Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law for New York on
Q: I was with a friend during the time of a fire and they want to blame it on us even though they have no proof

We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... View More

Stuart Austin
Stuart Austin
answered on May 22, 2023

First off, you should not speak with any law enforcement before speaking with your own lawyer. Is it police or campus police who are trying to speak with you? Are you a student currently attending the college where this occurred? An attorney can hire an investigator to retrieve video... View More

View More Answers

2 Answers | Asked in Medical Malpractice, Criminal Law and Identity Theft for New York on
Q: Hippa-related legality surrounding my reporting a recent crime committed by a pt while using my namesake/identity.

In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 15, 2023

The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... View More

View More Answers

2 Answers | Asked in Criminal Law and Education Law for New York on
Q: How to get out of covering a fire alarm in a dormitory at college situation?

My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More

View More Answers

2 Answers | Asked in Criminal Law and Education Law for New York on
Q: How to get out of covering a fire alarm in a dormitory at college situation?

My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2023

This looks similar to another New York question involving a dormitory smoke alarm. In my response there, I recommended reviewing the paperwork and assessing what the disciplinary action or charges are, depending on whether the hearing is through the school or through a public court. Your friend... View More

View More Answers

2 Answers | Asked in Criminal Law and Education Law for New York on
Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?
Tim Akpinar
Tim Akpinar
answered on Apr 29, 2023

Your friend should review the hearing papers and learn who is conducting the hearing, whether internal through campus fire & safety or through a public court, what it involves in terms of charges, penalties, campus/academic discipline, etc. She could consider consulting with an attorney to... View More

View More Answers

2 Answers | Asked in Criminal Law and Education Law for New York on
Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any... View More

View More Answers

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: I was an Art teacher and added names to my attendance list of people that wasn't taking the classes.

I was an Art teacher in a senior center, which made me chase for students, so in my frustration I added names to my attendance list of people that wasn't taking the classes, that's it. They got angry and fired me, but this people are so crazy that I fear that they can charge me with... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2023

I'm not sure I understand your question or what it is you are being accused of having done. You made a list of people that were not attending? Or did you add to an attendance list the names of people who did not attend to make it look like they did attend? Or are you being accused of... View More

1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: How to do I go after someone for not telling me they have an STD?

I’ve read it’s illegal for someone to have herpes and not disclose that before getting intimate. I only ever found out because he is carrying around a bottle of the pills and I confronted him. How do I pursue charges for this?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 30, 2023

If you wish to press criminal charges against the individual (having intercourse while you are knowingly infected is a misdemeanor), you would have to report the matter to the police and see if they are willing to pursue. With regard to pursuing a civil lawsuit against the individual, if the... View More

2 Answers | Asked in Libel & Slander, Criminal Law and Employment Law for New York on
Q: I was terminated and given a severance package. two of my former direct reports have gone to social media to harass me

What can I do regarding this?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 17, 2023

If you have a properly worded severance agreement you might have a case, even if the disparaging information is true. Non disparagement clauses can cover even true statements. It all depends on the wording of the severance agreement and the facts surrounding the disparaging statements on social... View More

View More Answers

2 Answers | Asked in Libel & Slander, Criminal Law and Employment Law for New York on
Q: I was terminated and given a severance package. two of my former direct reports have gone to social media to harass me

What can I do regarding this?

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 11, 2023

Depends on the contents of the severance agreement, what was specifically said in the social media comments and who they were shared with, and whether what they said was opinion or false facts. There could be a defamation claim here; depending on severance agreement, maybe breach of contract as... View More

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Are there any states in the US that prohibit the use of intrastate banishment as a punishment for crimes?

Intrastate banishment is the practice of banning someone from smaller geographic area's within a state such as entire towns, counties, and cities. It does not include banning someone from an entire state itself.

This is not a state specific question.

Important: The crimes in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

As far as I am aware, there are no states in the US that have specific laws prohibiting the use of intrastate banishment as a punishment for crimes. However, some legal experts argue that the use of intrastate banishment may violate constitutional rights such as the right to travel or due process.... View More

1 Answer | Asked in Criminal Law for New York on
Q: Can I get if trouble if there’s an active order of protection against me, but the “victim” approaches me?”

I said don’t talk to me, got in my car and left. There was no police contact. No one holding either party back. I said leave me alone and she went the other direction and I went home. (NYS)

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

When the protected party approaches the restrained party intentionally, that party should leave if possible. If the other person follows or persists in such or similar behavior, call the police and complain about it and call your attorney, as intervention may be in order to modify or rescind the... View More

1 Answer | Asked in Criminal Law for New York on
Q: If my cousin doesn’t live with his child’s mother but is there periodically, can they legally issue a search warrant?

He also was not there while they searched the premises and the search warrant was based of him selling drugs but not outside of her house

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

The existence of a search warrant means a judge reviewed the attestation of facts and found sufficient cause to have the premises searched in pursuit of an investigation, and presumably enough to connect the premises with the defendant and suspected crime(s). He can challenge the warrant prior to... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Without a firearm license, Is it illegal to have Byrna SD pepper ball gun inside the house that I own in Brooklyn NY?

I don't have a fire arm license, for example, if the police would have found Byrna SD pepper ball gun in my house can they charge me with anything?

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

Charged with "anything" is pretty broad. That said, this device is not listed as a firearm in the Penal Law of NYS, nor does it seem capable of discharging a bullet without alteration, so does not appear to require a firearm license. You should review PL section 265.00 to satisfy... View More

1 Answer | Asked in Criminal Law for New York on
Q: I let a friend use my truck a few months ago. Now he won't return it and locked it in his garage and went to Florida.

I was doing him a favor but now I think he's either forged my name on the title because it was in the glove box. I think that's y He's ignoring my plea to get it back

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

If it is provable that you gave him the vehicle as a loan, with a designated date to return it, and he has not done so, then he may be charged with an A misdemeanor for unauthorized use. That you would leave the title in the glove box and your presumption that he has forged your name for a... View More

1 Answer | Asked in Criminal Law for New York on
Q: I am 16 no prior criminal record and live in NY.Can i get jail time for dissemination of intimate photo?

I am 16 no prior criminal record and live in NY. The video was of my ex and she accused me of spreading it around the school, I sent it to 1 person only and it was my cousin back then in July. Me and her broke up in october and I deleted everything after. She got a new boyfriend and let’s say his... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

If the victim is under 17 years of age, and it included sexual conduct, it constitutes a sexual performance of a child and exposes the inducer of such performance to prosecution for a class C felony, which is very, very serious. Sending it, and everyone after that who sends it, has exposure to... View More

2 Answers | Asked in Constitutional Law and Criminal Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Yes, you should report the guy to the police as soon as possible. Cashing fake checks is illegal and if you are found to be involved in such activities, you could be charged with a crime. It's important to be honest and transparent with the authorities and provide them with any information you... View More

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: How long can a Grand jury indict and not inform the defense what those charges are against his client?

Male arrested on 1/20, is still sitting in jail without official charges. Grand jury met on 2/2. No testimonials, evidence, or body cam footage has been shared with his public advocate yet.

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

First, he can't be in jail without "official charges" because he was arrested and presumably arraigned, at which time the charges, in the form of complaint(s) or information(s), are read to the defendant and he entered a (not guilty) plea. He is apparently being held on no bail or... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.