Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kristen Epifania
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... View 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.

View More Answers

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... View 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.

2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on
Q: Can a 16 yr old be arrested in NYS for hitting his father? The cops have not and it has happened twice now. They say it

Is a domestic matter. What does that mean? What about me? Is it ok for him to hit me too? If we defend ourselves then we will be arrested?

Kristen Epifania
Kristen Epifania
answered on Dec 5, 2018

Yes, a 16 year old can be arrested for hitting his father. Anyone, for that matter, can be arrested for hitting another individual as that is assault. The victim can file a complaint at the local precinct, and can also go to family court to ask for an order of protection if they want to avoid the... View More

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: Altercation with bf & I initially signed waiver to press charges and then 2 months later Signed rebuttal. Help

I don’t want to see him in jail. It was a one time offense. He was drunk and I was angry and emotionally and pregnant at the time I decided to sign the rebuttal. What are my options. I told da I don’t want to testify to grand jury and I want to move forward with my bf. What can I do?

Kristen Epifania
Kristen Epifania
answered on Nov 29, 2018

You are under no obligation to speak with the DA and cooperate, unless they issue a subpoena. You can express to the DA that you do not want to go forward with the case and you should also speak with your boyfriend’s attorney to let them know as well. His attorney is in the best position to use... View More

2 Answers | Asked in Criminal Law for New York on
Q: I've been charged with PL 155.25 as a first-time offender for an amount under $50. What offers can I get?

I'm a foreigner (Australian) visiting family and I'm here on the ESTA visa. Can I get any plea offers without appearing court?

Kristen Epifania
Kristen Epifania
answered on Dec 5, 2018

You've been charged with petit larceny, a class A misdemeanor. While defendants almost always have to appear in court for the first appearance date, it is possible for an attorney to speak with the DA's office on your behalf prior to the court date to see if there is a way to have the... View More

View More Answers

1 Answer | Asked in DUI / DWI for New York on
Q: Am I entitled as a Defendent a copy of my pre sentence report? I. Am pro se

Whats the difference between the two?

Defezndent or defendent whos pro se?

I know pro se is being your own lawyer.

Im mean as it regards the p.s.i.?

Ill fire my public def just so i can have what i want..cpl 390.50

Kristen Epifania
Kristen Epifania
answered on Nov 20, 2018

You are entitled to a copy of your paperwork, whether you are a pro se defendant or if you are represented by an attorney.

1 Answer | Asked in Criminal Law for New York on
Q: My mom had parole 15 yrs ago she was going but stop after her parents was sick she is only one taking care of them both

I think charge was for drugs what can we do with out her being arrested she had changed her life she is working and finished college she has custody of one of her grandkids

Kristen Epifania
Kristen Epifania
answered on Nov 20, 2018

Your mother should speak with a criminal defense attorney about her case. Absconding from parole is taken very seriously and there could be significant consequences. Every case is different, so knowing more about your mother's original case/sentence/reasons for absconding would be helpful in... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Why would a sentencing hearing be moved and what does it mean to have a "terminate hearing"?

A friend of mine who I am no longer in contact with pleaded guilty to a fairly serious federal felony last summer. His PSIR took place last month and along with an attachment (title "Supplement plea agreement") is still sealed. His sentencing hearing was scheduled for next week but on... View More

Kristen Epifania
Kristen Epifania
answered on Nov 20, 2018

A sentencing hearing can be moved for many reasons - for example, the Judge's calendar has a conflict or an attorney involved in the case needs to reschedule for their own reasons.

2 Answers | Asked in Criminal Law for New York on
Q: What is the lowest amount of time a person can serve with this charge if they have a prior violent felony.

Does the person qualify for programs?

Kristen Epifania
Kristen Epifania
answered on Nov 15, 2018

There is no charge listed with your question. However, as a general answer, a prior violent felony on your record can increase the amount of time on your sentence.

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: Can my parents press charges against my 18 year old boyfriend and can he go to jail?

My boyfriend is 18 while I am 15. He turns 19 a month after I turn 16 and is 2 years and 10 months older than me. I read somewhere that in the state of New York, the age of consent is 15 if your partner is no more than 3 years older than you, according to Romeo Juliet law.

Kristen Epifania
Kristen Epifania
answered on Nov 11, 2018

The age of consent in New York is 17, so your boyfriend can face criminal charges if there is sexual contact between the two of you.

2 Answers | Asked in Identity Theft for New York on
Q: If I use my husband's Amazon account and credit card without his knowledge, is this technically a form of ID theft?
Kristen Epifania
Kristen Epifania
answered on Nov 20, 2018

If you did not have authority to do so, then you can be charged with multiple crimes, one of which could be identity theft.

View More Answers

3 Answers | Asked in Criminal Law and Sexual Harassment for New Jersey on
Q: Will a person who turned himself in get charged for sexual assault even if the victim doesn’t press charges?

A person I know turned himself in for sexual assault but the victim didn’t press charges. Can the state still prosecute him even if the victim isn’t pressing charges?

Kristen Epifania
Kristen Epifania
answered on Nov 15, 2018

Yes, the state can still decide to go forward with charges. However, the case against the defendant will not be as strong if the victim is not cooperating.

View More Answers

1 Answer | Asked in Sexual Harassment for New York on
Q: I've been harassed by a guy I met online trading texts - what are my options here?
Kristen Epifania
Kristen Epifania
answered on Nov 1, 2018

You can file a report with the police and potentially get a restraining order and/or bring criminal charges against the individual.

1 Answer | Asked in White Collar Crime for New York on
Q: Does the federal government have sole authority to investigate white collar crimes or can state governments get involved

too?

Kristen Epifania
Kristen Epifania
answered on Nov 1, 2018

Crimes can be prosecuted on both the federal and state levels.

1 Answer | Asked in Domestic Violence for New York on
Q: Does emotional abuse count as "domestic violence" in New York?
Kristen Epifania
Kristen Epifania
answered on Nov 1, 2018

Emotional abuse can be considered domestic violence. However, if you are speaking in terms of criminal charges, then the threshold is not quite the same as physical abuse.

1 Answer | Asked in Domestic Violence for New York on
Q: Domestic violence stranglation charge

Mother of my kids has charged me with domestic violence and strangling she has sent me a text stating she had to lie in order to move back in with her mother will this help me and will this hurt her in the long run

Kristen Epifania
Kristen Epifania
answered on Nov 1, 2018

Yes, this can certainly help your case. Save the messages and show them to your attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.