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Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New York in the United States of America. For questions pertaining to the city use the "new-york-city" tag.
1
vote
Accepted
Can a "legal" type DNA test be conducted in the state of Ney York without a court order?
Yes. Private DNA testing is generally available and lawful throughout the United States.
New York has unique laws surrounding the conditions under which testing may be performed, though. There are sev …
0
votes
Accepted
Is it illegal to record boss verbal assault in New York
New York is a one-party consent state, meaning that it is legal to record a conversation as long as one party to that conversation consents.
Unless you're subject to a contract prohibiting recording, …
3
votes
Volunteer Labor Union in New York State
Yes.
The formation of a labor union -- or virtually any other group -- is permitted by the First Amendment, which protects your right to associate with other people and your right "peaceably to assem …
8
votes
Late responses in lawsuit, how to forestall the court from allowing it
Trial courts generally have extremely wide latitude in managing their dockets, so you can ask the court to disallow the filing, but you're not on very strong grounds, legally. Regardless of the opposi …
1
vote
Can a restaurant make me pay 18% tip in the US
You will probably not be surprised to learn that the dining customs in your home country don't have much bearing on the laws of New York. There probably isn't a "right law" that discusses this specifi …
3
votes
Are Michael Cohen's False Statements About the Law Grounds for Disbarrment?
Cohen has ethical problems, but this is probably pretty far down the list.
If he were lying about the law, though, that could be treated as a violation of Rule 4.1 of the New York Rules of Profession …
70
votes
Can I get a DUI in my wheelchair?
new-york-state
No.
New York's DUI law forbids the operation of a motor vehicle when your "ability to operate such motor vehicle is impaired by the consumption of alcohol", but it defines "motor vehicl …
9
votes
How do executives pay themselves $1 per year without running afoul of minimum wage laws?
Under the Fair Labor Standards Act, employers are generally required to pay a minimum wage of $7.25 an hour.
But under 29 U.S. Code § 213, many employees are exempted from this requirement. For Elon M …
2
votes
Can I contact this man's probation officer?
May you contact his probation officer? Yes, the First Amendment protects your right to contact the government to complain about your grievances, even if the government cannot or will not resolve them. …
5
votes
What is the legal status of intimate photos sent to your (now) ex-partner after a break-up?
The copies of the photo that you gave to him continue to be his. He is allowed to keep them, and there is probably no way that you could legally compel him to delete or destroy them. Unless the pictur …
0
votes
Is this hearsay?
We don't yet have enough information to say whether this is hearsay or whether it is admissible. Even among lawyers, a hearsay analysis is tricky, so I'm not surprised you're getting such loopy and in …
1
vote
Accepted
Public procurement laws or regulations similar to HIPAA or PCI?
I've done quite a bit of digging through GSA regs and don't see anything indicating that such rules exist. The various portals for relaying such information to GSA don't indicate that there's any kind …
9
votes
Would there be legal implications in the US to modifying a real vaccine card with fake info?
You say "absent additional legal restrictions on modifying such documents," but why are you assuming that absence?
There are indeed additional legal restrictions on modifying such documents. The first …
15
votes
Why are charges sealed until the defendant is arraigned?
In a normal case, it is not merely the contents of the indictment that are secret, but also the very fact that an indictment exists.
This level of secrecy surrounding grand jury proceedings is a pract …
3
votes
Justice delayed
Ask a lawyer to consider moving for a dismissal based on a violation of your right to a speedy trial.