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3 Answers | Asked in Criminal Law for New York on
Q: I have been told that I will be served a subpoena to testify as a witness in a criminal case if I never receive the

Subpoena do I have to appear

Benjamin Ostrer
Benjamin Ostrer answered on Jan 25, 2019

You do not have to appear if you do not receive a subpoena. A witness must be served a “reasonable” amount of time prior to the date of appearance. It is suggested that service be at least 5 days before the date of the hearing. Assuming you are served, it sometimes is advisable to contact the... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: I got a trespass violation PL 140.05 eventhough I had already left the place and I am not sure how to proceed with this.

After a night of drinking, I ordered and paid for a pizza and after waiting some time I was told the pizza would take longer than expected, i asked to cancel the order and the lady wouldnt do it. She asked me to leave and I answered that I will once she cancelled my order. She called the cops and I... Read more »

Benjamin Ostrer
Benjamin Ostrer answered on Mar 4, 2018

Did the lady refund your money? It doesn't sound like a trespass particularly if it was open to the public. You should be able to get the charge resolved. Since you entered lawfully and left after requested to do so. As the charge is a violation, you should be able to resolve it by speaking... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I drop charges and still keep an order of protection?

The police report was missing information

Benjamin Ostrer
Benjamin Ostrer answered on Dec 31, 2017

The District Attorney can require an order of protection even where a matter is adjourned in contemplation of dismissal ("ACD").

1 Answer | Asked in Criminal Law for New York on
Q: Can I seal a UPM charge in New York State if I plead guilty to it at the time?

I received an unlawful possession of marijuana charge when I was 18. I was young, naive, & scared so I plead guilty to it & paid the fine. Now I am wondering if it is possible to go back to the court & try to have it sealed? I never even had a trial for it. If I had, I strongly think it would have... Read more »

Benjamin Ostrer
Benjamin Ostrer answered on Dec 23, 2017

When someone originally charged with a crime (felony or misdemeanor) resolves the case with a violation or "petty offense" CPL 160.55 requires that fingerprint records and law enforcement records relating to the case be sealed however court records are not sealed. Where the charges are... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Been accused for setting up a fire in a college dorm What should I do and what will they do next?? Can they arrest me?

We had 3 firs in my college dorm last 2 weeks and I put out he last two and the last one it was in my floor(I am an RA) so the police accusing me for setting up the fire and said that I did it because I want to be the hero

But I didn’t do it and they have any evidence against me... Read more »

Benjamin Ostrer
Benjamin Ostrer answered on Nov 19, 2017

You should consult with an experienced criminal attorney in your area. You have a right to decline to discuss the matter with law enforcement since they have adopted an accusatory posture. If the police believe they have enough evidence they can arrest you, but in my experience they will likely... Read more »

3 Answers | Asked in Criminal Law for New York on
Q: I was charged with attempted burglary in the 2nd degree what could be my sentence
Benjamin Ostrer
Benjamin Ostrer answered on Apr 9, 2017

Assuming this is your first offense, burglary in the second degree is treated as a violent felony offense and is therefore an extremely serious charge. For a person with no criminal convictions the minimum is 3 1/2 years in state prison. The maximum is 15 years. State prison is mandatory for a... Read more »

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