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New York Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights and Health Care Law for New York on
Q: Looking for help

I have been bedridden with chronic illness for 6 years. I am required to lie down all day and am unable to get up to use the restroom. I rely on my parents for all my daily requirements. Symptoms of mine include extremely severe noise and light sensitivity which require me to wear earplugs and an... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 11, 2021

I'm sorry for your difficult situation. One option might be to reach out to a health care attorney to explore whether you could be eligible for assisted-living, based on medical condition, age, financial qualification, and whether it would be covered by insurance. Good luck

Tim Akpinar

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1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for New York on
Q: Is it illegal for my grandma to keep my mom away from me wen I did not do nuffin I have no stay away no nuffin

Yes my grandma is 83 years I’m 28 my mom is 57

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2021

Since you are over the age of 21 you can see your mom unless there is some sort of court order that prohibits that.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: My husband was arrested and is now at Rikers Island In New York State. He was never read his Miranda Rights.

What steps can be taken and what motions can be filed to help him?

Peter Wade Kolp
Peter Wade Kolp answered on Mar 29, 2021

If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.

Depending on the case, one can still be convicted without their own...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Military Law for New York on
Q: How can I get this issue resolved and keep the apartment ?

My friends mother passed away he spoke about keeping the apartment but nothing was finalized since he had to go to the army. Building knew we were moving in and always greeted us even came to fix things in the apartment but no one told us that we couldn’t be here. Today my boyfriend goes to... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 10, 2021

It sounds like this may be an inheritance issue. It depends on what the will says. The fact that you are living there will not be relevant if he does not own the apartment. He may be able to assume payments if the will provides for that.

1 Answer | Asked in Civil Rights for New York on
Q: Can you get evicted if you weren't given an eviction notice

The legal aid lawyer knows my landlord and is siding with them is that illegal

Tim Akpinar
Tim Akpinar answered on Jan 4, 2021

This is something that a landlord-tenant attorney should advise on, but your post remains open for almost a week. You could try reposting in the Landlord-Tenant section. Not every post is picked up; if you still don't get a reply, you could reach out to L-T attorneys - ones you find... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for New York on
Q: Maximum lawyer fees for federal (government agency) discrimination ( title V) cases?

Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... Read more »

V. Jonas Urba
V. Jonas Urba answered on Dec 16, 2020

Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.

In New York State lawyers fees are determined by the...
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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 »

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for New York on
Q: I was stopped walking in June 30th 2017 ask to blow 0.00 at 2:30 am because the cop profiled me

My refusal warnings were read to me at 628am where I allegedly refused urine 4 hours after first test legal aid is telling me I don’t have a case call me please

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

If you were walking and were asked to blow for being intoxicated its different than driving.

Suspended License: Refusing a breathalyzer or chemical test in New York State can result in a 1-year license suspension. ... Civil Fine: Drivers face a fine of $500 for refusing to take a...
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2 Answers | Asked in Criminal Law and Civil Rights for New York on
Q: Hi my Name is Jackie and i am looking for a Pro Bono lawyer please.
Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

You could look into the resources of the Legal Aid Society and search for pro bono legal services online. You could check the websites of the New York State Bar Association and New York City Bar Association for their resources on pro bono and low cost legal help. Those sections are usually found... Read more »

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1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for New York on
Q: Can I be imprisoned and fined $1000 for putting a dumpster in my driveway for 10 days! Im being discriminated

No one else in town has to be fined it even says so in an article the town put in the post journal! It is my first offense and they stated that no fines for first time offender I have a dumpster so I can dispose of things because I’moving and a trailer that I put unwanted things in to take to the... Read more »

Toshinori Isoai
Toshinori Isoai answered on Oct 26, 2020

I don't know where you reside, but dumpsters are often regulated at a local/township level. Some cities have ordinances that require you to obtain a "dumpster permit" even if it will be placed on your private property. You may want to contact your local/city/municipal township for... Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for New York on
Q: It is legal for a gas station to deny me access to a restroom because they don’t want to pay septic fees?

The manager and the owner are not allowing anyone to use their restroom even though it works due to the fact they are tired of paying septic fees. I used it the last 3 days even though they have not in service signs and I have asked before to use the restroom and they said no sorry but when I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Here is a link to an organization that is involved in this issue. You could look into whether their resources offer guidance: https://americanrestroom.org Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Divorce, Family Law and Social Security for New York on
Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... Read more »

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Contracts and Small Claims for New York on
Q: It is possible to sue University for emotional distress, for discrimination and for false information in the UK ?

I have applied to University during Covid and got a Conditional Offer right away. In order to get CAS(letter of acceptance ) I had to meet all the conditions. During four months University kept asking me for more and more information and I provided them all. I got an answer that I almost got in the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

I'm sorry for your ordeal. Unfortunately, I don't believe you would have a cause of action for emotional distress, which is generally based more on intentional or reckless conduct that is outrageous on the part of the wrongdoer. But you could present the facts to other attorneys for their... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Municipal Law and Public Benefits for New York on
Q: What are the laws regarding public speaking in a city like NYC?

Can any mass of people congregate in a public park, setup some speakers and listen to an orator speak about politics, for example? Is this protected by the right to peaceful assembly? I'm talking about non-pandemic times, btw. Thanks for any help provided.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

This is something that a constitutional law scholar would know best. It sounds like you are touching upon the time, place, manner attributes of the First Amendment. It would be safest to contact agencies or offices within the City of New York to verify these guidelines - it's possible they... Read more »

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for New York on
Q: Could a plaintiff appeal the lower court decision on a civil lawsuit and where can I fine case law on it
Michael David Siegel
Michael David Siegel answered on Jul 28, 2020

Any decision can be appealed. Where to appeal depends on which court decided it. There are very strict time deadlines to appeal.

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1 Answer | Asked in Civil Rights for New York on
Q: Is it ok for a doctors office to send me home because I had trouble breathing with a mask on? Theynow won’t see me
Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

I'm sorry this happened to you. It's difficult to comment on the matter without knowing more about the basis for the doctor's actions. However, as a general rule (subject to exceptions), a doctor can decline treatment, unless the relationship is government by third-party contractual... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Constitutional Law for New York on
Q: Is there a law that allows me to protect myself against state-mandated threat of infection to my life and my child’s?

Thanks in advance for your time.

I have an 8 year old daughter. Her mother and her partner are reckless about COVID-19 infection, attending protests, traveling on airlines, not wearing masks, not using sanitizer etc. By contrast, I have protected my daughter with every measure possible... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

Your choices are either not to have your daughter come to you or to go to court and ask for custody.

1 Answer | Asked in Civil Rights for New York on
Q: In 1866 what did the SCOTUS Rule in Ex Parte Milligan, 71 U.S. 2 Section 98 on National Emergency
Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

The case is basically about the right of civilians to be tried in civil courts instead of military courts when civil courts are in session. If this is for a school assignment, you could provide background by discussing some of the other measures taken by President Lincoln during the Civil War -... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
Read more »

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2 Answers | Asked in Domestic Violence, Family Law and Civil Rights for New York on
Q: can a legal guardian deny access to the childs bedroom

not allowed in bedroom unless its night but the guardian comes to wake up at 6:30 in the morning and they arent allowed back in their bedroom all day they lock the door

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2020

The question is why are they doing that. Is there a valid reason to do that.

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