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New York Federal Crimes Questions & Answers

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on

Q: If my probation officer said I can't visit an inmate a year ago is it possible she could change her mind?

Will I never be allowed to visit an inmate while on probation or could she change her mind

Gary Kollin answered on Aug 14, 2019

There is no harm in asking or filing for a waiver

2 Answers | Asked in Banking, Federal Crimes and Identity Theft for New York on

Q: I was a victim of identity theft. bank where card was opened is refusing to send me documents I am legally entitled

Is there any legal recourse? The bank has been dishonest multiple times, I have by mail requested the application which they approved in my name (spelled incorrectly and wrong mothers maiden name etc) and they are refusing to send me the application. According to government websites they cannot... Read more »

Michael David Siegel answered on Jul 21, 2019

The bank is right. If the card was canceled you have no damages. If you made a police report, then the police investigate the account, not you. The bank records are not yours, by your own allegation. You can sue and do a subpoena, but I am not sure what the suit would be claiming.

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2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Federal Crimes for New York on

Q: What did you major in for your BA/BS? Was it a BA or BS? When did you know you wanted to be a lawyer?

I just switched my education path to Political Science and wondering where I can take it

Gary Kollin answered on Jul 7, 2019

This not a legal question

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1 Answer | Asked in Contracts, Criminal Law, Federal Crimes and Public Benefits for New York on

Q: Who to go to for former corrupt customs admin decades ago with valid evidence of drug smuggling operations whistleblowin

Friend worked for former border patrol, customs enforcement and secret service for Carter and Ford and has photos and documents of his involvement in drug enforcement operations, and a former boss was suppose to turn in narcotics and arrest those involved yet turned around and gave it back and did... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Unfortunately--even if everything you said is 100% true--there is nothing anyone can do about it today. Why? Because of the extremely, long period of time that has elapsed between the time of the drug-related issues (late seventies) and now.

1 Answer | Asked in Federal Crimes for New York on

Q: How can I find public record of my boyfriends past federal case?

Gary Kollin answered on Apr 15, 2019

Contact the clerk of the court where he was prosecuted. If don't know that District then you can contact pacer.org.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on

Q: How can l get an application for a certificate for good conduct. To be honest l don't know the correct terms.

I have a felony dating back to 1999, l am trying to get a promotion at work, but my past is keeping me from achieving my goals.

Michael Arbeit answered on Apr 1, 2019

Depending on what the felony convictions was for and any other past criminal history, you may be eligible to seal that conviction pursuant to CPL Section 160.59. You should consult with an experienced criminal defense attorney in regard to this matter.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on

Q: Can anyone else sign a court order other then the ordering judge.

I'm a pro sae litigator as I have had to take my "family" court case to the federal court. Administrator Joan Posner ( family court is in fact a private for profit contract business.) How can I file a lawsuit against

Ali Shahrestani, Esq. answered on Feb 4, 2019

Who else signed the order? Was it a magistrate or judge pro tempore (they are able to sign orders)? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for New York on

Q: I got beat up, aresst was made my tooth is chipped my neck is swollen I can’t hear well out of my left ear small and ex

Trying to figure out where to go about getting money for medical bills pain and suffering and missed work, it’s been 4 days and I’m going back to er as I’m getting dizzy can’t hear well or swallow and ringing I’m ears and head pain

Ali Shahrestani, Esq. answered on Jan 2, 2019

You can report the crime to the police, and if the attacker is found guilty you may receive certain funds from the defendant as part of his/her criminal sentence. You may also be able to sue the attacker for civil damages. More details are necessary to provide a professional analysis of your issue.... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for New York on

Q: Why would a sentencing hearing be moved and what does it mean to have a "terminate hearing"?

A friend of mine who I am no longer in contact with pleaded guilty to a fairly serious federal felony last summer. His PSIR took place last month and along with an attachment (title "Supplement plea agreement") is still sealed. His sentencing hearing was scheduled for next week but on friday there... Read more »

Kristen Epifania answered on Nov 20, 2018

A sentencing hearing can be moved for many reasons - for example, the Judge's calendar has a conflict or an attorney involved in the case needs to reschedule for their own reasons.

