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New York Civil Rights Questions & Answers
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Civil Rights, Libel & Slander, Civil Litigation, Internet Law and Personal Injury
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Q: Can a streamer instructing their audience to dox and call CPS be grounds for legal action?
An online streamer instructed their audience to use facial recognition software to find information about a person and contact child protective services to remove that person's children. The individual was doxxed online, but it is unclear if CPS has acted. The involved parties were previously... View More 
Tim Akpinar
answered on Jul 13, 2025
answered on Jul 13, 2025
It's possible they could be grounds for legal action. The doxxing and privacy issues aside, an attorney would likely want to know additional details about the nature of statements. If the statements were false, whether or not CPS aced upon them, could give rise to defamation claims. That would... View More
Q: Seeking advice on fighting constitutional rights violations in my boyfriend's incarceration and bail denial.
I need to know how to address my boyfriend's constitutional rights violations since he is being held without bail for 13 months without a preliminary hearing. He faces charges of 1st degree felony gun charge, 2nd degree felony manslaughter, 3rd degree restricted person firearm charge, and two... View More
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Stephen Bilkis
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answered on Jul 12, 2025
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answered on Jul 12, 2025
I'm sorry you're dealing with such a difficult and frustrating situation. When someone is held in custody for an extended period without bail or timely court proceedings, it raises serious questions about due process and the right to a fair and speedy trial.
In New York,... View More
Q: Options for reducing three-tier sex offender registry in New York after 40 years.
I have been on the three-tier sex offender registry in New York for 40 years without any new offenses. I'm interested in understanding the process and options available for seeking a reduction in my registry status. What steps can I take to pursue this, and are there specific legal grounds or... View More
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Stephen Bilkis
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answered on Jul 7, 2025
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answered on Jul 7, 2025
I'm sorry that you have been dealing with the long-term consequences of this situation and are seeking a path forward. In New York, individuals on the Sex Offender Registry may petition for a modification of their risk level designation under certain circumstances, even many years after the... View More
Q: Did NY police violate my rights by not providing medical help after a car accident?
I was involved in a car accident in New York, and I had visible signs of injury. The police did not provide me medical assistance at the scene, and they did not acknowledge my injuries in their report; however, I was later transported to a hospital where I received a medical diagnosis. I also have... View More
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Stephen Bilkis
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answered on Jun 26, 2025
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answered on Jun 26, 2025
I’m sorry to hear about your experience. Being involved in a car accident is already overwhelming, and it can be especially upsetting if the police did not take your injuries seriously or failed to help. In New York, police officers who respond to an accident scene are expected to ensure public... View More
Q: How hard is it to get a change of venue in a misdemeanor case in NY?
I am facing a misdemeanor charge and feel I am not receiving fair treatment due to hate crimes and vandalism directed at me. Law enforcement has not taken any action regarding these incidents. How difficult is it to obtain a change of venue in my case considering these circumstances?
Michael J. McConnell
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answered on Jun 25, 2025
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answered on Jun 25, 2025
Changing venue on a criminal case in New York is very difficult and honestly quite rare. Even in high profile cases with a ton of local media publicity it is tough to get a change in venue. Unless there are truly exceptional circumstances that make changing the venue necessary to ensure that... View More
Q: Accused of theft and drug possession without Miranda rights in Target store.
I was in a Target store when a man accused me of trying to leave with unpaid merchandise. He asked me to follow him to the back of the store. I had items in a cart, which included trolley bags. Store staff checked the cart and took the items. Before they totaled the amount (which was under $200),... View More
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Stephen Bilkis
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answered on Jun 23, 2025
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answered on Jun 23, 2025
Being accused of theft and found in possession of a controlled substance is a serious matter, and it is understandable to feel overwhelmed, especially if you believe your rights were violated. In New York, both the underlying criminal charges and the conduct of law enforcement are important factors... View More
Q: Accused of theft and drug possession without Miranda rights in Target store.
I was in a Target store when a man accused me of trying to leave with unpaid merchandise. He asked me to follow him to the back of the store. I had items in a cart, which included trolley bags. Store staff checked the cart and took the items. Before they totaled the amount (which was under $200),... View More
Marco Caviglia
answered on Jul 9, 2025
answered on Jul 9, 2025
Miranda warnings are only requied if the People intend on using admissions or confessions one makes upon or after being arresed. They do not apply during the "investigatory" stage. If you made no admissions or if they were made to the store security, there is no Miranda issue. The... View More
Q: Can police turn a lawful defense act into a crime when using pepper spray in NYC?
