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New York Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for New York on

Q: Crim Trespass 3rd:enclsd Prop

She opened the door for me, but now she denied this, and now my charge is Crim Trespass 3rd:enclsd Prop. What can I do? Thank you.

Gary Kollin answered on Jun 17, 2019

If it was a guy, how can SHE deny it.

Hire an attorney

1 Answer | Asked in Criminal Law for New York on

Q: I was a passenger in a vehicle where drugs were found The driver claimed ownersip I was still charged. Is this legal?

Gary Kollin answered on Jun 11, 2019

Either you have an attorney or you need to retain one.

Your questions should be addressed to that attorney

If you have not been formally charged, an attorney could possibly convince the prosecutor not to.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on

Q: I would like to obtain an order of protection how do i go about that?

My biological mother wont leave me alone via text. I have told her to leave me alone and stop contacting me. In emails from previous years has been verbally abusive towards me. She uses my brother as a way to get to me even though I know she is brainwashing him. Should I go to the police regarding... Read more »

Lawrence Allen Weinreich answered on Jun 11, 2019

What you can do is file for an order of protection in family court.

2 Answers | Asked in Criminal Law for New York on

Q: What if a detective denied me a lawyer? could my case be thrown out? criminal possession of a controlled substance

I have no record, when i asked for a lawyer the detectives told me if i wanted a lawyer they couldn't help me and would charge me with a felony instead of a misdemeanor. I wasn't even given a phone call. I was also pulled over for no traffic violation reason and there was no criminal activity the... Read more »

Michael Arbeit answered on Jun 7, 2019

If you do not already have an attorney representing you, consult with one immediately. If you do, speak to them about these issues. Your version of the events and the police version I am sure are going to be completely different, but that's what suppression hearing are for.

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1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Gov & Administrative Law for New York on

Q: Having issue with speeding in my neighborhood. No sidewalks. Kids ride bikes in road and local residents speed past kid.

Wondering of rights as resident. Called town and being told keep kids out of road. Not addressing the law breaking of residents. Put slow down structure at foot of driveway. What else can I do to stop a child from being killed. What are the children's rights.

Peter N. Munsing answered on May 23, 2019

Petition the local city council or whatever form of government you have for placement of a speed limit sign etc. However kids should not be riding bikes on roadways unless they are fully competent, have helmets on etc. We lived on a road like that and that's one of the reasons we moved--no way... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: Should I get the police report for my son who was arrested- (Age 12)?

Gary Kollin answered on May 21, 2019

Are you serious? Why wouldn't you get it?

1 Answer | Asked in Criminal Law, Estate Planning, Real Estate Law and Civil Litigation for New York on

Q: Stranger has her name on the deed illegally after judgement

Erected a fence recently barring me from entering my own family property

Michael David Siegel answered on May 11, 2019

If the name is on the deed, she is not a stranger. Whether it got there legally is the question. I do not understand the judgment point.

1 Answer | Asked in Criminal Law for New York on

Q: if i am 18 and my parents press charges on my boyfriend, am i still allowed to talk to him?

Kristen Epifania answered on May 10, 2019

Unless there is an order of protection in place, then you may still talk to him. If there is an order of protection against him in your favor, then any contact with him can get him into further trouble.

1 Answer | Asked in Contracts, Criminal Law, Federal Crimes and Public Benefits for New York on

Q: Who to go to for former corrupt customs admin decades ago with valid evidence of drug smuggling operations whistleblowin

Friend worked for former border patrol, customs enforcement and secret service for Carter and Ford and has photos and documents of his involvement in drug enforcement operations, and a former boss was suppose to turn in narcotics and arrest those involved yet turned around and gave it back and did... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Unfortunately--even if everything you said is 100% true--there is nothing anyone can do about it today. Why? Because of the extremely, long period of time that has elapsed between the time of the drug-related issues (late seventies) and now.

2 Answers | Asked in Criminal Law and Sexual Harassment for New York on

Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent

Samuel C. Breslin answered on May 1, 2019

Depending on the circumstances, this could be a complicated issue. If they are trying to use the recordings to blackmail you, extort you, or threaten you, it could be a few different crimes (although the legislature passed the revenge porn law, I do not believe it’s been signed into law). If you... Read more »

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2 Answers | Asked in Criminal Law for New York on

Q: if police come to my house with a warrant and take money can they arrest me ?

a robbery happened and they think I have something to do with it but the day it happened I was at home with my roommate and girlfriend and they already told investigators this

Samuel C. Breslin answered on Apr 26, 2019

You skipped your appointment

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1 Answer | Asked in Criminal Law for New York on

Q: Get rid of misdemeanor on record in New York State...?

