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New York Criminal Law Questions & Answers
1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
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1 Answer | Asked in Criminal Law for New York on
Q: Legal Advice for Criminal Possession of Firearm

I was stopped driving a friend’s car. She was drunk, we switched I drove. We were stopped with a loaded gun. I recently got it for protection. I live in Rochester, NY it’s dangerous. I work in healthcare for 5 years. I’ve been a medical liason and now I work with children. I don’t have any... View More

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2020

There are many issues in the question. Primarily the first question is the stop. Were you violating any laws. once past that, you have to look at the Debour factors. Was there any fact which escalated the intrusion of a traffic stop to allow for a search and seizure of the weapon . People v Garcia... View More

1 Answer | Asked in Criminal Law for New York on
Q: Is it possible for a judge to seal your record immediately at the time of the guilty plea? (NYC)

7 Years ago (age 20-22?) I was charged with Felony Grand Larceny. I have done several background checks and I’m unable to find the charge. The situation was very unique and borderline civil! The judge I could tell was unhappy with me being there (she said multiple times “I don’t like this at... View More

Michael Arbeit
Michael Arbeit
answered on May 11, 2020

If you plead guilty to a crime, I doubt it was sealed. When the courts finally re-open after this pandemic, go to the court clerks office and request a Certificate of Disposition. You can possibly have your matter sealed after 10 years after the conviction pursuant to CPL section 160.59

1 Answer | Asked in Criminal Law for New York on
Q: I pressed charges on my boyfriend a couple of days ago for forcible touching, i confused the situation, i was drunk

I told the attorney to drop the charges and they still going with it, what should i do? Should i contact the attorney again? I mixed the details up. I told them i was not going to testify

Michael Arbeit
Michael Arbeit
answered on May 6, 2020

Do NOT speak with anyone from law enforcement anymore if you do not want to move forward. Do not sign anything if emailed or mailed to you. Your boyfriend should consult with and hire an experienced criminal defense attorney ASAP.

1 Answer | Asked in Criminal Law for New York on
Q: What does it mean when the attorney does not show evidence to the defendant before trail
George E. Patsis
George E. Patsis
answered on May 2, 2020

The attorney representing the People (the district attorney) is required to disclose evidence or information that may prove the innocence (a/k/a exculpatory evidence) of a criminal defendant. This is known as Brady disclosure, this requirement comes from the 1963 U.S. Supreme Court case Brady v.... View More

1 Answer | Asked in Criminal Law for New York on
Q: What does the above docketed matter has been adjourned for dispositions mean.

I recieved a court appearance paper stating this at the top was wondering what it ment.

George E. Patsis
George E. Patsis
answered on May 2, 2020

An adjournment is the rescheduling of a court date, and a disposition is the resolution of the case. Taken together it appears that your appearance was rescheduled and the Court will be rendering a disposition.

1 Answer | Asked in Criminal Law for New York on
Q: Have an bench warrant from 6 years ago. Cant travel there in person. Can laywer speak on your behave?
Michael Arbeit
Michael Arbeit
answered on May 1, 2020

It really depends on what the warrant is for and what court it is located at. Need more information

3 Answers | Asked in Criminal Law for New York on
Q: Hi I wanted to know if I had a criminal case in 2004 that was acquitted is it possible to still find the court records?
Michael Arbeit
Michael Arbeit
answered on Apr 22, 2020

If you were acquitted after trial, only you would have access to those court records. You can go to the court clerk at the courthouse where the matter was held to request to review the courts file

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2 Answers | Asked in Criminal Law for New York on
Q: What is the best possible plea deal I can get if I was charged with Criminal contempt?

