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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Detective made a arrest without any investigation, then can I bring lawsuit against him ?

In a domestic violence case, Detective arrested me without any investigation. I wasn't even at the place of incident that the complainant claim on his police report. In other word, the police report was completely FALSE, done by my nephew for personal revenge. Indeed, somehow my nephew have... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 24, 2019

As long as the detective was acting as part of his duties, it is unlikely that you can sue him. He had a sworn complaint and acted on it.

1 Answer | Asked in Criminal Law for New York on
Q: Good afternoon, I am in need of assistance to have a case reviewed for discrepancies.

I am located in Michigan and my fiancee is located in Cayuga correctional facility NY. I am looking to have his case reviewed and possibly re-opened. I do not know where to start.

Stephen Shaiken
Stephen Shaiken answered on Nov 24, 2019

Most likely, what you are referring to would be a post-conviction motion under section 440 of the New York Criminal Procedure Law. These are not easy to win, and the grounds are fairly narrow. There are also issues as to whether this is something that was or could have been raised on appeal. An... Read more »

2 Answers | Asked in Criminal Law and Immigration Law for New York on
Q: Shoplifting in New York City 6 years ago, affect her US citizenship application?

My cousin, lives in Brooklyn, was arrested on March, 2013 for shoplifting once in New York City in her 30s.. She paid $500 penalty to the store, convicted in the court and did a few days community service. The case was dismissed and sealed after 6 months probation. She has no other criminal record.... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 22, 2019

This will have a negative impact on her chance to stay in the U.S. Marriage to a U.S. Citizen is insufficient to protect her. She might be subject to removal proceedings. You need to have an in person consultation with an experienced immigration attorney immediately!

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1 Answer | Asked in Real Estate Law, Contracts, Criminal Law and Landlord - Tenant for New York on
Q: Does a lease have to include all terms and conditions?

I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... Read more »

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: I used corporal punishment to discipline my son. The school called CPS, and the sheriff was involved. What do I do next?

My wife and son filed a statement with the sheriff following a home visit. My son has minor bruises but no severe injuries, yet was taken to urgent care for photos to be taken. I admitted to the sheriff over the phone while talking to CPS. No charges have been filed yet. I am currently out of town,... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 22, 2019

You need a criminal attorney and a Family Law attorney

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1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for New York on
Q: CAN I SUE POLICE FOR FALSAFYING WARRANTS.

IN 88 I WAS CAUGHT SLEEPING WITH A COPS WIFE. 30 DAYS LATER I WAS RAIDED. 5 DAYS LATER MY WIFE IS SLEEPING WITH THE COP WHICH I SLEPT WITH HIS WIFE. WARRANT WAS SIGNED BY THE COPS DAD. HE WAS A DETCTIVE. I SAT IN JAIL FOR 45 DAYS. CHARGES DROPPED FROM FELONY TO MISD. 8 MONTHS LATER I WAS ARRESTED... Read more »

Gary Kollin
Gary Kollin answered on Nov 9, 2019

First, typing in all capital letter is considered rude. If you believe you are justified, then you should consider the feelings and position of the recipients.

There is no legal avenue to get back in court after so many years

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Im in a situation where I resigned from my job on Oct 15 , and on 11/4 reached to me saying they got me for 5k theft.

Apparently they have video footage of me taking the money out the straps and putting it into my pocket and now have nearly 5k on my tab ( I worked for an armored truck company) idk how true this is, but it took 2 weeks for them to notify me of anything, and are now just adding any shortage to my... Read more »

Michael D. Litman
Michael D. Litman answered on Nov 5, 2019

If they want you to come in, they are probably going to have detectives there to arrest you, which is likely mandatory for their insurance company to cover any losses. They might be able to prove that you took something from the video, but it is hard to say if they are going to be able to prove... Read more »

2 Answers | Asked in Criminal Law and Internet Law for New York on
Q: I hired a lawyer but the district attorney wont respond

What should I do

William Jaksa
William Jaksa answered on Nov 3, 2019

Speaking as a defense attorney, this is frustrating for us. We leave voice messages and send emails hoping to engage with the DA to keep out client's matters moving, but sometimes they don't want to engage. Either they are too busy or avoiding us until they get a handle on the case. Hopefully, your... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: A friend asked my bf to get rid of pills for him. The same kind of pills came up missing from my aunts the same week.

