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.
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 »
He hasnt signed the title yet but hes in possession of title keys vehicle and his name is printed as buyer on title and has registration application and statement of transaction, sale or gift filled out in his name and he signed that and seller signed. Seller also signed title
Under the law you have to have intent to steal or deprive another property.
It sounds like this defendant hasnt intended to deprive but the person who is the co owner believed it taken.
He should consult with attorney who can approach and explain to the prosecutor the scenario.... Read more »
I have a harassment and menacing charge against defendant. DA will not increase stay away to include stay away at least 500’. I need suggestions on what forms to file and where to locate this forms.
I only require form names to file motion to increase terms of stay away order.
By law the distance is set.
Stay Away Provision: Ordering the defendantj to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least... Read more »
Came home and told him what happened and he charges you anyway. What can happen?
The law is usually defined as permanently depriving the owner of his property or doing something inconsistent with the owners rights. It will be a question of fact based on when you told him what happened. If you told him after he confronted you it may seem likea self serving excuse. If you told... Read more »
He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... Read more »
Short answer is no.
Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:
five years for felony... Read more »
Not sure the question but the officer could suspect another substance as a reason for the charge.
DWAI May Be a Less Serious Charge, but It Is Still a Violation.
In New York State, DWAI or Driving While Ability is Impaired tends to carry less severe penalties than a DWI or an... Read more »
Pulled over while on a prescribed medication that caused anxiety and shakiness. Officer that pulled me over searched my car and requested a blood test.
No, it is not illegal to refuse a blood test, but your license can be revoked if you are charged with driving under the influence of drugs (1192.4). Were you charged with a crime?
My nephew has been incarcerated since March 18, 2018. His charge is ATT CRIM POSS WEAP 2ND CLASS D his class was brought down. Before he went to prison he was out on house arrest with an ankle bracelet. Is it possible for him to get credit for time served on house arrest?
In NYS an ankle monitor does not count as incarceration. It is an alternative to incarceration. Therefore he will not receive official credit for that time. It is possible, however, for the sentencing judge to take into consideration the time he was wearing the ankle monitor and reduce his... Read more »
It depends what the bench warrant is connected to and whether extradition has been approved. Why not retain NY counsel to clear the bench warrant and try working out a deal. That’s much better than letting a warrant sit out there forever.
he took 6,400 for rent that I owed thru the pandemic + 3,200 to cover 3mon, he did this without consent but i agreed to the 4k remaining because it seemed fair at the time and he handed me my card, im going through hardships and could've used that money especially being that ny state laws... Read more »
If anyone applied for your unemployment benefits without your consent, you have the right to report this conduct as fraud.
Use That info to get him out of trouble
Proceed with caution and with a defense attorney bc if you were a witness to a crime and didnt come forward, they may think you were acting in concert or part of the crime.
Want to know if all who purchase a rifle legally can register or is there a criteria?
Check to see if your rifle is an assault weapon but NY State registration is for all NY state. But check with local precinct. Id call and place the hypothetical for them to tell you anonymously.
Id recommend consulting a local or pro bono defense atty or private. Heres a sit that may be... Read more »
Federal probation Northern district Albany NY
Consult weit your defense attorney. They can contact the officer and likely help iron out any issues if the law isn't being followed.
If you cant get in touch with them you can either hire a private attorney or contact a free service.
Legal Aid Society of Northeastern New... Read more »
My arrest took place in Brooklyn New York in 1995 everything was dismissed my case was sealed the department that I am applying to is aware that but for some reason they want the exact arrest record for that case
There are several aspects to this.
In short, law enforcement can see nonpublic records and will for applicants. Other NYS employers cannot ask about arrests but for policy reasons law enforcement can.
Sealed Criminal Record Not Viewable by the Public
Once your record is... Read more »
Anything I can do legally to suspend jail sentence until satisfactorily completing probation or thrown out indefinitely.
If the judge already issued the sentence and you pled guilty, rarely can you dismiss the sentence altogether. You may be able to request wkds etc but typically your sentence has already een issued and you cant request now to do it later or after 5 yrs probation or not at all.
Consult... Read more »
Financially it would be hard to fight a case if we can afford attorny fees and travel
Typically the “venue”(location) is where the crime occurred and where the victim is. However some crimes like internet or identity theft can have multiple jurisdictions and can be federal.
But the defendant doesn't choose the location.
I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to me one... Read more »
Consult with a defense attorney as the facts dont appear clear here.
You can lower your jail time for good behavior.
Contact a criminal defense attorney to do this for you and decide if its worth it for you.
https://www.nycbar.org/get-legal-help/article/criminal-law/how-to-seal-criminal-records/
I am looking into what my options are as far as pressing charges so more information would he helpful.
You can consult with local precinct or the local district attorney. Or consult a local attorney. There are civil and criminal ramifications.
Early in 2019, New York passed new legislation extending the statute of limitations for sexual abuse claims in the state. Before this legislation,... Read more »
I met a man in romania in april 2019. we have met 3 times since in romania. He has little and I sometimes send him money. Recently a online transfer company small world stoped my transfer and said compliance stopped it. they wont tell me why. They did call and ask how i knew him and if we had... Read more »
Compliance may suspect some top of fraud.
Mail fraud and wire fraud are federal crimes in the United States that involve mailing or electronically transmitting something associated with fraud. Jurisdiction is claimed by the federal government if the illegal activity crosses interstate or... Read more »
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