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?
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.
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
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 »
Is there any fine that will help me remove that case? Or have it expunged?
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.
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 »
Murder conviction
The prosecutor is under no obligation to offer a plea. If the prosecutor never offered a plea, it is not a violation of anything.
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 »
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.
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.
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 »
Hire an attorney as there may be multiple considerations civilly and criminally.
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.
For example, Miranda v. Arizona which was decided by the Supreme Court mandates that suspects have to be read their rights to an attorney and to remain silent, but would a similar case decided by a lower federal court (district or circuit court) have an impact on how police officers should act in... Read more »
Yes, a district court's decision sets precedent for police department and can result in the change of police procedure. Two recent examples - ban of gravity knives unconstitutional (SDNY) and stop and frisk unconstitutional (SDNY). Both were district court decisions that resulted in changes to... Read more »
I don't want him to lose his career, but he has harmed me physically, emotionally, and financially throughout our relationship and I want it to stop and I am afraid of him. I believe that an order of protection would be enough to stop his abuse, but I also don't want him to lose his... Read more »
If you file for an OP in family court that is a civil matter and it will not affect his license. However, if he violates the order and gets arrested, then it becomes a criminal matter and if convicted of a felony, he would loose his license.
An abuse and neglect petition has been filed against me by Child Protection Services for unfounded allegations for an incident that happened outside of work. I am not being criminally charged. There isn't even a criminal investigation. They suspended me without pay. Im in West Virginia.
This looks like something that an employment law attorney would probably know better than attorneys who practice in the categories posted. You posted in New York, but mention being in West Virginia. If this involves a West Virginia county/school district/teacher's union and that's where... Read more »
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 »
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