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New York Criminal Defense Legal Questions

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323 legal questions have been posted about criminal law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
New York Criminal Defense Questions & Legal Answers - Page 4
Do you have any New York Criminal Defense questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 323 previously answered New York Criminal Defense questions.
Criminal Law
New York

Recent Legal Answers

Can the court deny to give my son’s court records to him?

Answered 9 years and 8 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your son should be able to get copies of his records directly from the court. He is the Defendant, it's his case. He may have to pay for the copies and postage unless someone picks up the package for him.
Your son should be able to get copies of his records directly from the court. He is the Defendant, it's his case. He may have to pay for the copies... Read More

How could I avoid shoplifting getting on my record?

Answered 9 years and 9 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I handle these cases all the time. There is a way to get the case dismissed and sealed.
I handle these cases all the time. There is a way to get the case dismissed and sealed.

Will I be able to dismiss my arrest issued 10 years ago if I leave in another country?

Answered 9 years and 9 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The case does not go away and the warrant remains.
The case does not go away and the warrant remains.

I was caught shoplifting worth $30, how do I get this dropped if it was my first offense?

Answered 9 years and 11 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
There are ways to get the case dismissed and sealed.
There are ways to get the case dismissed and sealed.

Do I need lawyer to represent me? Will this shoplifting record stay in my CORI for rest of my life?

Answered 10 years ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
What do you mean you paid a $100 fine but still have a court date? Do you mean you posted $100 bail at the police station? Shoplifting is a crime and if you are convicted you will have a criminal record for life. Therefore you should hire a good criminal defense lawyer.
What do you mean you paid a $100 fine but still have a court date? Do you mean you posted $100 bail at the police station? Shoplifting is a crime... Read More

Petit Larceny charge

Answered 10 years and 2 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
Keonna,   Being arrested for the first time can be extremely stressful.  In most first arrest theft cases in New York City, it is highly unlikely that you will face jailtime.  With that said, you need to make sure that your case does not end up with any permanent criminal record.  Any criminal conviction can have a permanent impact on your future.  You should make sure your attorney pushes for a non conviction disposition, such as an ACD.  Best of luck.... Read More
Keonna,   Being arrested for the first time can be extremely stressful.  In most first arrest theft cases in New York City, it is highly... Read More

Can you get caught for shoplifting after you've left the shop

Answered 10 years and 2 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
While it is possible that your friend can get arrested, it is unlikely that your friend will be arrested if she was already allowed to leave the store without police involvement.  
While it is possible that your friend can get arrested, it is unlikely that your friend will be arrested if she was already allowed to leave the... Read More

Regarding double jeopardy

Answered 10 years and 2 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
From my understanding of the facts you described, at the first trial the jury acquitted the person of Murder 1 but hung on Murder 2.  At the second trial, the jury convicted that same person of Murder 2.  While  double jeopardy prevents the prosecution of this person for Murder 1, it does not prevent a re-prosecution for Murder 2.     There are many cases that require a second and even a third trial if the jury fails to reach a unanimous verdict at the first trial.  ... Read More
From my understanding of the facts you described, at the first trial the jury acquitted the person of Murder 1 but hung on Murder 2.  At the... Read More

Can a reckless driving charge be expunged?

Answered 10 years and 2 months ago by John F Brennan (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
No, driving records cannot be expunged.
No, driving records cannot be expunged.

Can a reckless driving charge be expunged?

Answered 10 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
Yes. You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
Yes. You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other... Read More

How would a court handle a no-show for a court date concerning a misdemeanor?

Answered 10 years and 3 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You may have a bench warrant for your arrest. I suggest that you hire a good criminal defense lawyer to deal with this.
You may have a bench warrant for your arrest. I suggest that you hire a good criminal defense lawyer to deal with this.

I was arrested for finding a credit card in a store and using it for $300 worth of purchases, what will happen to me?

Answered 10 years and 3 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
I don't think you are going to jail. I suggest that you hire a good criminal defense lawyer. Perhaps you can avoid a criminal record for life.
I don't think you are going to jail. I suggest that you hire a good criminal defense lawyer. Perhaps you can avoid a criminal record for life.

Can an attempted assault charge be dismissed if the victim started the fight?

