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New York Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Internet Law for New York on
Q: I hired a lawyer but the district attorney wont respond

What should I do

William Jaksa
William Jaksa
answered on Nov 3, 2019

Speaking as a defense attorney, this is frustrating for us. We leave voice messages and send emails hoping to engage with the DA to keep out client's matters moving, but sometimes they don't want to engage. Either they are too busy or avoiding us until they get a handle on the case.... View More

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1 Answer | Asked in Criminal Law for New York on
Q: A friend asked my bf to get rid of pills for him. The same kind of pills came up missing from my aunts the same week.

Our friend that he asked if he wanted the pills sent the conversation to my mom. She is now threatening to send him to prison and have my son taken away. What can I do? And can he go to prison based off of a Facebook message?

Gary Kollin
Gary Kollin
answered on Oct 29, 2019

I suggest he retain a lawyer for a consultation. Do not be pennywise and dollar foolish.

How much is one day not in jail worth?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: 4th Amendment violation.

My son is on probation. He was scheduled to appear for violating his probation. I let him borrow my vehicle to get there. He showed up at the correct place, date, and time. While there he was arrested and bail set for violating probation. The probation officer was not there and instructed the... View More

Gary Kollin
Gary Kollin
answered on Oct 26, 2019

You can talk to the supervisors in both departments.

You can file suit through an attorney if you can find an attorney which I doubt you will find because of the lack of damages

1 Answer | Asked in Criminal Law for New York on
Q: What charge is penal code 165.00

What type of charge is penal code 165.00

Michael Arbeit
Michael Arbeit
answered on Oct 23, 2019

165.00 Misapplication of property.

1. A person is guilty of misapplication of property when, knowingly

possessing personal property of another pursuant to an agreement that

the same will be returned to the owner at a future time,

(a) he loans, leases,...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for New York on
Q: About 5 years ago I violated an order protection I got arrested and so on can I become a police officer if I violated it

Can I be disqualified if I violated and order of protection?

William Jaksa
William Jaksa
answered on Oct 23, 2019

Please understand that I don't know the hiring standards of the police service you would like to apply to, but generally speaking a conviction and record for disobeying court orders would likely not make you the most ideal candidate. Be prepared to provide an explanation that makes sense if... View More

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: How do you search someones case history in nyc?

For example you can use this website in Maryland http://casesearch.courts.state.md.us/casesearch/processDisclaimer.jis

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 13, 2019

Some cases are confidential such as all Family Court cases and all Divorce cases. Beyond that you would go to e-courts and click on the court that the case is in and then enter the name you are looking for. You will get limited information on line.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Why would a court appearance be changed to a sooner date?
Gary Kollin
Gary Kollin
answered on Oct 8, 2019

There are a zillion reasons

1 Answer | Asked in Criminal Law for New York on
Q: What's the sentencefor a class D felony charge

Grand larceny in the 3rd

Kristen Epifania
Kristen Epifania
answered on Oct 4, 2019

The possible sentence will range depending on a variety of factors, including whether you have a prior conviction, what that conviction is for, etc. Speak with an attorney about your specific case facts to get a better understanding of where you stand.

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: Hi I was a. Used of shoplifting and was given a ticket to appear. This not my first time but the first time.

The first time I was plead down to disorderly conduct if I stayed out of trouble for a year. Will i serve jail time this time ?

Kristen Epifania
Kristen Epifania
answered on Oct 4, 2019

Though jail is not likely, the DA's office will likely take the case more seriously than the previous one since it is not your first arrest. Nonetheless, a non-criminal disposition is still possible. Speak with your attorney and make sure he/she knows about your previous case.

1 Answer | Asked in Criminal Law for New York on
Q: i got charged with 3rd degree theft nd resisting its my first time should i be worried

i took the package and ran into a golf course and hod then gave myself up

Kristen Epifania
Kristen Epifania
answered on Oct 4, 2019

If this is your first arrest, your attorney should be looking for a non-criminal disposition. However, more details about your case are necessary to have a better understanding of what exactly you're facing. Contact an attorney in the area to discuss the case facts.

