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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: There’s an order of protection placed, then the person has a change of heart and trying to withdraw it, how this be drop
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

It depends on whether this is a civil or criminal order. The answers really depend on a lot of factual circumstances and the venue it's placed in.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Penalties for violation of the Federal, Food, Drug, and Cosmetic Act(FDCA), 21 U.S.C. Subsection 331(A)?

In receipt of psilocybin, microdose, from Canada to New York. The package was confiscated at US Customs but repackaged and delivered to the residence. Then a few days later a notice was received saying, ..."You will be receiving correspondence from our fines, penalties, and forfeitures branch... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should definitely be consulting an attorney. This appears to be what is known as a controlled redeliver.

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How do I get an ongoing Criminal Court Order of Protection dropped by an ADA?
Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 2, 2022

Once the State had brought charges, the prosecution of the case is in their hands despite you asking to drop it. However, if you contact the ADA handling your matter or the court’s victim advocate, you can request the charges be dropped or reduced to a violation without an OOP as a condition.... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can I sue a city or a state for a civil rights violation, or a prosecutor?

The case is a minor traffic accident. The prosecutor filed charges based on here say. They know the witness, keeps lying to everyone about what happened, and have done nothing. And the prosecutor, attached somebody else’s juvenile record to my file. Because we’re both Hispanic, and have the... Read more »

Michael Arbeit
Michael Arbeit
answered on Sep 1, 2022

What county and courthouse is the case pending at? What are you being charged with? Consult with an experienced criminal defense attorney for proper representation immediately.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Landlord - Tenant for New York on
Q: What shall I do?

I am considering to take a legal action against my tenants on 1st floor in my rental house (legal 2-family) due to tenants behaviors as follows:

- Repeatedly using my private garage without my permission;

- Repeatedly opening my private letters, and sealed them back;

-... Read more »

Elaine Shay
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Elaine Shay
answered on Jul 25, 2022

If your tenants do not have the protection of an unexpired current lease and are not rent regulated, you may commence a holdover proceeding to recover possession of the apartment. Strongly recommend retaining an experienced landlord/tenant attorney to assist you with the process.

1 Answer | Asked in Criminal Law and Contracts for New York on
Q: Is small claims court worth it and can i press charges for fraud?

I have a hand written contract signed by myself and the other party. The contract states I made a down payment of $2300 for concrete work on my property. The check was cashed and in the memo it states it's for a concrete patio. That was in may and no work has been done. I just keep getting... Read more »

Gary Lane
Gary Lane
answered on Jul 13, 2022

How much cash are you out? If it is within the limits of small claims court, it would make sense to sue that way, YES.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: Is it illegal for my 5 year old son to be naked outside in New York State
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 16, 2022

There are three penal statutes that proscribe exposure of “intimate” parts of a person:

Exposure of a Person (Penal Law Section 245.01),

Public Lewdness (Penal Law Section 245.00), AND

Public Lewdness in the First Degree (Penal Law Section 245.03).

Exposure of a...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: I got arrested 132 days ago I've pled not guilty. How does the speedy trial law affect my case if at all?

all? Pled not guilty and I'm awaiting a motion date from my lawyer.

Stuart Austin
Stuart Austin
answered on Jun 7, 2022

Speedy trial is only applicable when your attorney does not consent to adjournments and requests the ADA to take the time until the next court appearance. If your attorney has consented to any of the adjournments for strategic reasons these days would be excluded from the speedy trial calculation.... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Did I just do something stupid?

So my former job accused me of stealing 400$. They had me come in for a meeting today, showed me video proof of stealing cash on multiple occasions, even though I don't remember doing any of that. I ended up playing ball because they told me that they wouldn't involve third parties if I... Read more »

Michael Arbeit
Michael Arbeit
answered on Jun 3, 2022

Where is this case pending? Have you been arrested. Cal me to discuss further at (516) 766-1878

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for New York on
Q: Is it illegal for someone to use their job to find out your personal and sensitive information about an individual ?

