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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Landlord - Tenant and Libel & Slander for New York on
Q: I believe the location where I have been staying at is mixing the bathing water with sewer water or feces...options?

I've been staying there for 9 months my whole body smells like the stuff I've seen four dermatologists and they've said nothing is wrong. I believe it may be some form of secret society group at work. Idk if I go to police if I will be taken seriously.

Stuart Austin
Stuart Austin answered on Sep 1, 2021

I think the best way to be taken seriously and to either prove or disprove your point is to take a video of someone collecting a sample of the water and then sealing and sending that sample for testing to a lab.

Good Luck

1 Answer | Asked in Criminal Law for New York on
Q: How can a NYPD arrest charge 50 years old be dismissed be expunged / sealed?

Forgery

Michael Arbeit
Michael Arbeit answered on Aug 24, 2021

Were you convicted of a crime? Call me to discuss further. (516) 766-1878. -Mike

1 Answer | Asked in Criminal Law for New York on
Q: Good afternoon can you tell me what this law means arrantO.C.G.A. 40-8-7 (2010) 40-8-7. Driving unsafe or improperly
Toshinori Isoai
Toshinori Isoai answered on Aug 18, 2021

The law does not appear to be a NY law. It will be a out of state or foreign regulation/code associated with equipment violations.

1 Answer | Asked in Criminal Law for New York on
Q: My sister got caught shoplifting an item from JCPENNY (NY) $60. She doesn’t live in the USA & is a minor.

Your Question:edit text

My sister got caught shoplifting an item from JCPENNY (NY) $60. I got called to pick her up. She is not from The USA she was here on vacation. Item was recovered. They gave me a copy civil demand letter and a trespass letter saying she can only come with an adult.... Read more »

Brian Berkowitz
Brian Berkowitz answered on Aug 4, 2021

Thank you for your question. Regardless of your sister's age, the fact that she is accused of committing a crime can be problematic, especially if she is not a U.S. Citizen. While these forums are good for general inquiries, the best advice I can give you is to speak with an attorney who is... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: , how can I change an independent attorney that is NOT serving him/her

I have a case in criminal court,it's been in court since January 2019, the ADA has NOT been ready at any of my proceedings and my independent attorney is NOT acting with MY BEST INTEREST. WANT TO CHANGE ATTORNEYS, HOW AND WHAT DO I DO?

Stuart Austin
Stuart Austin answered on Jul 28, 2021

I am not sure what you mean by an independent attorney. If you have retained him, you may simply fire him and hire a new attorney. You should be able to recover the unused portion of your retainer fee if there is one. If your attorney was assigned by the court, you will need to document the... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Can you help me to get back my bitcoin from scammer?

Hello,

I invested bitcoin in the TCPRO Company. They promised to return my funds after 45 days. But, they are scammers and blocked me on Telegram. Their website is tcpro.co and the address is New York based on the website.

Can you help me to get back my funds?

Regards,

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You should contact law enforcement to report this crime. Most attorneys that are on this forum that practice criminal law are defense lawyers. In other words, we represent those charged with crimes. Since you appear to be the victim of a crime, you should contact law enforcement. If the... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I RECIEVED A APPEARANCE TICKET FOR CPW 4TH 265.01.01 FOR A BILLY CLUB WOODEN STICK FOUND IN CAR. WILL I BE REMANDED OR R

2 TIME PREVIOUS CONVICTED FELON. WILL THIS CHARGE BR BUMPED UP TO A D FELONY BECAUSE OF PRIOR CONVICTIONS? WILL I BE REMANDED OR REQUIRE A BAIL

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You ask a good question. Because of your previous conviction, it may very well be upgraded to a felony under PL 265.02(1), CPW 3rd Degree, a class D felony. As to whether bail will be set or whether you will be remanded, I don't believe this is a bail qualifying offense even when upgraded.... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Question about ACD for petit larceny

I received an ACD for petit larceny back around the end of 2019 / beginning of 2020. Along with the usual "don't get arrested again" bit, part of the deal was to complete 20 hours of community service but for reasons including the unexpected arrival of the pandemic, I was unable to... Read more »

Brian Berkowitz
Brian Berkowitz answered on Jul 16, 2021

Thank you for your question. This is not something you want to have hanging over your head and if possible, you should reach out to the attorney who originally handled your case to see what, if anything they can do to help you and answer your questions. If you are unable or unwilling to contact... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get charges dropped even before arrest is made?

I filed a police report when he broke 2 of my car windows that night when I broke up with him. I told him that I wanted to return the car to him, since he gave me that car just a few months ago (he used to own that same car) and I told him that night of the incident. I didn't know what to do... Read more »

Michael Arbeit
Michael Arbeit answered on Jun 20, 2021

At this point, it may not be possible to avoid an arrest. But, if you do not want to move forward, you have no obligation to speak with the prosecutor or sign any paperwork. If you do that, a lawyer that knows what they are doing Will get the matter dismissed. Your friend should consult with an... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Why would they not inform the family about his intentions to try to appeal his sentence?

I am daughter am entitled to know of his actions. Yet, no one informed me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 14, 2021

Notices of appeal are served on the attorneys on a case. It is up to the attorneys that represent parties to notify their clients. In a criminal case, you are not a party so you would not get notice.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: I will like a good and trustworthy lawyer that can help my brother win his appeal case. He has the lowest crime

But getting maximum punishment for it. Please help him.

Tim Akpinar
Tim Akpinar answered on Jun 13, 2021

I sorry your question remains open for two weeks. Only an experienced criminal defense attorney should advise here, but you're waiting for a response. At this point, if you haven't already reached out to attorneys, you could use the tab above (Find-a-Lawyer) to search by region, or you... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Child Custody for New York on
Q: I am over 18 and I have mental distress caused by my parents.
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 10, 2021

If you're asking whether you can sue your parents for emotional distress, the short answer is no. Short of physical abuse, a court is not going to second guess parents on how best to raise a child. Here's an article I found online which you might find useful,... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on
Q: In family court if perjury has easily been proven, can the defendant request it to be taken to criminal court?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2021

It can be referred to the DA by the Family court judge but is almost never done.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for New York on
Q: I've heard it suggested to quote this law when a business forces mask wearing against my will. Does this apply?

Section 18 code 241

Also stated it's against Nuremberg trials that concluded a medical procedure can not be forced upon me.

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Umm... No. With all due respect, you'll just sound like a crazy person if you cite to a quotation from the Nuremberg Trials in response to being asked to wear a mask (presumably, for the purpose of preventing the proliferation of COVID-19). Private businesses can operate however they'd... Read more »

1 Answer | Asked in Criminal Law and Estate Planning for New York on
Q: Hello gm I hope all is well . I wanted to no what can I do about me not being able to obtain certain jobs because record

because I have a record i don't have no felonies they are misdemeanors and happen when I was young but I can't even do a training class for home health aid because of this and I just would like to no what steps I can take to resovle this issue I been having with my record for years

Michael Arbeit
Michael Arbeit answered on May 10, 2021

In New York, You may be able to seal you criminal convictions pursuant to CPL 160.59. Consult with an experienced criminal defense attorney to see if you are eligible.

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).

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