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New York Criminal Law Questions & Answers
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...
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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.

1 Answer | Asked in Child Custody, Civil Litigation, Criminal Law and Family Law for New York on
Q: Can anyone be held civilly or criminally liable if false allegations are made and relied on for decision during custody?

My ex used pending charges against my current spouse, that have since been resolved to try and claim he was violent and my kids in danger. My spouse was not convicted of any of these charges, only misdemeanor traffic charge. Because these claims (along with other false claims) tainted the courts... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 31, 2022

No. The asker must realize that in a post-Clinton nation, no proof is needed for up-front orders, a court investigates after those orders, and then a hearing takes place to confirm or refute the allegations in a petition. The law used to be proof by a preponderance of the evidence; it is now... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: In NYS, if I did a year on a misdemeanor charge, isn’t it illegal that i still have to complete 3 years of probation?

If a misdemeanor (A or B) is punishable by up to a year of jail or 3 years of probation, how’s its possible to do both

Stuart Austin
Stuart Austin
answered on Mar 30, 2022

An A misdemeanor has a maximum sentence of 1 year. A B misdemeanor has a maximum sentence of 90 days. An A misdemeanor maximum term of probation is 3 years. If you have already served the equivalent of 1 year in jail and were subsequently sentenced to 3 years probation, this is technically not... Read more »

1 Answer | Asked in Criminal Law, Banking, Business Law and Identity Theft for New York on
Q: hi. My wife took an imposter to sign on my behalf at a check cashing place.

the check was deposited into an account ,she claimed the person who had the same first name and last name as me as her husband to cash out $2400 stimulus check in may of 2020,I came to find out about the check cashed in march 2021,Irs sent me a check copy in August 2021,I made a police report but... Read more »

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

If I was in your situation, I would gather all of the information, hire a civil attorney, and sue her and the imposter for the amount of money stolen, as well as the cost for litigation. After filing the suit, I would also subpoena the place for footage of the transaction. Hopefully it still... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I have a warrant in brooklyn from 1997 and would like to turn myself in.
Michael Arbeit
Michael Arbeit
answered on Feb 28, 2022

What is the warrant for? Do not do so until you speak with an attorney about the situation.

1 Answer | Asked in Criminal Law for New York on
Q: I was charged with criminal contempt 1st but was taking a reduced plea of criminal contempt 2nd with 3 years probation

But I failed to appear twice to sentencing

Michael Arbeit
Michael Arbeit
answered on Feb 22, 2022

What courthouse is this matter pending at? Did the judge issue a warrant for non-appearance? You now could be facing up to a year in jail. Contact your attorney ASAP.

2 Answers | Asked in Criminal Law and Family Law for New York on
Q: My son was arrested for class a misdemeanor, what will happen to him? We reside in suffolk county, ny.

My son is 32 he was arrested yesterday because his ex filed a report and pressed charges due to him touching her twice And kissing her once without consent at a play center for kids during his visitation time with their son. She is 26. I believe there is surveillance at the play center they were... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Feb 16, 2022

It depends on his history and what he is charged with. I have represented several clients on first offense forceable touching cases and got probation, no jail time. He needs to get an experienced attorney.

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1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Will I be convicted if I don’t have a record and was realeased on ror ?

Facing Class A Misdemeanor , thing got heated and I bruised my girl friends arm and face . I don’t have any priors a d have never been in trouble and she didn’t press charges but I still turned myself In and was realeased on ror with a next court date and a order of protection . What should I... Read more »

Michael Arbeit
Michael Arbeit
answered on Feb 3, 2022

You need to consult with an experienced criminal defense attorney immediately for proper representation. You want this matter to be handled correctly. Did you girlfriend sign the supporting deposition? Were there any witnesses to the altercation? Did you give a statement to the police? A lot... Read more »

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