This person works for social services and printed out my application for assistance (with all personal info on it including ss#) and gave it to her sister to use in court ordered mediation for divorce. The employees name (the suspect) was on the top of the page as logged in user at the agency. And... Read more »

Racquel A. Cousins
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Racquel A. Cousins
answered on May 19, 2022

Yes, you should definitely speak with an attorney. Your situation sounds complicated and you would need to give all the facts to an attorney, who can represent you. It sounds like there is way more going on here than you can type in the "Ask a Lawyer" section. However, to answer your... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for New York on
Q: I’m doing a mock trial in my class and i’m going to be the judge and i’m confused what the basic questions should be 1/2

asked for the preliminary questions

Tim Akpinar
Tim Akpinar
answered on May 12, 2022

Try to learn what the protocols and procedures for your trial will be. Familiarize yourself with the case material and the rules. Mock trials can differ in depth according to the academic level. Based on the level of your mock trial, you may need to make rulings on certain things. Is evidence... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: How many consecutive years can they give you?

If each of your crimes is punishable by up to a 1yr county jail time, how many of those can they run consecutive and if they run more than 2 consecutive would they then send you to prison instead?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You can only be sentenced up to one year in county jail for each misdemeanor. Sentences must run concurrently if each crime was committed by the same act. You cannot be sentenced to prison for a misdemeanor.

1 Answer | Asked in Criminal Law for New York on
Q: 267 days no grand jury no indictment ny

I filled my own 30.30 motion 04/11/2022 I never waived my rights and also stated on record I want to attend my grand jury and testify on my behalf…I was also re-arrested held for 16 days then released with no charge

Samuel C. Breslin
Samuel C. Breslin
answered on Apr 28, 2022

Hello - while I of course do not know the specifics of your case, if you have an attorney (assigned or private) it is possible they filed a waiver of speedy trial in an effort to encourage negotiations. If you are in Columbia County, they do things quite differently, so reach out to your attorney... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I was contacted by a investigator at Nys department of financial services. They want to meet to talk do I need a lawyer
Michael Arbeit
Michael Arbeit
answered on Apr 27, 2022

Do you work for NYS? Do you have any reason why an investigator from NYS would be calling you? Do not speak with anyone before speaking with an attorney for proper guidance. You should immediately consult with an experienced criminal defense lawyer in regard to this matter. You can always reach... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: What is the max they can give you in nys for the following crimes combined.

4 auo 2nd, 2 fleeing officer 2nd, unlicensed operation, bail jumping, obstruction of government administration 2nd, reckless driving.

Michael Arbeit
Michael Arbeit
answered on Apr 25, 2022

The answer is predicated on a few different factors. Consult with an attorney in regard to this matter ASAP.

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Is it illegal to carry a cane sword that isn't sharpen (still original with dull edges) in New York?

I wanted to use the cane with a suit without ever exposing the blade which isn't sharpened

Stuart Austin
Stuart Austin
answered on Apr 21, 2022

Yes. It is still illegal. The statute definition does not differentiate whether the blade is dull or sharp. You could remove the blade and just use the cane part.

1 Answer | Asked in Criminal Law for New York on
Q: My court was postponed I’m a 19 year old female, it’s a felony complaint (screening) will I go to jail that day?

I’m scared… I don’t wanna get thrown in jail, I haven’t even been able to talk to my public defender and court is on April 13th

Michael Arbeit
Michael Arbeit
answered on Apr 9, 2022

Where is your case pending? What are you charged with? No, you will not be thrown in jail on the next appearance. Consider hiring a private attorney if you are not happy with your assigned lawyer.

1 Answer | Asked in Criminal Law for New York on
Q: My boyfriend just got charged with 3 counts criminal possession of a firearm in the 2nd degree and attempted murder

They have no evidence and they said they had a arrest warrant for a year but just now picked him up. The situation was basically self defense long story short. He definitely needs a lawyer but we are very low income. Is there anyway out of this?

Michael Arbeit
Michael Arbeit
answered on Apr 6, 2022

Where is this matter pending at? These are very serious charges. if he can not afford a lawyer, one will provided to him by the Court.

1 Answer | Asked in Criminal Law for New York on
Q: Today an oil delivery person come into our yard, and proceeded to pee, I saw his private, and I feel sick, can I sue?
Stuart Austin
Stuart Austin
answered on Mar 31, 2022

You can sue anyone for anything--almost. The real question is can you win and collect damages. In your case I don't believe so.

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