Our friend that he asked if he wanted the pills sent the conversation to my mom. She is now threatening to send him to prison and have my son taken away. What can I do? And can he go to prison based off of a Facebook message?

Gary Kollin
Gary Kollin answered on Oct 29, 2019

I suggest he retain a lawyer for a consultation. Do not be pennywise and dollar foolish.

How much is one day not in jail worth?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: 4th Amendment violation.

My son is on probation. He was scheduled to appear for violating his probation. I let him borrow my vehicle to get there. He showed up at the correct place, date, and time. While there he was arrested and bail set for violating probation. The probation officer was not there and instructed the... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2019

You can talk to the supervisors in both departments.

You can file suit through an attorney if you can find an attorney which I doubt you will find because of the lack of damages

1 Answer | Asked in Criminal Law for New York on
Q: What charge is penal code 165.00

What type of charge is penal code 165.00

Michael Arbeit
Michael Arbeit answered on Oct 23, 2019

165.00 Misapplication of property.

1. A person is guilty of misapplication of property when, knowingly

possessing personal property of another pursuant to an agreement that

the same will be returned to the owner at a future time,

(a) he loans, leases,...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for New York on
Q: About 5 years ago I violated an order protection I got arrested and so on can I become a police officer if I violated it

Can I be disqualified if I violated and order of protection?

William Jaksa
William Jaksa answered on Oct 23, 2019

Please understand that I don't know the hiring standards of the police service you would like to apply to, but generally speaking a conviction and record for disobeying court orders would likely not make you the most ideal candidate. Be prepared to provide an explanation that makes sense if you do... Read more »

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: How do you search someones case history in nyc?

For example you can use this website in Maryland http://casesearch.courts.state.md.us/casesearch/processDisclaimer.jis

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 13, 2019

Some cases are confidential such as all Family Court cases and all Divorce cases. Beyond that you would go to e-courts and click on the court that the case is in and then enter the name you are looking for. You will get limited information on line.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Why would a court appearance be changed to a sooner date?
Gary Kollin
Gary Kollin answered on Oct 8, 2019

There are a zillion reasons

1 Answer | Asked in Criminal Law for New York on
Q: What's the sentencefor a class D felony charge

Grand larceny in the 3rd

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

The possible sentence will range depending on a variety of factors, including whether you have a prior conviction, what that conviction is for, etc. Speak with an attorney about your specific case facts to get a better understanding of where you stand.

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: Hi I was a. Used of shoplifting and was given a ticket to appear. This not my first time but the first time.

The first time I was plead down to disorderly conduct if I stayed out of trouble for a year. Will i serve jail time this time ?

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

Though jail is not likely, the DA's office will likely take the case more seriously than the previous one since it is not your first arrest. Nonetheless, a non-criminal disposition is still possible. Speak with your attorney and make sure he/she knows about your previous case.

1 Answer | Asked in Criminal Law for New York on
Q: i got charged with 3rd degree theft nd resisting its my first time should i be worried

i took the package and ran into a golf course and hod then gave myself up

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

If this is your first arrest, your attorney should be looking for a non-criminal disposition. However, more details about your case are necessary to have a better understanding of what exactly you're facing. Contact an attorney in the area to discuss the case facts.

1 Answer | Asked in Criminal Law for New York on
Q: Hello..I reside in the state of Florida and I'm trying to find a affordable, good lawyer to represent my son.

My son is incarcerated in the state of New York.it is a criminal case.

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

Where in New York is your son's case? You should contact an attorney and provide your son's information - they should be able to look up his case and can guide you from there.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Q: I have been charged and arraigned in a federal court with a conspiracy charge.

I am currently on PTR and my lawyer is recommending a safety valve meeting. I only have a misdemeanor poss. In the 7th on my record and wpuld like to know since I only have less then 60 days in jail on that charge, will I have the option to do 0-6 months in jail since I only have 1 Point?

Gary Kollin
Gary Kollin answered on Oct 1, 2019

You have an attorney. Consult with your attorney

3 Answers | Asked in Banking, Criminal Law and Estate Planning for New York on
Q: Can a joint account holder deposit a check into their account if the check is made out to someone who passed away?

Mother received a large check from retirement account and she passed away before cashing it. Her boyfriend deposited the check into their joint account several days after her passing and then closed the account once the check cleared. He now has the money and is refusing to give it to the children.... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 28, 2019

If he endorsed a check made payable to your deceased mother he committed fraud. You can call the police and/or DA to report it.

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