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...
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.
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.
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...
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.
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.
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.
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.
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.
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.
Kristen Epifania's answer Most likely, no. The conditions are listed on your actual order, but most orders will state that you must stay away from the individual's home, at the very least. If you are found to be in violation of the order, you can be arrested and charged with a crime.
Kristen Epifania's answer Burglary in the first degree is considered a violent B felony, and as the top charge listed, can carry up to a 25-year sentence. If you are charged with these crimes, you should contact a criminal defense attorney immediately. Sentencing will depend on which charge you are actually convicted of, as well as whether this is your first offense.
Kristen Epifania's answer More facts are needed here. Was the check deposited as $60 through a mistake of the bank, or did you make any changes to the check itself or fill out the deposit slip as $60? You should contact an attorney to discuss the specific details in order to get a better understanding of what kind out outcome you can expect.
Kristen Epifania's answer You should have an attorney contact the detective handling the case. If there is a warrant for your arrest, an attorney can speak with the detective about the victim’s unwillingness to go forward. If a complaint is already made, you very well may have to go through with the arrest and then it is the District Attorney’s office that will negotiate with your attorney to resolve the case. Either way, you need to speak with an attorney because an arrest warrant means you are wanted by...
Kristen Epifania's answer If there is a new allegation of domestic violence, then there can be a new charge as well. Your question is unclear as to what exactly the circumstances are, but you can certainly face new charges if additional allegations are raised.
Kristen Epifania's answer There aren’t enough facts to determine if this was a situation that involved a confidential informant. More details would be needed regarding the circumstances of your arrest, what was pulled from your pocket, etc. You should contact an attorney to discuss your case details to get a better understanding of what you’re facing.
Kristen Epifania's answer If an arrest was made and charges were brought, then there is an assistant district attorney handling your case. You can speak to them regarding the costs of your injuries and whether or not payment for such can be incorporated into a plea agreement with the defendant. If you are looking to file a civil suit, then that is something seperate outside of the criminal case and you would need to contact an attorney to represent you.
Kristen Epifania's answer If he was just arrested, it’s very possible that the system simply isn’t updated yet. It most likely will be in the system tmro. If charges were brought, then it would be up to the DA’s office to dismiss, not the judge.
Kristen Epifania's answer Every attorney has their own fee structure. The best way to determine what an attorney will cost is to speak with that attorney personally about your case. If you can’t afford to hire an attorney, the court will appoint one at no cost to you.
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