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New York Criminal Law Questions & Answers
Q: Accused of hitting someone with my phone, phone held as evidence, going to court. What to do?
I have been accused of hitting someone with my phone, but I did not hit them. The authorities have taken my phone as evidence and are not releasing it. I have provided my side of the story to the police, but I am now required to go to court. Can you explain why my phone is being used as evidence,... View More 
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Stephen Bilkis
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answered on Jul 7, 2025
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answered on Jul 7, 2025
I'm sorry you're going through this stressful situation. Being accused of assault and having your personal property seized can feel overwhelming, especially when you believe you have done nothing wrong.
In New York, when someone is accused of hitting another person with an object... View More
Q: Accused of hitting someone with my phone, phone held as evidence, going to court. What to do?
I have been accused of hitting someone with my phone, but I did not hit them. The authorities have taken my phone as evidence and are not releasing it. I have provided my side of the story to the police, but I am now required to go to court. Can you explain why my phone is being used as evidence,... View More
Tim Akpinar
answered on Jul 7, 2025
answered on Jul 7, 2025
Your post straddles two categories, "Criminal Law" and "Civil Litigation." From the standpoint of civil litigation, it is possible that the alleged victim could claim the tort of battery, an unlawful and intentional touching that results in harm (even if indirectly, through an... View More
Q: Accused of hitting stepfather with a phone, seeking advice
I have been wrongly accused by my stepfather of hitting him with my phone during an argument about a belt. We have never had any previous conflicts, and there were no witnesses to the incident. Despite this, I was arrested and now have to attend court. I am looking for advice on how to prove my... View More
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Stephen Bilkis
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answered on Jul 7, 2025
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answered on Jul 7, 2025
It is understandable that being accused of something you did not do, especially by a family member, can be upsetting and stressful. When criminal charges are involved, it is important to respond carefully and protect your rights through the appropriate legal process.
In New York, being... View More
Q: 74-year-old female charged with weapons possession C felony and firing weapon; prior substance abuse record. Automatic jail?
I'm a 74-year-old female with a prior criminal record primarily related to substance abuse. I've been charged with a C felony for weapons possession and for firing a weapon inside my home in New York. There were no injuries or property damage, and the weapon was not legally owned or... View More
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Stephen Bilkis
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answered on Jul 1, 2025
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answered on Jul 1, 2025
I'm sorry you're facing such a difficult and stressful legal situation. Navigating weapons charges in New York can be particularly complex, especially when prior convictions and age-related factors are involved.
In New York, weapons charges are taken seriously. A Class C violent... View More
Q: Duration of serving 1-3 year non-violent felony for possession of stolen property under 'less is more' law in NY.
I want to know how much time is served for a 1-3 year sentence non-violent felony conviction for criminal possession of stolen property under the "less is more" law in New York State.
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Stephen Bilkis
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answered on Jun 30, 2025
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answered on Jun 30, 2025
I'm sorry you're dealing with the stress and uncertainty of a felony conviction and the impact it may have on incarceration time. Understanding how sentencing laws work in New York, especially under recent reforms, is very important.
In New York, a sentence of 1 to 3 years is... View More
Q: Duration of serving 1-3 year non-violent felony for possession of stolen property under 'less is more' law in NY.
I want to know how much time is served for a 1-3 year sentence non-violent felony conviction for criminal possession of stolen property under the "less is more" law in New York State.
Marco Caviglia
answered on Jul 9, 2025
answered on Jul 9, 2025
You can minimize time by being accepted into Shock Incarceration program in prison, which gets you out in 6 months. Eligibility includes that you are under 50 y.o., and cannot have a prior violent felony conviction or a conviction for certain offenses like sex offenses or homicide, don't... View More
Q: How can I seal my 1971 manslaughter conviction from New York?
I want to apply to have a conviction sealed from 1971 when I was just 17 years old. I was convicted of manslaughter; although I was present, I was not the culprit. My lawyer verbally promised that my case would be sealed as a Youthful Offender, but I've recently found out that it wasn't.... View More
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Stephen Bilkis
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answered on Jun 30, 2025
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answered on Jun 30, 2025
I'm sorry you are dealing with the consequences of a decades-old conviction that continues to affect your life. It is understandable that you would want to clear your record, especially given the circumstances and your age at the time of the offense.