I am 54 years old and was walking my dog in NYC when a man harassed and then attacked me. I defended myself with pepper spray, knowing it's legal under certain guidelines. The NYPD arrived, handcuffed me, and claimed the spray was illegal without investigating. The attacker wasn't... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
It is understandable to feel frustrated and confused after being arrested for defending yourself, especially when you believed your actions were lawful. Your situation raises important questions about self-defense, the legality of pepper spray in New York, and how police determine probable cause... View More
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Civil Rights, Constitutional Law, Civil Litigation and Personal Injury
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New York
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Q: Do I have a strong §1983 case for unlawful search and detention in NY?
On February 2, 2025, in Nassau County, NY, I was detained for over 16 hours by plainclothes officers in an unmarked car outside a restaurant. They searched my vehicle without consent, failed to provide Miranda rights, denied my prescribed medication, and prevented me from contacting a lawyer... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
I’m sorry to hear about what you experienced. If the facts you describe are accurate and supported by evidence, you may have a basis to pursue a civil rights lawsuit under 42 U.S.C. § 1983 for violations of your constitutional rights. Section 1983 allows individuals to sue state actors,... View More
Q: Facing third degree assault charges for using pepper spray in self-defense, arrested in NYC. Legal help needed.
I live in NYC and while I was walking my dog, a man began to harass and then attacked me. I defended myself with pepper spray, which I believed to be legal in New York State. However, the police arrested me, claiming pepper spray is illegal, and I received a desk appearance ticket for third degree... View More
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Stephen Bilkis
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answered on Jun 21, 2025
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answered on Jun 21, 2025
It is understandable to feel overwhelmed and frustrated after being arrested while trying to defend yourself. Being charged with assault, especially when you believe your actions were lawful, raises serious concerns that need careful legal attention.
In New York, the use of pepper spray is... View More
Q: Facing third degree assault charges for using pepper spray in self-defense, arrested in NYC. Legal help needed.
I live in NYC and while I was walking my dog, a man began to harass and then attacked me. I defended myself with pepper spray, which I believed to be legal in New York State. However, the police arrested me, claiming pepper spray is illegal, and I received a desk appearance ticket for third degree... View More
Michael J. McConnell
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answered on Jun 21, 2025
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answered on Jun 21, 2025
I’m really sorry that you are going through this. You should strongly consider consulting with a criminal defense lawyer immediately. Even though the arraignment (first court date that is indicated on the DAT) might be a couple weeks away, it is often beneficial in cases like this to have a... View More
2 Answers
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Civil Rights, Libel & Slander, Internet Law and Personal Injury
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New York
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Q: Legal recourse for unredacted personal info in police report affecting safety in NY
I was the complainant in a pornography-related charge in May 2022, despite being an adult. My personal information, including my address and phone number, has not been redacted from the police report, and the police have informed me that they cannot redact it. This information is currently being... View More
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Stephen Bilkis
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answered on Jun 17, 2025
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answered on Jun 17, 2025
It is understandable to feel alarmed and vulnerable when your personal information appears in a public record and is then used to intimidate or harm your reputation. In New York, while police reports are generally considered public records, there are circumstances in which certain personal... View More
2 Answers
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Civil Rights, Libel & Slander, Employment Law and Personal Injury
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New York
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Q: How to remove a false missing person's report affecting my employment?
I'm being falsely reported as missing by an abusive family, and the detective has kept the post up for over two months despite me providing screenshots proving I'm safe. I haven't taken legal action yet due to personal circumstances, but the post is causing significant issues with my... View More
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Stephen Bilkis
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answered on Jun 17, 2025
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answered on Jun 17, 2025
It is understandable that you are feeling frustrated and concerned, especially when a false report is affecting your livelihood and reputation. A false missing person’s report, particularly one that remains active despite your efforts to show you are safe, can raise legal and procedural concerns... View More
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Civil Rights, Criminal Law, Immigration Law and Civil Litigation
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New York
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Q: Need advice on legal action for stalking and unauthorized experiment New York
I have been dealing with a stalker who has followed me across different states for multiple years. As a new immigrant in the U.S., I initially didn't know what to do. In 2023, I reported the case to authorities, but they mostly mentioned they couldn't act due to lack of evidence.... View More
Michael J. McConnell
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answered on Jun 4, 2025
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answered on Jun 4, 2025
I’m very sorry that you are going through this. What you have described is serious and can be really scary. Even against powerful individuals, it is possible to get justice and protection.
