New York Civil Rights Legal Questions

Yes, they can sign whatever they want. The question really is whether the agreement is enforceable. A minor cannot be bound by an agreement however they are usually bound by public policy to return or refund what they have acquired. Usually this is done when the agreement was entered into under fraud (the minor for instance lies and says he is older than 18). If not, a contract with a minor is rarely enforced but it can be enforced depending on the situation.... Read More

A store has a right to detain a shoplifter (I assume this is what your daughter did)- but only long enough to determine what, if anything, was taken from the store, and then, if the police are called- until the police arrive. At that point the police take over. A store is not allowed to detain anyone for two hours. If you can actually prove that Target employees prevented your daughter from leaving the store for two hours, you certainly have a case against Target. ... Read More

Hi and thanks for writing. Once someone has turned the age of 18, they are completely legally on their own. They are allowed to sleep wherever and whenever they want. It is legally very liberating.  However, just turning 18 is not necessarily evidence that she is legally entitled to be on her own. It is possible that, despite having turned 18, she has been deemed incompetent or unable to take care of herself and thus has a guardian (or parent) appointed to her supervision. These are rare situations, but do occur.  Assuming this is not the case, she is legally allowed to sleep at your house. Of course, her parents are also legally allowed to get upset, threaten to kick her out, etc... Although attending high school at 18 may make her a dubious choice for a mate, it has no bearing on her legal capacity as an adult as far as I know.  Best of luck, Evan H. Nass, Esq.... Read More

Hi and thanks for writing. Since you seem to already know that a record in NYS cannot be expunged, one is left with the option to seal said record. Unfortunately, one can only seal a record if it is a YO offense (youthful offender - committed while under the age of 17) or the case was dismissed or ACD'ed. Typically, if it is dismissed or ACD'ed, the case is sealed along with it, right there and then.  To make sure, go purchase a Certificate of Disposition from the clerk of that court. On it, it will say if the case is dismissed and sealed, or just dismissed.  If it is dismissed and not sealed, you are likely out of luck. You can have the case put back on the calendar, make an appearance and ask the judge to have it sealed. I suppose this can be done. But it is unlikely. Worth a shot if it matters to you that much. That being said, "sealing" a record is entirely reliant on a court clerk. I have seen many "sealed" records completely open and visible to any record search. Humans aren't always perfect and do mess up. I have seen it many many times. So simply getting a record sealed is not a 100% guarantee that it will be.  Hope this helped and best of luck. Evan H. Nass, Esq.... Read More

Hi and thanks for writing in.  Sex with a minor is illegal regardless of whether the minor is "ok with it."  This is called Strict Liability and the adult is strictly liable for the acts done - regardless of the desires of the minor. The theory is that someone who is underage is incapable of making the decision and therefore, as an adult, you abused that authority. It is the same reason why a 15 year old cannot sign a contract to purchase a car (not competent enough to know what they are bargaining for).  So to answer your question - no, there is no way this is legal. Finding a mate ones own age, is likely easier than finding legal loopholes for mates who aren't.  Best of luck. Evan H. Nass, Esq.... Read More

Hi,   Did this incident ocurr in NYC? Did you get arrested for possession?  If the case got dismissed, it is possible that I can help you obtain some money for your damages.  Please feel free to call my office to discuss this further.  Evan H. Nass, Esq. 718-775-3246 Nass & Roper Law, LLP... Read More

I suggest you immediately file a notice of claim against the prison (meaning the state or county which runs it), which must be done within 90 days of the incident for which you are suing. If his glasses have not yet been replaced, this is considered an ongoing violation. The lawsuit must then be filed within 1 year and 90 days from the incident. I assume you have no criminal lawyer- if you cannot afford one you must contact your local Legal Aid Society immediately, to handle the matter of your brother's early release- and immediate protective custody, or at least relocation away from his current cell block. Your brother may have an action for violation of his civil rights for failure of the prison to appropriately respond to the incidents you mentioned- and this would be handled by a civil attorney. He must make a written complaint to the sheriff or warden, and bureau of internal affairs, and local district attorney. This will start an investigation into the incidents, as well as the prison. You didn't mention if your brother received dental work, what his injuries were when he was jumped and whether he received medical treatment- but assuming he did not, that is also actionable.  ... Read More

Under NY law it is a crime to call someone with the intent to harass or annoy (aggravated harassment). Send a letter to the district attorney in the county where she rented from asking them to prosecute the case.  Detail when you told them to stop calling you and cc them on the letter.  The calls will stop immediately.... Read More

At a minimum it's Rape 3 which is a felony.  Off hand I believe it is a Class E which is punishable by either 1 1/3 to 4, or probation, or both.  It would also require sex offender registration.  I handled a case like this in Queens a few years ago and was able to negotiate a misdemeanor non-sex offense.... Read More

Hi, Thanks for your question. In NYC all commercial property is zoned in compliance with serving the public at large without any form of racism or denying service to any protected class of any kind. That being said, an obnoxious customer is not a protected class. If she is causing a disturbance you not only are allowed to kick her out and not let her back in, but you may be able to have her arrested for disorderly conduct.  Regardless, do not make this your last stop as far as legal research is concerned. You are always advised to seek appropriate counsel and I advise you have an attorney on retainer for your business in case any questions do arise in the future.  Thanks, Evan H. Nass, Esq. Nass & Roper Law, LLP... Read More

Hi, Thanks for your question.  It is legal to simply "date" anyone. It is even legal for a 20 year old to marry an under age spouse so long as the judge and the parents approve it.  However, that being said, it is ILLEGAL to have sexual relations with anyone under the age of 17, even if they consent to it.  This is called Strict Liability because you are strictly liable regardless of whether the girl consents to the sexual act.  Please let me caution you that most relationships with 16 year old girls end poorly (how many of us ended up marrying our high school prom dates??) and that is usually when the police are called in. You also have to worry about the parents, who have the right to call the police and have you arrested should they witness, or claim to witness, a sexual act. If this happens (and it almost always does) you are not simply risking a slap on the wrist and a fine. You will be facing severe jail time as the ADA can prosecute you even if the girl does not want you to be punished.  As counsel, I must advise you that you are walking down a very risky path that almost never ends well. Seek women your own age. If you find you have nothing in common with them, seek therapy to find out why. But seeking a 16 year old is almost never going to work out well.  Best of luck.... Read More

Hi, I'm sorry to hear you're going through this. I can't imagine this rising to the level of discrimination as she does have a disability that does in fact not allow her to keep up with the rest of the class. As a private institution, they are likely in their right to suggest she go elsewhere. That being said, to answer your question specifically, you will likely simply need an "advocate."  An advocate is an attorney that will simply be an ally for you and your daughter and help you attempt to get what you need. You will very unlikely find an attorney to take this case contingent (meaning you don't pay unless the attorney gets you something) or pro bono (meaning, for free or for charity) which means you may end up having to pay an advocate to fight on your behalf.  Specifically what you need is an attorney in a "general practice", often found in store fronts or by word of mouth from community members, etc. Of course nothing I said should stop you from trying to get an attorney to take your cases contingent or pro bono.  Best of luck to you and your daughter! Evan H. Nass, Esq.(718) 775-3246Nass & Roper Law, LLP... Read More