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New York Criminal Law Questions & Answers
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
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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2 Answers | Asked in Criminal Law, Federal Crimes, Tax Law and White Collar Crime for New York on
Q: How do I know if I have any criminal charges against me
Ralph Behr
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answered on Oct 15, 2024

Visit or call your local police department or sheriff's office. They often maintain public records and can let you know if there's an outstanding warrant or charge in their jurisdiction.

Check Court Records:

Many states and counties have online court databases where you...
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1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Can Mike still purchase a legal firearm from a different state if his state, NYS, denied him during a background check

My friend Mike found people had broken into his dead uncle's house, so he took both weapons he knew were there so that they could not be used on an innocent by standard or the police and left. He tells his neighbor to call the police. When they arrive, they force my friend to the ground at gun... View More

James L. Arrasmith
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answered on Sep 24, 2024

If your friend, Mike, was denied a firearm purchase in New York State after a background check, he won't be able to bypass that by trying to buy one in another state. Federal law requires background checks for gun purchases, and if he was denied in one state, the same information will likely... View More

2 Answers | Asked in Contracts, Criminal Law and Constitutional Law for New York on
Q: Is UCC 3-402b2 proof of their being a separation between you and the "ALL CAPS NAME"

My friend is adamant that the ALL CAPS NAME (he told me to spell it like that when asking) is separate from the living human being which is separate from the natural person. He claims that the all caps name is a corporation acting as a "represented person". I showed him several court... View More

Jack Mevorach
Jack Mevorach
answered on Sep 17, 2024

Corporate status is not determined by uppercase, lowercase or a combination of the two.

Jack

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1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: How to know if i got a warrant for my arrest?

I had to leave the country for emergency reason and might have missed my court date.

James L. Arrasmith
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answered on Sep 5, 2024

If you think you might have a warrant for your arrest in New York, there are a few ways to find out. You can contact the court where you were supposed to appear and ask if a warrant was issued for missing your court date. They may provide this information over the phone or require you to go in... View More

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for New York on
Q: Can I be arrested without proof?

If the police is called for shoplifting, before making an arrest, isn't the cop suppose to inspect and observe the stolen items as evidence for the report, or can the police just write a report without seeing what was stolen? Thank you for your help.

James L. Arrasmith
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answered on Aug 31, 2024

You can be arrested without proof if the police have probable cause to believe a crime was committed. In the case of shoplifting, if a store employee or witness claims they saw you steal something, the police may consider that enough reason to arrest you. However, they are not necessarily required... View More

2 Answers | Asked in Criminal Law and Civil Rights for New York on
Q: Can telling someone "Don't answer questions" during an investigation be considered interference

I was wondering if an officer was on a traffic stop and you walked over and told the person in custody "don't answer question.....don't answer anything that he says" would this be considered interference? In this situation the person would have walked up to a traffic stop that... View More

Norman Spencer
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answered on Aug 16, 2024

You don't have to answer any questions during an investigation, and there is nothing wrong with advising someone not to answer questions without consulting an attorney.

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: My son is in shock incarceration camp. He has tourette syndrome, PTSD, ADHD, & on the spectrum, high functioning.

He's constantly harassed & singled out. He gets targeted from peers in same platoon. He can not file grievance do to retaliation & failing the 6 month program. What are his rights, & how do I help him?

James L. Arrasmith
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answered on Jul 28, 2024

Your son's rights include being protected from harassment and receiving appropriate accommodations for his medical conditions. You can advocate for him by contacting the camp administration and explaining his medical needs, emphasizing the importance of his protection and appropriate... View More

1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I am in a case against my ex . His lawyer went to the police and told them not to take my calls seriously.

I got a protection from abuse against the plaintiff previously. His harrassing and threating nature continued during child exchange so I had to call the police. His lawyer openly admitted that she went to the police and told them not to take my calls seriously. The lawyer and the plaintiff are... View More

James L. Arrasmith
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answered on Jul 27, 2024

You can take several steps to address this situation. First, document everything meticulously, including the lawyer's admission and any incidents of harassment or threats during child exchanges. This documentation will be crucial for any legal proceedings.

Next, consider filing a...
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1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Would I have to go to jail for an illegal loan?

