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New York Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for New York on
Q: if a 16 and 17 year old get into an altercation, and they press charges what would they be?

We have been arguing for weeks now and the 17 year old always is spreading rumors , nobody is doing anything to help so i asked her if she wants to fight , like to learn her lesson and she said she will press charges on me , will these charges be serious ?

Gary Kollin
Gary Kollin
answered on Sep 5, 2019

Why are making confessional statements on a public forum?

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1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Is this impersonating an officer?

So I got a mustang that is outfitted like a police car, but none of the lights are functional and there is no siren. It says police on the side however it has no markings for a state or county. It is a replica of the transformers 5 mustang police. It's basically a show car. I drove it and got... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Sep 5, 2019

You are not likely to be charged with impersonating an officer unless you were clearly acting like a jack ass and doing so, however, I can see cops taking offense to this and pulling you over/possibly arresting you.

You say it is a show car so make it that. With regards to the tints, that...
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1 Answer | Asked in Criminal Law and Public Benefits for New York on
Q: In ny cbd is legal as well as hemp itself. Could I grow a plant?

I use cbd for chronic pain, however the cost adds up and in order to save money I was wondering if it would be legal to grow a plant as long as it is less than .3% thc.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Sep 5, 2019

Legally? No, although I think this is an issue ripe for appeal now. Many states are having legal problems with distinguishing industrial hemp buds from marijuana buds and it’s a likely issue to get into our appellate system soon, which will create controlling caselaw on the issue... we will see... View More

1 Answer | Asked in Criminal Law for New York on
Q: I've been on post release for almost 3 years now with no trouble I want to get off early please help
Gary Kollin
Gary Kollin
answered on Sep 1, 2019

Contact a NY attorney in your locality and pay the retainer. The attorney will represent you

1 Answer | Asked in Libel & Slander and Criminal Law for New York on
Q: If your secret identity got exposed on national news but had nothing to backup that claim, how would you proceed?

Say a dying man recorded a video where he exposes your secret superhero identity but provided no evidence to prove it. Said video then is shown on national news (still with no evidence), can you sue? If yes, who would you sue and for what?

Also if they "exposed" a minor? Would it... View More

Gary Kollin
Gary Kollin
answered on Sep 1, 2019

I would consult the Justice League or Stan Lee with that question except that Stan Lee is dead. Maybe not, he may be living in Hawaii with Elvis

1 Answer | Asked in Criminal Law for New York on
Q: If u get arrested by the feds n u got drugs in the car but not on u and they take you but leave the drugs with the perso

person that was wit you and go back and get the drugs like a half hour later .. could that mess up the charges they are trying to put on you ?

Gary Kollin
Gary Kollin
answered on Aug 29, 2019

How about writing in single sentences without using abbreviations?

1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: i was assaulted by a famous photographer, and want to share my story online. i have no solid evidence. can i be sued?

i have no photo evidence and no police or medical report. the photographer claims nothing happened.

Michael Bersani
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answered on Aug 28, 2019

Yes, you can be sued. Defamation.

1 Answer | Asked in Criminal Law for New York on
Q: Can the police charge someone else for drug sales if the original person they charged beat the case?

My friend was charged with selling drugs but didn't make the sale. If he beats the case can the police then charge the person who did sell the drugs or can they charge the person on the lease of the apartment?

Gary Kollin
Gary Kollin
answered on Aug 23, 2019

Yes

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: If my probation officer said I can't visit an inmate a year ago is it possible she could change her mind?

Will I never be allowed to visit an inmate while on probation or could she change her mind

Gary Kollin
Gary Kollin
answered on Aug 14, 2019

There is no harm in asking or filing for a waiver

2 Answers | Asked in Criminal Law and Immigration Law for New York on
Q: Can green card interview succeed with open criminal case?

I was notified that my marriage-based green card interview has been scheduled next month. I have an open criminal case with an accepted repleader deal: “harassment” violation to be reduced to “disorderly conduct” in early 2020. There was originally an assault misdemeanor but this was... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2019

You have no chance of being approved for a Green Card under these facts. You really need to retain an experienced criminal and immigration attorney immediately or face deportation and possibly incarceration.

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1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for New York on
Q: Is it battery to forcibly grab someone's phone from their hand and refuse to give it back unless a video is deleted?

In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?

Tyler Fredrickson
Tyler Fredrickson
answered on Aug 7, 2019

Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending... View More

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: No contact orders and the District Attorney

My husband was arrested over a domestic dispute and is being charged with Endangering the welfare of a child and criminal obstruction of breathing. Both A class Misdemeanors. Upon his arraignment he was served a no contact order that he cannot contact me or our daughter. I contacted the assistant... View More

Gary Kollin
Gary Kollin
answered on Jul 27, 2019

These questions should be directed to his lawyer

1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Q: How can we recoup material or make someone pay that used a stolen credit card to purchase goods
Michael David Siegel
Michael David Siegel
answered on Jul 26, 2019

If there is a criminal case, restitution will be part of any judgment. If not, you can sue. But, these debts are hard to collect.

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for New York on
Q: My husband was arrested and arraigned for a domestic dispute

He was charged with two class A misdemeanors. One being criminal obstruction of breath and the other endangering the welfare of a child. Upon arraignment they put a no contact order in effect so that he can’t contact me or our daughter. I contacted the assistant district attorney in charge of the... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 26, 2019

If you want him home there is a good chance that the order of protection will be modified.

1 Answer | Asked in Child Support, Criminal Law and Family Law for New York on
Q: Hi, will I be arrested if I miss an child support hearing? I don’t owe anything

I was originally ordered to pay my ex $25 a month but now my son is staying with his grandma so it’s just being switched over her name

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 26, 2019

If you don't appear and don't ask for an adjournment, the court can issue a warrant for your arrest.

1 Answer | Asked in Criminal Law for New York on
Q: If a sex offender in nys already lives across from a school will he be required to move with probation

I'm his wife and we have kids. We can't afford to move so I was wondering what will happen

Charles Oliver Wolff
Charles Oliver Wolff
answered on Jul 22, 2019

The Sex Offender Registration Act (SORA), by itself, does not regulate where a registered offender can live. But probation or parole can, and often does, require that a registered sex offender not reside within 1,000 feet of a school or other child care facility. This is a matter that is usually... View More

2 Answers | Asked in Criminal Law for New York on
Q: Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen
Michael Arbeit
Michael Arbeit
answered on Jul 16, 2019

Where did this happen (what County)? It is a Class A Misdemeanor (crime) punishable by up to 1 year in jail. Consult with an experienced criminal defense attorney for proper representation.

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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: So my boyfriend is 17 years old he got into a fight with a cop does he go to jail ?

He was leaving the police station but the cops was talking a lot of sh*t and my boyfriend said f*ck you and a lot of cops hop him and he started defending him self and one of the cops got their ankle injury and press chargers on him, my boyfriend called the police station and apologize but he... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 9, 2019

He might, there is no clear answer to this question without more facts and details. If this is the first time he is involved with the police his lawyer should be able to keep him out of jail.

1 Answer | Asked in Criminal Law for New York on
Q: Crim Trespass 3rd:enclsd Prop

She opened the door for me, but now she denied this, and now my charge is Crim Trespass 3rd:enclsd Prop. What can I do? Thank you.

Gary Kollin
Gary Kollin
answered on Jun 17, 2019

If it was a guy, how can SHE deny it.

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