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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: I have a control date today ..what is that and what will happen ??? Thank you

On pending charges this will be my second time going...I have not plead guilty to any charges

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Generally, a "control date" is a label used to indicate that something is to happen which will affect or dispose of the case, and to avoid losing tract of the matter, the court sets a date for an update or to ensure the disposition was reached.

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 Juvenile Law for New York on
Q: My son was charged for a crime but he wasn't picked up for it he was told he was going to get fingerprints and let go
Michael Arbeit
Michael Arbeit
answered on Sep 3, 2023

Where did this happen? Contact an experienced criminal defense attorney for a consultation and proper representation.

1 Answer | Asked in Criminal Law, Family Law and Sexual Harassment for New York on
Q: I want to know if I can reopen a case that was closed approximately during the year of 2018 or I would be able to sue.

I got sexually assaulted (molested and raped) by my biological father as a young child, and reported it to my school that I was attending to, at the time. It had opened a family court case and ACS case but, my mother and sister was speaking down on me stating that I’m breaking our family apart... View More

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

You don't specify your age, but you may have the ability to file a civil suit against your father (and possibly your mother as a conspirator), but it will be a factual determination at trial why you lied. Consult a personal injury attorney to review details an applicable statues.

1 Answer | Asked in Criminal Law for New York on
Q: If a person violates a stay away Order of Protection, does the police have an obligation to arrest them?

I have an Order for Protection and this person showed up at my door again. The police came and didn't want to arrest her. They told me they didn't have to and could weigh the circumstances

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

CPL 140.10(4) mandates the arrest of someone violating an order of protection, and the officer is prohibited from trying to reconcile or mediate the parties, where there is reasonable cause to believe the order was violated.

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 for New York on
Q: I was sitting in driver’s seat not engaging with a person falsely accusing me of scratching his car. He opened my door.

Is this assault? He would not move and continued to prevent me from closing my door

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

Not based on the facts you presented.

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

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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1 Answer | Asked in Criminal Law for New York on
Q: Does the decision in Counterman v. Colorado affect New York Penal Law 120.45 prosecutions?
T. Augustus Claus
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answered on Aug 23, 2023

The case "Counterman v. Colorado" doesn't have direct legal authority in New York, as it pertains to Colorado law. However, it's important to note that New York's legal system is independent and may interpret its laws differently. Therefore, while the decision in Counterman... View More

2 Answers | Asked in Criminal Law for New York on
Q: Can I obtain any photos or info from my mother's 1989 murder? Decent has been tried and convicted and still serving time
John Michael Frick
John Michael Frick
answered on Aug 18, 2023

There is no legal prohibition that would preclude you from being able to obtain such items. But, practically speaking, it is highly unlikely any such items have been retained in storage since 1989.

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2 Answers | Asked in Criminal Law for New York on
Q: If I have a case pending but no conviction yet, does that show up when an employer does a background check

I need to know if I have a case pending for a criminal matter but have not plead quilty or been proven quilty does that appear when an employer runs a fingerpring/background check.

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

Yes, that information is obtainable as the case is still a matter of public record, absent a sealing order. An adjournment in contemplation of dismissal is still also an open case as it has not yet been dismissed, so although one no longer goes to court for 6 or more months and it is automatically... View More

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2 Answers | Asked in Criminal Law for New York on
Q: My lawyer got my case off with no record in nyc, does that mean it’s under sealed or completely erased?

It was 4/5 felonies. I had to finish school and pay a fine, I plead not guilty.

T. Augustus Claus
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answered on Aug 8, 2023

When a case is resolved without a record in New York City, it typically means that the case has been sealed. Sealing means that the case is not visible on most background checks and is not accessible to the public. However, certain law enforcement agencies and government officials may still have... View More

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3 Answers | Asked in Personal Injury and Criminal Law for New York on
Q: I accidentally side swiped a outdoor restaurant seating structure on the street? There was no real damage no police repo

There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention

Steven Richard Smith
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Steven Richard Smith
answered on Aug 6, 2023

Taking a photograph of your license plate is certainly legal. To prove assault, he would have to prove intent to harm. This sounds more like a simple, negligence action. If your car accidentally hit a structure, your liability insurance should cover the damage. Simply report the accident to your... View More

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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: How do I get a copy of my arrested record? I’m trying to prove I been arrested for the same warrant twice
T. Augustus Claus
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answered on Jul 20, 2023

To obtain a copy of your arrest record in New York, you will need to follow these steps:

Contact the arresting agency: Reach out to the law enforcement agency that made the arrest. This could be the local police department or the county sheriff's office. Request information on how to...
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1 Answer | Asked in Criminal Law for New York on
Q: How do you citizens arrest a corrupt judge?
T. Augustus Claus
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answered on Jul 20, 2023

If you believe a judge is engaged in corrupt or illegal activities, the appropriate course of action is to report your concerns to the relevant authorities, such as the Judicial Conduct Commission or other appropriate oversight agencies. They are responsible for investigating allegations of... View More

2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Your mother was subjected to a hit and run, sorry. Usually these cannot be pursued because the car and driver cannot be identified. You can file a "late" police report about the hit and run if you now have information about the vehicle and possibly the driver. They are subject to civil... View More

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1 Answer | Asked in Immigration Law and Criminal Law for New York on
Q: I was charged with shoplifting/ grand larceny yesterday. Can I leave Monday for a work training in Mexico?

I have not been arraigned. I received a ticket to appear on July 3rd but work has me out of the country from June 26-August 3. Will I have an issue traveling between the US and Mexico? I have retained a lawyer he was unsure if I could leave the country. I never was brought down to jail just... View More

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Depends on your conditions of release. You should be retaining an attorney as soon as humanly possible.

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