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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can I carry a Stinger Tactical whip (or a whip of any kind) in New York State for self defense?

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.

Peter Wade Kolp
Peter Wade Kolp answered on Nov 29, 2020

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 »

1 Answer | Asked in Criminal Law for New York on
Q: My friend was arrested for theft of a vehicle by his ex girlfriend he has keys vehicle and title. Title has him as buyer

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

Peter Wade Kolp
Peter Wade Kolp answered on Nov 29, 2020

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....
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1 Answer | Asked in Criminal Law for New York on
Q: I want to file my motion to increase criminal court stay away order of protection to include stay away from my home500’

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.

Peter Wade Kolp
Peter Wade Kolp answered on Nov 28, 2020

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...
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1 Answer | Asked in Criminal Law for New York on
Q: What if you weren't stealing but kept it safe because his door was open and couldn't lock it and returned it when he

Came home and told him what happened and he charges you anyway. What can happen?

Stuart Austin
Stuart Austin answered on Nov 24, 2020

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 »

1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

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 »

Peter Wade Kolp
Peter Wade Kolp answered on Nov 19, 2020

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...
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2 Answers | Asked in Criminal Law for New York on
Q: Passed breathalyzer (of course,) failed field sobriety so officer charged me with dui based on that.
Peter Wade Kolp
Peter Wade Kolp answered on Nov 15, 2020

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...
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2 Answers | Asked in Criminal Law for New York on
Q: Is it illegal to refuse a blood test while pulled over if an officer suspects drug use?

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.

Michael Arbeit
Michael Arbeit answered on Nov 14, 2020

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?

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1 Answer | Asked in Criminal Law for New York on
Q: Good Morning, I have a question for a criminal Attorney

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?

Stuart Austin
Stuart Austin answered on Nov 13, 2020

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 »

1 Answer | Asked in Criminal Law and DUI / DWI for New York on
Q: If I have a bench warrant in NY and have a court case in PA would I get arrested in court when I appear in court in PA
Victor M. Feraru
Victor M. Feraru answered on Nov 10, 2020

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.

1 Answer | Asked in Landlord - Tenant and Criminal Law for New York on
Q: landlord applied for my unemployment benefits,

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 »

Elaine Shay
Elaine Shay answered on Nov 9, 2020

If anyone applied for your unemployment benefits without your consent, you have the right to report this conduct as fraud.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: My little brother got caught on some drug charges I have a name of someone who is responsible for a death in 2016 can I

Use That info to get him out of trouble

Peter Wade Kolp
Peter Wade Kolp answered on Nov 4, 2020

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.

1 Answer | Asked in Criminal Law for New York on
Q: If I purchase a rifle in Long Island NY, and live in NYC is there any reason I could be denied registration.

Want to know if all who purchase a rifle legally can register or is there a criteria?

Peter Wade Kolp
Peter Wade Kolp answered on Nov 3, 2020

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...
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1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Who can u talk to when you feel your rights are being violated by the the probation officer and the Supervisor

Federal probation Northern district Albany NY

Peter Wade Kolp
Peter Wade Kolp answered on Nov 3, 2020

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...
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1 Answer | Asked in Criminal Law for New York on
Q: I am in the hiring process for a police department I pass a physical and poly arrested in 1995 case sealed n dismissed

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

Peter Wade Kolp
Peter Wade Kolp answered on Nov 3, 2020

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...
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1 Answer | Asked in Criminal Law for New York on
Q: 6 month intermittent sentence w/ 5 years probation postponed for 9 months

Anything I can do legally to suspend jail sentence until satisfactorily completing probation or thrown out indefinitely.

Peter Wade Kolp
Peter Wade Kolp answered on Nov 2, 2020

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...
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2 Answers | Asked in Criminal Law for New York on
Q: Hello, can a new criminal case be transferred from puerto rico to new york if all parties live in new . york.

Financially it would be hard to fight a case if we can afford attorny fees and travel

Peter Wade Kolp
Peter Wade Kolp answered on Oct 30, 2020

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.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Is it legal? To get sentenced ton3 years after trial and then 2 months later finding out its 6 years??

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 »

Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

Consult with a defense attorney as the facts dont appear clear here.

You can lower your jail time for good behavior.

1 Answer | Asked in Criminal Law for New York on
Q: I want to have my record sealed. I was convicted in 1989, non-violent felony 1 yr drug rehab. 5 yrs probation
Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

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/

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New York on
Q: I was sexually abused from age 3 until 11 in N.Y. by my father. Anal penetration began at age 5.

I am looking into what my options are as far as pressing charges so more information would he helpful.

Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

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,...
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1 Answer | Asked in Criminal Law and International Law for New York on
Q: Can I be in trouble sending money to friend in Romania from US?

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 »

Peter Wade Kolp
Peter Wade Kolp answered on Oct 29, 2020

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...
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