In general, it can be important to document everything and bring such information to the police. If... View More
2 Answers
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Civil Rights, Criminal Law, Libel & Slander and Personal Injury
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Q: Does an expired order of protection toll defamation statute of limitations in NY?
I was falsely arrested following allegations made by an ex-partner, and she obtained an order of protection against me. The incident involved charges for property damage, initially a felony due to the value of the door, which were dropped to disorderly conduct, and a harassment charge with no... View More
Jonathan R. Ratchik
answered on May 29, 2025
answered on May 29, 2025
An order of protection does not toll the statute of limitations in New York. Under CPLR § 208, a statute of limitations can only be tolled due to infancy or insanity. Regardless, pursuant to CPLR § 215(3), the SOL for defamation (libel/slander) is one (1) year from the date of publication of the... View More
Q: What legal actions can I take to stop daily stalking and damages to my property?
I have been stalked every day for two years, and there has been damage to my car. I have tried calling the police, but the stalkers leave when they see me with my phone. I have pictures of the damages, and I suspect my next-door neighbor is involved, as they seem to call the stalkers when I leave... View More
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Stephen Bilkis
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answered on May 25, 2025
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answered on May 25, 2025
Being subjected to daily stalking and property damage is distressing, and you have the right to take legal steps to protect your safety and your property. In New York, stalking is a criminal offense under Penal Law § 120.45 through § 120.60, with varying degrees based on the severity and context... View More
Q: Police search smoke shop and home, seize items, post address online. Legal rights?
The police obtained a search warrant for my smoke shop, claiming I was selling unlicensed items, and extended the search to my home, which is one hour away. They found nothing but took my personal money, paperwork, and phone. There were no receipts given. They arrived with guns, causing my wife to... View More
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Stephen Bilkis
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answered on May 23, 2025
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answered on May 23, 2025
I’m sorry to hear about what you and your family experienced. In New York, law enforcement officers conducting searches must follow strict procedures governed by both state and federal law. When a search warrant is executed, the police must limit their actions to what is authorized by the warrant... View More
2 Answers
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Civil Rights, Criminal Law, Workers' Compensation, Civil Litigation and Personal Injury
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New York
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Q: Seeking legal advice on pressing charges and pursuing $20 billion settlement for stalking and injuries in NY.
I have been experiencing ongoing stalking and disturbances from Jackie Lynn Jenkins and her husband Joseph, who are living next to my home in Jamaica, Queens, NY. This situation has been occurring since 2014, and I have video evidence documenting their actions, including a recent incident involving... View More
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Stephen Bilkis
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answered on May 22, 2025
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answered on May 22, 2025
I’m sorry to hear about the ongoing issues you have been facing. If you are experiencing persistent stalking and harassment in New York, there are both criminal and civil legal avenues you can explore to seek relief and accountability.
From a criminal law perspective, stalking is a... View More
Q: Is notarized guardianship with incorrect address legal?
I had temporary guardianship of my grandson and his half-sister a couple of years ago. Child Protective Services (CPS) placed them back with my daughter and her boyfriend. In March, I was granted temporary guardianship of my grandson, which was supposed to last until August 30th of this year.... View More
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Stephen Bilkis
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answered on May 18, 2025
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answered on May 18, 2025
I understand your concern about your grandson's safety and the confusion surrounding the guardianship paperwork. In New York, the legality of a notarized guardianship document generally depends on whether it was properly executed, which includes being signed by the parties involved and... View More
Q: Banned and arrested at Walmart, facing court despite recent surgery. How to proceed?
I was shopping at Walmart using self-checkout where an employee assisted me, and my cousin was bagging the groceries. As we were leaving, store staff accused me of not paying for my items, verbally banned me, and called the police. I was taken to jail, had to post bond, and now have a court date.... View More
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Stephen Bilkis
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answered on May 18, 2025
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answered on May 18, 2025
I am sorry to hear about what you have experienced. Being accused of theft, arrested, and dealing with the stress of criminal charges while recovering from surgery can be overwhelming. In New York, it is important to understand both your legal rights and the best way to address the accusations you... View More
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