Get free answers to your Criminal Law legal questions from lawyers in your area.
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?
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... View More
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
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
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
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
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
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.
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
I recieved a court appearance paper stating this at the top was wondering what it ment.
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.
answered on May 1, 2020
It really depends on what the warrant is for and what court it is located at. Need more information
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
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?
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
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
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
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.
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?
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 ?
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
answered on Mar 2, 2020
It is but I would contact the court that issued the order and have the name corrected ASAP.
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.
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.
. 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)
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
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
This is for New York
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).
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
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.
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.