Answered 10 years and 3 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
It is  possible for an attempted assault to be dismissed if the victim is the initial aggressor.   Keep in mind that calling someone names does not rise to the level of initial aggressor. In addition, if there is video of the assault, then it makes an outright dismissal less likely.   However, Any behavior on the part of the victim to provoke the attack can potentially act as mitigation in your friend's actions.  I hope this helps.... Read More
It is  possible for an attempted assault to be dismissed if the victim is the initial aggressor.   Keep in mind that calling someone names... Read More

What do i do?

Answered 10 years and 4 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
The simple answer is "yes", he can be facing charges.  I suggest he hire an attorney immediately if he hasn't already.  Under no condition should he speak to the police about the events that occurred.  
The simple answer is "yes", he can be facing charges.  I suggest he hire an attorney immediately if he hasn't already.  Under no condition... Read More

Being his first offense, would he be looking at time and does he need an attorney?

Answered 10 years and 4 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
He needs a lawyer and he should not have answered any questions without one.
He needs a lawyer and he should not have answered any questions without one.

What happens if I got arrested for shoplifting and I have never been arrested in my life?

Answered 10 years and 4 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a good criminal defense lawyer. There may be a way to get the case dismissed and sealed.
Hire a good criminal defense lawyer. There may be a way to get the case dismissed and sealed.

What are my chances in of getting an ACD offered?

Answered 10 years and 5 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Are you indigent?
Are you indigent?

What should the minimum amount time spent with a defendant of a federal crime before a proffer testimony?

Answered 10 years and 5 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
While I can't fully answer this question without knowing more facts and details, it certainly takes time for a client and attorney to discuss and analyze all options before sitting down for a proffer agreement.  
While I can't fully answer this question without knowing more facts and details, it certainly takes time for a client and attorney to discuss and... Read More

I was charged with petiti larcany but I never got out of the store with anything.

Answered 10 years and 5 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
I'm not sure what your question is.  If you in any way assisted your sister in the theft or attempt to steal the property, then you can be charged with petit larceny.  In addition, an individual can be charged with petit larceny without actually leaving the store.
I'm not sure what your question is.  If you in any way assisted your sister in the theft or attempt to steal the property, then you can be... Read More

Do I need a lawyer for being charged with petty theft of 51.00

Answered 10 years and 5 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
If you are arrested for a crime, whether it is a misdemeanor or a felony, you must have an attorney.  A "petty theft" could potentially lead to a permanent criminal record and one always should have the guidance of counsel.  With that said, if you can't afford an attorney, you can request an attorney be assigned to you.... Read More
If you are arrested for a crime, whether it is a misdemeanor or a felony, you must have an attorney.  A "petty theft" could potentially lead to... Read More

What is likely to happen if one of my friends is being charged for criminal mischief?

Answered 10 years and 6 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Your friend should hire a good criminal defense lawyer. There may be a way to get the case dismissed and sealed.
Your friend should hire a good criminal defense lawyer. There may be a way to get the case dismissed and sealed.

in 2008 a warrant was issued for me

Answered 10 years and 6 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
You can contact the county clerk where the warrant was out of.  They will be able to assist you or at least get you to someone that can help you.
You can contact the county clerk where the warrant was out of.  They will be able to assist you or at least get you to someone that can help you.

What can I do if I am being changed with two counts of possession of a forged instruments?

Answered 10 years and 6 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You are not giving enough information. Why don't you consult with a good criminal defense attorney.
You are not giving enough information. Why don't you consult with a good criminal defense attorney.

lawyer hasnt been to see client .clienbeen in jail since arraaignment

Answered 10 years and 7 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
There doesn't appear to be an actual question.  If the client is not happy with his/her attorney, they can hire a new attorney or if they can't afford one, they can ask the court to assign a new attorney to them.
There doesn't appear to be an actual question.  If the client is not happy with his/her attorney, they can hire a new attorney or if they can't... Read More

Is it still criminal solicitation if the person being asked to commit a crime does not follow through?

Answered 10 years and 7 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
The short answer is yes, person B does not have to actually follow through with the crime in order for person A to be criminally liable.
The short answer is yes, person B does not have to actually follow through with the crime in order for person A to be criminally liable.
Criminal Law
New York

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