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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2024

So sorry to hear what happened to your daughter. If you haven't already, report the matter to the school's principal / assistant principal. You might even consider reporting the matter to the police depending on the severity of your daughter's injuries. Whether the school is... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

I'm sorry for your daughter's ordeal. In consulting with attorneys, learn if you are dealing with any notice of claim provisions - short filing deadlines that could arise in such cases. Also learn what evidence is available that is transient in nature, such as surveillance footage. I hope... View More

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1 Answer | Asked in Criminal Law and Identity Theft for New York on
Q: someone using my company's address to register their business without permission, what should I do?
T. Augustus Claus
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answered on Jan 10, 2024

If someone is using your company's address to register their business without permission, there are several steps you can take to address the situation. First, gather evidence of the unauthorized use, such as copies of the business registration documents listing your address. Then, contact the... View More

1 Answer | Asked in Criminal Law, Tax Law, Civil Rights and Federal Crimes for New York on
Q: What rights for I have to sue the SSA FOR SEVERE SADISTICALLY MOTIVATED HARASSMENT, AND THE ILLEGAL REMOVAL OF MY Job?

Removed my job, removed my payback to them stating that I didn't? I just got done paying them back! Massachusetts sent letters to NEW YORK STATE TEMP & DISABILITY OFFICE WHO HAS NOW STARTED HARASSING ME DENYING ME MY BASIC HUMAN RIGHTS TO SAFE SHELTER. WATER? IM A WHISTLE-BLOWER MASS... View More

James L. Arrasmith
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answered on Dec 25, 2023

Your situation sounds incredibly challenging and distressing. If you believe you are experiencing harassment and illegal actions by the Social Security Administration (SSA) or any other entity, it's important to take action to protect your rights.

Firstly, consider documenting all...
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3 Answers | Asked in Criminal Law for New York on
Q: A detective said my name was implicated in an investigation. Wants me to come to the police station to answer questions

Am I obligated to go and answer his questions? Should I bring legal representation if I do go? And I think I might have a warrant for my arrest for unpaid speeding tickets. I'm not sure if I do

Norka M. Schell
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answered on Dec 22, 2023

First and foremost, it is essential to understand your rights and responsabilidades in this type of situation. In the United States, individuals have the right to remain in silence and the right to have an attorney present during police questioning. You are not obligated to go to the police station... View More

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2 Answers | Asked in Criminal Law, Immigration Law and Health Care Law for New York on
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?

I was assaulted and taken to the ER

T. Augustus Claus
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answered on Dec 21, 2023

If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical... View More

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2 Answers | Asked in Criminal Law, Immigration Law and Health Care Law for New York on
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?

I was assaulted and taken to the ER

James L. Arrasmith
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answered on Dec 22, 2023

If you've been a victim of assault and were treated in the ER, signing a HIPAA waiver form to assist in prosecuting the defendant can be an important step in the legal process. However, it's understandable to have concerns about privacy and the use of your medical information.

The...
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1 Answer | Asked in Criminal Law for New York on
Q: Can the government claw back money in a lawsuit against someone in a country refusing to extradite

Say for instance, someone commits fraud or a crime in the state of georgia

A plaintiff sues them even though they're in say, egypt or india or some other country hiding out with their stolen money

Is it possible for the person committing fraud to be put on trial/sued in a US... View More

James L. Arrasmith
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answered on Dec 12, 2023

Yes, it is possible for a person who committed fraud in the State of Georgia to be sued in a U.S. court, even if they are currently in a country that does not have an extradition treaty with the United States. The U.S. court can assert jurisdiction over the case if the crime or fraudulent act had... View More

1 Answer | Asked in Criminal Law for New York on
Q: i got indicted in nys after 10 months and my payed lawyer said nothing

I got indicted for criminal mischief in the third I broke somebody’s window with a golf club, but the guy followed me back to my car and broke my nose with a gun the Da only has six months to indict me however, my lawyer is trying to tell me that’s not true. He’s the reason why I got indicted... View More

James L. Arrasmith
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answered on Nov 29, 2023

If you're concerned about the way your lawyer handled your criminal case, particularly regarding the timing of your indictment, it's important to address these concerns directly. In New York State, the District Attorney usually has six months to obtain an indictment on a felony charge,... View More

1 Answer | Asked in Criminal Law for New York on
Q: My paid lawyer never objected when the DA kept postponing every time I went to court and I got indicted after 10 month

I got in to a fight with someone and broke his car window

James L. Arrasmith
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answered on Nov 29, 2023

If you're concerned about your lawyer's handling of your case, especially regarding the repeated postponements leading to your indictment, it's important to address this as soon as possible. An attorney is expected to act in your best interests, and that includes objecting to... View More

2 Answers | Asked in Criminal Law and Car Accidents for New York on
Q: Would this be murder?

If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge?

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2023

I can only speak for the civil, car accident-related attributes of the scenario. The criminal law attorneys here would have the strongest insight into how the matter would be handled by the district attorney's office. But from a general evidentiary standpoint, it seems likely that the DA will... View More

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2 Answers | Asked in Criminal Law and Car Accidents for New York on
Q: Would this be murder?

