Questions Answered by Kristen Epifania

Q: False accusation of sexual abuse of minor. Word of minor only. No witnesses or evidence whatsoever.

2 Answers | Asked in Criminal Law for New York on
Answered on Feb 15, 2019
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...

Q: My daughter was caught shoplifting, she’s an18 year old college student. What will happen to her? Court date is feb 28

3 Answers | Asked in Consumer Law and Criminal Law for New York on
Answered on Feb 14, 2019
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.

Q: I was arrested for domesticincident with current gf but I have all the marks and bruises. Can I just claim self defense?

1 Answer | Asked in Criminal Law for New York on
Answered on Feb 13, 2019
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.

Q: How to get a domestic violence charge thrown out if the victim is willing to drop the charges?

2 Answers | Asked in Domestic Violence for New Jersey on
Answered on Feb 4, 2019
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...

Q: I recently stole 850 dollars from my jobs as a cashier and I left the premises immediately will I be going to jail

2 Answers | Asked in Criminal Law for New York on
Answered on Feb 13, 2019
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.

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

3 Answers | Asked in Criminal Law for New York on
Answered on Jan 25, 2019
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.

Q: Is destroying someone's property a crime?

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 22, 2019
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.

Q: My friend was arrested and is being charged with harassing a police investigation she was indicted what are the penaltie

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 22, 2019
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.

Q: How can I get domestic violence charges dropped

3 Answers | Asked in Criminal Law and Domestic Violence for New York on
Answered on Jan 22, 2019
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.

Q: If i have a order of protection on someone i can stand in front they house in see them in call police

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 11, 2019
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.

Q: If you have a order of protection can you be infront the person house

2 Answers | Asked in Criminal Law for New York on
Answered on Jan 9, 2019
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.

Q: How much time can you face for these charges Criminal contempt D felony. Burglary 1st B felony. Assualt was E felony

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 4, 2019
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.

Q: I am being accused of altering a check from 6 dollars to 60. The check sat in a mailbox for weeks before I touched it.

3 Answers | Asked in Criminal Law for New York on
Answered on Jan 4, 2019
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.

Q: Victim wants to drop a legal case on me and i currently have warrant due to her false statement from mental health.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Answered on Jan 3, 2019
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...

Q: Can I go to jail an do time instead of paying for the fines then finds would be expunged

2 Answers | Asked in Criminal Law for New York on
Answered on Jan 3, 2019
Kristen Epifania's answer
If you are supposed to pay a fine and fail to do so, a warrant can be issued for your arrest.

Q: If you have had a past arrest of d.v. And went through all of the court stipulations and the court dropped it.

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Answered on Jan 3, 2019
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.

Q: Is it possible to prove police set up and how can confidentional informant testimony be reliable

2 Answers | Asked in Criminal Law for New York on
Answered on Jan 3, 2019
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.

Q: I got beat up, aresst was made my tooth is chipped my neck is swollen I can’t hear well out of my left ear small and ex

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Answered on Jan 3, 2019
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.

Q: Can criminal contempt of court charges just be dropped by judge?

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 18, 2018
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.

Q: How much would it be for an attorney services for a person arrested for gang assault in the 2nd

2 Answers | Asked in Criminal Law for New York on
Answered on Dec 10, 2018
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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