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I am looking for legal advice regarding a situation in New York where an elderly man gave a young lady money regularly to prevent her from informing his wife and the police about an inappropriate incident. The young lady is now facing charges of grand larceny and coercion and awaiting indictment.... View More 
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answered on Mar 20, 2025
This is a serious legal matter, as grand larceny and coercion are both significant criminal charges in New York. Since the young woman already has legal representation, her attorney will be the best person to assess her case based on the specific evidence, witness statements, and any mitigating... View More
In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More
answered on Mar 16, 2025
A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.
I am 17 years old and live in New York State. I was arrested for criminal trespass and conspiracy, and I have not been to court yet for this matter. A police officer has told me to go to probation. Should I comply with this order, even though I haven't received any court instructions yet?
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answered on Mar 12, 2025
I understand that this situation must be stressful, and it’s important to approach it carefully, especially since you are under 18 and facing criminal charges. In New York, there are specific procedures and rights for individuals, especially minors, who are involved in criminal matters, and... View More
I am representing myself in an assault case involving multiple people, where I was attacked after coming out of a party. I have identified one person who I am taking to court, but I don't have any witnesses. What strategies might work in my favor, and what should I avoid during the trial?
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answered on Mar 12, 2025
I understand how challenging it can be to represent yourself in a legal case, especially when it involves an assault and no witnesses to support your side. While it's always advisable to have legal representation, there are steps you can take to increase your chances of presenting a strong... View More
What does it mean when a motion filed by the prosecution related to a gun charge before trial in a criminal case is "disposed and granted"? I'm trying to understand its implications on the case.
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answered on Mar 12, 2025
I understand that navigating the legal process can be confusing, especially when it comes to terminology that’s unfamiliar. When you hear the term "motion disposed and granted" in your gun charge case, it’s referring to a decision made by the court regarding a motion filed by the... View More
I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More
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answered on Mar 12, 2025
I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More
I was caught shoplifting at Home Depot a month ago, but no police were called. They took a copy of my photo ID and said the item would cost me 3 times its worth and to expect something in the mail, but I haven't received anything yet. I'm concerned because I've visited that location... View More
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answered on Mar 12, 2025
I understand your concern about the shoplifting incident, and it’s important to approach this situation carefully. In New York, shoplifting, also known as larceny or petit larceny, is a criminal offense that can have significant consequences. However, the specific details of your case, such as... View More
I was a minor when my father forced me to lie to the police about an incident where he hit my brother, who was 23 at the time. I lied on the police report, but now that the court case has ended and I've been kicked out of my father's house, I want to admit that I lied and tell the truth.... View More
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answered on Mar 12, 2025
I’m sorry to hear about the difficult situation you’ve experienced. In New York, the decision to come forward and admit that you lied in a police report is significant, and there are several factors to consider when deciding how to proceed.
First, it's important to understand that... View More
I had a charge of criminal possession of a loaded firearm in Kings Supreme Court, which was dismissed due to the 30/30 rule with prejudice. The district attorney requested a 30-day seal. Why would they request this seal if the case was already dismissed with prejudice?
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answered on Mar 12, 2025
I understand your confusion about why a 30-day seal would be requested after your case was dismissed with prejudice. It’s important to clarify the concepts involved and the purpose of such a request.
First, let's break down the terms involved:
Dismissed with prejudice: When a... View More
I had a charge of criminal possession of a loaded firearm in Kings Supreme Court, which was dismissed due to the 30/30 rule with prejudice. The district attorney requested a 30-day seal. Why would they request this seal if the case was already dismissed with prejudice?
answered on Mar 12, 2025
Assuming your case was dismissed upon a motion pursuant to CPL 30.30, I believe you may have heard wrong and the ADA may have been requesting 30 days to decide whether or not they wish to argue the decision pursuant to a motion to reargue. The statutory timeframe for filing this motion is 30 days... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
answered on Mar 12, 2025
So sorry to hear what happened to you. As it relates to pursuing a civil lawsuit against the individual who assaulted you, the statute of limitations in New York is one (1) year from the date of the incident. If you can demonstrate that the school had notice of the assailant's vicious... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
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answered on Mar 12, 2025
I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.