2 Answers | Asked in Federal Crimes for New York on

Q: Should I always have my attorney present whenever I meet with a probation officer?

Gary Kollin answered on Oct 26, 2018

Why don't you talk to your attorney about that?

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2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on

Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?

This is about a real estate fraud case ,where a person who had 2 lawsuits against them 1 for fraud sold a building that was not solely theirs to a developer corp,who then used their attorneys to help the person who commited fraud to force a win that ended up hurting the victim of multiple crimes... Read more »

Derek John Soltis answered on Oct 24, 2018

You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.

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2 Answers | Asked in Federal Crimes for New York on

Q: Can I be convicted twice for the same crime if one charge is in state court and the other federal?

Gary Kollin answered on Oct 6, 2018

Yes. However the Supreme Court is deciding whether to overturn the separate sovereign rule this term

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1 Answer | Asked in Federal Crimes for New York on

Q: Why is violent carjacking considered a federal offense if it's only committed in a single state?

Gary Kollin answered on Sep 1, 2018

Third question by same person. Time for you to start talking with your lawyer

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on

Q: Can we get marry and leave together while still on Parole and after finishing the D V class or P.O. can still said no?

I am on Parole and due to a call my fiance made during the beginning of our relationship, my loudness due to hearing problems I was not aware of got her scare. We have been living together before for 3 years.the reason I am on parole is because I left NY to go with her to NC with out permission,... Read more »

Aubrey Claudius Galloway answered on Aug 28, 2018

It really depends on whether or not there is a TPO in place and, more importantly, whether the stairway provision has been struck from the TPO or not. If it has not, a lawyer can easily make a motion in the Family Court to have to stay away provision taken out of the order so U2 may stay together.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for New York on

Q: Can minors be punished for viewing child pornography? If so, what are the punishments?

Matthew Williams answered on Jul 10, 2018

In theory yes, though cases with minors that do not involve spreading the stuff around are rare.

1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for New York on

Q: Why aren't fed agents prosecuted for violation of nys penal law sect.190.26 when they weare clothes saying POLICE

Samuel C. Breslin answered on Jan 24, 2018

Under the statute, police officers AND federal law enforcement officers are permitted to identify themselves as such. Only people who PRETEND to be police or federal law enforcement officers are violating the statute. Even for regular citizens (i.e. non police/feds) simply wearing a shirt that says... Read more »

1 Answer | Asked in Federal Crimes and Immigration Law for New York on

Q: My wife facing agravated identity theft she got her citizenship during the identity theft course can she loose her citzn

Leonard R. Boyer answered on Dec 10, 2017

Yes, if she is being charged with identity theft she is facing deportation. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on

Q: if i shoot someone in self defense with a unregistered gun in nyc?

if i work for a business that deals with cash over 10k cash a day in NYC, and i in self defense shoot someone with a unregistered firearm in self defense, will i go to jail or what are the consequences.

Lee A. Koch answered on Oct 24, 2017

It depends. You can go to jail, and you can be charged with possession of an unlicensed firearm. Furthermore, you can be charged with a litany of offenses from the shooting. Self defense is merely an affirmative defense that can excuse the shooting, but doesn't guarantee it. I recommend you... Read more »

1 Answer | Asked in Federal Crimes for New York on

Q: Is there any leniency regarding mail fraud charges if the defendant is a minor and didn't understand the seriousness of

their actions?

Lee A. Koch answered on Oct 19, 2017

Yes. It can cause a reduction in the sentencing guidelines.

2 Answers | Asked in Banking, Business Law and Federal Crimes for New York on

Q: Can a business retain any portion of stolen money, innocently received?

A NY retailer received $20K in credit card payments, and as a direct result, spent $10K in shipping. Only after, it was discovered the $20K was fraudulent. She is ready+willing to return the $20K. But this leaves her with a loss of $10K. Can she compel the bank or payment processor to make her... Read more »

Michael David Siegel answered on Sep 27, 2017

No. You owe the money back. There are criminal issues here too. Make a payment plan.

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