Question 1

Can I Be Arrested for Carrying a Pocket Knife in New York?

Accepted Answer

In New York, carrying a pocket knife isn’t automatically illegal — but it depends on the knife and how it’s carried. The law focuses on intent and blade type. A small folding knife used for work or utility purposes is generally fine, but if the blade opens automatically, is over 4 inches, or you’re carrying it in a way that suggests it could be used as a weapon, you could face arrest.
Police and prosecutors often look at context — for example, whether you had it clipped to your pocket in public, or if there were other circumstances suggesting it might be used unlawfully. Even a legal knife can become a problem if it’s carried in a “menacing” manner.
If you’ve been charged with possession of a weapon or arrested over a pocket knife, it’s important to speak with a New York criminal defense attorney right away. An experienced lawyer can help determine if the arrest was lawful and whether the charge can be reduced or dismissed.

Question 2

What Is the Child Support Cap for 2025 and When Will It Change?

Accepted Answer

In New York, the child support income cap for 2025 is $183,000. This cap represents the maximum combined parental income that courts typically apply when calculating basic child support under the Child Support Standards Act (CSSA).
This amount is reviewed and updated by the state every two years to account for inflation and changes in the cost of living. The next adjustment is expected in March 2026, when a new cap will take effect.
Even when parents earn more than the cap, courts may still order support on income above that limit depending on the child’s needs, the parents’ resources, and other case factors.
If you have questions about how the 2025 child support cap may affect your payments or modification request, it’s best to speak with a New York family law attorney familiar with current CSSA calculations.

Question 3

Can a Child Be Questioned by Police Without a Parent in New York?

Accepted Answer

Many parents are surprised to learn that in New York, police can question a child between the ages of 7 and 15 without a parent or guardian present. However, there are additional legal protections for minors that do not apply to adults. When a child is arrested, the officer must immediately notify a parent or legal guardian (or the person the child lives with if no guardian is available) that the child has been taken into custody.
Police must also inform the child that they have the right to request a parent be present during questioning. The interrogation must take place in a location suitable for juveniles, and the entire process—including Miranda warnings, notice of rights, and any waiver—must be video recorded.
Courts pay close attention to whether a parent was notified and if the child truly understood their rights. If police fail to follow these steps, any statements made may be ruled inadmissible in a Juvenile Delinquency proceeding.
If your child has been questioned or arrested, it’s critical to speak with an experienced New York juvenile defense attorney who can review the case, ensure procedures were followed, and protect your child’s rights from the very beginning

Question 4

Does It Matter How I Interact With the Police Officer if I Am Pulled Over in New York?

Accepted Answer

Yes, it can make a big difference. In fact, your attitude toward a police traffic stop New York may directly impact how your case is handled later. While your legal rights don’t change, officers often note your behavior in their reports and may communicate it to the prosecutor. If you are respectful and cooperative, you’re less likely to face unnecessary difficulties. On the other hand, if you are argumentative or disrespectful, that may be passed along and it could hurt your chances of receiving a favorable plea offer in court.
That doesn’t mean you should give up your rights. You still have the right to remain silent beyond providing license, registration, and insurance, and you don’t have to admit guilt. But staying calm, respectful, and professional goes a long way. Prosecutors and judges see cooperation as a sign of responsibility, and it can influence how your case is resolved. If you’ve been ticketed, consulting with a traffic attorney can help you understand both your legal options and how to approach the court process for the best possible outcome.
Your attitude toward police traffic stop New York doesn’t change the facts of the case, but it can shape how the prosecutor handles it.
If you’ve been ticketed, speaking with an experienced New York traffic attorney can help you protect your rights and work toward the best possible result.

Question 5

My Child Hasn’t Seen the Other Parent in Years—Can My New Husband Adopt My Child in New York?

Accepted Answer

In New York, a stepparent adoption is possible, but it’s not automatic just because the other biological parent has been absent. Generally, a child’s other parent must either consent to the adoption or have their parental rights legally terminated. If the parent has abandoned the child—meaning no contact or support for an extended period, typically at least six months—the court may determine that consent is not required.
Every case is fact-specific. Courts will look at whether the absent parent has truly failed to maintain a relationship or provide support. If abandonment can be shown, or if the other parent is willing to voluntarily surrender their rights, your new spouse may be able to move forward with the stepparent adoption process. Because stepparent adoptions involve both family law and adoption law, it’s important to consult with an experienced attorney who can guide you through the process and help ensure your child’s best interests are protected.
If you’re considering a stepparent adoption in New York, speaking with a family law attorney can give you clarity on your options and the steps involved. Contact our office today to discuss your situation and take the first step toward securing your family’s future.

