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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Real Estate Law for New York on
Q: I have a sealed expunged felony conviction in ohio, but want to obtain my NYS RE License. Do I have to disclose?

I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More

James L. Arrasmith
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answered on Nov 4, 2023

When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.

New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: 1) Can law enforcement use infrared surveillance inside your whole house?2) Can they make annoying noises inside

Your house, especially when they know you are sensitive to noises?

James L. Arrasmith
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answered on Nov 4, 2023

Law enforcement use of infrared surveillance is subject to legal constraints, including requirements for a warrant in many circumstances. The U.S. Supreme Court has held that thermal imaging of a home to detect relative amounts of heat, without a warrant, can constitute a search in violation of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: What can I do regarding a misconduct involving the police assaulting me?
James L. Arrasmith
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answered on Nov 4, 2023

If you believe you were assaulted by the police, it’s important to document everything related to the incident, including medical reports, photographs of any injuries, and the names and badge numbers of the involved officers.

You should file a complaint with the police department’s...
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1 Answer | Asked in Criminal Law for New York on
Q: I was falsely accused of shoplifting searched then verbally told I was trespassed can I fight that
James L. Arrasmith
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answered on Nov 4, 2023

If you believe you have been falsely accused and wrongfully trespassed from a property, you have the right to defend yourself against these accusations. You may want to gather any evidence or witness statements that support your account of events. It would be advisable to consult with a lawyer who... View More

1 Answer | Asked in Criminal Law for New York on
Q: How can I get a criminal probono lawyer in NYC
James L. Arrasmith
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answered on Nov 4, 2023

To find a pro bono criminal lawyer in NYC, you can reach out to the Legal Aid Society, which provides free legal services to qualifying individuals. Additionally, the New York State Bar Association offers a pro bono resource center that can connect you with volunteer lawyers based on your case and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: How many retrials can a D.A. do in New York State?

My son’s 1st trial had 1 juror substituted during prosecution’s case. A 2nd juror needed to be substituted during deliberations,giving my son His 1st mistrial. Second mistrial happened when a juror had an “out of state family emergency” during deliberations and after the only alternate... View More

James L. Arrasmith
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answered on Nov 4, 2023

In New York State, there is no statutory limit to the number of retrials the District Attorney can initiate after mistrials if the court has not barred retrial due to a finding of prosecutorial misconduct or a violation of the defendant’s rights. Each mistrial resets the process, and the... View More

2 Answers | Asked in Criminal Law for New York on
Q: Can I own an air powered gun, like a paintball gun solely for in home protection in NYC?

I am able to own a firearm, but choose not to because I live in an apartment building with close neighbors.

T. Augustus Claus
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answered on Oct 30, 2023

New York City Administrative Code § 10-131 prohibits the possession of air pistols, air rifles, and other air guns in New York City without a license. The only exception is for licensed operators of amusement parks or pistol ranges.

Unfortunately, due to the nature of internet questions,...
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2 Answers | Asked in Criminal Law for New York on
Q: Can I own an air powered gun, like a paintball gun solely for in home protection in NYC?

I am able to own a firearm, but choose not to because I live in an apartment building with close neighbors.

James L. Arrasmith
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answered on Nov 4, 2023

In New York City, air-powered guns, including paintball guns, fall under the jurisdiction of the NYC Administrative Code. The code generally prohibits the possession and use of air rifles and air pistols within the city limits, but there are some exceptions for permitted activities. Using such an... View More

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2 Answers | Asked in Landlord - Tenant and Criminal Law for New York on
Q: Tenant Question: Would like to validate the 2023 Winter Eviction Moratorium per NYS Senate that commences November1?

Also would like to validate that Moratorium lasts till April 15 of 2024!!!!!? THIS BILL HAS BEEN PASSED AND SIGNED BY NYS GOV!!!!!! I’d like to gain Tenant representation to hold him accountable for all he’s done that goes against his very own written lease agreement. Literally trying to evict... View More

James L. Arrasmith
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answered on Nov 4, 2023

If your landlord is violating the terms of your lease and you have evidence of unauthorized entry, you might consider seeking a restraining order and you may also have grounds to pursue legal action to resolve the harassment and potential illegal eviction attempts. It would be wise to consult with... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Can the guns that individual had be transferred to family member in another state? The guns that were seized were father
T. Augustus Claus
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answered on Oct 19, 2023

