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Questions Answered by Elena Fast
1 Answer | Asked in Criminal Law on
Q: how do i go about getting a no contact order dropped

a close friend was recently accused of sending threats of social media to my family after this person was arrested and released on bail there is a no contact order against me.

Elena Fast
Elena Fast answered on Nov 18, 2020

You should contact the prosecutor in charge of your case and tell them that you do not want a no-contact order.

2 Answers | Asked in Criminal Law for New York on
Q: Is it illegal to refuse a blood test while pulled over if an officer suspects drug use?

Pulled over while on a prescribed medication that caused anxiety and shakiness. Officer that pulled me over searched my car and requested a blood test.

Elena Fast
Elena Fast answered on Nov 14, 2020

It is not illegal to refuse a blood test when you are pulled over and officer suspects drug use. Unless you consent to the blood test, the officer is only able to obtain a warrant for your blood sample if you caused a fatality. Were you charged with a crime?

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2 Answers | Asked in Criminal Law for New York on
Q: Charged with grand larceny for taking a wallet left in a store want me to plead to felony 5 years po and pay 190 restit

My question how can they prove that there was 190 dollars in wallet and how is that grand larceny?

Elena Fast
Elena Fast answered on Oct 28, 2020

Grand Larceny under NY law is items valued at $1,000 or more, or when the property taken consists of a debit card or a credit card. Chances are, if it’s a wallet, there was at least one debit card or a credit card in there. Your discovery would show that information.

As far as where the...
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1 Answer | Asked in Criminal Law on
Q: recently i talked to a girl on omegle and she said she was of 18 years. we sexted and exchanged images and videos.

when i saw her videos and body, i thought she was a young looking adult cause her body was fully mature. But then she told me about school, so i asked her to tell honestly and she told me she was 12. I felt really guilty. we texted through Kik. She said she was sorry for lying but did not want to... Read more »

Elena Fast
Elena Fast answered on Oct 27, 2020

Yes, unfortunately you can be criminally charged. Age of consent differs state by state. I do not know where you are located, but if she's 12 exchanging and possessing naked or sexual images of her is most likely a crime in your state. It is a crime under New York Law. New York is a strict... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Is it legal for a state police investigator to take a case from a family member that works for a business

A friend was arrested for grand larceny .he admitted to the crime after he was sentence he realized the arresting officer was the nephew of the complaintant wondering if this is legal I'm thinking it should be a conflict of interest

Elena Fast
Elena Fast answered on Oct 21, 2020

I don't think it's illegal per se to be the arresting officer on a family member's case. However, if the investigation was somehow skewed or done improperly, that is problematic. Since your friend took the plea, I assume he reviewed the discovery and went over the case with his... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My friend allowed me to stay at his place .he went 2 duel diagnosis center 4 help. If he has drugs in apt am I liable?
Elena Fast
Elena Fast answered on Oct 17, 2020

New York has a legal theory called "constructive possession." Under this legal theory, everyone inside the apartment can be charged with any illegal objects or substances. While the location of the drugs may influence whether the prosecutor chooses to charge you with the crime... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: In a criminal trespass and vandalism case can I use a written statement from my neighbor?

Defendant pleaded not guilty after being arrested for drunk in public and open container, also trespassed and vandalized my wifes license plate but I did not see him do it, my neighbor did and i dont want to have to drag my neighbor to court

Elena Fast
Elena Fast answered on Oct 17, 2020

Very few misdemeanor cases result in the witness having to come in to meet with the prosecutor or testify in a court proceeding. I would say less than 2% of misdemeanor cases in New York State result in the witness having to appear in person. Usually, the prosecutor is able to interview witnesses... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: How do I go about filing for expunge my record for a felony in the Southern District Court of New York in 1993
Elena Fast
Elena Fast answered on Oct 16, 2020

There is no blanket federal expungement statute. However, there is limited expungement relief available under 18 U.S. Code § 3607 - for some drug convictions under 21 USC 844 - simple possession. If you qualify, you would have to file a petition to SDNY seeking relief. You should call your... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: B Felony 130.75 complaint time frame & incident counts innacurate: what would be best defense and how/when to do so?

No record; first offense.

Elena Fast
Elena Fast answered on Oct 16, 2020

Because of the nature of the charge, it is permissible to charge an approximate range of the conduct. Especially, if the the allegations go years back. No one remembers the exact dates of anything, unless they have a kept some sort of record- like a diary.

This charge has a range on the...
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3 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Wrongful Death for New York on
Q: Do I lose US citizenship after death?

Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... Read more »

Elena Fast
Elena Fast answered on Oct 13, 2020

This question requires a lot of research. First, if you are coming back on your real passport, you will likely be stopped at the airport because there is a federal detainer on you. Second, it seems that the U.S. Attorney's Office/Court either never received your death certificate or they do... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: What's the legal advice for protection against harm?

A foreign citizen has a student visa and studying here in USA is threatening me. We are from the same country and I practiced the freedom of speech here in US and I wrote my opinion on Facebook about certain topics. I did not mention any names or pointed out to anyone in my Facebook posts. He... Read more »

Elena Fast
Elena Fast answered on Oct 8, 2020

In addition to my learned colleague's answer, you may want to consult an immigration attorney. United States gives asylum for individuals who will be persecuted if they return to their home country. Best of luck with your case.

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