FAQ (Frequently Asked Questions)
Below you will find actual questions asked by people on the AVVO Website and on Mr. Tormey’s Website, followed by Mr. Tormey’s Answers to those Questions.
Question:
Can my house be wire-tapped without a warrant being shown to me?
Mr. Tormey’s Answer:
Wiretapping, or the secret listening to and recording other people’s telephone conversations, is a legal and effective investigative technique used by law enforcement when investigating certain crimes. It is only legal, however, if certain requirements are met by the investigators and the prosecuting agency.
The rules which must be met before “wiretapping” will be permitted are set forth in Article 700 of the Criminal Procedure Law.
First, it is important to know the difference between “wiretapping,” also known as electronic surveillance and the secret recording of people by an undercover police officer or witness. When one of the parties to the conversation consents to be recorded, no warrant is necessary. That is the situation when a person agrees to wear a recording device or allows the police to listen in on their phone.
The situation is different, however, if the police or law enforcement personnel seek to record private conversations of people who do not consent to being recorded. In this second situation, the police must obtain a warrant. In this second case, the warrant needed by the police is called an “eavesdropping warrant.” Obtaining an eavesdropping warrant is not an easy task, and the warrant and the warrant application are meticulously prepared and enforced because of the highly intrusive conduct that it permits.
If the police are seeking to record telephone conversations, then the method they employ is often known as “wiretapping.” If the police seek to electronically surveil and record conversations in a room or a car, then the method they employ is often referred to as “bugging” a room with a listening device or a camera.
In any case, where the police are seeking an eavesdropping warrant, secrecy is of utmost importance. If the police were to show you the eavesdropping warrant, you would know they are listening in and so you would purposefully not make any incriminating statements. This would defeat the whole purpose for getting the warrant.
So, to answer your question, no, the police do not have to show you the warrant and indeed, they will not show you the eavesdropping warrant until the conclusion of the investigation or the police determine that they no longer need to keep the warrant a secret.
That said, obtaining an eavesdropping warrant is a complex and challenging task requiring a great deal of supervision. Because of that, it is a technique that is not often used and is usually only employed in situations involving very serious cases.
Question:
Does a police officer need to meter measure the window tint before issuing me a violation?
Mr. Tormey’s Answer:
Unfortunately for you, a police officer does not have to measure the tint with a meter before stopping you and issuing a ticket. A judge may or may not accept his testimony regarding the ability to see inside the vehicle, but that is a question for the judge to decide at trial. The best advice to you would be to hire an experienced attorney who will cross-examine the officer at the trial. Maybe then, the judge will find in your favor, or you might even be able to agree to a lesser charge and save some points.
Question:
How can I obtain court minutes from a hearing I had a few years ago?
Mr. Tormey’s Answer:
The easiest way to get the court minutes from a hearing you had is to contact the lawyer who represented you. That lawyer may have a copy of the minutes in his or her file. If the case is too old and the lawyer does not have the minutes, you can ask the lawyer to order the minutes from the court reporter. Any lawyer can order the minutes for you but they will charge you for their time and the cost of the minutes. But that will be the easiest way for you to obtain the minutes. If you do not want to pay an attorney to help you in this regard, you can always call the court clerk and ask for the name of the court reporter who took the minutes in court. The court keeps a record of the reporter's name for each date the case is on in court. You can then call the court reporter, who will tell you how much it will be to transcribe the minutes and print them out. They will ask for payment in advance, and then they will either email them to you or send them to you. You may have to pay for postage.
Q:
I’m going to be arrested soon for a fraud allegation in NYC . I also have a bench warrant in Suffolk County.
My former employer is accusing me of fraud resulting in $31,500 in theft. I expect to be arrested on this very soon. I have an old case in Suffolk county for a violation of conditional discharge that I have a bench warrant for because I missed the last court date back in 2020. Will I be held when I’m arrested in NYC due to the Suffolk case?
Mr. Tormey’s Answer
As far as the NYC judge holding you in on the Suffolk County Warrant, the answer is, “Yes.” The judge can hold you on the warrant if you are arraigned in NYC.
