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Questions Answered by Kristen Epifania
1 Answer | Asked in Criminal Law for New York on
Q: My friend was arrested and is being charged with harassing a police investigation she was indicted what are the penaltie

She was at a friend's house sleep police knocked on the door she answers the door but didn't let them in because it wasnt her house and not knowing the owner of the house was fighting with her boyfriend and when the police enter the house they arrested her along with the owner of the house they... Read more »

Kristen Epifania
Kristen Epifania answered on Jan 22, 2019

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... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I get domestic violence charges dropped

My boyfriend was charged with harassment 2

I spoke to DA and said I didnt want to pursue it but he said the state is involved so he won't drop charges

Kristen Epifania
Kristen Epifania answered on Jan 22, 2019

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... Read more »

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1 Answer | Asked in Criminal Law for New York on
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
Kristen Epifania answered on Jan 11, 2019

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... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: If you have a order of protection can you be infront the person house
Kristen Epifania
Kristen Epifania answered on Jan 9, 2019

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.

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1 Answer | Asked in Criminal Law for New York on
Q: How much time can you face for these charges Criminal contempt D felony. Burglary 1st B felony. Assualt was E felony
Kristen Epifania
Kristen Epifania answered on Jan 4, 2019

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... Read more »

3 Answers | Asked in Criminal Law for New York on
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.

I am a first grade teacher and a parent dropped off a check in the office that was supposed to be made out for 6 dollars. When I finally got to the bank, it was deposited as 60. I didn't notice until weeks later. This check had sat in my desk and in the Elementary office for weeks before I ever... Read more »

Kristen Epifania
Kristen Epifania answered on Jan 4, 2019

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... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Victim wants to drop a legal case on me and i currently have warrant due to her false statement from mental health.

How can we go about dropping case without having to go to court ? I am a single mom to my twin baby girls and cant afford to go to jail because of false accusations against me ! Victim wants to drop everything due to the fact she admitts being very mentally unstable at the time how can i get help ?

Kristen Epifania
Kristen Epifania answered on Jan 3, 2019

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... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: Can I go to jail an do time instead of paying for the fines then finds would be expunged
Kristen Epifania
Kristen Epifania answered on Jan 3, 2019

If you are supposed to pay a fine and fail to do so, a warrant can be issued for your arrest.

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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: If you have had a past arrest of d.v. And went through all of the court stipulations and the court dropped it.

Can they bring it back up on a new charge of dv? Even thou it was dropped

Kristen Epifania
Kristen Epifania answered on Jan 3, 2019

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.

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2 Answers | Asked in Criminal Law for New York on
Q: Is it possible to prove police set up and how can confidentional informant testimony be reliable

Driving an acquaintance home I was pulled over and removed from vehicle and placed in handcuffs passenger remained in vehicle one officer spoke to passenger then walked back to me and pretended to pull something from my coin pocket

Kristen Epifania
Kristen Epifania answered on Jan 3, 2019

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... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for New York on
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

Trying to figure out where to go about getting money for medical bills pain and suffering and missed work, it’s been 4 days and I’m going back to er as I’m getting dizzy can’t hear well or swallow and ringing I’m ears and head pain

Kristen Epifania
Kristen Epifania answered on Jan 3, 2019

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... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Can criminal contempt of court charges just be dropped by judge?

My ex violated order of protection more than once he turned himself in today and He was released in hrs and I can't find case online anymore does that mean they dropped it? I have so much proof. Hes been charged with 7 other charges I can see those but not the criminal contempt of court 2 charge... Read more »

Kristen Epifania
Kristen Epifania answered on Dec 18, 2018

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.

2 Answers | Asked in Criminal Law for New York on
Q: How much would it be for an attorney services for a person arrested for gang assault in the 2nd

Person has no criminal background other then the pending gang assault charge

Kristen Epifania
Kristen Epifania answered on Dec 10, 2018

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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1 Answer | Asked in Criminal Law for New York on
Q: A friend, coworker, and a neighbor of mine was caught selling drugs directly to an undercover can I be implemented?

We used to take cabs from work together and hang out sometimes after work the investigation started in July and the got him this Tuesday before the holidays ... can I be implemented for being a coworker, neighbor, friend ? I had no idea of his dealings we are just coworkers who smoke some herb... Read more »

Kristen Epifania
Kristen Epifania answered on Dec 6, 2018

It is possible for you to be implicated if the authorities believe you are involved in selling as well. It is also possible for you to be implicated if you were found to be in possession of drugs while they were investigating your friend. However, simply being friends with this person is not enough... Read more »

1 Answer | Asked in Family Law for New York on
Q: Are the police telling the truth?

I was contacted by the police detective who told me that my 15 year old son is being charged with aggravated harassment for making repeated phone calls to someone. They said that because he is a juvenile that they won't physically arrest him but that he needs to come in so that they can issue a... Read more »

Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

You should not allow your son to speak with authorities without an attorney. It is possible that they intend to issue him a family court appearance, but nonetheless he should not speak with police without an attorney.

2 Answers | Asked in Domestic Violence for California on
Q: On a domestic violence restraining order how much history of abuse and damaged property should I meantion
Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

It is important to give the court a clear picture of what has transpired - at the very least, you should include the most recent incident, as well as the first incident, so that the court can understand the history of the abuse.

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1 Answer | Asked in Criminal Law for New York on
Q: I was given a summon under sectio/rule 16-118, what should i do?

with my offense being urinating at the end of a dead end road.

Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

Your summons likely has a court date that indicates when you will need to appear in court. If found guilty, then this offense is a violation and not a crime, and you will possibly have to pay a fine.

1 Answer | Asked in Gov & Administrative Law, Family Law and Business Law for New York on
Q: If my 4 yr old grandson stated his two uncles made him drink beer is that grounds to be removed from my daughters home

My grandson has told his other grandmother that he tasted beer that his uncles forced him to drink beer she went and did a show cause and the judge granted her temp custody. Child protection came and looked around and said nothing seemed like it was unsafe . How can a judge just take my grandson... Read more »

Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

Forcing a child to drink beer can certainly be considered endangering the welfare of a child and can thus be a basis for the petition.

1 Answer | Asked in Domestic Violence for New York on
Q: What are the laws against verbal abuse - can I still call the cops?
Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

You can potentially call the cops if it rises to the level of harassment or threats.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio
Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

The court can assign an attorney to an individual who is financially eligible.

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