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New York Criminal Law Questions & Answers
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.

3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New York on
Q: I received a package with bars of Platinum in my locked PO box, the mail man signed for it, can i keep the bars?

I opened the package as it was addressed to my address and i had recently ordered something from amazon, but instead of a book, two 1oz bars of platinum fell out of the package. A few days later, a manager from one of the local post offices came to my door asking if i had gotten the package, i... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

No, you are not allowed to keep the platinum bars as they do not belong to you and were delivered to you by mistake.

Unknowingly receiving them isn't a crime, but willfully retaining them with knowledge they are not yours may be. I recommend you make arrangements to return them as...
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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

1 Answer | Asked in Criminal Law for New York on
Q: if a person is locked up by the feds why wouldn't you be able to find there location

the person has been incarcerated for almost a year but when you try to do a inmate search nothing comes up

John Michael Frick
John Michael Frick
answered on May 26, 2023

Try alternate spellings and misspellings of the inmate name.

Typographical errors in data entry occasionally happen.

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for New York on
Q: How do I address second-hand accusations of medication diversion with a patient?

Pt "A" contacted me today and stated that pt "B" stole her controlled meds (while they were in a shared medical transportation cab). Apparently, "B" admitted to her that he did indeed take them. Pt "A", further reports that in the past, "B" has... View More

Jack Mevorach
Jack Mevorach
answered on May 25, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Criminal Law for New York on
Q: Does a DA’s office (Queens NY) have to confer with victims before accepting a plea deal?

Three members of my family and another person were phisyically assaulted by a person in Queens, NY and then arrested. We heard basically nothing from the DA unless I emailed them a few times. I have recently found out that the DA’s office accepted a plea deal without even consulting with us.... View More

Stuart Austin
Stuart Austin
answered on May 23, 2023

There is no requirement that you would get a say in the plea deal given to a defendant. You do have the right to make a victim's impact statement pursuant to CPL 390.50 "The district attorney shall also give at least twenty-one days notice to the victim or victim's family of the... View More

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

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

I'm not a criminal defense lawyer, but I note you have not asked an actual question - so I will just make a suggestion... This forum is a public place and is routinely monitored by many attorneys, including prosecutors. Obviously, you're asking a hypothetical question, but I would still... View More

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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

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1 Answer | Asked in Criminal Law for New York on
Q: My son needs representation for a case they said it's a fugitive from florida.
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

You have not asked a question but presumably, you're looking for a criminal defense attorney in Florida. You should post a question in this website's "Florida" section. In the meantime, since volunteer lawyers here are not permitted to solicit you, you must search for them. You... View More

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

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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

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1 Answer | Asked in Legal Malpractice and Criminal Law for New York on
Q: Something I got arrested for is now legal. Do I have a case?

I got arrested for having a taser in my purse during a car searched. It was $12 and ordered online from china. It made its way through customs to my front door. I had to pay a lawyer since I couldn’t get a public defender cause I was under 21 at the time and they made my mom pay. I also had to... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2023

Even assuming it's now legal to carry a taser in NY (which I could not confirm), since it was not legal at the time you committed the (former) "crime," you cannot be compensated now, unfortunately.

1 Answer | Asked in Business Law and Criminal Law for New York on
Q: How common is prosecution for falsifying business records?
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2023

This is probably something that the attorneys who handle white collar crime defense would know best, but your question remains open for almost a week. It's common, but it could depend on the nature of the falsification, severity, mental states of parties involved, and resources of... View More

1 Answer | Asked in Criminal Law for New York on
Q: Someone has been soliciting donations for charitable purposes, using my name, face, and work that I've done.

The issue is this person has not been involved in this work at all - they volunteered with my organization a few times to establish credibility and now they're pretending on social media that they're still associated with me and my work. I suspect that they have had tens of thousands of... View More

Jack Mevorach
Jack Mevorach
answered on Apr 8, 2023

You have grounds to pursue this person. Have a free telephone consultation with counsel.

Jack

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, Business Law, Identity Theft and Landlord - Tenant for New York on
Q: In Bronx, NY. Timeframe to receive a cease and desist order for a business that is being compromised.

My friend owns a funeral home in Bronx, NY. People he trusted over the years have locked him out of his home/business, changed passwords on accounts and access to his business website.

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 2, 2023

Help your friend hire a lawyer because this attack on his livelihood, home, business, and accounts cannot be reversed and undone without a court order from Bronx Supreme Court.

1 Answer | Asked in Criminal Law for New York on
Q: I was arrested in Georgia in May 2021, was released on bail in 6 months, and never had a preliminary hearing/indictment

Isn't that illegal or a violation of my rights

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2023

The criminal defense attorneys here would know this best, but you await a response for almost a week. You could try reposting under "Georgia." Some questions go unanswered, but there might be better chances of a response there. If still no response, the next option could be to reach out... 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

1 Answer | Asked in Criminal Law, Family Law, Banking and Domestic Violence for New York on
Q: My spouse withdrew 11grand out of joint account, without me knowing now and won't say what did with it? Legal or what

He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 28, 2023

"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.

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