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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: can someone be charged with 130.20 (2) if he is under 21 years old?

The person arrested is 20 years old, the crime happened when he is 20

Michael Arbeit
Michael Arbeit
answered on Jan 25, 2022

Is the person arrested 17 years of age or older and is the c/w under the age of 17?

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for New York on
Q: Is it legal to accept money from a sale of a home if a notary falsified witnessing a signature on a deed?
Roy Warner
Roy Warner
answered on Jan 25, 2022

Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... View More

1 Answer | Asked in Criminal Law for New York on
Q: I have a warrant for not appearing for a charge of grand larceny in the 4th degree of a credit card. What are my options

I am a single father of two and currently unemployed. There is a bunch of extenuating circumstances in this and the facts are wrong

Michael Arbeit
Michael Arbeit
answered on Jan 23, 2022

Your options are to either voluntary surrender on the warrant or risk getting picked up on the warrant by the fugitive/warrant squad. I suggest you see about getting some $$ together to retain an attorney for proper representation.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I have multiple tickets from “accused “ car chase but was not caught and only proof was an officer claiming she “saw” me

It was dark night and was never caught and home in bed when they brought me to station to “pick up my wallet “ my girlfriend had reported the car stolen and I was home in bed. They questioned us both and neither admitted or confessed. They let us go and didn’t even arraign me or anything. All... View More

Zev Goldstein
Zev Goldstein
answered on Jan 19, 2022

This question was posted to "traffic tickets". Try reposting it to "criminal defense".

1 Answer | Asked in Criminal Law for New York on
Q: If convicted of a misdemeanor in NYS in 2016, when would the conviction no longer appear in criminal background check?

Convicted of misdemeanor (NYS PL 260.10.01). Certificate of Disposition May, 2016. Have not been in trouble since.

Michael Arbeit
Michael Arbeit
answered on Jan 14, 2022

Unfortunately, this misdemeanor conviction will appear on any background check. You may be eligible to have this conviction sealed pursuant to CPL Section 160.59 10 years after the sentence date (provided you qualify).

1 Answer | Asked in Criminal Law for New York on
Q: my public defender ignored my request for speedy trial twice. Is this grounds for motion to dismiss?
Stuart Austin
Stuart Austin
answered on Jan 6, 2022

No. There are certain decisions that an attorney can make for his client. One of them relates to consenting to time to prepare for trial. This is not grounds for a motion to dismiss. It may be a reason to seek alternative counsel however. You should be able to make your request to the judge.

1 Answer | Asked in Traffic Tickets and Criminal Law for New York on
Q: I was stopped in September 2020 for an expired inspection sticker I was arrested afterwards for suspended license

Government cumo said there was a government order that police could not stop or ticket for expired inspection stickers until November 3rd 2020 was this an illegal stop

Howard E. Knispel
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Howard E. Knispel
answered on Dec 15, 2021

If your inspection sticker expired after March 31, 2020, you had until 12/1/2020 to get your inspection. But you needed to go to court to fight it. You could try to reopen the case. Contact a local attorney.

2 Answers | Asked in Criminal Law for New York on
Q: Hello my 18 year old son and his friends were walking around kings park abandoned buildings and got a ticket trespassing

What is the fine

Stuart Austin
Stuart Austin
answered on Nov 16, 2021

The fine is not as important as the fact that the charge is either a misdemeanor (a crime) or a violation. Both of which can affect things like financial aid, immigration status or even a job application or interview. The level of crime or violation will depend on whether the trespass occurred in... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 8, 2021

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... View More

1 Answer | Asked in Estate Planning, Criminal Law and Identity Theft for New York on
Q: I have an irrevocable trust for my grandchildren. Their father stole 300,000$ from my savings and 73,000 from Met Life.

He left me w35$. Can I change the irrevocable trust and sell my home? Since I can prove fraud, identity theft, elder abuse. I owe109,000 on my mortgage can I get a home equity loan on a 6 family ? I need money for legal fees and dental work.

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2021

The terms of the trust will govern a lot of it. If the trust has provisions for your lifetime care, you can ultimately petition the court.

1 Answer | Asked in Criminal Law for New York on
Q: I’ve been on probation for over a year and I have not reported to probation in over a year

In the process I have another charge which was possession of marijuana I would like to turn myself in but I don’t know what the ramifications will be while I have been working and keep myself busy and out of trouble any suggestions I would like to put this behind me so that I can move on and be... View More

Kimberly A. Van Wormer
Kimberly A. Van Wormer
answered on Oct 12, 2021

If you are on probation, have not been to probation in over a year, and have a new charge, it is highly recommended that you hire an attorney.

1 Answer | Asked in Criminal Law, Federal Crimes, Military Law and Municipal Law for New York on
Q: I am active duty station at Fort Drum. Do I have to report to jusry duty in Mississippi?

I am active duty Army station at Fort Drum, New York. My residence is back in Carriere, MS on the Hancock County side. Is there any exemptment for soldiers stationed away from home? If so, what will I need to do to let the court know?

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

There are military law attorneys on this forum who have experience with such matters, and they could answer best. But your post remains open for a day, and it is probably best to take some form of action without further delay. You could show the notice to your commanding officer and request their... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: What can I do if my neighbor keeps threatening us by killing or shooting us? He harasses us all the time.

We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.

Kimberly A. Van Wormer
Kimberly A. Van Wormer
answered on Oct 4, 2021

You can call the police and make a complaint.

1 Answer | Asked in Criminal Law for New York on
Q: how do attys find info on people when the common sites for people finders fail?
Tim Akpinar
Tim Akpinar
answered on Sep 24, 2021

They sometimes hire investigators. Some of the full-service process service companies also handle these types of functions. They can use court records, social media, vehicle registration records, property ownership records and other resources. Good luck

Tim Akpinar

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.... View More

Brian Berkowitz
PREMIUM
Brian Berkowitz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View More

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