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Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More 
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answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 21, 2024
Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More
1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More
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answered on Jun 29, 2024
I can offer some general information that may be helpful:
1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply... View More
i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?
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answered on Jun 26, 2024
A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More
They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?
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answered on Jun 26, 2024
Your lawyer can try to suppress the evidence by having a suppression hearing.
To suppress evidence found during a search of a house, the defense attorney may argue the following points:
1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This... View More
I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means
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answered on Jun 26, 2024
The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More
The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.
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answered on Jun 22, 2024
To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:
1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or... View More
I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version
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answered on Jun 21, 2024
I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:
1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why... View More
Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More
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answered on Jul 2, 2024
Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More
answered on Jun 7, 2024
A person could definitely be detained without bail on a probation violation. It would depend upon the seriousness of the violation, the apparent strength of the evidence of the violation, and the person's overall track record on probation.
I signed a contract the sale didn't go through because sellers lawyer messed up and said a bunch of stuff. Regardless, I'm in court over this issue. But I realized that the contract that the sellers attorney submitted my signature is a electronic forgery. I tried to file police charges on... View More
answered on May 9, 2024
You cannot bring charges as a private citizen, although you can report a crime to a district attorney among other authorities (e.g. the disciplinary committee). The DA's office files criminal charges on behalf of the people of the state. You will also want to ensure that you have properly... View More
I walked into a grocery store with a half eaten bag of chips I bought from a drug store (worth literally $1.50) and walked around a bit since I was only grabbing a few things and did not want to get my chip fingers over what I was going to buy.
I threw away my bag of chips and took a napkin... View More
answered on May 3, 2024
Although your question is posted under "Criminal Law," it appears that no criminal action was taken, and that instead, you are wondering about your rights in terms of civil action related to your treatment at the store??? If that's the case, you could reach out to attorneys to... View More
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answered on Apr 28, 2024
This fact pattern is somewhat strange , however the judge in question has the authority to issue a Bench Warrant when a defendant fails to appear for a court appearance. He can revoke recognizance bail or cash/ bond bail and impose release under supervision of the probation department as a form... View More
I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More
answered on Apr 17, 2024
My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.
The New York State Police may have received other similar reports regarding... View More
If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?
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answered on Apr 16, 2024
There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:
On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or... View More
It was dismissed because the accusatory instrument was in error. She won the appeal, mind you this is on a city court level. I feel this is harassment and violating my civil rights. Wasn't the dismissal the law? How can she win an appeal on factual law??
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answered on Apr 8, 2024
Yes, you had to be notified. The prosecution had to send your attorney a copy of its a motion. So, check if your attorney received it or not. If he did, he should have informed you. If your attorney did not receive a copy of the prosecution's motion, then the appeal may have been defective.... View More
I was very aggressive with words when he approached my car. He tried to coax me out the car to fight I guess. How do I get his name to license plate and take him to court
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answered on Apr 6, 2024
If you feel the other driver acted recklessly in a way that endangered you, the appropriate course of action is to file a police report. Provide them with as many details as you can recall, including the location, time, vehicle description, license plate if you saw it, and a factual description of... View More
How do I approach this as a visitor(I'm the eldest son) to my issue since I speculate that my 2 half brothers have awareness about having the spy cam all over the living room, kitchen, and bathroom at my mother's apartment in Queens, NY? The family on the 2nd floor of the house and... View More
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answered on Mar 31, 2024
Arnold, this sounds like a very distressing and violating situation. I'm so sorry you are dealing with this. If you genuinely believe there are hidden cameras in the apartment recording you without your consent, that is a serious invasion of privacy. Here are some suggestions on how you could... View More
Illegal car searches and pat downs
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answered on Mar 25, 2024
If you believe a police officer has violated your Fourth Amendment rights through illegal searches or harassment, you can take several steps to press charges or seek justice. First, document every detail of the incident, including dates, times, and any witnesses. This information is crucial for... View More
My husband was charged with second-degree murder. he then went to grand jury testified in the grand jury voted for a nonviolent C felony. A week later, the DA on his case went back to the grand jury, and had them change the vote to a first-degree manslaughter charge. It was said that he could do... View More
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answered on Mar 19, 2024
The right to a speedy trial is fundamental, but its application can vary based on the specifics of the case, including the charge of first-degree manslaughter. Typically, the right to a speedy trial means that a defendant cannot be held for an extended period without being tried, but several... View More
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