New York Criminal Law Questions & Answers
Q: It is possible that a petty larceny be considered as a violation and don't affect my record? Is the first time
Kristen Epifania's answer
Petit larceny is a misdemeanor, which is a crime. However, just because you were arrested for petit larceny, it does not mean that you will be convicted. It is very possible to walk away with either a violation or a dismissal, depending on the case facts, especially if it is your first offense.
Petit larceny is a misdemeanor, which is a crime. However, just because you were arrested for petit larceny, it does not mean that you will be convicted. It is very possible to walk away with either a violation or a dismissal, depending on the case facts, especially if it is your first offense.
Q: Is it in the best intrest for a defendent to testify in a retrial with two victims one being murder and one assault?
Kristen Epifania's answer
Many factors go into determining whether it is in the defendant's best interest to testify, it is impossible to simply say yes or no. An attorney can provide you with a better answer when they have more specific details about the case, as well as a better understanding of the evidence.
Many factors go into determining whether it is in the defendant's best interest to testify, it is impossible to simply say yes or no. An attorney can provide you with a better answer when they have more specific details about the case, as well as a better understanding of the evidence.
Q: How would I view records of a drug case from the early 90's that was settled in Albany District Court?
Michael Arbeit's answer
You would need to go the clerk's office of that court and ask to see the court file (chances are they are going to have to order it from records for you). If the matter was not yours and the case was sealed, you will not be allowed to review the file.
You would need to go the clerk's office of that court and ask to see the court file (chances are they are going to have to order it from records for you). If the matter was not yours and the case was sealed, you will not be allowed to review the file.
Q: Destruction of Property- subcontractors
1 Answer
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in
Criminal Law, Employment Law, Products Liability and Business Law
for
New York
on
Answered on Mar 8, 2019
Answered on Mar 8, 2019
V. Jonas Urba's answer
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
Q: I get charge of petty larceny for $200 I'm in the process for adjust of status for the green card this will affect me?
Kelli Y Allen's answer
It's likely that this would fall under the petty offense section, but you need to consult with an immigration attorney for a full review of your case. If at all possible, this charge needs to be resolved prior to your interview. USCIS will not approve an application with a pending criminal charge
It's likely that this would fall under the petty offense section, but you need to consult with an immigration attorney for a full review of your case. If at all possible, this charge needs to be resolved prior to your interview. USCIS will not approve an application with a pending criminal charge
Q: what is a class A misdemeanor and what can be the consequences?
Kristen Epifania's answer
A class A misdemeanor is a crime that carries a sentence of up to one year in jail. It is less severe than a felony, but nonetheless will leave you with a criminal record if convicted.
A class A misdemeanor is a crime that carries a sentence of up to one year in jail. It is less severe than a felony, but nonetheless will leave you with a criminal record if convicted.
Q: Does a petty larceny will affect me for the rest of my life?
1 Answer
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in
Criminal Law, Employment Law and Immigration Law
for
New York
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Kristen Epifania's answer
In New York, petit larceny is a misdemeanor that carries a sentence up to one year in jail. If convicted, you will have a semi-permanent criminal record. A petit larceny conviction will, at the very least, remain on your record for ten years, when you will then be able to apply for a sealing if you meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.
In New York, petit larceny is a misdemeanor that carries a sentence up to one year in jail. If convicted, you will have a semi-permanent criminal record. A petit larceny conviction will, at the very least, remain on your record for ten years, when you will then be able to apply for a sealing if you meet the eligibility requirements. Keep in mind that just because you are arrested for petit larceny, it does not mean that you will be convicted.
Q: Am I allowed to continue dating my 16 year old boyfriend of 1 year and 4 months when I turn 18.
Kristen Epifania's answer
The age of consent in New York is 17 - this means that if you are currently 17 years old and dating a 16 year old, you can potentially be charged with a sex offense if it is a sexual relationship.
The age of consent in New York is 17 - this means that if you are currently 17 years old and dating a 16 year old, you can potentially be charged with a sex offense if it is a sexual relationship.
Q: If i was convicted of a felony as far back as 2011, can an employer see that on a back ground check?
1 Answer
| Asked
in
Criminal Law, Employment Discrimination and Employment Law
for
New York
on
Answered on Feb 20, 2019
Answered on Feb 20, 2019
Kristen Epifania's answer
If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.
