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New York Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New York on
Q: if my civil rights were violated by probation and the courts when I was not the one on probation

My roommate was on probation. During a home check, a probation officer pushed his way into my private bedroom and later that the police came with a warrant for the first floor with the wrong name and proceeded to search the other 2 floors. I have the discovery packet and the probation lied several... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the difficult situation you're facing. Dealing with potential civil rights violations and serious criminal charges can be incredibly stressful. I hope the following information helps clarify your options.

Disclaimer: This response is for general...
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2 Answers | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York on
Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More

Michael S Pollok
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answered on Nov 16, 2024

Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

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2 Answers | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York on
Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the difficulties you're experiencing with your driver's license and probation status. Navigating these issues can be frustrating, and I hope the following information clarifies your situation.

Disclaimer: This response is for general informational...
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3 Answers | Asked in Contracts, Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I'm looking for a walk in law office regarding representation.
Stephen Bilkis
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answered on Nov 30, 2024

I understand that you're in need of legal representation and are looking for a walk-in law office in New York. Finding an attorney who can meet with you promptly is important, and I'm happy to provide some guidance on how to locate one.

Many law firms in New York understand that...
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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: If I have a family court order that says my fiancé and I can be together does that supersede county court like criminal?
Stephen Bilkis
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answered on Nov 30, 2024

I understand the complexity of your situation, and it's important to clarify how court orders from different courts interact in New York. In general, Criminal Court orders take precedence over Family Court orders, especially when it comes to orders of protection or no-contact orders issued in... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: If I have a family court order that says my fiancé and I can be together does that supersede county court like criminal?
Stephen John Riebling
Stephen John Riebling
answered on Nov 4, 2024

If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Hello, my brother was attacked while in custody at Cayuga Correctional, he is now deformed -does he have a case?

wondering how to go about getting someone to represent my brother, can someone advise further? TY so much

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 29, 2024

Sorry to hear what happened to your brother. Whether he has a case will depend on whether his attack was foreseeable and therefore preventable. A sudden, spontaneous attack that could not have been foreseen, no less prevented, does not give rise to any legal liability on the part of the State.... View More

1 Answer | Asked in Education Law, Personal Injury and Criminal Law for New York on
Q: Is there a way I can sue NYS for neglect if they paid for my boarding school and I was abused there?

I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2024

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

1 Answer | Asked in Criminal Law for New York on
Q: Will my friend make parole on her 4th time? she's already been denied 3 times. Sentence is 2 1/2-7.

She went away in 2022 and her next board is may 2025. She completed shock, all her programs and has zero disciplinary tickets. She is just looking for an opinion on if this 4th parole hearing may go in her favor. She and I understand that the lawyers on here dont have the case in front of them so... View More

Michael S Pollok
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answered on Oct 2, 2024

Well something in your question doesn't make sense to me. You state that she competed the Shock Incarceration Program. If that is the case, she should have been released upon successful completion of the six month Shock program. It sounds like she did not complete Shock successfully and that... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Does the supporting deposition have to be served to me?

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Zev Goldstein
Zev Goldstein
answered on Sep 26, 2024

If you hired a lawyer, you should really address all questions to him/her.

Assuming you don't have a lawyer, there is a lot of case law on where the supporting deposition gets served by mail.

If you have a lawyer on file with the court, the supporting deposition has to be...
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2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Does Buck V Kuykendall establish right to travel as long as you aren’t using the highways for buisiness?

My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More

John Michael Frick
John Michael Frick
answered on Aug 22, 2024

Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.

It did not in any way hold that roads can only be regulated for those engaged in commerce.

It discussed that states could regulate...
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1 Answer | Asked in Criminal Law for New York on
Q: If I have a broken heel and can’t walk and someone approaches to physically assault can I pull a pistol and shoot them
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 10, 2024

In New York, the use of a firearm for self-defense is governed by specific laws. Here are some key points to consider:

1. **Self-Defense Laws**: New York law permits the use of reasonable force to protect oneself from imminent harm. However, the use of deadly force (such as shooting...
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1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I recently completed my federal supervision. Can I petition the judge to put me back on supervision?

I don't feel comfortable with this after 20 years of both prison and supervision.

James L. Arrasmith
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answered on Jul 21, 2024

You can petition the judge to request a change in your post-supervision status. Judges can consider requests based on personal circumstances, but it's important to present a compelling case. Detail your concerns and how continued supervision might help you adjust.

Consult with your...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is this legal is this double jeopardy

1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply...
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1 Answer | Asked in Criminal Law for New York on
Q: if i’m accused of petit larceny and the person accusing me goes to the police is a warrant issued?

i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 26, 2024

A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More

1 Answer | Asked in Criminal Law for New York on
Q: 2b felonies for "giving" a c.i.an opiate for free.led to a house search warrant .the search took 2 months to execute

They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 26, 2024

Your lawyer can try to suppress the evidence by having a suppression hearing.

To suppress evidence found during a search of a house, the defense attorney may argue the following points:

1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This...
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2 Answers | Asked in Criminal Law for New York on
Q: I got an email from google saying information related to my account has been subpoenaed by the FBI

I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 26, 2024

The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More

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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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