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
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, Immigration Law and Tax Law for New York on
Q: How to report a foreigner in the US working illegally as a prostitute?

I know of Canadian who is in the US on TN status, but she stopped working at the job that is tied to her visa. Instead she works illegally in multiple states as a prostitute. She publishes her services on websites for call girls, erotic reviews, etc.. She is even planning to fake a marriage so she... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

ICE Tip Line: 866-DHS-2-ICE

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: Where do I obtain a Sex Offender Petition for Relief or Modification?
Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

A sample petition can be found at https://www.ils.ny.gov/files/SORA%20Modification%20Proceeding%202019.pdf on page 33. It is not recommended that this be completed by a non-attorney. One is limited in the frequency of application allowed, and lay people are prone to error. If you can't... 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 and Traffic Tickets for New York on
Q: If I pay this, does the matter end there or will this escalate to criminal prosecution?

I pick up my child from school every day and drive her around to playdates and then classes and then (every other week) to her mother’s place 1 hour away. In Manhattan this is a nightmare as I need to find parking rapidly on the street, multiple times a day.

A friend offered a solution -... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

It could escalate if anyone is interested (after all you are in NYC) and Criminal Possession of a Forged Instrument seems applicable, which is an A misdemeanor.

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

1 Answer | Asked in Criminal Law, Family Law and Animal / Dog Law for New York on
Q: I live in my parents' house, and my sister has threatened to take my dog away/surrender him many times. Can she do that?

I got my dog from my aunt and uncle. He's my responsibility from training to vet visits, so on and so forth. My sister doesn't think I'm doing enough to train him, and has made it a point that she wants to get rid of him. We both live in my parents' house, and we both pay to... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

Before turning this into a legal case, speak to your parents, who I am sure will resolve this in little time.

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 and Federal Crimes for New York on
Q: I have fraud in my documents from the bank and servicer The allonge that should be attached to the note

The bank has created documents and backdated some of them I have a few defects

In my documents there was court order that was no adhered to I’m a retired police officer

And I no what I have In front of me is not correct

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Criminal Law for New York on
Q: Can a person be arrested and convicted of possession of a stolen MV and unauthorized use of a MV w/o owners statement?

Regarding NY. Vehicle owner finds his vehicle has been stolen and reports same to the police. The police conduct an investigation and have the vehicle entered into their DMV system as stolen. However no statement/supporting deposition is taken at the time. Later, the vehicle is found and stopped by... View More

Stuart Austin
Stuart Austin
answered on Jan 31, 2023

Arrested yes ——as the police report provides probable cause. Convicted—- no—- as the standard becomes beyond a reasonable doubt at trial.

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

1 Answer | Asked in Criminal Law for New York on
Q: If I'm an hour late turning myself in for my weekend. What will happen

I'm in ny

Stuart Austin
Stuart Austin
answered on Jan 29, 2023

Maybe nothing. They may also refuse to take you. They will probably, however, notify the court. You should notify your attorney so that he can notify the court before the problem arises.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Business Law for New York on
Q: Tightly held family owned company in New York State.Hostile to minority shareholders.Criminal liability for actions?

Only 2 officers held 90% of shares.

Refused documents, Lied about stock agreements, used position to force actions of clear coersion.

Hid wills. Refused stock buyouts, zero dividend for 20+ years.

Used corporate financial capacity and derived income to buy real estate to... View More

Mathew Paulose Jr.
PREMIUM
Mathew Paulose Jr.
answered on Jan 25, 2023

Greetings. You appear to want to know if you can forward your dispute to the police, district attorney, or some other law enforcement agency. Any citizen may forward their conflicts to a law enforcement agency; however, such agencies often will not involve themselves in matters they deem personal... View More

1 Answer | Asked in Criminal Law for New York on
Q: Girl is claiming her boyfriend had text her saying he sells drugs for one of his friends. Can a warrant be made for the

Girl is claiming her boyfriend had text her saying he sells drugs for one of his friends. Can a warrant be made for the friend he's claiming to sell drugs for.

Stuart Austin
Stuart Austin
answered on Jan 24, 2023

The police would need more information than a simple statement from a third party claiming she knows her boyfriend sells drugs to another individual. Most importantly, since it would only be the possession, they would need to prove he possessed an illegal substance.

1 Answer | Asked in Criminal Law for New York on
Q: Ok? How can I prove someone is waking me up every 2 hours also how can I prove to the court that I’m in pain daily

I can not prove my pain but I know I am getting hit with a frequency that is doing this to me. Can you help please and I know who is in control of this but I can not prove it

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2023

Perhaps you do not have the tools, scientific training, and investigative skills to prove who targeted you but an expert surely knows how to identify your tormentor and expose the demented scheme to the satisfaction of a court and Law Enforcement.

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.