Questions Answered by Kristen Epifania
Q: In New York state how much time do you get for possession of a forged instrument
Kristen Epifania's answer
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.
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.
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's answer
If the home address is listed on the order, you should go to court to have the order of protection modified.
If the home address is listed on the order, you should go to court to have the order of protection modified.
Q: Can someone’s lawyer just randomly call you and and tell you what your potentially charged with?
Kristen Epifania's answer
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 statements.
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 statements.
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's answer
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.
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.
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's answer
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.
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.
Q: what is a class A misdemeanor and what can be the consequences?
Kristen Epifania's answer
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.
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.
Q: Does a petty larceny will affect me for the rest of my life?
1 Answer
| Asked
in
Criminal Law, Employment Law and Immigration Law
for
New York
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Kristen Epifania's answer
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 meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.
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 meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.
Q: Am I allowed to continue dating my 16 year old boyfriend of 1 year and 4 months when I turn 18.
Kristen Epifania's answer
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.
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.
Q: If i was convicted of a felony as far back as 2011, can an employer see that on a back ground check?
1 Answer
| Asked
in
Criminal Law, Employment Discrimination and Employment Law
for
New York
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
Kristen Epifania's answer
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.
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.
Q: Does a 22 year old felony conviction show up on an employment background check?
Kristen Epifania's answer
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 crime as well - for example, violent felony offenses will not be eligible for sealing.
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 crime as well - for example, violent felony offenses will not be eligible for sealing.
Q: False accusation of sexual abuse of minor. Word of minor only. No witnesses or evidence whatsoever.
Kristen Epifania's answer
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 you are serious, as is anything that involves a minor, so it is important that you feel comfortable with the attorney you have. Every private attorney has their own fee structure, so it is best to...
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 you are serious, as is anything that involves a minor, so it is important that you feel comfortable with the attorney you have. Every private attorney has their own fee structure, so it is best to...
Q: My daughter was caught shoplifting, she’s an18 year old college student. What will happen to her? Court date is feb 28
Kristen Epifania's answer
If this is her first offense, depending on the amount of items, she will likely receive an ACD with the condition that she completes a short one day shoplifting program. The ACD means that the case will be adjourned for six months and then dismissed and sealed, as long as there are no new arrests. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
If this is her first offense, depending on the amount of items, she will likely receive an ACD with the condition that she completes a short one day shoplifting program. The ACD means that the case will be adjourned for six months and then dismissed and sealed, as long as there are no new arrests. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
Q: I was arrested for domesticincident with current gf but I have all the marks and bruises. Can I just claim self defense?
Kristen Epifania's answer
You could potentially have her arrested, but it may look like retaliation since you have already been arrested yourself. Make sure you take photos of all of your injuries as they will be helpful for your attorney when discussing your case with the DA. The goal would be to avoid a criminal conviction, but if there is an argument for self defense then a dismissal would certainly be favorable.
You could potentially have her arrested, but it may look like retaliation since you have already been arrested yourself. Make sure you take photos of all of your injuries as they will be helpful for your attorney when discussing your case with the DA. The goal would be to avoid a criminal conviction, but if there is an argument for self defense then a dismissal would certainly be favorable.
Q: How to get a domestic violence charge thrown out if the victim is willing to drop the charges?
Kristen Epifania's answer
It is ultimately up to the District Attorney's Office if charges will be dropped, however an uncooperative victim certainly does impact their decision. The complainant should inform the DA that they do not wish to go forward, as well as speak with the defendant's attorney, who is in the best position to use the information to get a dismissal. If this is simply a criminal matter, you should speak with a criminal defense attorney about your specific case facts, and they can give you a better...
It is ultimately up to the District Attorney's Office if charges will be dropped, however an uncooperative victim certainly does impact their decision. The complainant should inform the DA that they do not wish to go forward, as well as speak with the defendant's attorney, who is in the best position to use the information to get a dismissal. If this is simply a criminal matter, you should speak with a criminal defense attorney about your specific case facts, and they can give you a better...
Q: I recently stole 850 dollars from my jobs as a cashier and I left the premises immediately will I be going to jail
Kristen Epifania's answer
While it is possible that you can be arrested if a report is made, it is not likely that you will go to jail. If you are arrested for a misdemeanor petit larceny, then a conviction does carry the possibility of a jail sentence for up to one year, but that is not a likely outcome, especially if it is your first offense. Keep in mind if you are arrested, then you should refrain from making any statements and contact an attorney immediately.
While it is possible that you can be arrested if a report is made, it is not likely that you will go to jail. If you are arrested for a misdemeanor petit larceny, then a conviction does carry the possibility of a jail sentence for up to one year, but that is not a likely outcome, especially if it is your first offense. Keep in mind if you are arrested, then you should refrain from making any statements and contact an attorney immediately.
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
Kristen Epifania's answer
You have to answer to a subpoena if you receive it. Simply being told that you are going to get a subpoena does not mean that you have to appear somewhere, as you would have no information regarding time, date, etc. If you do receive a subpoena, you will have to appear, and you can contact an attorney beforehand to discuss the matter further.
You have to answer to a subpoena if you receive it. Simply being told that you are going to get a subpoena does not mean that you have to appear somewhere, as you would have no information regarding time, date, etc. If you do receive a subpoena, you will have to appear, and you can contact an attorney beforehand to discuss the matter further.
Q: Is destroying someone's property a crime?
Kristen Epifania's answer
Yes, an individual can be arrested and prosecuted for Criminal Mischief, which is a class A misdemeanor in New York. This can have significant consequences, including potential jail time, though each case varies.
Yes, an individual can be arrested and prosecuted for Criminal Mischief, which is a class A misdemeanor in New York. This can have significant consequences, including potential jail time, though each case varies.
Q: My friend was arrested and is being charged with harassing a police investigation she was indicted what are the penaltie
Kristen Epifania's answer
Your friend should contact a criminal defense attorney immediately to discuss the details of her case. It is unclear what the exact charges are, but if there is an indictment then she is facing a felony charge which can have serious consequences. An attorney can go over her specific case details to give her a better understanding of what she is facing.
Your friend should contact a criminal defense attorney immediately to discuss the details of her case. It is unclear what the exact charges are, but if there is an indictment then she is facing a felony charge which can have serious consequences. An attorney can go over her specific case details to give her a better understanding of what she is facing.
Q: How can I get domestic violence charges dropped
Kristen Epifania's answer
It is ultimately up to the District Attorney's office to dismiss the charges against your boyfriend. With that said, you have no obligation to cooperate if you don't want to. If you haven't signed a supporting deposition yet, you can inform the DA that you no longer want to go forward and that you don't intend to sign the paperwork. While the final decision is up to them, it certainly weakens their case if the complainant is not cooperative.
It is ultimately up to the District Attorney's office to dismiss the charges against your boyfriend. With that said, you have no obligation to cooperate if you don't want to. If you haven't signed a supporting deposition yet, you can inform the DA that you no longer want to go forward and that you don't intend to sign the paperwork. While the final decision is up to them, it certainly weakens their case if the complainant is not cooperative.
Q: If i have a order of protection on someone i can stand in front they house in see them in call police
Kristen Epifania's answer
If you have an order of protection against someone, and they are simply inside their home, then it is not going to be considered a violation if you go to their house to merely be in their vicinity. Also, keep in mind, that you going out of your way to find them at their home for the purpose of calling the police will not bode well with a judge.
If you have an order of protection against someone, and they are simply inside their home, then it is not going to be considered a violation if you go to their house to merely be in their vicinity. Also, keep in mind, that you going out of your way to find them at their home for the purpose of calling the police will not bode well with a judge.
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