Get free answers to your Criminal Law legal questions from lawyers in your area.
I've been informed that my sister and I allegedly cosigned for an agreement stating my father would give a cow to a lady. Neither my sister nor I recall this agreement, and it supposedly happened when I was between 12 and 16 years old. The lady claims my father should sell the cow and give her... View More 
answered on Apr 10, 2025
The experienced contract law and business law attorneys here would know these types of settings best, but your question remains open for almost a week, and you probably don't want this to escalate into a headache. You could reach out to one of them to ask about your best immediate actions. A... View More
I have a no contact order against me regarding my wife, issued a month ago, but all my essential belongings, including clothing, cooking items, blankets, my birth certificate, and banking info, are still at her place. The order prohibits me from going to the property, but I've been informed by... View More
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answered on Apr 5, 2025
I'm sorry to hear about your situation. In New York, if there is a valid no contact order (commonly referred to as an order of protection) issued by a court, you are prohibited from having any direct or indirect contact with the protected party, including going to their residence, even if it... View More
I was a bystander during a fight where a girl is pressing charges against my friends. I knew the fight would happen and slightly encouraged one party by telling them to do it now or not at all. However, I did not participate in the fight. There was a rule against fighting, but it took some time... View More
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answered on Apr 4, 2025
In New York, it is possible for a bystander to face criminal charges if their conduct goes beyond passive observation and includes words or actions that encourage or provoke a fight. Even if you did not physically participate in the altercation, your statement urging one party to “do it now or... View More
I have an old, deactivated iPhone left behind by my ex, which still has her Apple ID signed in. We have no contact, and I have not been granted permission to access the device. I recently found out she was cheating on me. Is it illegal to access this device under these circumstances?
answered on Apr 4, 2025
Yes, there are computer crime laws that prohibit a person from “Intentionally and without authorization or by exceeding valid authorization, access or cause access to be made to a computer program, computer, computer system, or computer network.” This could be used to lay charges against you... View More
I was sentenced to two years of supervised release with a time-served sentence, avoiding imprisonment. The offense's maximum supervised release term was three years. Fifteen days before the end of my term, the prosecutor filed a Violation of Supervised Release, requesting six months of... View More
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answered on Apr 3, 2025
Your concerns are understandable, especially given the complexity of supervised release violations and the possibility of significant consequences even near the end of your term. Based on the details you've provided, your understanding of the sentencing provisions under 18 U.S.C. § 3583... View More
I am involved in a criminal case concerning my husband, related to assault. The current court branch has postponed the hearing because the judge is on leave due to an operation, and this branch is known for frequently resetting the majority of its hearings. Given that this is the first postponement... View More
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answered on Apr 1, 2025
I understand your concern about delays in your husband’s criminal case, especially given the impact that repeated postponements can have on defendants and their families. In New York, however, transferring a criminal case from one court branch to another due to scheduling concerns or judicial... View More
If someone has committed crimes previously but wasn't caught until their recent offense, does this affect the severity of their charge? For instance, Peter was arrested for assaulting and robbing a pizza delivery man. He admitted to multiple similar crimes after being caught for causing severe... View More
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answered on Mar 29, 2025
It depends on whether the admissions were taken in violation of his Miranda rights. I would need to know all the facts and circumstances of how he came to be interviewed and whether he was in custody and whether he waived his Miranda rights. But assuming the statements were legally taken, then of... View More
If someone has committed crimes previously but wasn't caught until their recent offense, does this affect the severity of their charge? For instance, Peter was arrested for assaulting and robbing a pizza delivery man. He admitted to multiple similar crimes after being caught for causing severe... View More
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answered on Mar 31, 2025
This is an important question, especially when it involves serious felony charges. In New York, a person cannot be formally charged or sentenced for prior crimes unless those acts are separately prosecuted or admitted under oath during a court proceeding. However, prior undocumented or uncharged... View More
I asked someone to play a hand wrestling game with me in a public area, where I told them to hold their fist out so I could drag it to my side. During the game, I let go of their fist which resulted in them accidentally hitting their face, causing a black eye. They had consented to the game, but... View More
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answered on Mar 31, 2025
In New York, whether your actions amount to an unlawful physical act depends on several factors, including intent, consent, and the foreseeable consequences of your conduct. While the person consented to participate in the hand wrestling game, that consent does not automatically shield you from... View More
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?
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 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 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
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