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New York Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for New York on
Q: Can a person commit a hate crime on Craigslist

A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that

Stuart Austin
Stuart Austin
answered on Aug 28, 2020

Yes. A person may commit Aggravated Harassment over the internet. It may, however, be difficult to ascertain who actually wrote the message.

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2 Answers | Asked in Criminal Law for New York on
Q: I have a criminal summons for harassment in the second, no physical violence and I don't have a record. I have a witness

Should I acquire a lawyer or defend myself. The young lady who is claiming the harassment was harassing me. It all started when my fiance tapped her bumper, she began to rant and rave I was a passenger in the backseat. She targeted me refused to allow me out of the car and began screaming I want... View More

Stuart Austin
Stuart Austin
answered on Aug 17, 2020

For the charge of harassment in NYS there does not necessarily have to be physical contact. You may wish to see if there are cameras around which caught the incident. A private investigator can do this on your behalf. I would be happy to go over your paperwork and advise you regarding your case.... View More

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2 Answers | Asked in Criminal Law for New York on
Q: When a motion is filed where and whom shall it be sent too? The court? Or DA i dont kno where to send it after filing.

Its a 180.80 motion

Michael D. Litman
Michael D. Litman
answered on Aug 13, 2020

Motions on a criminal case would be filed with both the court and the DA. However, for 180.80, it is usually an oral motion, made by the attorney, if there isn't a felony hearing or grand jury indictment on an incarcerated defendant within a certain amount of time. I have personally never seen... View More

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1 Answer | Asked in Criminal Law for New York on
Q: I have bench warrant for misdemeanor bail jumping for vandalism plus misdemeanor vop . how much jail time I might get?

Charges : bail jumping for misdemeanor damage property plus 2 misdemeanor trespassing charges and I violated my probation for misdemeanor littering outside.

I paid my bail in full.

I was charged back in Oct 2018.

If I surrender how much jail time I am looking to?

Stuart Austin
Stuart Austin
answered on Aug 10, 2020

In NYS an A misdemeanor is punishable by up to one year in jail. No matter how many you have the maximum sentence would increase to 2 years. With that being said, it has been my experience that a bail jumping charge is difficult to prove and usually results in a plea bargain. Because your cases... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New York on
Q: Can a children ( minor ) who came in 2013 with their parent to u.s and did not present to court faced the same charges

Can they now fix the immigration statues? Now that they are 18 ?

Kevin L Dixler
Kevin L Dixler
answered on Aug 9, 2020

More information is needed. The facts are unclear, but you suggest that there is a final order of removal/deportation. This significantly complicates matters.

There are risks. Did you just turn18 years old? What, if any, form of relief is available? A series of other facts still remain...
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1 Answer | Asked in Criminal Law for New York on
Q: I have a misdemeanor bench warrant for bail jumping If I surrender how much jail time

I paid the bail in full.

Charges : damage property and 2 trespassing

The charges were filed on Oct 2018

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2020

It depends especially how long you skipped out. If you have a lawyer and surrender its possible the fail would be restored for yhe first no show if it was more than the court could hold you until case is completed. On a misdemeanor the maximum sentence is one year which is actually 8 months when... View More

3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Aug 1, 2020

No, New York is a one party consent state. So as long as one party knows it is fine.

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1 Answer | Asked in Criminal Law, Family Law and Identity Theft for New York on
Q: How can I go about filing for my son not to be around his deceased father's family? They are harassing and making lies.

I have numerous screen shots of the family speaking poorly about me and I am worried because they can make me a target knowing I have my son. They are even making FAKE pages of me on Facebook. Please give me answers and how to take action asap. Thank you in advance

Michael David Siegel
Michael David Siegel
answered on Jul 28, 2020

You can go to Criminal Court and get a restraining order.

3 Answers | Asked in Criminal Law, Bankruptcy and Contracts for New York on
Q: Wedding Studio under new management and are neglecting the clients

I have tried calling them and they would decline my call and respond with I'm sorry I cant talk right now. Me and my husband have already made the full payment and we would like to know what are some precautions we need to take from here because it seems that the Wedding Studio is also... View More

David Luther Woodward
David Luther Woodward
answered on Jul 27, 2020

I am confused.

If you are already married why do you need a wedding studio? If you aren't married yet, then perhaps you do.

