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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 5
Do you have any New York Criminal Defense questions page 5 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

How do I seal my court records and how much would it cost?

Answered 10 years and 7 months ago by Eric E Rothstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
New York does not seal criminal convictions.
New York does not seal criminal convictions.

Can I personally pick up the disposition for him at the court if I pay the fee?

Answered 10 years and 7 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That would be a yes.
That would be a yes.

Should I bring an attorney if I was asked by my former operations officer to go in with my US retail manager to a police station to answer questions?

Answered 10 years and 7 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
That would be a yes.
That would be a yes.

What should we do next if my nephew was just arrested for grand larceny?

Answered 10 years and 7 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
Hire a good criminal defense lawyer.
Hire a good criminal defense lawyer.

can i take back my plea in misdominor treatment court and go back to criminal court

Answered 10 years and 8 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
It depends on several factors, including whether your initial plea was both knowingly and voluntarily taken.  For example, if someone forced you to take the plea, or you didn't fully understand your rights while taking the plea,  you may be able to withdraw your plea.  It is not an easy process and really depends on the circumstances of each case.... Read More
It depends on several factors, including whether your initial plea was both knowingly and voluntarily taken.  For example, if someone forced you... Read More

What happens if the DA's office mailed a letter saying they were ready for trial but there is not court date or anything?

Answered 10 years and 9 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This happens often. The DA gets 90 days to be ready for trial from the date your daughter first went to court. I suggest that you hire a good criminal defense lawyer. There may be a way to get the case dismissed.
This happens often. The DA gets 90 days to be ready for trial from the date your daughter first went to court. I suggest that you hire a good... Read More

What will be the prison term for a class F felony charge?

Answered 10 years and 9 months ago by Irwin G. Klein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
There is no class "F" felony in New York.
There is no class "F" felony in New York.

Should I preemptively turn myself in to get reduced charges?

Answered 10 years and 9 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
As the finder of the phone you had a legal duty to try and find the owner or turn it over to the police. You are subject to being arrested for petit larceny, a Class A misdemeanor. Voluntarily going to the police will not change that. I suggest that you make no statements to the police and hire a good criminal defense lawyer to try and mitigate your situation.... Read More
As the finder of the phone you had a legal duty to try and find the owner or turn it over to the police. You are subject to being arrested for petit... Read More

What can I do to remove the petty larceny from my record?

Answered 10 years and 9 months ago by Irwin G. Klein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Have a criminal lawyer represent you. You will be able to have the record sealed if the case is disposed of a certain way.
Have a criminal lawyer represent you. You will be able to have the record sealed if the case is disposed of a certain way.

Can I defend myself in court?

Answered 10 years and 9 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No, you should not! You are charged with a felony, which is a serious crime. If you can't afford a lawyer ask the judge to appoint a lawyer for you.
No, you should not! You are charged with a felony, which is a serious crime. If you can't afford a lawyer ask the judge to appoint a lawyer for you.

can my case get indicted if i haven't been in court

Answered 10 years and 9 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
The simple answer is: yes, a case can be indicted without an individual seeing a judge or a grand jury.  It is common to be arraigned at criminal court before a case goes before a grand jury but that is not always the case.
The simple answer is: yes, a case can be indicted without an individual seeing a judge or a grand jury.  It is common to be arraigned at... Read More

Will I lose my job if I was arrested for selling tickets outside a venue? How?

Answered 10 years and 9 months ago by Sharon Adams (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Criminal Defense
Arrested and convicted are two different things. You should consult a good criminal attorney to advise you about the charges. There is probably a good chance that they will plead it down, if not dismiss charges. Regarding your employment - have you called your union representative? Call a Union Rep you trust and find out how these situations have been handled by your school district in the past. Don't go tell on yourself to the administration. If your union rep doesn't know what to do, ask to speak with a union attorney.... Read More
Arrested and convicted are two different things. You should consult a good criminal attorney to advise you about the charges. There is probably a... Read More

Why won't the public defender help me on this extradition case& he was the appointed lawyer on the case

Answered 10 years and 9 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
I'm not sure I fully understand your questions.  If you have a criminal case pending, and have a public defender assigned to the case, then he should be assisting you.  If he is not, then you can ask the court to assign you a new attorney.
I'm not sure I fully understand your questions.  If you have a criminal case pending, and have a public defender assigned to the case, then he... Read More

Is an ACD possible if I agree to pay restitution?

