Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: Where can I find information on the criminal case the people vs. Crampie?
Peter Wade Kolp
Peter Wade Kolp
answered on Oct 29, 2020

https://iapps.courts.state.ny.us/webcrim_attorney/AttorneyWelcome

Look for the case in the public court system

1 Answer | Asked in Criminal Law for New York on
Q: Reporting crime of a complaintant?

L

Peter Wade Kolp
Peter Wade Kolp
answered on Oct 29, 2020

Call 911 and report the crime.

2 Answers | Asked in Criminal Law for New York on
Q: Charged with grand larceny for taking a wallet left in a store want me to plead to felony 5 years po and pay 190 restit

My question how can they prove that there was 190 dollars in wallet and how is that grand larceny?

Elena Fast
Elena Fast
answered on Oct 28, 2020

Grand Larceny under NY law is items valued at $1,000 or more, or when the property taken consists of a debit card or a credit card. Chances are, if it’s a wallet, there was at least one debit card or a credit card in there. Your discovery would show that information.

As far as where the...
View More

View More Answers

2 Answers | Asked in Criminal Law and Civil Rights for New York on
Q: Hi my Name is Jackie and i am looking for a Pro Bono lawyer please.
Tim Akpinar
Tim Akpinar
answered on Oct 27, 2020

You could look into the resources of the Legal Aid Society and search for pro bono legal services online. You could check the websites of the New York State Bar Association and New York City Bar Association for their resources on pro bono and low cost legal help. Those sections are usually found... View More

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: Is it legal for a state police investigator to take a case from a family member that works for a business

A friend was arrested for grand larceny .he admitted to the crime after he was sentence he realized the arresting officer was the nephew of the complaintant wondering if this is legal I'm thinking it should be a conflict of interest

Elena Fast
Elena Fast
answered on Oct 21, 2020

I don't think it's illegal per se to be the arresting officer on a family member's case. However, if the investigation was somehow skewed or done improperly, that is problematic. Since your friend took the plea, I assume he reviewed the discovery and went over the case with his... View More

1 Answer | Asked in Criminal Law for New York on
Q: How do I go about filing for expunge my record for a felony in the Southern District Court of New York in 1993
Elena Fast
Elena Fast
answered on Oct 16, 2020

There is no blanket federal expungement statute. However, there is limited expungement relief available under 18 U.S. Code § 3607 - for some drug convictions under 21 USC 844 - simple possession. If you qualify, you would have to file a petition to SDNY seeking relief. You should call your... View More

1 Answer | Asked in Criminal Law for New York on
Q: B Felony 130.75 complaint time frame & incident counts innacurate: what would be best defense and how/when to do so?

No record; first offense.

Elena Fast
Elena Fast
answered on Oct 16, 2020

Because of the nature of the charge, it is permissible to charge an approximate range of the conduct. Especially, if the the allegations go years back. No one remembers the exact dates of anything, unless they have a kept some sort of record- like a diary.

This charge has a range on the...
View More

1 Answer | Asked in Criminal Law for New York on
Q: Why would a court date that was set for a later date, be set earlier than said date? Is it a good thing?
Samuel C. Breslin
Samuel C. Breslin
answered on Oct 15, 2020

It's neither good nor bad. With COVID, courts are constantly changing their schedules, and that is the most likely reason for the change.

1 Answer | Asked in Criminal Law for New York on
Q: If someone I know is in Manhattan detention complex and their court date is tomorrow but bail is remanded what happens?
Victor M. Feraru
Victor M. Feraru
answered on Oct 13, 2020

It depends on the charge, the bail amount, and if there are any detainers. It's hard to answer that question. Their attorney, or court appointment counsel would argue for bail if the State is trying to remand.

3 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Wrongful Death for New York on
Q: Do I lose US citizenship after death?

Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... View More

Victor M. Feraru
Victor M. Feraru
answered on Oct 13, 2020

You’re going to want to hire an attorney now to negotiate several things. People make mistakes. Feel free to reach out to me (or any other Justia attorney who handles these matters to help you with your situation. My contact information is in my profile. Don’t just “face the music,”... View More

View More Answers

2 Answers | Asked in Criminal Law for New York on
Q: What's the legal advice for protection against harm?

A foreign citizen has a student visa and studying here in USA is threatening me. We are from the same country and I practiced the freedom of speech here in US and I wrote my opinion on Facebook about certain topics. I did not mention any names or pointed out to anyone in my Facebook posts. He... View More

Victor M. Feraru
Victor M. Feraru
answered on Oct 8, 2020

That's basically blackmail and extortion. Keep records, and call an attorney to respond if that will give you peace of mind.

