New York Criminal Defense Legal Questions

If this is your first arrest for shoplifting, there is little to no chance you will go to jail.  Often, you are given a program (usually one day) that explains the negative impact of shoplifting.  In addition, it is unlikely for a first offense that you will walk away with a criminal conviction... Read Answer

The max punishment for an A misdemeanor is 1 year in jail. It does not matter what the value of the property stolen, it is still 1 year. What would be the actual sentence if convicted after trial, and what would be the plea offer is different obviously from the maximum exposure. Your prior record (or lack of a criminal record), details on the circumstances of the case are primary factors determining the sentence. If you have no priors as you say, you will most likely receive a non-jail and possibly non-criminal disposition. ... Read Answer

Probably not. Usually a party against whom an Order of Protection is issued is served with the order. Most of the time they are served in court as part of and during a court proceeding. If the Order you're referring to expired in 2016 it's no longer in effect, it's done. Also, if you were acquitted of the charges in the case that the Order was issued the Order of Protection would have been vacated upon the acquittal.... Read Answer

Hire a criminal defense lawyer. Do not speak with the police about the case. Having witnesses will not convince the police not to arrest you because they don't want to be the ones to judge the matter. That is for the DA to do. P.S. The police asking you to come in is usually code for they are going to arrest you. Feel free to contact me if you are looking to hire a criminal defense lawyer. Thank you.... Read Answer

If you do not appear in court a Warrant for your arrest will be issued. That will stay in the system and the next time you enter the United States the warrant will likely pop up and you will be arrested. I suggest that you hire a criminal lawyer to help you with this and maybe he/she will be able to resolve the case for you in court without you having to be present. It may depend on where you got into trouble and the court that your case is in. Don't just ignore it! Good luck.... Read Answer

There is no obligation to remove snow while the snow is still falling. Generally, the owner of the property has the obligation to remove snow. Turn this over to your insurance company. If you don't have insurance hire a personal injury lawyer. If you fail to respond to the complaint the plaintiff can get a default judgment against you.... Read Answer

The police likely do not have a warrant. They just say that. They just have an I-card, which is an internal computer record that you are wanted. However, the police do not need a warrant as your girlfriend's call likely gave them probable cause to arrest you. You cannot just go to court. You need to surrender at the precinct. However, you should hire a criminal defense lawyer to try and time this correctly as the police cannot give you a Desk Appearance Ticket on a DV case. A knowledgeable criminal defense lawyer can cut down the number of hours you will be in custody until you see a Judge. Your lawyer will want to speak with your girlfriend too. I handle cases like this all the time so feel free to contact me if you want to hire a lawyer. There are ways to get the case dismissed but it takes some time.... Read Answer

I assume that you are asking about shoplifting. It doesn't matter if you had not left the store. Putting whatever it was in your pocket is inconsistent with the store's ownership of the item until you paid for it. I suggest that you let your parents or guardian know about this as you need a good criminal defense lawyer.... Read Answer

Yes, initially you should plead "NOT Guilty". If you plead guilty to the charge you will have a criminal conviction on your record for the rest of your life. Usually, especially for first time offenders, the DA (prosecutor) will offer the Defendant (you) the opportunity to plead guilty to a reduced charge which will not give you a criminal record. If you cannot afford a lawyer the court should appoint a lawyer to represent you, either Legal Aid or 18B. It depends where in NYS you are located and what court your case is in. Definitely speak to a criminal defense attorney about this case before you just plead guilty. Good luck!... Read Answer