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Questions Answered by Kristen Epifania

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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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3 Answers | Asked in Consumer Law and Criminal Law for New York on

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 answered on Feb 14, 2019

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 »

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1 Answer | Asked in Criminal Law for New York on

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 »

Kristen Epifania answered on Feb 13, 2019

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 »

2 Answers | Asked in Domestic Violence for New Jersey on

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

Kristen Epifania answered on Feb 4, 2019

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 »

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2 Answers | Asked in Criminal Law for New York on

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

Kristen Epifania answered on Feb 13, 2019

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 »

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3 Answers | Asked in Criminal Law for New York on

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

Kristen Epifania answered on Jan 25, 2019

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 »

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1 Answer | Asked in Criminal Law for New York on

Q: Is destroying someone's property a crime?

Kristen Epifania answered on Jan 22, 2019

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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