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New York Criminal Law Questions & Answers
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

2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: Will I face jail time

I got into an accident. I called the police and they tell me my drivers license is suspended due to an uninsured vehicle. I was not aware of this as I have an active insurance policy. I called the insurance company and they told me it was because of a two month gap I had in the middle of the year.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 13, 2023

It really depends on your history and the incident. Normally driving with a suspended license for the first time would not result in jail. You need to speak to an attorney.

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1 Answer | Asked in Personal Injury and Criminal Law for New York on
Q: Hello , a woman was tailgating me and honking for couples blocks I stopped my car talk to her and come back to my car

She came to me and hit me in my face while I’m in my car and everything was recorded I have Dashcam so I push her back as defense of self , she falls on ground she seems drunk , we both get arrested what should I do? For me I have never been arrested before I wondering if I’m I in trouble or... View More

James L. Arrasmith
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answered on Nov 12, 2023

In New York, if you've been arrested following a confrontation where self-defense was involved, it's important to secure legal representation. The presence of a dashcam recording can be significant in demonstrating the events that led to the altercation. In terms of criminal proceedings,... View More

2 Answers | Asked in Criminal Law for New York on
Q: I got severe a warrant for gun possession and it was a gun clip how do that work
T. Augustus Claus
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answered on Nov 10, 2023

it is illegal to possess a gun clip that can hold more than ten rounds of ammunition. This law applies to both loaded and unloaded gun clips.

If you are caught with a gun clip that can hold more than ten rounds of ammunition in New York, you could be charged with a felony....
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1 Answer | Asked in Criminal Law for New York on
Q: Was arrest unlawful if cops didn't tell me I had a felony warrant on 3 previous contacts ?

I have a traffic stop (spending ticket) wellness check and cops didn't tell me I had a felony warrant. It was signed in August and I was arrested in November. Was it unlawful?

James L. Arrasmith
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answered on Nov 8, 2023

The legality of the arrest itself would not typically be determined by whether or not the police informed you of the warrant during previous encounters. As long as the warrant was valid and active at the time of your arrest, the arrest is generally lawful. Police are not required to inform you of a... View More

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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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

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I have a criminal court date for driving with a suspended license. They said to get a lawyer, should I?
T. Augustus Claus
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answered on Oct 17, 2023

Yes, you should get a lawyer if you have a criminal court date for driving with a suspended license. A lawyer can help you understand your charges, your rights, and your options. They can also represent you in court and negotiate on your behalf. For personalized legal advice tailored to your unique... 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?
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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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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

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Federal Crimes and Legal Malpractice for New York on
Q: What steps to take filing for new public defender and getting something done about misrepresentation by one?

My soon to be husband has been almost a year awaiting outcome of a federal arrest that I have found out more about online than he has from his public defender. When asked to meet with him she has still a year later never met him in person. She has filed notices and discussed pleas without his... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

One may complain to either or both the Federal Defender's Office of NYS and the presiding judge in the case, but had better have all the details correct and back up the allegations.

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