New York Criminal Defense Legal Questions

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323 legal questions have been posted about criminal law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
New York Criminal Defense Questions & Legal Answers - Page 11
Do you have any New York Criminal Defense questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 323 previously answered New York Criminal Defense questions.

Recent Legal Answers

Is it possible to get my ticket for possession of marijuana sealed?

Answered 12 years and a month ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I routinely get these dismissed and sealed early. Hopefully your lawyer knows how to do that. If it is not sealed, it will show up on a background search for a year - assuming you can get a marijuana ACD.
I routinely get these dismissed and sealed early. Hopefully your lawyer knows how to do that. If it is not sealed, it will show up on a background... Read More

What can I do to ensure I will not be harassed in college?

Answered 12 years and a month ago by Ronald A. Steinberg (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
Get a lawyer. You may be able to get a personal protection order.
Get a lawyer. You may be able to get a personal protection order.
Absolutely not, any sort of negotiation or offer should always be communicated to the client.  Additionally, a plea is invalid if the client does not accept it.  Now, dont confuse having a "plea deal" with simple negotiation.  The prosecutor will almost always try to negotiate to try to expedite cases.  Attorneys discussing a plea agreement does not mean having one until the client approves it.  Good luck.... Read More
Absolutely not, any sort of negotiation or offer should always be communicated to the client.  Additionally, a plea is invalid if the... Read More

Can I go and drop charges so he doesn't get fingerprinted?

Answered 12 years and 2 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You cannot drop the charges. The DA will decide how it wants to proceed. There are things you can do. I suggest you retain a good criminal defense lawyer for your husband.
You cannot drop the charges. The DA will decide how it wants to proceed. There are things you can do. I suggest you retain a good criminal defense... Read More

What legal steps can I take for my stolen check?

Answered 12 years and 2 months ago by Theodore W. Robinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The answer is you're not left on your own here. The police should accept a Complaint from you for a stolen and fraudulently endorsed check. Nobody can get good title to stolen property, so the bank is responsible as they accepted the check, or vystar is responsible since they accepted the check. They are obligated to check identification before accepting a check. You should call the NYS Banking Commission and make a complaint about vystar. You may want to tell Vystar what you're about to do so they may then take care of it like they're supposed to. Also, if the police won't take your complaint, go to the DA's office and file a complaint there against vystar as well as your employer. As for your employer, they should have stopped payment on the check as soon as you told them their check was stolen and fraudulently negotiated by an unknown person. You may have to report them to NYS Employment Commission or whatever agency takes care of such things. Good luck.... Read More
The answer is you're not left on your own here. The police should accept a Complaint from you for a stolen and fraudulently endorsed check. Nobody... Read More

What are the basic penalties for Unlawful Possession of Marijuana 221.05?

Answered 12 years and 2 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
P.L. 221.05 is a violation, not a crime, punishable only by a fine of not more than $100.00. The Court may also Dismiss the case outright or Adjourn the case in Contemplation of Dismissal under certain circumstances.
P.L. 221.05 is a violation, not a crime, punishable only by a fine of not more than $100.00. The Court may also Dismiss the case outright or Adjourn... Read More

What type of lawsuit should I file for if the judge stated that federal court would be more appropriate?

Answered 12 years and 2 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
You should get an attorney and let him or her figure out the basis for the lawsuit. There could be any number of claims that you have, but only a local attorney will be able to figure it out.
You should get an attorney and let him or her figure out the basis for the lawsuit. There could be any number of claims that you have, but only a... Read More

Should I try to testify at my boyfriendโ€™s preliminary hearing?

Answered 12 years and 2 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It's not clear what kind of Preliminary Hearing you are talking about - in court or at a parole revocation hearing. Speak to your boyfriends lawyer.
It's not clear what kind of Preliminary Hearing you are talking about - in court or at a parole revocation hearing. Speak to your boyfriends lawyer.

What can we do on a probation violation?

Answered 12 years and 2 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A violation of probation (VOP) is like having a new criminal case. If found guilty of the VOP, either after a hearing or by plea, the judge can re-sentence the defendant on the original case. That re-sentence could be a jail sentence. It is recommended that the defendant be represented by a criminal lawyer for this proceeding.... Read More
A violation of probation (VOP) is like having a new criminal case. If found guilty of the VOP, either after a hearing or by plea, the judge can... Read More

How much should a citizen settle if one encountered police brutality by use of excessive force and verbal abuse?