Question 6

Do Pensions Only Get Distributed in a New York Divorce If You Were Married for 10 Years or More?

Accepted Answer

A common misconception in New York divorce cases is that pensions are only divided if the marriage lasted at least 10 years. In reality, there is no “10-year rule” for pension distribution in New York. Under state law, pensions earned during the marriage are considered marital property, no matter how long you were married. Even if the marriage lasted only a few years, the portion of the pension earned during that time can still be subject to equitable distribution.
The key factor is when the pension benefits were accrued—not the length of the marriage. Only the portion earned during the marriage is typically divided, while anything earned before or after the marriage is usually considered separate property. If you’re facing divorce, it’s important to understand how pensions, retirement accounts, and other assets might be valued and divided. Speaking with a family law attorney can help you protect your rights and ensure a fair division of your assets.
If you have questions about pensions in divorce, contact our office today to discuss your situation and get clear guidance before you make any decisions.

Question 7

What Happens If You Don’t Respond to a Traffic Ticket in New York State?

Accepted Answer

When you receive a traffic ticket in New York, it’s not just a suggestion to handle it—it’s a legal requirement to respond by the deadline printed on the ticket. Failing to answer a ticket on time can lead to serious consequences. If you ignore the ticket, the court will suspend your license and then make you pay to restore the matter to the calendar so you can resolve the ticket.
A suspension can affect your insurance rates, your ability to drive for work, and even lead to criminal charges if you continue driving without resolving the issue. If you’ve already missed a response deadline or you’re unsure what to do next, it’s wise to speak with an experienced traffic attorney. An attorney can review your case, help you explore options to reopen or fight the ticket, and guide you toward the best possible outcome.
Have questions about your ticket? Reach out today for a consultation and get clear answers before the problem gets worse.

Question 8

What Happens If I Don’t Pay a Traffic Ticket Fine in New York State?

Accepted Answer

Ignoring or failing to pay a traffic ticket in New York can lead to serious consequences. If you miss the payment deadline, the court may suspend your driver’s license—sometimes without further notice. This means even if your ticket seemed minor, driving with a suspended license becomes a criminal offense, which could result in arrest, fines, and even jail time in some cases.
In addition to license suspension, unpaid tickets can lead to late fees, collections, and a negative impact on your driving record and insurance rates. If the ticket is handled by the Traffic Violations Bureau (TVB), your ability to fight the ticket or reduce the penalties may also be limited once the deadline has passed. If you&#8217;ve missed a payment or court date, it&#8217;s important to act quickly. In many cases, a traffic attorney can help you restore your driving privileges and resolve the underlying ticket before it leads to larger problems.

Question 9

Can a Ticket for an Uninspected Vehicle Be Dismissed if I Get the Car Inspected Quickly?

Accepted Answer

In New York—including Orange County—getting your vehicle inspected soon after receiving a ticket for an uninspected vehicle can help your case, but it doesn’t guarantee dismissal. Many local courts in Orange County may consider reducing or dismissing the ticket if you show proof that your car passed inspection shortly after the violation. However, this depends on the specific court and whether you have prior offenses.
It’s important to respond on time and present your documents correctly. A traffic attorney familiar with Orange County courts can help you fight the ticket, avoid fines, and protect your driving record.
If you’ve been ticketed for an uninspected vehicle in Orange County, contact us today for a free consultation. We’ll review your case and help you work toward the best outcome.

Question 10

How Old Does a Child Need to Be for Child Support to End in New York?

Accepted Answer

In New York, child support generally ends when the child turns 21 years old, not 18 as many people assume. This rule applies unless the child becomes emancipated earlier—meaning they are self-supporting, married, or in the military.
It&#8217;s important to note that even if your child turns 18 and graduates from high school, you are still legally required to pay support until they reach 21 unless a court determines that emancipation applies. Child support may also continue beyond 21 if agreed upon in a divorce settlement or separation agreement (for example, to cover college expenses).
If you&#8217;re unsure whether your support obligation has ended—or believe your child may be emancipated—contact us today. We can help you understand your rights, review your court order, and file a petition to modify or terminate support if appropriate.

Question 11

Can You Seal a Criminal Record in New York?

