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New York Criminal Law Questions & Answers
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 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... Read 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
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... Read 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...
Read more »

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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
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... Read 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... Read 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...
Read more »

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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.... Read 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... Read 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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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... Read more »

Michael J Stachowski
Michael J Stachowski 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... Read 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... Read 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.

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