1 Answer | Asked in Criminal Law for New York on
Q: Hello..I reside in the state of Florida and I'm trying to find a affordable, good lawyer to represent my son.

My son is incarcerated in the state of New York.it is a criminal case.

Kristen Epifania
Kristen Epifania
answered on Oct 4, 2019

Where in New York is your son's case? You should contact an attorney and provide your son's information - they should be able to look up his case and can guide you from there.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Q: I have been charged and arraigned in a federal court with a conspiracy charge.

I am currently on PTR and my lawyer is recommending a safety valve meeting. I only have a misdemeanor poss. In the 7th on my record and wpuld like to know since I only have less then 60 days in jail on that charge, will I have the option to do 0-6 months in jail since I only have 1 Point?

Gary Kollin
Gary Kollin
answered on Oct 1, 2019

You have an attorney. Consult with your attorney

3 Answers | Asked in Banking, Criminal Law and Estate Planning for New York on
Q: Can a joint account holder deposit a check into their account if the check is made out to someone who passed away?

Mother received a large check from retirement account and she passed away before cashing it. Her boyfriend deposited the check into their joint account several days after her passing and then closed the account once the check cleared. He now has the money and is refusing to give it to the children.... View More

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2019

If he endorsed a check made payable to your deceased mother he committed fraud. You can call the police and/or DA to report it.

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3 Answers | Asked in Criminal Law for New York on
Q: I need a lawyer to represent my son in new York
Michael Arbeit
Michael Arbeit
answered on Sep 25, 2019

Where in NY are you looking for representation and for what? It's a big state.

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1 Answer | Asked in Criminal Law for New York on
Q: does title renew with cash when transferred from one person to another.

with normal goods the title remains with rightful owner regardless of who posseses it, such as when it is stolen. that is one can only transfer as much title as they were given upon obtaining it. this would make a thifs title void. but is this the same with cash or does title start fresh merely... View More

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Sep 23, 2019

Greetings. In New York, cash is not considered a good (unless it is a commodity, which in your given example it is not). Thus it may be transferred without civil implications in most factual situations (for example, an innocent casino receiving money that may or may not be stolen; an innocent car... View More

1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: My son was killed in 2009, the case was sealed, is there any way to get depositions unsealed. thank you C. Houseknecht
Arslan Abid
Arslan Abid
answered on Sep 18, 2019

Depositions can be taken out with the leave of the court with condition that the depositions will be brought before the court when ever needed by the court, if the case has not been disposed off. You must contact a local lawyer who will draft its application and will proceed.

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is it permissible for an owner to be present when there is a search warrant for his van.

The police searched my van once with my consent then I refused for the 2nd time because I didn't trust them. They told me they didn't search t&e van, they lied. They said they were going to get a search warrant yesterday. One officer told me that I can be present during the search.... View More

Arslan Abid
Arslan Abid
answered on Sep 18, 2019

Search is always commensed before two witnesses of vacinity and in the end a list of items is prepared for the record it is not essential that the owner must be present. Laws may differ in different countries. But basic principal is same. For more details you must contact local lawyer.

1 Answer | Asked in Criminal Law for New York on
Q: My son is 12 and being bully from a 14 year old that hit him what charges could i press on the kid and harassing him

He harassing him in school and scared him

Gary Kollin
Gary Kollin
answered on Sep 11, 2019

contact the police

1 Answer | Asked in Criminal Law for New York on
Q: What do you mean if he is in custody? He is due to come out in april of 2021 his maximum is November of 2021.

what is post release?

Gary Kollin
Gary Kollin
answered on Sep 7, 2019

He would have to apply under interstate compact through his probation or parole officer

1 Answer | Asked in Criminal Law for New York on
Q: My boyfriend was senstinced to four years in prison and 10 years post release. Can he leave the state ?
Gary Kollin
Gary Kollin
answered on Sep 7, 2019

If he is in custody, it is an impossibility

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