New York Criminal Law Questions & Answers

Q: If i have a order of protection on someone i can stand in front they house in see them in call police

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 11, 2019
Kristen Epifania's answer
If you have an order of protection against someone, and they are simply inside their home, then it is not going to be considered a violation if you go to their house to merely be in their vicinity. Also, keep in mind, that you going out of your way to find them at their home for the purpose of calling the police will not bode well with a judge.

Q: If you have a order of protection can you be infront the person house

2 Answers | Asked in Criminal Law for New York on
Answered on Jan 9, 2019
Kristen Epifania's answer
Most likely, no. The conditions are listed on your actual order, but most orders will state that you must stay away from the individual's home, at the very least. If you are found to be in violation of the order, you can be arrested and charged with a crime.

Q: How much time can you face for these charges Criminal contempt D felony. Burglary 1st B felony. Assualt was E felony

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 4, 2019
Kristen Epifania's answer
Burglary in the first degree is considered a violent B felony, and as the top charge listed, can carry up to a 25-year sentence. If you are charged with these crimes, you should contact a criminal defense attorney immediately. Sentencing will depend on which charge you are actually convicted of, as well as whether this is your first offense.

Q: I am being accused of altering a check from 6 dollars to 60. The check sat in a mailbox for weeks before I touched it.

3 Answers | Asked in Criminal Law for New York on
Answered on Jan 4, 2019
Michael Arbeit's answer
Where did this occur (What County)? Who is accusing you of doing this? Was it deposited in a school account or your personal account? A lot of unanswered questions. Consult with an attorney in regard to this matter if you are being accused of a criminal offense.

Q: Victim wants to drop a legal case on me and i currently have warrant due to her false statement from mental health.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Answered on Jan 3, 2019
Kristen Epifania's answer
You should have an attorney contact the detective handling the case. If there is a warrant for your arrest, an attorney can speak with the detective about the victim’s unwillingness to go forward. If a complaint is already made, you very well may have to go through with the arrest and then it is the District Attorney’s office that will negotiate with your attorney to resolve the case. Either way, you need to speak with an attorney because an arrest warrant means you are wanted by...

Q: If the police give you a search warrant but when they produce it in court its a different warrant is this legal

1 Answer | Asked in Constitutional Law and Criminal Law for New York on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
No, the warrant they actually used should be the warrant submitted as evidence of the lawful search and seizure. 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:...

Q: I passed a few vehicles and a few miles down the road a sheriff was waiting for me.

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 3, 2019
Ali Shahrestani, Esq.'s answer
I don't hear anything illegal about the stop if there actually was a report made about your car allegedly speeding, as that would qualify as reasonable suspicion. To verify whether such a report was made, you may subpoena such evidence if you challenge the ticket. As for the AUO, if you can prove that no actual report was made re: your car speeding, and thus if the stop was not based on reasonable suspicion, then you may be able to allege that the search of your driving history which led to the...

Q: Can I go to jail an do time instead of paying for the fines then finds would be expunged

2 Answers | Asked in Criminal Law for New York on
Answered on Jan 3, 2019
Kristen Epifania's answer
If you are supposed to pay a fine and fail to do so, a warrant can be issued for your arrest.

Q: If you have had a past arrest of d.v. And went through all of the court stipulations and the court dropped it.

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Answered on Jan 3, 2019
Kristen Epifania's answer
If there is a new allegation of domestic violence, then there can be a new charge as well. Your question is unclear as to what exactly the circumstances are, but you can certainly face new charges if additional allegations are raised.

Q: is it a law that police must provide a judge signed warrant during a home raid if the resident requests to see one?

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
Absent extreme circumstances such as imminent public safety threats, a signed warrant would be needed for such a search. 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...

Q: Is it possible to prove police set up and how can confidentional informant testimony be reliable

2 Answers | Asked in Criminal Law for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
These facts are very vague. Reliability of confidential informant testimony is always based on the facts, both facially and contextually. 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...

Q: I got beat up, aresst was made my tooth is chipped my neck is swollen I can’t hear well out of my left ear small and ex

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
You can report the crime to the police, and if the attacker is found guilty you may receive certain funds from the defendant as part of his/her criminal sentence. You may also be able to sue the attacker for civil damages. 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...

Q: I was pulled over in nys last night for speeding and marijuana possession

2 Answers | Asked in Traffic Tickets and Criminal Law for New York on
Answered on Dec 27, 2018
Zev Goldstein's answer
You probably shouldn't have gone back to the station. If you were served with papers when you went back to the police station, then you know what you were charged with and when to go to court.

As for throwing the pipe into the woods, that was probably an error on the police officer's part. However, it's hard to see how much that will help you for the marijuana possession charge.

Q: Can criminal contempt of court charges just be dropped by judge?

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 18, 2018
Kristen Epifania's answer
If he was just arrested, it’s very possible that the system simply isn’t updated yet. It most likely will be in the system tmro. If charges were brought, then it would be up to the DA’s office to dismiss, not the judge.

Q: How much would it be for an attorney services for a person arrested for gang assault in the 2nd

2 Answers | Asked in Criminal Law for New York on
Answered on Dec 10, 2018
Kristen Epifania's answer
Every attorney has their own fee structure. The best way to determine what an attorney will cost is to speak with that attorney personally about your case. If you can’t afford to hire an attorney, the court will appoint one at no cost to you.

Q: A friend, coworker, and a neighbor of mine was caught selling drugs directly to an undercover can I be implemented?

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 6, 2018
Kristen Epifania's answer
It is possible for you to be implicated if the authorities believe you are involved in selling as well. It is also possible for you to be implicated if you were found to be in possession of drugs while they were investigating your friend. However, simply being friends with this person is not enough to bring charges against you without more. If you are ever contacted by law enforcement, do not speak with them and immediately call an attorney.

Q: I was given a summon under sectio/rule 16-118, what should i do?

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
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.

Q: What is the penal statute and penalty for threatening a criminal judge in ny state?

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 2, 2018
Aubrey Claudius Galloway's answer
Several, including but not limited to the following, however it should be noted that there are MANY MORE FACTORS NEEDED TO GIVE AN ACCURATE ANSWER. NAMELY, WHO WAS IT TO HAVE ALLEGED TO THREATEN A JUDGE? (the defendant? if so the charges? a lawyer? a person in the courtroom? WHAT COURT WAS IT IN? (did this happen in a local criminal court, a City Criminal Court or a Supreme Court, for a certain county, Criminal Term?, et al).

Anyway, the statutes this person likely will be charged...

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

2 Answers | Asked in Domestic Violence, Juvenile Law and Criminal Law for New York on
Answered on Dec 1, 2018
Nina Mironenko's answer
File a petition in Family Court for an order of protection (OP). If he hits you while you have an OP they must arrest him. Have you tried therapy for him?

Q: Altercation with bf & I initially signed waiver to press charges and then 2 months later Signed rebuttal. Help

1 Answer | Asked in Criminal Law for New York on
Answered on Nov 29, 2018
Kristen Epifania's answer
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 the information in your boyfriend’s favor.

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