I live in NY where payday loans are illegal. I was so desperate and needed money. I used the address

of a shipping company in Delaware that has virtual PO boxes. I borrowed 4 loans, a total of $5,000. It seems like a lot but it barely scratched the surface. It was a very poor decision and I... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Don’t bring anything up with the DA/AG. Pay the loan back and if you cannot, contact the company to modify it/make a payment plan. They have way bigger fish to fry.

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Real Estate Law for New York on
Q: What rights do I have to remove an unwed domestically violent co-owner from the deed, when he has the mortgage?

I can prove that without my money, he wouldn't have gotten the mortgage.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More

2 Answers | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: How can I not commit possession if I find drugs in my abusive husband's belongings from before the order of protection?

I have an order of protection against my abusive husband.

I am not a citizen and I might apply for naturalization soon.

I am worried about the Good Moral Character requirement.

I suspect that I might find drugs and I want to make sure not to be committing possession in... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).

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1 Answer | Asked in Criminal Law for New York on
Q: I was flagged down by a family on the side of the road whose driver claimed he was from Dubai and he...

lost his wallet. To make a long story short, I ended up giving him more than $1,000. At one point, he left a fake Rolex watch in my car. I later learned the watch was fake, thus confirming that I really had been swindled.

I want to file a police report, but they are claiming this was an... View More

Aubrey Claudius Galloway
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answered on Jun 26, 2024

This is a civil issue. File a claim against him in small claims court for the $1000 plus fees and expenses.

1 Answer | Asked in Criminal Law for New York on
Q: How much does it cost to review a case ?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

With me generally nothing. Although if it involves some research or extensive document review, I will charge my regular hourly rate. But I offer a free consultation.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: During a family court deposition how can you refuse to answer some or all the questions?

I'm being harassed, and now must sit for a deposition. Assuming some of the questions will most likely be used to find personal information to harass me further... while other questions could be used again me in criminal charges... can I just object to these questions and refuse to answer them?

David P. Badanes
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David P. Badanes
answered on Jun 15, 2024

You should consult with an attorney and have an attorney with you at the deposition.

It is not clear why you have to sit for a deposition, very unusual for a Family Court case.

In general terms, if you do not answer a question at a deposition, you could be held in contempt or your...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Being Conspired against due to jealousy is that a criminal Lawyer? If it is any advice would be greatly appreciate.
James L. Arrasmith
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answered on Jun 3, 2024

Dealing with a situation where you feel conspired against due to jealousy can be very distressing. If you believe this conspiracy involves illegal activities or threats against you, seeking the advice of a criminal lawyer is a good step. A criminal lawyer can help you understand your rights and the... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for New York on
Q: What exactly is the civil fraud case trump is charged with and how serious is it? Was the 454 million dollars too much?

Just want a summary. Not asking for political views or trying to state an opinion.

James L. Arrasmith
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answered on Mar 26, 2024

The civil fraud case against Donald Trump involves allegations made by the New York Attorney General's office, led by Letitia James. The case alleges that Trump and the Trump Organization engaged in financial fraud by inflating asset values on financial statements provided to banks and... View More

1 Answer | Asked in Criminal Law for New York on
Q: I got arrested for possession of a forged instrument. I was given a desk appearance ticket. I was driving a vehicle with

F

Michael D. Litman
Michael D. Litman
answered on Mar 4, 2024

It may be possible to get the charge reduced, however it may depend on on what your prior conviction was for. If it was for something similar, the possibility for a significant reduction in the charge may diminish. You should speak to an attorney ASAP to discuss the case in more detail, so a better... View More

1 Answer | Asked in Criminal Law for New York on
Q: Accountants criminal intent

Good Afternoon, I recently consulted with an accountant regarding my and my husbands taxes and tax planning. During the course of the conversation, she suggested that she could set aside money for me by taking money from my families (my and my husband and children's trust) and place in a... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Discuss with your husband and get a different accountant.

1 Answer | Asked in Criminal Law for New York on
Q: They are trying to give my sister 5 to 15 yrs for grand larceny where can I find a pro bono lawyer

They did not even go to grand jury

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

Your sister should be advised by criminal defense attorneys, but your question remains open for almost a week. It's possible she could qualify for representation by a public defender, based on financial need. An experienced criminal attorney should be able to offer meaningful direction here.... View More

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