Get free answers to your Criminal Law legal questions from lawyers in your area.
answered on Nov 4, 2024
If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More 
wondering how to go about getting someone to represent my brother, can someone advise further? TY so much
answered on Oct 29, 2024
Sorry to hear what happened to your brother. Whether he has a case will depend on whether his attack was foreseeable and therefore preventable. A sudden, spontaneous attack that could not have been foreseen, no less prevented, does not give rise to any legal liability on the part of the State.... View More
I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More
answered on Oct 28, 2024
Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More
She went away in 2022 and her next board is may 2025. She completed shock, all her programs and has zero disciplinary tickets. She is just looking for an opinion on if this 4th parole hearing may go in her favor. She and I understand that the lawyers on here dont have the case in front of them so... View More
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answered on Oct 2, 2024
Well something in your question doesn't make sense to me. You state that she competed the Shock Incarceration Program. If that is the case, she should have been released upon successful completion of the six month Shock program. It sounds like she did not complete Shock successfully and that... View More
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answered on Sep 26, 2024
If you hired a lawyer, you should really address all questions to him/her.
Assuming you don't have a lawyer, there is a lot of case law on where the supporting deposition gets served by mail.
If you have a lawyer on file with the court, the supporting deposition has to be... View More
My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More
answered on Aug 22, 2024
Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.
It did not in any way hold that roads can only be regulated for those engaged in commerce.
It discussed that states could regulate... View More
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answered on Aug 10, 2024
In New York, the use of a firearm for self-defense is governed by specific laws. Here are some key points to consider:
1. **Self-Defense Laws**: New York law permits the use of reasonable force to protect oneself from imminent harm. However, the use of deadly force (such as shooting... View More
I don't feel comfortable with this after 20 years of both prison and supervision.
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answered on Jul 21, 2024
You can petition the judge to request a change in your post-supervision status. Judges can consider requests based on personal circumstances, but it's important to present a compelling case. Detail your concerns and how continued supervision might help you adjust.
Consult with your... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 21, 2024
Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More
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answered on Jun 29, 2024
I can offer some general information that may be helpful:
1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply... View More
i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?
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answered on Jun 26, 2024
A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More
They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?
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answered on Jun 26, 2024
Your lawyer can try to suppress the evidence by having a suppression hearing.
To suppress evidence found during a search of a house, the defense attorney may argue the following points:
1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This... View More
I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means
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answered on Jun 26, 2024
The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More
The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.
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answered on Jun 22, 2024
To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:
1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or... View More
I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version
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answered on Jun 21, 2024
I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:
1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why... View More
Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More
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answered on Jul 2, 2024
Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More
answered on Jun 7, 2024
A person could definitely be detained without bail on a probation violation. It would depend upon the seriousness of the violation, the apparent strength of the evidence of the violation, and the person's overall track record on probation.
I signed a contract the sale didn't go through because sellers lawyer messed up and said a bunch of stuff. Regardless, I'm in court over this issue. But I realized that the contract that the sellers attorney submitted my signature is a electronic forgery. I tried to file police charges on... View More
answered on May 9, 2024
You cannot bring charges as a private citizen, although you can report a crime to a district attorney among other authorities (e.g. the disciplinary committee). The DA's office files criminal charges on behalf of the people of the state. You will also want to ensure that you have properly... View More
I walked into a grocery store with a half eaten bag of chips I bought from a drug store (worth literally $1.50) and walked around a bit since I was only grabbing a few things and did not want to get my chip fingers over what I was going to buy.
I threw away my bag of chips and took a napkin... View More
answered on May 3, 2024
Although your question is posted under "Criminal Law," it appears that no criminal action was taken, and that instead, you are wondering about your rights in terms of civil action related to your treatment at the store??? If that's the case, you could reach out to attorneys to... View More
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