Accepted Answer

Yes, you can seal certain criminal records in New York—but eligibility depends on the type of offense and your criminal history. Under New York Criminal Procedure Law §160.59, individuals with up to two convictions (only one of which may be a felony) may apply to have their records sealed 10 years after their sentence or release from custody, whichever is later. However, not all crimes are eligible. For example, violent felonies, sex offenses, and serious felonies are excluded from sealing.
Sealing your record means it won’t show up on most background checks, giving you a better chance at employment, housing, and other opportunities.
If you&#8217;re wondering whether your record can be sealed, contact us today for a free consultation. We’ll review your case and help you take the next step toward a clean slate.

Question 12

After my New York Driver License is Suspended How Do I Get it Back?

Accepted Answer

If your New York driver&#8217;s license has been suspended, the first step is understanding why. You can find this information on your suspension notice or by logging into the DMV’s MyDMV portal. Common reasons for suspension include unpaid tickets, driving without insurance, or alcohol-related offenses. To begin the reinstatement process, you must resolve the issue that caused the suspension, whether that means paying fines, submitting documents, or completing a court-ordered program.
After meeting all requirements, you’ll need to pay a suspension termination fee—usually $50, or $100 for drug- or alcohol-related violations. Depending on your case, your license might be reinstated automatically, or you may need to reapply and possibly retake certain tests.
To confirm your status, log in to MyDMV or request a copy of your driving record. If you&#8217;re unsure about your situation or facing a complicated suspension, it’s smart to consult a traffic attorney who can guide you through the process and protect your driving privileges. Contact an experienced New York traffic lawyer today for a free consultation and get the help you need to get back on the road.

Question 13

Understanding the Two-Hour Rule in New York DWI Cases

Accepted Answer

If you&#8217;re facing a DWI charge in New York, one important detail to be aware of is what&#8217;s known as the &#8220;Two-Hour Rule.&#8221; This rule requires that law enforcement administer a chemical test—typically a breath, blood, or urine test—within two hours of when you were last seen operating the vehicle. The purpose of this rule is to ensure that test results accurately reflect your blood alcohol concentration (BAC) at the time you were actually driving. Alcohol levels in the body change over time, and the two-hour window helps prevent misleading or unreliable results from being used in court.
In some situations, officers may attempt to justify delays—such as if there was an accident or if you were taken to a hospital—but if the test occurs outside the two-hour window without valid reason, your attorney may be able to challenge its admissibility. Every DWI case is unique, and small details like timing can make a big difference in the outcome. If you&#8217;re unsure how this rule might apply to your situation, it can be helpful to speak with an attorney who is familiar with New York DWI laws and procedures.

Question 14

How Many Points Until My License Is Suspended in New York?

Accepted Answer

In New York State, accumulating 11 points on your driving record within an 24-month period can lead to a suspended license. Points are assigned by the DMV for various traffic violations—like speeding, reckless driving, and texting while driving—and they can quickly add up. Even minor infractions can have major consequences if they occur too frequently.
Beyond the 11-point rule, your license can also be suspended if you receive three speeding tickets in 18 months, regardless of how many points each one carries. For junior drivers under 18, just one serious traffic offense or two lesser violations can result in a suspension. These rules are strictly enforced and can affect your ability to work, commute, or maintain affordable insurance.
If you&#8217;re nearing the point threshold or have recently received a traffic ticket, taking a defensive driving course may reduce up to 4 points and lower your insurance premiums. However, points still remain on your record, and in some cases, legal help is the best option to protect your license.
Facing a possible suspension? Don’t wait. Our experienced New York traffic attorneys know how to fight tickets, reduce points, and help you avoid a license suspension. Contact us today for a free consultation and get the skilled legal support you need to stay on the road.

Question 15

How long will my license be suspended in connection with a DWI?

Accepted Answer

If you&#8217;re charged with a DWI in New York, your license could be suspended. The length of your suspension will depend on factors like your blood alcohol concentration (BAC), whether you have any prior offenses, and if you refused a chemical test. First-time offenders often face a 6-month suspension, while aggravated DWIs or multiple offenses can lead to a suspension of 1 year or more. Refusing a breathalyzer typically results in an automatic 1-year suspension under New York’s Implied Consent Law.
Losing your license can be overwhelming, but you may have options. Depending on your circumstances, you could qualify for a hardship license that allows you to drive to essential destinations like work or school. If convicted, completing New York’s Impaired Driver Program (IDP) could make you eligible for a conditional license with limited driving privileges. Each case is unique, and understanding your rights is essential.
The best way to protect your driving privileges is to take action quickly. An experienced New York DWI attorney can review your case, challenge your suspension, and explore every legal option available. Don’t wait — contact us today for a free consultation and get the support you need to move forward.