If your employer is in the same state where you were convicted, then a felony conviction will likely appear. If it is in a different state, there is a possibility that it may not show up.
Q: Does a 22 year old felony conviction show up on an employment background check?
Michael Arbeit's answer
If the Felony conviction was in NY, the answer is YES. There is a way to seal that conviction (depending on what is was) if you meet certain requirements. See NYS CPL Section 160.59 or contact an attorney to see if that can be accomplished.
If the Felony conviction was in NY, the answer is YES. There is a way to seal that conviction (depending on what is was) if you meet certain requirements. See NYS CPL Section 160.59 or contact an attorney to see if that can be accomplished.
Q: False accusation of sexual abuse of minor. Word of minor only. No witnesses or evidence whatsoever.
Kristen Epifania's answer
The decision to hire a private attorney or go with a public defender is solely up to you. If you qualify for a court appointed attorney, then you can stick with them, with the understanding that you don’t get to choose who it is - you will have whoever the court assigns. The accusations against you are serious, as is anything that involves a minor, so it is important that you feel comfortable with the attorney you have. Every private attorney has their own fee structure, so it is best to...
The decision to hire a private attorney or go with a public defender is solely up to you. If you qualify for a court appointed attorney, then you can stick with them, with the understanding that you don’t get to choose who it is - you will have whoever the court assigns. The accusations against you are serious, as is anything that involves a minor, so it is important that you feel comfortable with the attorney you have. Every private attorney has their own fee structure, so it is best to...
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's answer
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. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
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. She can hire an attorney beforehand, or the court will assign an attorney to her case on that date if she doesn’t appear with one.
Q: I was arrested for domesticincident with current gf but I have all the marks and bruises. Can I just claim self defense?
Kristen Epifania's answer
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 conviction, but if there is an argument for self defense then a dismissal would certainly be favorable.
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 conviction, but if there is an argument for self defense then a dismissal would certainly be favorable.
Q: How do I start to end credit card fraud and I think I know who did it to me?
2 Answers
| Asked
in
Consumer Law, Criminal Law, Identity Theft and Small Claims
for
New York
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Michael David Siegel's answer
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.
Q: How long after going to county jail do you go to court? My boyfriend's been in there for 2 weeks with no bail
Zev Goldstein's answer
They need to release him within a week without bail if they don't do a probable cause hearing. The story sounds a bit extreme for a couple of non violent misdemeanors. Which Court are these charges filed in?
They need to release him within a week without bail if they don't do a probable cause hearing. The story sounds a bit extreme for a couple of non violent misdemeanors. Which Court are these charges filed in?
Q: Hi, question I was arrested in 2005 charged in 2006 with felony, I was not told about immigration reprocations, help
Kelli Y Allen's answer
Contact a criminal defense attorney and ask if a Padilla motion may be an option. That's a case that sometimes allows a criminal conviction to be reopened and readjudicated when the defendant was not advised on the immigration consequences of the plea.
Contact a criminal defense attorney and ask if a Padilla motion may be an option. That's a case that sometimes allows a criminal conviction to be reopened and readjudicated when the defendant was not advised on the immigration consequences of the plea.
Q: regarding false arrest
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: Can anyone else sign a court order other then the ordering judge.
Ali Shahrestani, Esq.'s answer
Who else signed the order? Was it a magistrate or judge pro tempore (they are able to sign orders)? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Who else signed the order? Was it a magistrate or judge pro tempore (they are able to sign orders)? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Q: How do I go about finding out what some one was originally arrested for?
Ali Shahrestani, Esq.'s answer
See: https://www1.nyc.gov/nyc-resources/faq/377/how-do-i-get-a-copy-of-a-police-report
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...
See: https://www1.nyc.gov/nyc-resources/faq/377/how-do-i-get-a-copy-of-a-police-report
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...
Q: So my nephew, was threatened to be beat up by some online bullies, can they be charged with some kind of criminal law?
Ali Shahrestani, Esq.'s answer
Your nephew is 11 months old? You can report crimes of assault to the police, and you may have a basis to sue for damages in civil court as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC...
Your nephew is 11 months old? You can report crimes of assault to the police, and you may have a basis to sue for damages in civil court as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC...
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