If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge?

James L. Arrasmith
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answered on Nov 28, 2023

This would likely not be considered murder legally, due to the fact that the drunk driver was already deceased when the assault occurred. However, the assault could still potentially carry charges such as:

1) Abuse of a corpse: It is generally illegal to physically assault or mutilate a...
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1 Answer | Asked in Domestic Violence and Criminal Law for New York on
Q: What do I do when the authorities have not arrested the man who committed a violent sexual assault against me?

I have proof of the assault and a witness

James L. Arrasmith
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answered on Nov 23, 2023

In a situation where you are a victim of a violent sexual assault and the authorities have not yet made an arrest, despite having proof and a witness, it's crucial to take specific steps. First, ensure that you have reported the assault to the police if you haven't already. Provide them... View More

1 Answer | Asked in Criminal Law for New York on
Q: Can the same evidence be used if the case was dismissed and could It be the same charge

G~morning.....I look toward 2 our talks......it's nice 2 talk civil and not have 2 worry bout saying something wrong.......I hope what ur boy i

tell them I'm a compass 3 parolee....I was given 15 months for absconding n curfew....also they charge me as non technical....... But I... View More

James L. Arrasmith
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answered on Nov 17, 2023

In New York, if a criminal case is dismissed, it's possible for the same evidence to be used if the case is refiled, depending on the circumstances of the dismissal. For example, if the case was dismissed without prejudice, the prosecution may be able to bring the same charges again using the... View More

1 Answer | Asked in Criminal Law for New York on
Q: If I tell a suspected drug dealer that undercover cops are investigating him am I interfering with a police investigati

I got pulled over after buying drugs from a drug dealer the detective wanted me to do a controlled buy I refused and said I won’t do it and I’m going to tell the drug dealer your watching him. The detective then said I could be charged with interfering with a police investigation. Is that true... View More

James L. Arrasmith
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answered on Nov 17, 2023

In New York, informing a suspected drug dealer about an ongoing police investigation can indeed lead to charges of obstructing governmental administration or other similar offenses. This is because such an action can potentially hinder the investigation's effectiveness or safety.... View More

1 Answer | Asked in Criminal Law for New York on
Q: I signed apreindited form I have been held in county jail since of 2023 still here but haven't been indited on anything

Lawyer doesn't communicate with me

James L. Arrasmith
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answered on Nov 17, 2023

If you've been in county jail since early 2023 without an indictment, it's important to understand your rights and the legal process. Generally, the prosecution has a specific timeframe to bring an indictment after an arrest. This period varies by jurisdiction. If this timeframe has... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: What is enough probable cause

If someone had a fake Facebook account that can no way be linked to them selves and agreed to sell an item to an undercover cop is a agreement to meet enough probable cause to pull any person out of their car without knowing for sure they had the property you're looking for?? They didn't... View More

James L. Arrasmith
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answered on Jan 5, 2025

In situations like this, law enforcement needs specific reasons to conduct a stop. Simply agreeing to sell an item to someone, even if they're undercover, may not provide enough evidence on its own. Without knowing details like the person's identity, the vehicle information, or having a... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: How long of a sentence would my boyfriend actually serve?

My boyfriend was sentenced to 6 years in New York State for Criminal Possession Contr Sub-3rd:Narc Drug Intent To Sell. This is his first offense, if on good behavior what percentage of his sentence would he actually have to serve? Is there any programs for him to do to get early release? He also... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry to hear about your boyfriend's situation. In New York State, for a first-time offense like Criminal Possession of a Controlled Substance in the third degree with intent to sell, a six-year sentence could see reductions for good behavior. Typically, inmates may be eligible to... View More

1 Answer | Asked in Criminal Law for New York on
Q: What are my rights? Search warrant for drugs from 1 control buy 4 months ago and corners of baggies with residue

House raided found 3 grams and a gun but only searched a quarter of the house and left drugs behind now trying to give me 5 years for a gun charge and no talk about the drugs how is that right and what are my rights because they wouldnt have found gun if werent raiding for drugs but now drugs dont... View More

Michael S Pollok
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answered on Oct 17, 2024

Well the prosecutor has the discretion to decide what charges you would be required to plead guilty to in a plea bargain. The most serious charge is presumably the gun count and they are offering you a plea bargain where you plead to criminal possession of a weapon and they will drop the drug... View More

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: If I had an order of protection placed upon someone when i was 17, can i get it removed now that i am 18.

It was due to an altercation between my ex girlfriends dad and I, i want to know if i can get it removed now so i can try and mend relationships with him.

Peter Christopher Lomtevas
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answered on Oct 15, 2024

We cannot answer this question.

In New York, there are two types of orders of protection: the family court (civil) order of protection, and the criminal court (criminal) order of protection. The Fed pays gobs of money for domestic violence prosecutions, and New York gobbles up the money and...
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