First, it’s... View More
My husband, who has a prior felony, was served with a search warrant for drugs, which was the only item listed on the warrant. While he was downstairs, they found a gun upstairs and did not allow him to stay upstairs during the search. Can they legally charge him for the gun?
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answered on Mar 11, 2025
In New York, the circumstances surrounding the search and the discovery of the gun in your husband's case are important to understand, especially since he has a prior felony conviction. Generally, if a person has been convicted of a felony, they are prohibited from possessing firearms under... View More
I filed a criminal case against someone for seizing money by force. The court has now ruled to consider the objection submitted by a person of Pakistan nationality and treat the judgment in absentia as if it had not been issued, obliging the person to pay court fees. This ruling was made on... View More
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answered on Mar 11, 2025
In your case, it appears that the court has issued a ruling regarding a judgment in absentia, which means a judgment was made without the presence of the defendant in court. When a defendant is absent from court, a judgment can still be rendered if they have been properly notified of the... View More
I was charged with a DWI in New York and have three prior DWI convictions, all from more than ten years ago within the state. What is the maximum punishment I might face for this recent charge?
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answered on Mar 11, 2025
In New York, driving while intoxicated (DWI) is taken very seriously, especially when the individual has prior DWI convictions. Since you have three prior DWI convictions, your recent charge will likely be classified as a felony under New York State law, specifically as a Class D felony charge for... View More
On November 17, 2024, I was assaulted by my neighbor's ex-husband on the property I was renting. The incident was captured on camera. During the assault, my son was injured. We were both taken to the hospital, and I sustained a shoulder injury. I have reported the incident to the police, and... View More
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answered on Mar 11, 2025
I’m sorry to hear about the distressing situation you’ve experienced. In New York, there are several legal options you can pursue to seek compensation for your injuries, emotional distress, and medical bills after the assault. Since there are open arrest warrants for the individual, criminal... View More
I was assaulted by someone named Taliza yesterday, and I suffered injuries. I reported it to the police, and they have already spoken to her. What legal steps can I take next to ensure my safety and address the assault?
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answered on Mar 11, 2025
I’m sorry to hear about the assault and the injuries you've sustained. In New York, there are several legal steps you can take to address the assault and ensure your safety moving forward.
Follow Up with Law Enforcement: Since you’ve already reported the assault to the police and... View More
I have been dealing with a stalking issue involving Jackie Lynn Jenkins and Mr. Joseph since 2014. They currently live next to me at 169-03 89 Ave, Jamaica, Queens, NY 11432. I have video evidence showing a woman with a mysterious device, and I've involved law enforcement, including the 103rd... View More
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answered on Mar 11, 2025
I’m sorry to hear about the distress you’re experiencing. Stalking is a serious matter, and it’s good that you’ve involved law enforcement to address the situation. In New York, stalking involves intentionally following or engaging in a course of conduct that causes the victim to fear for... View More
My husband is currently in detention awaiting his third hearing. He assaulted me with an illegal 15-gauge rifle while he was drunk, resulting in an injury to my jaw. I reported the incident to the police, and now I've invoked my right not to appear in court or testify. However, the district... View More
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answered on Mar 11, 2025
I'm sorry to hear about the difficult and distressing situation you’re facing. In New York, assault with an illegal firearm, especially under the circumstances you described, can have serious legal consequences.
Based on the details you provided, your husband is facing several... View More
The assault prevented me from doing the job that I was going to that day. I have witnesses, from store, employees and the person who was doing the job with me.The store also has a video of the attack. He hit me in the face with a can of primer which split my nose open. He has been saying slanderous... View More
answered on Feb 7, 2025
This is an intentional tort with a one year statute of limitations, so suit must be commenced within that period from the date of wrongdoing. Unless you have a permanent injury the value of the case may be significantly low. Slander has different types of damages with different evidentiary... View More
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