That does not mean that the judge will hold you in because it depends on the charges and the circumstances of the warrant. The best thing to do is take care of the warrant in Suffolk County as soon as possible. Hire a lawyer now to handle both matters and do not, under any circumstances, talk to the police. Good luck.
Q:
Will the police take payment over Zelle and provide a payment plan?
I was contacted over the phone from the 17th precinct in nyc from a detective who said my number was found in the phone of a missing underage prostitute ( I had visited a site but never met anyone) and then proceeded to have me answer a yes/no series of questions to confirm if I was a “ danger to society “ if I had failed to pass this exam I was to turn myself into the nearest precinct and he would get me if I passed there would be a fine of 5000$ and once I paid that it would be all taken care of. I passed his test and then I was connected to another detective who proceeded to tell me that the fine would be 3500 dollars and that I was allowed to start a payment plan with 10% down. I sent them 100$ since that’s all I had and they said I had till Tuesday to pay the other 250$ then 350 a month until payment was completed of the 3500 and that everything would be taken care of after the fact. I just wanna know if this is normal for cops to do. When I call the number they called from it does go straight to the precinct.
Mr. Tormey’s Answer:
This is a scam. That is not how the police or the justice system works. The police do not set fines, and they do not collect money for fines. Only a court can assess a fine and that can only be done after a person has been found guilty. Then, if there is a fine, the money is paid to the court, not the police. Do not pay any more money. It is a scam.
Q:
Will Ohio extradite me for 2 misdemeanors if I am in NY?
I have an open case in Ohio for assault and DV and I am thinking about just moving to NY so I can go to detox and just move on with my life. If I were to get stopped by NY police would they extradite me all the way back to columbus?
Mr. Tormey’s Answer:
Your idea is not a good one. No one can say for sure what the prosecutors in Ohio might or might not do, but one thing is very possible - if you have a warrant for assault and domestic violence from Ohio, and you come into contact with the police in New York, the New York police may very well lock you up on the warrant. In addition, you could very well stay locked up until the Ohio authorities decide what to do. That is not a good situation. Your best bet is to take care of your case in Ohio by hiring an Ohio lawyer. Once you’ve taken care of your Ohio case, you can get to work on the rest of your life. Good luck.
· Q:
Is jail time mandatory for misdemeanor?
I am charged with Felony Assault 2. It will be dropped likely to Misdemeanor Assault 3. First offense and was an accident and defendant is stating it was an accident as well.
Is jail time mandatory if pleaded down to Assault 3, a misdemeanor in NYC?
Mr. Tormey’s Answer
Jail time is not mandatory for a conviction of Assault in the Third Degree. Assault in the Third Degree is a crime, however, which means you will have a criminal record if you are convicted of that offense. That being said, your sentence will be based on all of the circumstances of the case, including the nature of the assault, your background, and any defenses or mitigating factors you may have. That means, depending on all of the circumstances of the case, your sentence could be a period of incarceration or it could be something else, like probation. Speak to your lawyer before making any decisions so so that you completely understand what the final sentence will be.
Question: What is the statute of limitation on traffic tickets in New York state such as aggravated unlicensed?
Was Given tickets 10 years prior but never went to court, and they arrested me on a warrant for the same
Mr. Tormey’s Answer
Once the tickets are issued, the statute of limitations is satisfied. You were timely charged, and your failure to appear has no effect on whether the charges against you were filed within the time limitations imposed by the law.
In addition, under New York’s Vehicle and Traffic Law, Section 226, the failure to answer the summonses may have resulted in the suspension of your license and maybe even the suspension of your registration, depending on the charges.
Finally, the failure to appear at a hearing may have resulted in a default conviction for the original charges. This could have resulted in points, fines and surcharges which you were then obligated to pay.
If you then fail to pay the fines, that would result in a warrant being ordered for your arrest.
I suggest you get a good lawyer to help you out of the mess you created for yourself.
Good luck.
