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Questions Answered by Kristen Epifania
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
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... Read more »

Kristen Epifania
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
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... 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
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
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
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.

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... 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... 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... 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... 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 »

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