In New York, the ability to seal or... View More
Q: Charged with child endangerment for sending a picture, also facing harassment charge.
I was charged with endangering the welfare of a child under section 260.10(1) due to a picture of a s** toy I sent, and there's also a harassment charge, which I don't understand why it was added. This incident occurred on June 20, and the individual involved was my girlfriend's... View More
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Stephen Bilkis
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answered on Jun 30, 2025
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answered on Jun 30, 2025
I'm sorry you're facing this situation. Being charged with endangering the welfare of a child and harassment can carry serious legal consequences in New York, and it's understandable to feel overwhelmed about what steps to take next.
In New York, Penal Law § 260.10(1) makes... View More
Q: How can I have my criminal record from age 18 sealed in NY to regain employment?
I was asked to resign from my job at JFK Airport due to a criminal record from when I was 18, which is preventing me from getting rehired. I attempted to seal the record by obtaining an application from the courthouse, but the application states that my charge is not eligible for sealing. How can I... View More
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Stephen Bilkis
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answered on Jun 29, 2025
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answered on Jun 29, 2025
I'm sorry you're experiencing setbacks in your career due to a past conviction. It can be frustrating when something that happened years ago continues to interfere with your ability to move forward.
In New York, criminal record sealing is limited by specific laws. Under Criminal... View More
Q: How hard is it to get a change of venue in a misdemeanor case in NY?
I am facing a misdemeanor charge and feel I am not receiving fair treatment due to hate crimes and vandalism directed at me. Law enforcement has not taken any action regarding these incidents. How difficult is it to obtain a change of venue in my case considering these circumstances?
Michael J. McConnell
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answered on Jun 25, 2025
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answered on Jun 25, 2025
Changing venue on a criminal case in New York is very difficult and honestly quite rare. Even in high profile cases with a ton of local media publicity it is tough to get a change in venue. Unless there are truly exceptional circumstances that make changing the venue necessary to ensure that... View More
Q: Accused of theft and drug possession without Miranda rights in Target store.
I was in a Target store when a man accused me of trying to leave with unpaid merchandise. He asked me to follow him to the back of the store. I had items in a cart, which included trolley bags. Store staff checked the cart and took the items. Before they totaled the amount (which was under $200),... View More
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Stephen Bilkis
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answered on Jun 23, 2025
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answered on Jun 23, 2025
Being accused of theft and found in possession of a controlled substance is a serious matter, and it is understandable to feel overwhelmed, especially if you believe your rights were violated. In New York, both the underlying criminal charges and the conduct of law enforcement are important factors... View More
Q: Accused of theft and drug possession without Miranda rights in Target store.
I was in a Target store when a man accused me of trying to leave with unpaid merchandise. He asked me to follow him to the back of the store. I had items in a cart, which included trolley bags. Store staff checked the cart and took the items. Before they totaled the amount (which was under $200),... View More
Marco Caviglia
answered on Jul 9, 2025
answered on Jul 9, 2025
Miranda warnings are only requied if the People intend on using admissions or confessions one makes upon or after being arresed. They do not apply during the "investigatory" stage. If you made no admissions or if they were made to the store security, there is no Miranda issue. The... View More
Q: Can police turn a lawful defense act into a crime when using pepper spray in NYC?
I am 54 years old and was walking my dog in NYC when a man harassed and then attacked me. I defended myself with pepper spray, knowing it's legal under certain guidelines. The NYPD arrived, handcuffed me, and claimed the spray was illegal without investigating. The attacker wasn't... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
It is understandable to feel frustrated and confused after being arrested for defending yourself, especially when you believed your actions were lawful. Your situation raises important questions about self-defense, the legality of pepper spray in New York, and how police determine probable cause... View More
Q: Can my conspiracy case be thrown out due to warrant errors?
