain an experienced criminal and immigration attorney immediately or face deportation and possibly incarceration.

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1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for New York on

Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?

In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?

Tyler Fredrickson answered on Aug 7, 2019

Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on

Q: No contact orders and the District Attorney

My husband was arrested over a domestic dispute and is being charged with Endangering the welfare of a child and criminal obstruction of breathing. Both A class Misdemeanors. Upon his arraignment he was served a no contact order that he cannot contact me or our daughter. I contacted the assistant... Read more »

Gary Kollin answered on Jul 27, 2019

These questions should be directed to his lawyer

1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for New York on

Q: How can we recoup material or make someone pay that used a stolen credit card to purchase goods

Michael David Siegel answered on Jul 26, 2019

If there is a criminal case, restitution will be part of any judgment. If not, you can sue. But, these debts are hard to collect.

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for New York on

Q: My husband was arrested and arraigned for a domestic dispute

He was charged with two class A misdemeanors. One being criminal obstruction of breath and the other endangering the welfare of a child. Upon arraignment they put a no contact order in effect so that he can’t contact me or our daughter. I contacted the assistant district attorney in charge of the... Read more »

Lawrence Allen Weinreich answered on Jul 26, 2019

If you want him home there is a good chance that the order of protection will be modified.

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on

Q: Hi, will I be arrested if I miss an child support hearing? I don’t owe anything

I was originally ordered to pay my ex $25 a month but now my son is staying with his grandma so it’s just being switched over her name

Lawrence Allen Weinreich answered on Jul 26, 2019

If you don't appear and don't ask for an adjournment, the court can issue a warrant for your arrest.

1 Answer | Asked in Criminal Law for New York on

Q: If a sex offender in nys already lives across from a school will he be required to move with probation

I'm his wife and we have kids. We can't afford to move so I was wondering what will happen

Charles Oliver Wolff answered on Jul 22, 2019

The Sex Offender Registration Act (SORA), by itself, does not regulate where a registered offender can live. But probation or parole can, and often does, require that a registered sex offender not reside within 1,000 feet of a school or other child care facility. This is a matter that is usually... Read more »

2 Answers | Asked in Criminal Law for New York on

Q: Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen

Michael Arbeit answered on Jul 16, 2019

Where did this happen (what County)? It is a Class A Misdemeanor (crime) punishable by up to 1 year in jail. Consult with an experienced criminal defense attorney for proper representation.

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1 Answer | Asked in Criminal Law and Family Law for New York on

Q: So my boyfriend is 17 years old he got into a fight with a cop does he go to jail ?

He was leaving the police station but the cops was talking a lot of sh*t and my boyfriend said f*ck you and a lot of cops hop him and he started defending him self and one of the cops got their ankle injury and press chargers on him, my boyfriend called the police station and apologize but he... Read more »

Lawrence Allen Weinreich answered on Jul 9, 2019

He might, there is no clear answer to this question without more facts and details. If this is the first time he is involved with the police his lawyer should be able to keep him out of jail.

1 Answer | Asked in Criminal Law for New York on

Q: Crim Trespass 3rd:enclsd Prop

She opened the door for me, but now she denied this, and now my charge is Crim Trespass 3rd:enclsd Prop. What can I do? Thank you.

Gary Kollin answered on Jun 17, 2019

If it was a guy, how can SHE deny it.

Hire an attorney

1 Answer | Asked in Criminal Law for New York on

Q: I was a passenger in a vehicle where drugs were found The driver claimed ownersip I was still charged. Is this legal?

Gary Kollin answered on Jun 11, 2019

Either you have an attorney or you need to retain one.

Your questions should be addressed to that attorney

If you have not been formally charged, an attorney could possibly convince the prosecutor not to.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on

Q: I would like to obtain an order of protection how do i go about that?

My biological mother wont leave me alone via text. I have told her to leave me alone and stop contacting me. In emails from previous years has been verbally abusive towards me. She uses my brother as a way to get to me even though I know she is brainwashing him. Should I go to the police regarding... Read more »

Lawrence Allen Weinreich answered on Jun 11, 2019

What you can do is file for an order of protection in family court.

2 Answers | Asked in Criminal Law for New York on

Q: What if a detective denied me a lawyer? could my case be thrown out? criminal possession of a controlled substance

I have no record, when i asked for a lawyer the detectives told me if i wanted a lawyer they couldn't help me and would charge me with a felony instead of a misdemeanor. I wasn't even given a phone call. I was also pulled over for no traffic violation reason and there was no criminal activity the... Read more »

Michael Arbeit answered on Jun 7, 2019

If you do not already have an attorney representing you, consult with one immediately. If you do, speak to them about these issues. Your version of the events and the police version I am sure are going to be completely different, but that's what suppression hearing are for.

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1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Gov & Administrative Law for New York on

Q: Having issue with speeding in my neighborhood. No sidewalks. Kids ride bikes in road and local residents speed past kid.

Wondering of rights as resident. Called town and being told keep kids out of road. Not addressing the law breaking of residents. Put slow down structure at foot of driveway. What else can I do to stop a child from being killed. What are the children's rights.

Peter N. Munsing answered on May 23, 2019

Petition the local city council or whatever form of government you have for placement of a speed limit sign etc. However kids should not be riding bikes on roadways unless they are fully competent, have helmets on etc. We lived on a road like that and that's one of the reasons we moved--no way... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: Should I get the police report for my son who was arrested- (Age 12)?

Gary Kollin answered on May 21, 2019

Are you serious? Why wouldn't you get it?

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Civil Litigation for New York on

Q: Stranger has her name on the deed illegally after judgement

Erected a fence recently barring me from entering my own family property

Michael David Siegel answered on May 11, 2019

If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.

1 Answer | Asked in Criminal Law for New York on

Q: if i am 18 and my parents press charges on my boyfriend, am i still allowed to talk to him?

Kristen Epifania answered on May 10, 2019

Unless there is an order of protection in place, then you may still talk to him. If there is an order of protection against him in your favor, then any contact with him can get him into further trouble.

1 Answer | Asked in Contracts, Criminal Law, Federal Crimes and Public Benefits for New York on

Q: Who to go to for former corrupt customs admin decades ago with valid evidence of drug smuggling operations whistleblowin

Friend worked for former border patrol, customs enforcement and secret service for Carter and Ford and has photos and documents of his involvement in drug enforcement operations, and a former boss was suppose to turn in narcotics and arrest those involved yet turned around and gave it back and did... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Unfortunately--even if everything you said is 100% true--there is nothing anyone can do about it today. Why? Because of the extremely, long period of time that has elapsed between the time of the drug-related issues (late seventies) and now.

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