In New York, transferring firearms across state lines usually involves complying with both federal and state laws. Under federal law, an interstate transfer of firearms typically has to go through a Federal Firearms Licensee (FFL) in the recipient's state. State laws can vary widely, so the... View More

2 Answers | Asked in Criminal Law for New York on
Q: How far in advance does a defendant need to be notified of a grand jury proceeding in NY?
T. Augustus Claus
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answered on Oct 16, 2023

A defendant in New York must be notified of a grand jury proceeding at least 24 hours in advance. The notice must be in writing and must include the date, time, location, nature of the charges, and the defendant's rights. For personalized legal advice tailored to your unique circumstances,... View More

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2 Answers | Asked in Criminal Law for New York on
Q: How far in advance does a defendant need to be notified of a grand jury proceeding in NY?
James L. Arrasmith
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answered on Nov 5, 2023

If the defendant is in custody and has been charged with a felony, they may have the right to testify before the grand jury, which does require notification.

This notice should be reasonable and is usually at least 24 hours, giving the defendant a chance to prepare. It's essential to...
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1 Answer | Asked in Identity Theft, Criminal Law, Personal Injury and Medical Malpractice for New York on
Q: Please help!! How can i get my structed settlement money turn over to me?

I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 26, 2023

If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More

2 Answers | Asked in Criminal Law and Business Formation for New York on
Q: Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience?

Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience? All this was said by a person live.

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2023

Addendum - If the work experience involves certain positions that are strictly regulated by the government and the employment involves the safety and well-being of others (pilots, healthcare workers, commercial mariners, etc.) and the inventing of work experience is along the lines of inventing... View More

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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: Who owns the cat after the break up

My ex and I adopted a cat together and cared for it together for years. We broke up and did split custody for a while, now she wants to stop sharing and is claiming the cat is legally hers and will report her stolen if I dont return her by the arranged date. The adoption papers and microchip are in... View More

Marco Caviglia
Marco Caviglia
answered on Sep 9, 2023

Simplifying your situation, the court will look at the indicia of ownership concerning the cat, which appears to favor your former girlfriend. If she wants to file a theft charge against you for not returning the cat, a police officer might do that. An alternative is for you to seek a replevin... View More

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: The abuse waiver is specifically for abuse taking place while living together, and before filing divorce, right?

Gathered screenshots of my conditional-2-year-green-card-recipient-wife cheating during entirety of our dating/marriage, and about to send to USCIS to show it's not bonafide, just got the final decree.

After we filed and I threw her out of my place, texted her harsh text messages,... View More

James L. Arrasmith
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answered on Sep 3, 2023

The abuse waiver for the I-751 petition to remove conditions on residence is generally intended for victims of abuse that occurred during the marriage. Evidence of cheating may be relevant to the bona fides of the marriage but is not directly related to an abuse waiver. Be aware that stalking or... View More

1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: In New york state, if someone was to host an event, with donations accepted

and there so happened to be two parties that wanted to fight, accident waivers and release forms signed. is there anything in the law stopping this fight? will the only people liabal for said fight would be the two parties and not the host of the event.

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

Laws don't stop fights, they just tell one what conduct is illegal and the penalty if a perpetrator gets convicted. Your question seems to really be what is your liability. If you are somehow civilly responsible for allowing the fight (or promoting it) your accident waivers, even if... View More

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: If my son was charged for a crime but upon being picked up he wasn't ready any rights is that proper arrest

He was on house arrest for other charges and was told he was going to get fingerprints and be released to me.i was on the phone when they told him this so I agreed but then they kept him and charged him for something else but he wasn't aware or read any rights.he also has a mental disability.i... View More

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

In NY, the police need not administer Miranda rights until he is actually arrested. Often, they will delay a formal arrest of a target in order to interview him, raising the potential suppression hearing issue that the defendant was in actual custody, not just being interviewed. Consult a... View More

2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

James L. Arrasmith
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answered on Sep 8, 2023

I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More

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2 Answers | Asked in Bankruptcy, Criminal Law, Foreclosure and Real Estate Law for New York on
Q: I'm in Ch13, had COVID foreclosure protection, but the bank fraudulently filed & received Termination of Automatic Stay

While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More

Jonathan David Warner
Jonathan David Warner
answered on Aug 25, 2023

Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.

In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship...
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