Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is this legal is this double jeopardy

1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply...
View More

1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Can we get security deposit back?

My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2024

Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I file a complain about Landlord refusing to return deposit

And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2024

In New York, tenants have several options for filing complaints against landlords outside of court actions:

1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR....
View More

1 Answer | Asked in Criminal Law for New York on
Q: if i’m accused of petit larceny and the person accusing me goes to the police is a warrant issued?

i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More

1 Answer | Asked in Criminal Law for New York on
Q: 2b felonies for "giving" a c.i.an opiate for free.led to a house search warrant .the search took 2 months to execute

They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

Your lawyer can try to suppress the evidence by having a suppression hearing.

To suppress evidence found during a search of a house, the defense attorney may argue the following points:

1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This...
View More

1 Answer | Asked in Real Estate Law and Probate for New York on
Q: When home is condemned who secures it?

My sister’s home was condemn she had lived with two other people who did elderly abuse on her. They were supposed to have taking care of her but they did not. The house went to hell. My sister died from them not giving her medicines. I live an hour away, was not able to get to the mountains due... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

I'm sorry to hear about your sister's situation and the difficult circumstances you're facing. To address your question about securing a condemned home:

1. Generally, the property owner is responsible for securing a condemned property. In this case, that would likely be your...
View More

2 Answers | Asked in Criminal Law for New York on
Q: I got an email from google saying information related to my account has been subpoenaed by the FBI

I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: Can a lawyer with a broker license represent a buyer purchasing a home and also do the real estate closing?

I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?

David Marc Deemer
David Marc Deemer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2024

No, someone cannot act as both a real estate attorney and collect a real estate commission on the same transaction as it is a conflict of interest. That said, your father could act as your real estate attorney and collect a finder's fee, assuming that the Seller consents to the finder's fee.

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: Can a lawyer with a broker license represent a buyer purchasing a home and also do the real estate closing?

I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 23, 2024

You should ask your father. Why would you need a broker if you already settled on the property. You need a lawyer to be certain that the seller complies fully with the new Real Property Disclosure statute especially with the new mandatory flood disclosure.

View More Answers

1 Answer | Asked in Traffic Tickets for New York on
Q: I received two tickets in 2022 and the court date has been postponed 4+ times. Do I still have to go?

As the title suggests, the court has postponed my hearing more than 4 times. I submitted my evidence the day it happened. Are the points still valid? Did they ever take away the points from my license? If there comes a date when they don't postpone it, do I still have to go to court? How long... View More

Zev Goldstein
Zev Goldstein
answered on Jun 23, 2024

Are the points still valid? Points go on your record only, and only if you are convicted by plea, trial, or default.

Did they ever take away the points from my license? DMV maintains a lifetime record. However, the public record only maintains the points for four (4) years.

If...
View More

Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:

1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities...
View More

View More Answers

Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More

View More Answers

1 Answer | Asked in Health Care Law and Landlord - Tenant for New York on
Q: Can a landlord work with the broker to chase me from the property ? bc of a disability?

I'm displaced and spent over 8000.00 in hotels, still get harassed, they want me out by tomorrow.....

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

This situation sounds very concerning and potentially illegal. Landlords and brokers are not allowed to discriminate against tenants based on disability. This is protected under fair housing laws in many countries, including the United States.

Some key points:

1. Discrimination...
View More

1 Answer | Asked in Federal Crimes for New York on
Q: When using a federal defender, when should you consider switching counsel?

Asking about switching to another federal defender, not a private attorney

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

When considering switching from one federal defender to another, there are a few key factors to evaluate:

1. Communication issues: If you're having significant difficulty communicating with your current federal defender or feel they are not responsive to your concerns, it may be time...
View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for New York on
Q: Is a redacted police report indicative of a cover up of a crime committed by another?

I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:

1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why...
View More

1 Answer | Asked in Social Security for New York on
Q: I had to apply for Social Security Disability and it was recently approved; although I was told I would not be paid for

the first 5 months? I was then told I could apply for SSI for those months but Social Security is refusing to address the claim? I tried to file an appeal, but still Social Security has refused to follow thru with the claim. What can I do? Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

Based on the information provided, here's an explanation of the situation and some potential steps you could take:

1. Social Security Disability Insurance (SSDI) waiting period:

It's correct that there is typically a 5-month waiting period for SSDI benefits. This means...
View More

3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More

View More Answers

3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Public Benefits for New York on
Q: Mass GL fair hearings doesn't a hearings officer with no prior knowledge have to hear my case otherwise how is it fair

Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:

1. Fairness of the hearing officer:

It's generally expected that a hearing officer...
View More

View More Answers

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.