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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Federal Crimes for New York on
Q: 3rd time asking, no replies yet. Have expunged marijuana coviction. What do I answer when asked "ever been convicted?"
Benjamin Ostrer
Benjamin Ostrer answered on May 3, 2021

You can truthfully answer that you have not been convicted if your disposition was expunged. However, there are applications such as a pistol permit and certain employment where the permit officer or HR office should be consulted. Some require disclosure of all cases even those that were... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: What would the charge be for flicking a knife out during an argument with someone. There was no physical contact.
Michael J Stachowski
Michael J Stachowski answered on Apr 18, 2021

The likely charge would be felony level Menacing. Threatening a person with a deadly weapon. If it was used it would be assault first or second. In any event it is serious

1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: Can I get in trouble for trespassing on someone's land in New York but not doing anything wrong, just walking?
Toshinori Isoai
Toshinori Isoai answered on Apr 2, 2021

The fact of "trespassing" will likely constitute "wrongdoing". Unless you meet the statutory conditions of "criminal" tresspassing, it's just a violation in NYS (you can get a ticket for a small fine).

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: If you get a ticket with the wrong year,make,model and color of the vehicle is that ticket still valid.

The ticket that was issued has no reason why they pulled him over and all of the vehicle information is wrong except the license plate number can it be thrown out for this incorrect information?

Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

To better answer your question, we need to know under what section the ticket was issued to you.

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...
Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Securities Law and Stockbroker Fraud for New York on
Q: Do I have civil or criminal liability if I unknowingly referred someone to an investment that turned out to be a scam?

The person I referred lost money. I did not receive any money from the person I referred or the investor.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2021

There are attorneys on this board who are knowledgeable in securities-related matters who could best advise, but your post remains open for two weeks. As a GENERAL premise, for someone to be liable for scamming or defrauding someone, it usually has to be shown that they had an intent to deceive or... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for New York on
Q: Adverse event, Fraud Concealment in patient records what kind of lawyer is needed to pursue this kind of case/injuries?
Tim Akpinar
Tim Akpinar answered on Mar 23, 2021

An attorney who deals with healthcare law and HIPAA could be a starting point, and depending on more information, possibly a medical malpractice attorney or civil litigation attorney, based on the issues that emerge in making a more detailed assessment. You could use the tab above (Find-a-Lawyer)... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Should he stop running or possibly wait out the statute of limitations.

My friend has been on the run for almost five years. A charge of fraud and another incident where he was in the wrong place at the wrong time with cocaine that wasn’t his. He fled to New York recently for a visit and has just had a baby. The issue as well is he was dealing with someone else prior... Read more »

Michael Arbeit
Michael Arbeit answered on Mar 18, 2021

If he has warrants for these cases, there is no statute of limitations. He has pending cases in both PA and NY?

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for New York on
Q: My wife filed a bunch of faults police reports on me with her friend some how I got charged with a felony esdropping

Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I have a public defender and he does not return my calls, what should I do

I was aressted for esdropping, I did not do it all they have are two statements from my soon to be ex wife and her bestfriend. The ex wife and her friend tried to have me arrested for kidnapping my oldest son, They filed so many false reports on me and some how the esdropping charge stuck.I... Read more »

Eric Webster Sherwood
Eric Webster Sherwood answered on Feb 28, 2021

My advice to you would be to find your attorney's office address online or from the court and physically go to his/her office and ask to speak with them. Be polite and, if they tell you that you can't speak to them without an appointment, make sure that you don't leave the office... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: My daughter in law has been in contact with my daughters old boyfriend who strangled her...he was on probation for doing

The same to someone else as well as a conviction for abducting and kidnapping...He is wanted by 2 different counties as a violating felon. She has refused to cooperate with police as to his whereabouts.Is she culpable or can she be charged with any crimes?

Elena Fast
Elena Fast answered on Feb 9, 2021

An individual cannot get in trouble for refusing to cooperate with the police or help them with their investigation. With that being said, if your daughter in law is harboring the boyfriend, or helping him in any way to escape apprehension, she may have criminal exposure.

1 Answer | Asked in Criminal Law for New York on
Q: How often do speeding misdemeanor tickets in ny get dropped to violatos

G to he cop we rote me one speeding over 55 bunch of inadequate signaling changing lanes hov device infraction 10 total yes he wrote me for reckless driving

Luigi Vigliotti
Luigi Vigliotti answered on Jan 28, 2021

Speeding charges in NY are NOT misdemeanors. If he wrote you for reckless driving, that's a misdemeanor. However, speeding offenses are traffic infractions that involve 3 points, 4 points, 6 points, 8 points or 11 points depending on how fast one was traveling. Or in the case of VTL... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Hello! I have a case on file here and wanted to know if I would be able to have it removed from my records?

Is there any fine that will help me remove that case? Or have it expunged?

Michael Arbeit
Michael Arbeit answered on Jan 11, 2021

There is a relatively new sealing law in NYS. See Criminal Procedure Law Section 160.59 or speak with an experienced attorney to see if you qualify to have your criminal conviction sealed.

1 Answer | Asked in Criminal Law and Tax Law for New York on
Q: I was charged with having untaxed ciggarets i need help in Madison county but don't want an appointed one
Luigi Vigliotti
Luigi Vigliotti answered on Jan 9, 2021

You should do an internet search of attorneys in the Madison county area that handle your particular type of legal situation. In addition, you can contact the local bar association and ask for a list of criminal practitioners. Finally, the local assigned counsel panel may provide a list of... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If someone went to trail and was never offered anything, what is that a violation of?

Murder conviction

Elena Fast
Elena Fast answered on Jan 5, 2021

The prosecutor is under no obligation to offer a plea. If the prosecutor never offered a plea, it is not a violation of anything.

1 Answer | Asked in Criminal Law and Securities Law for New York on
Q: Can i carry a 4" blade pocket knife in public if i have a felony in New York State?
Michael J Stachowski
Michael J Stachowski answered on Dec 28, 2020

Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... Read more »

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on
Q: Can a Support Magistrate reduce child support after the other party admitted unemployment fraud on the record in NY?

The other party is trying to get child support reduced. He admitted he does side jobs and has turned down 3 jobs without telling unemployment.

Howard E. Knispel
Howard E. Knispel answered on Dec 22, 2020

The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.

1 Answer | Asked in Landlord - Tenant and Criminal Law for New York on
Q: Is getting a tenant to sign something acknowledging that their residence not a legal unit a good idea?

I am currently an owner of a 2-family home in Brooklyn. I currently rent out the units, as well as rent to a tenant in the cellar. The cellar is not a legal unit. Having read some literature, I am aware that if a fire were to occur, I could be held criminally liable if the cellar tenant were to not... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Dec 14, 2020

Hire an attorney as there may be multiple considerations civilly and criminally.

1 Answer | Asked in Criminal Law for New York on
Q: If my gf on several occasions demands to kill a person she is jealous of is that a crime in NY?
Derek S. Andrews
Derek S. Andrews answered on Dec 8, 2020

Probably not, but an attorney would have to know much more about the context, what was said, what was done, etc. before an accurate answer could be given. If you’re concerned, consult with a criminal defense attorney.

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