You might consult a lawyer in your community. If they have engaged in fraud it may be a crime, but you can't prosecute it. You may wish to sue...
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1 Answer | Asked in Child Support and Criminal Law for New York on
Q: If a parent doesnt pay childsupport for several years, and has the money but lies, can that be charged w child neglect?

he moved to another state in order to not pay it and constantly lies.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 20, 2020

No. But he could be incarcerated for contempt of court or perjury.

1 Answer | Asked in Criminal Law for New York on
Q: I need advice please

I've been accused of 7 charges, false written statement, 3 counts criminal mischief ,1 with intent to damage property, arson, desecration of a cemetery, criminal mischief: hate crime i need advice I have both of the statements mine and the other person involved, i did not commit any of these... View More

Michael Arbeit
Michael Arbeit
answered on Jul 18, 2020

You need to immediately consult with an experienced criminal defense attorney for proper representation. What county are the charges pending in? Call me to discuss further (516) 766-1878.

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on
Q: I signed birth certificate documents thinking I was the father when the mother of the child knew I wasn’t the real fathe

She knew months before the child was born I wasn’t his father but the day he was born had me sign the documents and I believed to be the father i was with her for 11 years and help please

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 15, 2020

You don't say how long ago you signed the papers so it is difficult to give you an answer as that is a critical piece of information. However, based upon what you have said, you may be able to set aside the acknowledgment of paternity based upon fraud.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... View More

Derek John Soltis
Derek John Soltis
answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
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1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: If I, on my own took a lethal dose of pills and then asked somebody to sit with me until it was over,

...would that person be in any legal trouble in NY or NJ?

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2020

Please don't do this. As attorneys, we are not qualified to counsel or advise in situations like this. But it is difficult to sit idle and say nothing when someone speaks of doing this. Please look into resources that are out there. There are hotlines, helplines, and other forms of counseling.... View More

1 Answer | Asked in Criminal Law for New York on
Q: Are there defenses for the NYC emergency curfew if arrested?

I ask because let’s say you’re arrested for not being home at 8 when you’re supposed to because you were coming home but do to traffic for example, it’s past 8? Is it a defense or it’s strict liability? What about someone dragging you outside your home to beat you up in a park?

Stephen John Riebling
Stephen John Riebling
answered on Jun 15, 2020

Yes there are defenses available to individuals arrested under the curfew. As with any case, the defense would depend on the specific circumstances of your case and arrest. The New York DAs have already indicated an unwillingness to prosecute certain types of cases. However, you should consult with... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Was my fith amendment right violated? If i was tried and convicted of a felonies not included in the indictment?

So i was indicted with two felony counts to misdemeanor counts but was tried and convicted of three counts of each?

Stephen John Riebling
Stephen John Riebling
answered on Jun 15, 2020

Unfortunately, it is difficult to answer your complex questions without more information about your case, the trial and the indictment. If your rights were in fact violated, that could be an issue for appeal. Again, a more thorough review of your case would be necessary.

2 Answers | Asked in Child Custody, Criminal Law and Family Law for New York on
Q: Can I Sue My Childs Mother If I Was Arrested And Injured For Her Frivolous Statement?

Case was dismissed But it left me in a lot of misery until this day

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 15, 2020

The answer unfortunately is no

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1 Answer | Asked in Criminal Law and Identity Theft for New York on
Q: Can my mothers land be taken legally because of my brother's mistake?

My brother stole money from his employer to build a house on my mother's land. If this is taken to court, can the court take the house and land away from my mother?

Michael David Siegel
Michael David Siegel
answered on Jun 11, 2020

Yes, it is possible. The benefit of the theft cannot inure to your mother.

3 Answers | Asked in Criminal Law for New York on
Q: I was charged with riot 2nd and assault 2nd. I was arrested with no Miranda rights read to me

I was affected by tear gas and rubber bullets and forced to stay in the precinct after they told me they messed up on my paper work. didn’t see a judge For about 12 hrs

Michael Arbeit
Michael Arbeit
answered on Jun 4, 2020

You need to consult with an experienced criminal defense attorney for proper representation immediately. The charges against you are very serious.

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2 Answers | Asked in Consumer Law, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: What type of attorney specializes/handles mortgage loan modification fraud?

Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.

Derek John Soltis
Derek John Soltis
answered on May 27, 2020

Have you appealed the decision? When did you apply? What is your current interest rate?

There are a lot of factors that go into a loan modification. Just because you didn't qualify 6 months ago, doesn't mean you won't qualify now.

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