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: I need help with this situation immediately

my brother used my information when he was pulled over during a traffic stop and entered a guilty plea for the tickets he received he's now incarcerated and I'm just now finding out about this situation and I just received a ticket in the amount of $776 saying I have to pay it by 10/27 I... View More

Victor M. Feraru
Victor M. Feraru
answered on Oct 5, 2020

My office routinely handles these types of matters. As do a great many here. Feel free to reach out to my office, or any others that you see on this website. This can be fixed.

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: I want to have a non violent felony conviction record sealed arrested 1989 5 years probation one year drug rehab
Michael Arbeit
Michael Arbeit
answered on Sep 30, 2020

Yes, you may be eligible for sealing pursuant to NYS CPL Section 160.59. Call me at (516) 766-1878 to discuss further. -Mike.

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: I was convicted in 1989 for a non-violent felony, did 5 yrs probation, 1 yr of drug rehab. I want my record sealed

I do not have a copy of my arrest record or the number I was assigned, probation office said everything is in archives and nothing will come up with my name on it. I was arrested under my married name

Stuart Austin
Stuart Austin
answered on Sep 30, 2020

Depending on the crime and if you have been clean for 10 years you may be eligible to have your case sealed. Your case should be on microfiche at the courthouse and you will have to order it. You need to bring id with your married name. Once you receive the papers... call us and we will review... View More

View More Answers

3 Answers | Asked in Criminal Law for New York on
Q: Can I got to jail for my 1st gun possession in New York.
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2020

Yes. PL 265>3 is a C Violent felony for possessing a loaded gun outside of the home or office. That is very serious a month does not go by when I don't have 2-5 new gun cases retain my services. There are many things a skilled defense attorney can do to get a better plea or perhaps... View More

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: Can I be arrested during covid for showing my girlfriend public displays of affection

I need to know cause if I can I need to know in advance so if I do get arrested for kissing my girlfriend in public during covid I will be prepared to challenge this law and then file for dismissal for defect in the criminal statute

Victor M. Feraru
Victor M. Feraru
answered on Sep 12, 2020

I think there was an Onion article that people took to be a regular article. I know of no COVID-19 related law that would keep you from consensually kissing your girlfriend in public.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: My father filed a false order of protection against me just so he could kick me out of the House could I sue him?

He has been threatening me for years in kicking me out for no reason and threatening to call the cops on me.He called the police on me and lied to them telling them I steal his stuff, and that I get violent.When in fact he is the aggressor. He goes around to neighbors and spreads lies about me.I... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 8, 2020

If you are under age you can file for support, if you are an adult your only recourse is a quick trial.

1 Answer | Asked in Criminal Law for New York on
Q: Is there anythig I can do to get my ex guy friend to stop contacting me.

I had him blocked on everything and he still can leave voicemails. He hasn't threatened me. I talked to the police and they did a report and said they couldn't do anything else since he hasn't harassed me.

Victor M. Feraru
Victor M. Feraru
answered on Sep 7, 2020

Have an attorney send a cease and desist letter. If he doesn't abide by that then file for a temporary order of protection. There may also be an element of stalking/harassment here. Document everything.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Is this justifiable reasoning for pulling over in onondaga county? I don't see how this actually obstructs my view.

Here is the statement off my ticket from the office of course doesn't state he was following me just looking for a reason to pull me over.

On the above date and time which is 06/09/2019 The driver/defendant was observed travelling east on kirkville road near kinne street with a tree... View More

Tim Akpinar
Tim Akpinar
answered on Sep 7, 2020

Air fresheners have resulted in obstructed view stops. You could reach out to attorneys on this site or ones you find on your own to discuss in greater detail. Good luck

Tim Akpinar

3 Answers | Asked in Criminal Law, Immigration Law and Traffic Tickets for New York on
Q: Can a traffic related misdemeanor effect my US citizenship application process? I have green card & take final test soon

I’m a green card holder and have my final citizenship interview this month. The misdemeanor was from driving with an expired drivers license and getting rear ended (I’m not at fault for accident), but the officer said if I can renew my license before my court date, it should be able to be... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 7, 2020

There's no way of telling whether or not the misdemeanor will effect your immigration status without more details. Also, as far as renewing your license, it's rather straightforward now (make an appointment, or do it online). Consult with a law office who will try to get the ticket... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.