My house was raided, and I was arrested for a B felony conspiracy charge. My motion of discovery includes a warrant labeled "benison conspiracy warrant" with a different name and address. My attorney, who is a family friend, thinks this could be a chance for me to go into treatment, so he... View More
Michael J. McConnell
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answered on Jun 21, 2025
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answered on Jun 21, 2025
I am so sorry to hear about your situation and am wishing you all the best as you fight the charges. With that said, it will be important for you to rely on the advice of your attorney as they are familiar with the facts of your case and can help you determine the best legal strategy.... View More
Q: Facing third degree assault charges for using pepper spray in self-defense, arrested in NYC. Legal help needed.
I live in NYC and while I was walking my dog, a man began to harass and then attacked me. I defended myself with pepper spray, which I believed to be legal in New York State. However, the police arrested me, claiming pepper spray is illegal, and I received a desk appearance ticket for third degree... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
It is understandable to feel overwhelmed and frustrated after being arrested while trying to defend yourself. Being charged with assault, especially when you believe your actions were lawful, raises serious concerns that need careful legal attention.
In New York, the use of pepper spray is... View More
Q: Facing third degree assault charges for using pepper spray in self-defense, arrested in NYC. Legal help needed.
I live in NYC and while I was walking my dog, a man began to harass and then attacked me. I defended myself with pepper spray, which I believed to be legal in New York State. However, the police arrested me, claiming pepper spray is illegal, and I received a desk appearance ticket for third degree... View More
Michael J. McConnell
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answered on Jun 21, 2025
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answered on Jun 21, 2025
I’m really sorry that you are going through this. You should strongly consider consulting with a criminal defense lawyer immediately. Even though the arraignment (first court date that is indicated on the DAT) might be a couple weeks away, it is often beneficial in cases like this to have a... View More
Q: How can I legally pursue stalking and disturbance claims against neighbors after a workplace injury?
In August 2014, I was involved in a workplace accident at my valet attendant job in Manhattan, NY, which resulted in serious injuries. This was due to a woman, whom I believe to be Jackie Lynn Jenkins, using a device to close a car door on me while returning her vehicle. Since then, I have... View More
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Stephen Bilkis
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answered on Jun 17, 2025
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answered on Jun 17, 2025
Your concerns about ongoing harassment and the long-term impact of your injuries are completely understandable, especially when you are dealing with both physical limitations and repeated disturbances near your home. In New York, there are legal avenues to address both criminal behavior such as... View More
Q: Legal issues after damaging restaurant door when leaving
I had a heated situation at a fast food restaurant where I kicked the doors open while leaving. The first door kick was likely caught on camera with no damage, while the second door kick, which probably caused damage, might not have been recorded. The manager noted my license plate and said she... View More
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Stephen Bilkis
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answered on Jun 18, 2025
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answered on Jun 18, 2025
It is understandable to feel concerned after an incident like this, especially when there may be surveillance footage and the possibility of police involvement. Based on your description, several legal issues could potentially arise under New York law depending on the circumstances and the extent... View More
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Q: Need advice on legal action for stalking and unauthorized experiment New York
I have been dealing with a stalker who has followed me across different states for multiple years. As a new immigrant in the U.S., I initially didn't know what to do. In 2023, I reported the case to authorities, but they mostly mentioned they couldn't act due to lack of evidence.... View More
Michael J. McConnell
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answered on Jun 4, 2025
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answered on Jun 4, 2025
I’m very sorry that you are going through this. What you have described is serious and can be really scary. Even against powerful individuals, it is possible to get justice and protection.
In general, it can be important to document everything and bring such information to the police. If... View More
Q: Can I be arrested in NYC for pulling a knife out in self-defense, without using it?
I reported an incident in NYC that happened 8 months ago, where I was jumped by three individuals who kicked and pulled me down the stairs by my hair. In self-defense, I pulled out a knife but did not use it. All witnesses are the assailants' friends, and although there is footage, it... View More
Natalie Rios
answered on Jun 3, 2025
answered on Jun 3, 2025
Yes, you can potentially be arrested given this scenario, but it also possible that the police are attempting to contact you to assist with their investigation an/or the identification in this case. In New York, self-defense or justification is codified in the penal law. It is rather complex and... View More
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