Question 16

Are Radar Detectors Legal in New York?

Accepted Answer

If you&#8217;re driving in New York, you may wonder whether using a radar detector is legal. The short answer? Yes, but with restrictions. While private vehicles can legally use radar detectors, commercial vehicles over 10,000 pounds are strictly prohibited from using them. If you&#8217;re a truck driver or operate a commercial vehicle, getting caught with a radar detector could lead to fines, penalties, and even CDL points—jeopardizing your ability to drive professionally.
Beyond commercial restrictions, radar jammers—devices that actively interfere with police radar—are completely illegal in New York and could result in criminal charges. Additionally, even if you legally use a radar detector, improper placement (such as mounting it on your windshield) could lead to a ticket for obstructing your view.
If you&#8217;re facing a ticket related to radar detector use—especially in a commercial vehicle—don’t take chances. Traffic violations can have serious consequences, including license suspension and financial penalties. Speaking with a New York traffic attorney can help you understand your rights, fight unjust fines, and potentially reduce or dismiss penalties.

Question 17

Should You Plead Guilty to a No Insurance Ticket in New York?

Accepted Answer

If you’ve received a No Insurance ticket in New York due to a lapse in coverage, you may be tempted to plead guilty and move on. However, doing so can lead to severe legal and financial consequences. A conviction results in an automatic one-year revocation of both your driver’s license and vehicle registration, making it illegal to drive during that period. Additionally, the New York DMV imposes a civil penalty, and the court can issue fines ranging from $150 to $1,500. You may also face skyrocketing insurance rates or even difficulty obtaining coverage in the future.
Since New York courts take insurance violations seriously, having legal representation improves your chances of securing a favorable outcome.

Question 18

Should I refuse a breath test/breathalyzer?

Accepted Answer

Refusing a breathalyzer test in New York comes with serious consequences under the state’s Implied Consent Law (VTL § 1194). If you refuse, your license will be suspended immediately, and you will face a mandatory DMV hearing, where refusal alone can lead to a one-year license revocation (18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers). Unlike a first-time DWI conviction, which may allow for a conditional license, a refusal typically does not. 
Additionally, prosecutors can use your refusal as evidence of guilt in court, meaning it does not guarantee avoiding a conviction. While some people refuse to prevent the prosecution from obtaining a BAC reading—especially if they believe they are well over the limit—officers can still rely on observations, field sobriety tests, and other evidence to charge you with DWI.
In some cases, taking the test might be the better option. If you believe you are close to or under the 0.08% BAC limit, a breath test result could provide leverage for reduced charges or plea negotiations. Additionally, drivers who cooperate with testing may have more options for conditional or hardship licenses if convicted.

Question 19

Can the police search my car without a warrant during a traffic stop for a minor infraction?

Accepted Answer

The police can sometimes search your car without a warrant during a traffic stop, but only under certain circumstances. The police need probable cause to stop you in the first place, but even if the police have probable cause to believe that you committed a traffic infraction, the police can stop you. In the event the police decide that they are going to arrest you, even for a minor traffic violation, the police are authorized to perform a search incident to arrest under the effervescent evidence doctrine. Searches under those circumstances have been upheld. However, the police are often reticent to arrest someone for a traffic infraction and as such, they will require something more, like consent, to search your vehicle. This highlights the importance of remaining respectful and appropriate with police officers during a traffic stop. You will not win na argument with a police officer on the side of the road. Be polite and address your concerns in the courthouse. If you’re in a situation like this, it’s important to remain calm, clearly state your lack of consent if you don’t agree to a search, and consult an attorney afterward to ensure your rights are not violated.

Question 20

Am I abandoning my property if I leave the marital residence because I am fighting with my spouse?

Accepted Answer

Leaving the marital residence during a conflict with your spouse does not mean you are legally abandoning your property. When people refer to abandonment in a Divorce in NY, they are generally referring to the abandonment under DRL § 170 which would form the basis for a court to grant a divorce. Even if abandonment were the reason the court was granting the divorce, the person who left would not relinquish their interest in the home. Your ownership or claim to the property remains intact, even if you are not physically present.
However, it’s essential to communicate your intentions clearly and document your reasons for leaving, especially if you anticipate divorce proceedings or custody disputes. Seeking advice from an attorney can help you understand your rights and responsibilities, as well as guide you in taking the right steps to protect your interests.

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