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New York Federal Crimes Questions & Answers
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
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
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... View 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
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... View More

Michael David Siegel
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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1 Answer | Asked in Criminal Law, Education Law, Federal Crimes and Sexual Harassment for New York on
Q: A friend of mine has accused a fellow student whom she was dating of sexual assault at her school.

There was a hearing scheduled this week. However, the person who assaulted my friend has now responded by accusing my friend of sexual assault in turn. I have not told anyone this, but I was also assaulted by the same person who assaulted my friend and has now acused my friend. Should I go to the... View More

V. Jonas Urba
V. Jonas Urba
answered on Aug 24, 2017

You should discuss this with a civil rights lawyer. Your question deals with harassment on school property and many facts that you should not post here should be analyzed such as public versus private school, what the school knew or should have known and details of the assault.

These are...
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1 Answer | Asked in Federal Crimes and Libel & Slander for New York on
Q: Upon counter suing for alleged grand larceny, could you use a name of a person and get them involved?

For example; "you're suing me for stealing money but Bob has been stealing from you for years!"

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 12, 2017

That sounds irrelevant. 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 credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Federal Crimes for New York on
Q: How are the laws governing criminal law on the federal level different from state criminal laws?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 10, 2017

That question needs a book-sized answer. 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 credentials, awards, honors, testimonials, and media appearances/... View More

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: My husband just got arrested for 220.09 FC (CRIM POSS CONTROL SUBST C Felony is there any chance he will get out
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

What are the possible defenses? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for New York on
Q: If i am to pay someone for a credit card but havent yet and there was no document signed, can they take me to court?

I found an add on criagslist. Talked to a guy who said he can get me credit card. I was suppose to pay him but HR at my job had some issues releasing my paycheck he has now got a detective and lawyers ,so he says, involved and there was no document signed, just an agreement over email. does he have... View More

Michael David Siegel
Michael David Siegel
answered on Jun 16, 2017

I think you are being scammed. If you gave your bank and/or social security number to this guy, put a fraud alert on your credit report now, and tell your bank. No one gets a credit card this way.

1 Answer | Asked in Federal Crimes for New York on
Q: Is there any issue with buying a gun and taking it across state lines?
Ali Shahrestani,
Ali Shahrestani,
answered on May 16, 2017

It depends on the type of gun and the state at issue. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Sexual Harassment for New York on
Q: What will happen when a minor is charged with four felony charges?

I was involved in a sexual assault, and he is now being charged with 4 felony charges. I believe he was charged with , child pornography , distribution of child pornography , rape and I'm pretty sure There's another thing, I'm not sure. Yesterday he was arraigned in court. What does... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 12, 2017

If convicted, his sentence depends on his prior history of convictions. He needs a great lawyer.

See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
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1 Answer | Asked in Federal Crimes and Identity Theft for New York on
Q: Who should I contact when my credit report shows fraud accreditations and the IRS tells me about w-2s that aren't mine.

I have a pretty good idea on who it is. Only 3 people knew it and they are all my family.

Michael David Siegel
Michael David Siegel
answered on Feb 14, 2017

File a fraud report with each credit bureau, and a criminal complaint with the DA in your county.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Is falsifying info in court and on a charge sheet illegal?

My ex has been charged with assault. They're charge sheet has a typo in the first name and the wrong birthday. There is no way this was an accident. It's either an effort to avoid a criminal record or to not show up to court and then say that they are not the person they are looking for.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

If a person lies in court intentionally, that can be considered perjury. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New York on
Q: Why are a lot of illegal immigrant criminals still here after doing their time? Especially felons!

I asked if a friend I knew will get deported after doing time for 2 yrs money laundering (drug related) and i get "are you kidding me" from an attorney, as if America is not already harboring illegal immigrants who are felons who did NOT get deported! If they were deported, why do they... View More

Andrew M. Stengel
Andrew M. Stengel
answered on Feb 8, 2017

Do you have a legal questions? Sounds more like you want to hear yourself write/talk.

1 Answer | Asked in Civil Rights, Federal Crimes and Internet Law for New York on
Q: If I exchanged fully clothed pictures with a 44 year old women in Craigslist can I be arrested
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

I see no legal violation in your stated facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Apersonlieand saidI assaulted them so policebeencoming l by my home everydaywhatshould I do?How much time dothey Haveto
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... View More

1 Answer | Asked in Business Law and Federal Crimes for New York on
Q: Hi Lawyers,If we purchased a list and bulk-mailed in NY only, are we in any danger of breaking any laws?Thanks

Our company is considering an email campaign for a promotion in NY, Company is registered in NY. New York has anti-phishing laws only as you know. How does the can-spam act come into play in this case? These would be B2B emails with options to purchase a product.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

You'd have to comply with the anti-spam laws, of course. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Civil Rights for New York on
Q: Can you be tried in a criminal case D felony without a lawyer?

18 months going to court, 25 + appearances, 5 appointed attorneys, most requested release for various reasons, all releases granted by judge, days before trial started. Was informed I would be representing myself on the day trial started upon arrival to court house. Is this typical? I made the... View More

Andrew M. Stengel
Andrew M. Stengel
answered on Jan 29, 2017

You do have a right to an attorney at trial. But it seems like you've had many attorneys. At some point a judge may believe that a person is changing attorneys to delay a case. But ordering a person to trial without an attorney seems extreme.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I'm from NYC, it is past my probation release date, I attempt to contact my PO and no response. What can I do?

I was given a specific date of my probation release and it is now past that date. I have attempted to contact my PO via text, email, and phone but I never get a response. What further legal action can I take?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

Contact their supervisor for a response to your question. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Federal Crimes and Probate for New York on
Q: My grandfather died, had recent will which stated daughter and son split his estate 50/50. Son presented an older will.

My question is we can't find the recent will but know there was one. Could we fight it in court, even if the son started to probation an old will?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

You'll need evidence of the recent will to file it in Court. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More

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