Questions Answered by Kristen Epifania
Q: if i am 18 and my parents press charges on my boyfriend, am i still allowed to talk to him?
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.
Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent
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.
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
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 »
Q: In New York state how much time do you get for possession of a forged instrument
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
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?
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
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 »
Q: It is possible that a petty larceny be considered as a violation and don't affect my record? Is the first time
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?
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?
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?
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 »
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.
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?
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?
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 »
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.
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 »
Q: My daughter was caught shoplifting, she’s an18 year old college student. What will happen to her? Court date is feb 28
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.... Read more »
Q: I was arrested for domesticincident with current gf but I have all the marks and bruises. Can I just claim self defense?
I'm guessing I could have her arrested after the fact for assult or something but she has little children at home and o don't want to do that. I just need this to go away and would appreciate any input. I have details and specifics if you need them.
My biggest issue is that I make over the... Read more »
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... Read more »
Q: How to get a domestic violence charge thrown out if the victim is willing to drop the charges?
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... Read more »
Q: I recently stole 850 dollars from my jobs as a cashier and I left the premises immediately will I be going to jail
Also will I make my problem worst if I evade arrest
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... Read more »
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
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... Read more »
Q: Is destroying someone's property a crime?
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.
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