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Questions Answered by Kristen Epifania
1 Answer | Asked in Criminal Law for New York on
Q: What's the sentencefor a class D felony charge

Grand larceny in the 3rd

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

The possible sentence will range depending on a variety of factors, including whether you have a prior conviction, what that conviction is for, etc. Speak with an attorney about your specific case facts to get a better understanding of where you stand.

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: Hi I was a. Used of shoplifting and was given a ticket to appear. This not my first time but the first time.

The first time I was plead down to disorderly conduct if I stayed out of trouble for a year. Will i serve jail time this time ?

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

Though jail is not likely, the DA's office will likely take the case more seriously than the previous one since it is not your first arrest. Nonetheless, a non-criminal disposition is still possible. Speak with your attorney and make sure he/she knows about your previous case.

1 Answer | Asked in Criminal Law for New York on
Q: i got charged with 3rd degree theft nd resisting its my first time should i be worried

i took the package and ran into a golf course and hod then gave myself up

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

If this is your first arrest, your attorney should be looking for a non-criminal disposition. However, more details about your case are necessary to have a better understanding of what exactly you're facing. Contact an attorney in the area to discuss the case facts.

1 Answer | Asked in Criminal Law for New York on
Q: Hello..I reside in the state of Florida and I'm trying to find a affordable, good lawyer to represent my son.

My son is incarcerated in the state of New York.it is a criminal case.

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

Where in New York is your son's case? You should contact an attorney and provide your son's information - they should be able to look up his case and can guide you from there.

3 Answers | Asked in Criminal Law for New York on
Q: I need a lawyer to represent my son in new York
Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

Do you know which county your son needs legal help in? You should contact attorneys who practice in the jurisdiction to see if they can assist your son.

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3 Answers | Asked in Domestic Violence, Divorce and Family Law for New York on
Q: How do I defend myself against my wife who wants an order of protection over false claims?

My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... Read more »

Kristen Epifania
Kristen Epifania answered on Oct 4, 2019

If she has already filed a petition for an order of protection, you will have to appear in family court. You should speak with an attorney to go over the specifics of your case, including the issue of her green card, as that can certainly go to her credibility. If you still have the messages she's... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: if i am 18 and my parents press charges on my boyfriend, am i still allowed to talk to him?
Kristen Epifania
Kristen Epifania answered on May 10, 2019

Unless there is an order of protection in place, then you may still talk to him. If there is an order of protection against him in your favor, then any contact with him can get him into further trouble.

2 Answers | Asked in Criminal Law and Sexual Harassment for New York on
Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent
Kristen Epifania
Kristen Epifania answered on May 10, 2019

If you want to pursue criminal action, you can file a complaint with the police. Depending on the case facts, it is possible that the individual will be charged with unlawful surveillance.

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2 Answers | Asked in Criminal Law for New York on
Q: if police come to my house with a warrant and take money can they arrest me ?

a robbery happened and they think I have something to do with it but the day it happened I was at home with my roommate and girlfriend and they already told investigators this

Kristen Epifania
Kristen Epifania answered on May 10, 2019

What do you mean they took money? If there is evidence that you committed a crime, then they may very well arrest you. However, if you have evidence that you were somewhere else at the time of the incident, you should have an attorney relay that information to investigators. Do not make any... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: In New York state how much time do you get for possession of a forged instrument
Kristen Epifania
Kristen Epifania answered on Apr 7, 2019

There are various degrees of this type of crime, so the potential sentence depends on which charge is brought - a misdemeanor exposes you to up to one year in jail, while a felony can carry a potential prison sentence of at least one year.

1 Answer | Asked in Criminal Law for New York on
Q: If I have an order of protection against me and the person I have it against moves out of my house am I able to go home
Kristen Epifania
Kristen Epifania answered on Apr 7, 2019

If the home address is listed on the order, you should go to court to have the order of protection modified.

1 Answer | Asked in Criminal Law for New York on
Q: Can someone’s lawyer just randomly call you and and tell you what your potentially charged with?

The person is saying I’m harrassing her when I never contacted her at all, not once and a lawyer just randomly called me today to tell me I can potentially be charged with stuff if I don’t leave her alone, and I never ever contacted her

Kristen Epifania
Kristen Epifania answered on Apr 7, 2019

Yes, an attorney can contact you but you have no obligation to speak with them. If you believe you are at risk of being accused of a crime, you should contact a criminal defense attorney to discuss the details of the matter. If you are contacted by law enforcement at any point, do not make any... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: It is possible that a petty larceny be considered as a violation and don't affect my record? Is the first time
Kristen Epifania
Kristen Epifania answered on Mar 10, 2019

Petit larceny is a misdemeanor, which is a crime. However, just because you were arrested for petit larceny, it does not mean that you will be convicted. It is very possible to walk away with either a violation or a dismissal, depending on the case facts, especially if it is your first offense.

1 Answer | Asked in Criminal Law for New York on
Q: Is it in the best intrest for a defendent to testify in a retrial with two victims one being murder and one assault?
Kristen Epifania
Kristen Epifania answered on Mar 10, 2019

Many factors go into determining whether it is in the defendant's best interest to testify, it is impossible to simply say yes or no. An attorney can provide you with a better answer when they have more specific details about the case, as well as a better understanding of the evidence.

1 Answer | Asked in Criminal Law for New York on
Q: what is a class A misdemeanor and what can be the consequences?
Kristen Epifania
Kristen Epifania answered on Feb 22, 2019

A class A misdemeanor is a crime that carries a sentence of up to one year in jail. It is less severe than a felony, but nonetheless will leave you with a criminal record if convicted.

1 Answer | Asked in Criminal Law, Employment Law and Immigration Law for New York on
Q: Does a petty larceny will affect me for the rest of my life?
Kristen Epifania
Kristen Epifania answered on Feb 22, 2019

In New York, petit larceny is a misdemeanor that carries a sentence up to one year in jail. If convicted, you will have a semi-permanent criminal record. A petit larceny conviction will, at the very least, remain on your record for ten years, when you will then be able to apply for a sealing if you... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: Am I allowed to continue dating my 16 year old boyfriend of 1 year and 4 months when I turn 18.

I was 16 when we started dating and he was 15.

Kristen Epifania
Kristen Epifania answered on Feb 20, 2019

The age of consent in New York is 17 - this means that if you are currently 17 years old and dating a 16 year old, you can potentially be charged with a sex offense if it is a sexual relationship.

1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for New York on
Q: If i was convicted of a felony as far back as 2011, can an employer see that on a back ground check?
Kristen Epifania
Kristen Epifania answered on Feb 20, 2019

If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.

2 Answers | Asked in Criminal Law for New York on
Q: Does a 22 year old felony conviction show up on an employment background check?
Kristen Epifania
Kristen Epifania answered on Feb 20, 2019

Yes, a felony conviction will appear on a background check. Depending on a variety of eligibility factors, you can apply to have your conviction sealed by the court where you were sentenced. You certainly meet the required time period (ten years) but you will need to determine if it is an eligible... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: False accusation of sexual abuse of minor. Word of minor only. No witnesses or evidence whatsoever.

Arrested. Out on bail. Pay for defense attorney or rely on free legal aid. I do not have much money.

Kristen Epifania
Kristen Epifania answered on Feb 15, 2019

The decision to hire a private attorney or go with a public defender is solely up to you. If you qualify for a court appointed attorney, then you can stick with them, with the understanding that you don’t get to choose who it is - you will have whoever the court assigns. The accusations against... Read more »

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