There was no physical contact to the victim just words being exchanged it was in NY Criminal contempt 2 . Would this effect my employment with the DOE?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2020

It all depends on the history and your record. In Erie county. for Misdemeanor contempt you can get an ACD Adjournment in contemplation of dismissal as a best case. that means no trouble for 6 months sometimes 1 year and its dismissed. A garden variety plea is to the violation Disorderly Conduct.... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get my loved one released from prison early due to him having high risk asthma During covid-19?
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2020

It depends on time left and jurisdiction. In the federal courts there is the first step and compassionate Release. In the state if it’s a misdemeanor many DA’s are not opposing release resentence motions. I think if an inmate has diabetes heart problems or asthma or other respiratory issues... View More

1 Answer | Asked in Criminal Law for New York on
Q: hello how can i accurately find a case
Tim Akpinar
Tim Akpinar
answered on Apr 7, 2020

There are a few different ways. You could use the search resources of the New York Court system, PACER, or some of the educational legal search tools on the Internet. You could also hire an attorney or independent paralegal to do the research for you if you don't find what you're seeking... View More

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery
answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

2 Answers | Asked in Federal Crimes and Criminal Law for New York on
Q: Ok so I have a question . My father back in November gave me permission to use his credit card for several things.

I even have this as proof in texts from him. Now months later after a fight he's trying to say I committed fraud. If I have the texts as proof that he willingly gave permission , then I'm in the clear , correct ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 12, 2020

First of all, this is not a Family Law question. it is a Criminal Law question. As for whether you are "in the clear", that depends. If you used his card with his permission, as he dictated, then you may have a defense. No one but your attorney, who would review the facts, can make a... View More

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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: If the name is not correct on a stay away order in the state of new york is it still valid
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 2, 2020

It is but I would contact the court that issued the order and have the name corrected ASAP.

1 Answer | Asked in Criminal Law for New York on
Q: How do you get a record of “no record” from an arrest that was dismissed? In New York City specifically.

Arrest happened 8 years ago and all supporting documents are missing. The case ended up getting an adjournment in contemplation of a dismissal and was dismissed and sealed. I need a court certified record that it either was dismissed or that no record exists.

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 2, 2020

Go to the criminal clerk in the courthouse where the case was located. Request a Certificate of Disposition. They should be able to find it with your name and date of birth; and, if not, they'll give you a "no records" certificate. Should cost you between $5 - $15.

1 Answer | Asked in Criminal Law for New York on
Q: I Need help to expunge a UNFOUNDED C.P.S. case
Michael Arbeit
Michael Arbeit
answered on Feb 25, 2020

If the matter was "unfounded", it should be sealed.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I recently got a summons and I lost it and I can't figure out when/where is my court date. I cant find it online either.

. I recently got a summons and I lost it and I can't figure out when/where is my court date because I can't find my summons number. I was wondering if you guys can please help me find when is my court date and at what time. The summons was for a suspended license and registration (I think)

Zev Goldstein
Zev Goldstein
answered on Feb 16, 2020

Where in NYS where you when you got the tickets?

1 Answer | Asked in Criminal Law and Immigration Law for New York on
Q: How to come back to USA?

Hello,

Many years ago I fled USA while on bail with felony charges. I still have a valid us passport. After many years quietly living on another side of globe I was told that my felony case was disposed and all my property was given to my relatives and I’m dead to anyone. Thats why my... View More

Kevin L Dixler
Kevin L Dixler
answered on Feb 16, 2020

The information above is vague, but you can no longer pretend if you want to return to the U.S. Hasn't your passport expired? Why was the felony case "disposed?" Did your family present a death certificate to your attorney, who presented it to the prosecutors? Did they present the... View More

1 Answer | Asked in Criminal Law for New York on
Q: I like to know what do this mean. OFFICE MISCELLANEOUS No Type Test, People Cert Comp Filed/ready Bail cont

This is for New York

Daniel A. Johnston
Daniel A. Johnston
answered on Feb 15, 2020

It means the people provided their certificate of compliance under the new discovery laws and are ready for trial. Your bail was continued from the prior date (remains the same).

2 Answers | Asked in Criminal Law, Estate Planning, Banking and Probate for New York on
Q: Is it illegal for my Dad's Girlfriend of 13 years to use his ATM card after he dies? What law makes this illegal in NY?

My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... View More

Elaine Shay
Elaine Shay
answered on Feb 13, 2020

Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.

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