I have a non violent misdemeanor on my record for identity theft 3 years ago. I am 22 and it is getting in the way of my future. No company will touch me with a 30" pole. I did research it says you can not expunge a criminal misdemeanor in New York State.

If I move states will I be able to... Read more »

Michael D. Litman answered on Apr 26, 2019

Unfortunately, it does not matter where you move to, the NY record can't be expunged. However, it may be able to be sealed after 10 years, but that does nothing for you over the next 7 years.

1 Answer | Asked in Criminal Law for New York on

Q: In New York state how much time do you get for possession of a forged instrument

Kristen Epifania answered on Apr 7, 2019

There are various degrees of this type of crime, so the potential sentence depends on which charge is brought - a misdemeanor exposes you to up to one year in jail, while a felony can carry a potential prison sentence of at least one year.

1 Answer | Asked in Criminal Law for New York on

Q: If I have an order of protection against me and the person I have it against moves out of my house am I able to go home

Kristen Epifania answered on Apr 7, 2019

If the home address is listed on the order, you should go to court to have the order of protection modified.

1 Answer | Asked in Criminal Law for New York on

Q: Can someone’s lawyer just randomly call you and and tell you what your potentially charged with?

The person is saying I’m harrassing her when I never contacted her at all, not once and a lawyer just randomly called me today to tell me I can potentially be charged with stuff if I don’t leave her alone, and I never ever contacted her

Kristen Epifania answered on Apr 7, 2019

Yes, an attorney can contact you but you have no obligation to speak with them. If you believe you are at risk of being accused of a crime, you should contact a criminal defense attorney to discuss the details of the matter. If you are contacted by law enforcement at any point, do not make any... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on

Q: How can l get an application for a certificate for good conduct. To be honest l don't know the correct terms.

I have a felony dating back to 1999, l am trying to get a promotion at work, but my past is keeping me from achieving my goals.

Michael Arbeit answered on Apr 1, 2019

Depending on what the felony convictions was for and any other past criminal history, you may be eligible to seal that conviction pursuant to CPL Section 160.59. You should consult with an experienced criminal defense attorney in regard to this matter.

1 Answer | Asked in Criminal Law and Estate Planning for New York on

Q: trustee instructed by the will to create a special needs trust w/ trust document . Refuse/does a testamentary w/will

Moms accountant was given unprofessional advice allowed her accountant of 30 yrs be executor and trustee. My brother was executor and successor trustee. I refused to be a executor by choice because i couldnt walk and didnt want to be a burden. I was unaware that together they planned to screw... Read more »

Michael David Siegel answered on Mar 31, 2019

If your mother was competent, her documents will be enforced and whatever powers she gave your brother, fair or not, will be allowed.

1 Answer | Asked in Criminal Law for New York on

Q: It is possible that a petty larceny be considered as a violation and don't affect my record? Is the first time

Kristen Epifania answered on Mar 10, 2019

Petit larceny is a misdemeanor, which is a crime. However, just because you were arrested for petit larceny, it does not mean that you will be convicted. It is very possible to walk away with either a violation or a dismissal, depending on the case facts, especially if it is your first offense.

1 Answer | Asked in Criminal Law for New York on

Q: Is it in the best intrest for a defendent to testify in a retrial with two victims one being murder and one assault?

Kristen Epifania answered on Mar 10, 2019

Many factors go into determining whether it is in the defendant's best interest to testify, it is impossible to simply say yes or no. An attorney can provide you with a better answer when they have more specific details about the case, as well as a better understanding of the evidence.

1 Answer | Asked in Criminal Law for New York on

Q: How would I view records of a drug case from the early 90's that was settled in Albany District Court?

Michael Arbeit answered on Mar 9, 2019

You would need to go the clerk's office of that court and ask to see the court file (chances are they are going to have to order it from records for you). If the matter was not yours and the case was sealed, you will not be allowed to review the file.

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