Answered 12 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Are they offering you anything? If not, then your question is way premature. If they do offer you anything, then you should settle for what you can get, but I don't know what that is.
Are they offering you anything? If not, then your question is way premature. If they do offer you anything, then you should settle for what you can... Read More
I assume that you are referring to a conviction after a guilty plea. it is rare for anyone to waive a right to appeal for a  conviction after  trial. 
I assume that you are referring to a conviction after a guilty plea. it is rare for anyone to waive a right to appeal for a  conviction after... Read More

How long can a school hold on to a confiscated phone?

Answered 12 years and 2 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
Need more information to answer. Is the school public or private? What is the school policy for phone use? Why was it taken from you? Did you receive proior warnings about your conduct? I am sure the school had good reason.
Need more information to answer. Is the school public or private? What is the school policy for phone use? Why was it taken from you? Did you... Read More

How long can a school hold on to a confiscated phone?

Answered 12 years and 2 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
As long as the school applies the rules to all students equally, you will just have to wait until June. When they tell you to either leave them in you locker or to leave them turned off, they mean it.
As long as the school applies the rules to all students equally, you will just have to wait until June. When they tell you to either leave them in... Read More

What should I do or say to the judge to have a chance at not having theft charge on my record or at least have it expunged?

Answered 12 years and 2 months ago by John J. Carney (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
For a first offense you should be able to get a Disorderly Conduct or ACD dismissal if you retain a good lawyer unless you are in some small town court where they do not offer good pleas on a first offense. Make better decisions in the future as having a criminal record will ruin your future.... Read More
For a first offense you should be able to get a Disorderly Conduct or ACD dismissal if you retain a good lawyer unless you are in some small town... Read More

Can my son be considered a sex offender for sharing a naked picture someone sent to him?

Answered 12 years and 2 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
Yes, he can.
Yes, he can.

Can I travel overseas with a pending summons for Section 140.05 if I will be back from overseas before my court date?

Answered 12 years and 3 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There is a small chance you would not be allowed to re-enter if you are not a US citizen. A lawyer can probably advance the case for you and maybe even get it dismissed.
There is a small chance you would not be allowed to re-enter if you are not a US citizen. A lawyer can probably advance the case for you and maybe... Read More

What can I do if a wrong venue was cited on my summon?

Answered 12 years and 3 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The summons is not defective. Brooklyn pink summons cases are heard at 346 Broadway in Manhattan. I handle these all the time. If you hire a lawyer you do not have to appear yourself.
The summons is not defective. Brooklyn pink summons cases are heard at 346 Broadway in Manhattan. I handle these all the time. If you hire a... Read More

Can I be charged with theft if I was only picking up a truck after a wheel alignment?

Answered 12 years and 3 months ago by Michael J. Breczinski (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
No. You were moving the vehicle in the course of your employment.? This is not theft.
No. You were moving the vehicle in the course of your employment.? This is not theft.

Can I be charged with theft if I was only picking up a truck after a wheel alignment?

Answered 12 years and 3 months ago by Victor Knapp (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
If your company's position is that you had no consent to drive the vehicle, you could be charged with unauthorized use of a motor vehicle. The company who owns the truck can also take the position that they knew the truck was being picked up but they weren't aware of your license status and therefore they are entitled to the truck back immediately... Read More
If your company's position is that you had no consent to drive the vehicle, you could be charged with unauthorized use of a motor vehicle. The... Read More

Can you have someone prosecuted for getting on Facebook without your permission?

Answered 12 years and 3 months ago by Georges Herman Shers (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Criminal Defense
To have someone prosecuted, them must commit a crime and the police must feel it serious enough for prosecution. ?I think they would consider this a "civil" wrong and not criminal. You can call the local police and see if they will do anything.
To have someone prosecuted, them must commit a crime and the police must feel it serious enough for prosecution. ?I think they would consider this a... Read More

What is the punishment for robbery category b?

Answered 12 years and 3 months ago by Mr. John A. O'Leary (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
If found guilty of armed robbery it carries 10 30 years (violent offense).
If found guilty of armed robbery it carries 10 30 years (violent offense).