Answered 10 years and 9 months ago by Irwin G. Klein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Yes. Get yourself a good criminal lawyer to work things out for you.
Yes. Get yourself a good criminal lawyer to work things out for you.

Is an ACD possible if I agree to pay restitution?

Answered 10 years and 9 months ago by Eric E Rothstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
It is possible if the DA agrees to it. You are going to need a good criminal defense lawyer to fight for you though because you came very close to committing a felony and that is something the DA may consider.
It is possible if the DA agrees to it. You are going to need a good criminal defense lawyer to fight for you though because you came very close to... Read More

I recieved a DAT this pass friday for a trespassing and its allready affecting my possibilities of being accepted for job. how do I get this off my re

Answered 10 years and 10 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
It is certainly possible for a DAT to get resolved in a way that protects your future.  Keep in mind that trespassing is a misdemeanor and needs to be treated seriously.  It is important to consult with an attorney to assist you in protecting your rights and getting the best result possible.  With that said, if this is a first arrest, you have a very good shot at getting this removed from your record without impacting your career.... Read More
It is certainly possible for a DAT to get resolved in a way that protects your future.  Keep in mind that trespassing is a misdemeanor and needs... Read More

Charges Assault 3rd, End Wel Child what is consequence?

Answered 10 years and 10 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
Both charges are A misdemeanors, punishable up to a year in prison.  However, with a first arrest, it is very possible he will avoid any jailtime.
Both charges are A misdemeanors, punishable up to a year in prison.  However, with a first arrest, it is very possible he will avoid any... Read More

If you missed a court date and have a warrant how does a warrant recall work

Answered 10 years and 10 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
If you are interested in resolving the warrant, you can contact a local attorney who can assist you in getting it resolved by assisting in getting the case put back on the calendar.  Avoiding the warrant is an option, but if you get picked up, you could go to jail.
If you are interested in resolving the warrant, you can contact a local attorney who can assist you in getting it resolved by assisting in getting... Read More

ny state criminal mischief

Answered 10 years and 10 months ago by attorney Julie Rendelman   |   1 Answer   |  Legal Topics: Criminal Defense
You can be charged with criminal mischief if your behavior fits the specific elements of that crime:  intentionally damages property of another.
You can be charged with criminal mischief if your behavior fits the specific elements of that crime:  intentionally damages property of another.

Why am I being prosecuted on a misdemeanor charge?

Answered 10 years and 10 months ago by Paul Alan Goldberger (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The prosecutor may have decided to prosecute you with a misdemeanor assault charge based on strategy. It may be that the case against you is not very strong. You should have private counsel discuss the best way to defend your case. 
The prosecutor may have decided to prosecute you with a misdemeanor assault charge based on strategy. It may be that the case against you is not very... Read More

How can I find out if I am going to be able to apply for the NYS auto adjuster's license?

Answered 10 years and 10 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
It sounds like you received a disposition called an ACOD which is a dismissal of the charges after 6 months. If that's the case you should be fine as far as your job offer. Go to the court clerks office of the court where your case was and buy a certificate of disposition. It will cost you about $10.00. If it says ACOD or the clerk tells you that the record is sealed you're in good shape. As far as disclosing this on a job application, the usual question is "have you been convicted of a crime". If that's the question you can honestly answer "NO".... Read More
It sounds like you received a disposition called an ACOD which is a dismissal of the charges after 6 months. If that's the case you should be fine as... Read More

If a person experienced an overdose and an officer finds a small amount of drugs, will that person be prosecuted for the drugs?

Answered 10 years and 11 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
They certainly could be and in many instances they are.
They certainly could be and in many instances they are.
Criminal Law
New York

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