New York Criminal Defense Legal Questions

You handled the situation very badly at every turn. First of all, tints are illegal and the shop will not tell you that. Second, you must have two plates on the car. That is the law and you knew it so not having time is just an excuse not a defense. You would have gotten a few tickets and that would have ended the matter, and maybe he would have just given you a warning until you opened your mouth and showed disrespect by implying that he was doing something wrong. To give him an old cliche like 'why don't you go after real criminals' is not going to gain you any points and will infuriate most officers. You need to read a book called The Bachelors Bible. It is a book about how to get what you want in life with communication skills, people skills, and techniques of social science and psychology that work well in many cases to help you to control and manipulate others as opposed to having them control and manipulate you. Retain a good lawyer to get you an ACD dismissal and you will not have a record. Never throw gasoline on a fire and remember you will get more flies with honey than with vinegar (although I could never figure out why you would want flies in the first place).... Read More

Your principal is making a joke. You do not have the right to sue everyone who says or does something that you do not like. He has a right if free speech. We cannot become so P C that we lose the ability to speak to each other or in public as that chills our precious right to free speech that is guaranteed to us as Americans.... Read More

It sounds like the principle,has committed assault - assault when someone causes you to be in fear of bodily harm. Unfortunately in the Astarte of New York, the police do not like to make arrests if the assault is not also accompanied with battery, meaning the principle has to physically assault you in order to have the police get involved. In terms of a Tort action for personal injury, in New York in order to sue you need to have sustained physical injury.... Read More

The police can stop you and request that you produce your ID - they are NOT obligated to tell you the reason for you being stopped. This is because the police need to have the freedom to be able to stop individuals while in the process of conducting investigations, undercover work, and other covert operations. Moreover, an officer might be in the process of apprehending a dangerous criminal and for the safety of the officer, disclosing the fact that the person stopped is under a suspicion of a serious crime, might put that officer's life in danger. For these reasons as well as the safety of the police - they do not need to identify the reason for the stop.... Read More

This depends on if he is an authorized signatory on our account or is joined account holder. Also if you signed the checks as well as past pattern. In all likelihood if he is authorized and the checks are singed by you then you will not be able to bring criminal charges, but you might have recourse via civil litigation.... Read More

You need to hire a criminal defense lawyer. Do not plead guilty. The Judge will not simply dismiss the case but there are ways to get the case dismissed. The store is entitled to seek the $500 civil demand regardless of whether they got the property back. However, I advise my clients not to pay and I write a letter to the store or its lawyer and direct them not to contact my client. That prevents them from contacting you anymore. The police do not have to read you Miranda unless you are in custody and being interrogated. The failure to read Miranda when required results in suppression of statements, not dismissal of the case.... Read More

Even though you are only 17 years old and will most likely be given a break by the court and district attorney (if this is your first arrest) you are still charged with a class "A" misdemeanor which is a criminal offense. You should have a criminal defense attorney who can answer all of your questions and advise you of all of your options.... Read More

There are two types of warrants, one is called a bench warrant, meaning that the party failed to appear at a hearing, and the other one is just a warrant when there simply was a warrant for an arrest - the amount of incarceration will depend on the underlying criminal charges and the original bail terms if any. The party will have to appear before a judge for the new bail terms to be set. After these new bail terms are satisfied, the party should be released. In NYC, the process is lengthy in terms of waiting for all the court paperwork to be completed before a party is finally released from custody.... Read More

This is a personal injury case and is not a criminal matter. The woman who mixed up a guest's breakfast can be sued together with the Hotel because the Hotel is vicariously liable for its employees. The damages here are easy to prove, the eggs are worth $1,000.000. The hotel and the woman need a defense attorney to try and settle this matter out of the court as soon as possible.... Read More