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Questions Answered by Kristen Epifania
1 Answer | Asked in Criminal Law for New York on
Q: Can I be charged with statutory rape with no evidence?

I’m being investigated for statutory rape but the detective doesn’t know that I know I am. They believe I had sex with a 14 year old and I’m 18 but they have no rape kit no evidence and it’s been about a month and two weeks since I was told by the 14 year old what’s going on?

Kristen Epifania
Kristen Epifania
answered on Nov 1, 2018

Yes, you can still be charged even if there is no rape kit evidence. If you believe you're being investigated, you should contact a criminal defense attorney immediately.

4 Answers | Asked in Criminal Law for New Jersey on
Q: I was taken in Walmart stating I wasn’t scanning items and got arrested. Items was worth around $280. Is that jail time?

I would like to know if this is going to cause a fine and this is my first time? Or this can be a jail time? I am really afraid.

Kristen Epifania
Kristen Epifania
answered on Nov 15, 2018

If this is your first offense, jail time is not likely. Speak with a criminal defense attorney about resolving this with a non-criminal disposition, or possibly with a dismissal.

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: How long do we have to press charges?
Kristen Epifania
Kristen Epifania
answered on Nov 15, 2018

The length of time will depend on the offense charged. However, in regards to the strength of the case, it is always best to file charges sooner rather than later.

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2 Answers | Asked in Federal Crimes for New York on
Q: Should I always have my attorney present whenever I meet with a probation officer?
Kristen Epifania
Kristen Epifania
answered on Nov 20, 2018

An attorney is typically not present during every meeting with your probation officer. However, it depends on the circumstances. If you already have an attorney, speak with him/her about why you're meeting with your PO and you'll be told if you need an attorney.

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1 Answer | Asked in Criminal Law for New York on
Q: Does my 16yr old son need a lawyer if I’m going to drop disorderly conduct charges?
Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

If your son has been arrested, then he should have an attorney. It is not up to you to drop the charges, that is up to the District Attorney's Office. An attorney can speak with the DA regarding dismissing the case.

1 Answer | Asked in Criminal Law for New York on
Q: It there a pro bono or low cost organization that provide legal representation.

I was arrested for lewd behavior in PENN Station and given a DAT, but I didn’t engage in any lewd behavior. I was wrongfully arrested.

I’m looking for a pro bono organization or low cost law firm. I have no criminal record nor have ever been arrested. I’m an undocumented immigrant .

Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

Every firm has their own fees, you can call to estimate what each will charge you. If you can't afford to hire an attorney, then the court will assign an attorney to you on your appearance date, at no cost to you.

1 Answer | Asked in White Collar Crime for New York on
Q: Do I report embezzlement to police or some other agency?
Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

If you are the victim of a crime, you can report it to the police.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: What are the next steps after my husband is arrested (against my wishes) for a DV misdemeanor (taking my cell phone)?

Queens, NY The detective has been harassing us, sending fake wanted fliers (for grand larceny???) to his cell phone and intimidating him to turn himself in although no charges were made and no crime was committed. No violence whatsoever, the argument got heated and I told the cops he took my cell... View More

Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

Once your husband is assigned an attorney, you should speak to him/her to express that you do not want to go forward with the case. At this point, you have no obligation to speak with the District Attorney's Office and you are free to tell them that you do not wish to go forward with the case.... View More

2 Answers | Asked in Criminal Law for New York on
Q: Can I have a felony conviction sealed?
Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

Certain felony convictions are eligible for sealing under New York law. Eligibility depends on factors like whether it is a violent felony conviction, if you have been in trouble since the conviction, if it is a sex offense, etc. Contact an attorney to discuss your specific case details.

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3 Answers | Asked in DUI / DWI and Traffic Tickets for New York on
Q: I am facing a dwi in ny. Montgomery county. I was in the process of moving to georgia. Will i be extradited back to ny
Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

There is no guarantee of anything, but it is not likely that you would be extradited for this type of case. However, a warrant will be issued if you fail to appear in court and you will have to return to New York in order to resolve it.

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2 Answers | Asked in Federal Crimes for New York on
Q: Can I be convicted twice for the same crime if one charge is in state court and the other federal?
Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

Yes, state court and federal court are two different jurisdictions.

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: Can I drop domestic violence charges on my 16yr old son. He was asked to go live with his dad multiple times and refused

He laughed and got verbally and physically aggressive and was destructive. He did not hurt me. I had him arrested. He now resides with his dad and we have a court date on his birthday. I don't want to ruin his future with an arrest record.

Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

It is ultimately up to the DA's office to drop the charges. You can, however, express to the DA that you no longer want to pursue the case, and can thereafter cease speaking with them. You should also speak with your son's attorney about what you want, as he/she may be able to better use... View More

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3 Answers | Asked in Criminal Law and Employment Law for New York on
Q: Have a misdemeanor, but was never convicted. Looking for a job and employer a doing background check.

Hello, I am a college student and when applying for an internship or a job, employer will do a background check.

This has held me back from receiving any offers. I can't even get jobs at major retail stores or contract work for Uber.

I have one misdemeanor, which was 3 years... View More

Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

If you have a misdemeanor on your record, then that means you were convicted of a misdemeanor. If you're unclear about what exactly you have, you can get fingerprinted and go over your RAP sheet with an attorney. Misdemeanor convictions are permanent criminal records, however it is possible to... View More

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2 Answers | Asked in DUI / DWI for New York on
Q: What would the consequences be if I refused a Breathalyzer?
Kristen Epifania
Kristen Epifania
answered on Oct 24, 2018

Your license can be suspended or revoked by the DMV. A refusal can also negatively impact your criminal case. If you have a pending case, you should speak with an attorney about the specific details of your case in order to better understand the potential outcomes.

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