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Questions Answered by Daniel A. Johnston
1 Answer | Asked in Criminal Law for New York on
Q: How do you get a record of “no record” from an arrest that was dismissed? In New York City specifically.

Arrest happened 8 years ago and all supporting documents are missing. The case ended up getting an adjournment in contemplation of a dismissal and was dismissed and sealed. I need a court certified record that it either was dismissed or that no record exists.

Daniel A. Johnston
Daniel A. Johnston answered on Mar 2, 2020

Go to the criminal clerk in the courthouse where the case was located. Request a Certificate of Disposition. They should be able to find it with your name and date of birth; and, if not, they'll give you a "no records" certificate. Should cost you between $5 - $15.

1 Answer | Asked in Criminal Law for New York on
Q: I like to know what do this mean. OFFICE MISCELLANEOUS No Type Test, People Cert Comp Filed/ready Bail cont

This is for New York

Daniel A. Johnston
Daniel A. Johnston answered on Feb 15, 2020

It means the people provided their certificate of compliance under the new discovery laws and are ready for trial. Your bail was continued from the prior date (remains the same).

1 Answer | Asked in Criminal Law for New York on
Q: Is it illegal to carry a bb pistol around on your person in upstate New York?
Daniel A. Johnston
Daniel A. Johnston answered on Feb 8, 2020

Typically no. But if you use it to harm or threaten someone it can be unlawful possession as an "imitation pistol" (in addition to charges related to the threat/harm). You also can't have it on school grounds or certain other properties. If you're carrying it openly and... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: What can the outcome be for a "Petit Larceny" charge when it is my first EVER offense?

I was stopped at the door and they asked me to hand everything over, which I did, and I complied with what both the store workers asked of me and the police officers asked me, as I do not remember what I attempted to steal due to the fact that I was in a manic impulsive episode and I had blacked... Read more »

Daniel A. Johnston
Daniel A. Johnston answered on Jan 25, 2020

If you don't have the money for a lawyer, ask the Court for Legal Aid to be assigned.

If you have no record, the most likely outcome (depending on what county you're in/who the DA is/who the judge is) would be an adjournment in contemplation of dismissal (stay out of trouble for 6...
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