1. What is an Order of Protection
a. An order of protection is a Court Order demanding that one party/person stay away from another. They can be temporary or permanent for a fixed period of time. They can be full stay away orders or limited; which can allow for contacts between the parties.
2. If the Court has issued an Order of Protection on my behalf can I have it removed?
a. If the order of protection was issued from Family Court then yes, but if it was issued by a Criminal Court no, only the Judge can remove an order of protection and while a victim's wishes can be considered they do not necessarily determine the outcome of the court's decision.
3. Can a friend or family member have someone forced to get drug or mental health counseling?
a. Yes and no. When a person has been arrested for a drug related crime or a crime that was committed because of drug use, the court can mandate treatment. There are also avenues available outside the court system to have someone forced into therapy.
4. If someone has been caught stealing are there ways for him/her to keep a clean record even if he/she is guilty?
a. Yes, aside from the obvious possibility of mounting a victorious defense, many locations have diversionary programs available which allow offenders to have charges dropped after certain conditions are met.
5. If someone is arrested on felony drug charges, do they have to go to jail?
a. No. The court system has changed and drug treatment or other diversionary programs are in existence, which allow for treatment as opposed to prosecution. In certain circumstances charges can even be dropped after completion of drug treatment programs.
6. If I give someone drugs without asking for money can I be charged with selling drugs.
a. Yes, the sole act of handing drugs to another individual is grounds for conviction for a sale in the state of New York.
7. What is bail?
a. Bail is a set of conditions allowing for the release of a criminal defendant during the pendency of a case.
8. When bail is set do you have to have all the money requested?
a. For cash bail one must post the entire amount requested. When a bond is allowed, one can put up a percentage of the amount while showing collateral to guarantee the balance. Bail bondsman can be very helpful in this process.
9. If someone has been convicted of a crime can they stay out on bail while the case is being appealed?
a. Yes, either the lower court or the appellate court can set bail which allows the convicted person to remain free during the appeal process.
10. Why are some people prosecuted in state court while other's cases are heard in Federal Court?
a. Certain acts constitute violations of both state and federal law. In these instances the arresting officials and prosecuting agencies make a determination as to where the case will be held.
11. Does the age of the person arrested have any bearing on how the case is handled?
a. Yes, in New York State people can be classified as adult, youthful or juvenile offenders. Based on the classification there are differences in the punishments available to the court and the record status after a conviction.
12. If I am the victim of a crime can I have the charges dropped against the person who was arrested?
a. Crimes are technically committed against the People of the State of New York. Although prosecutors often take a victim's decisions into consideration, only the prosecutor or the court can have the charges against the accused dismissed.
13. Can I be forced to testify against a criminal defendant?
a. Yes. If a court determines someone is a material witness, they can be ordered to testify and face incarceration for refusal to follow the court's order.
14. Can the police enter my home or business without my permission?
a. Yes, with a court ordered search or arrest warrant, police have the right to enter locations without permission as long as they follow the requirements set forth by the court.
15. A friend/relative was arrested while using my car. Will the police return my car?
a. Maybe yes and maybe no. Before a car is returned two things must occur. First, the prosecuting agency must determine they no longer need the car for evidence and then, the police department must decide if they are going to hold the car for civil forfeiture proceedings. In many situation, the car can be returned to its rightful owner.
16. The police did not read me my rights. Can they still use statements that I made against me.
a. Yes, in certain circumstances. Police must read you your rights before beginning a custodial interrogation. Statements made outside the parameters of such an interrogation, such as spontaneous utterances, can be used even when "Miranda" warnings were not given.
17. I have been ordered to pay a fine by the court but don't have any money. What should I do?
a. It is very important to appear in court on the day you were supposed to pay the fine. If not, a warrant can be issued for your arrest. The fine can be paid in case, by money order, credit card or in some instances by check. If all the money is not available, the court can grant an extension allowing the defendant more time to come up with money. In some cases a civil judgment can be entered which means the person does not have to pay although this method can have adverse affects on one's credit history.
18. I have been asked by someone to sign a federal bail bond in order to help get a defendant released. Can this cause me any problems?
a. There will be no problems as long as the person continues to make court appearances. If the person skips court and a warrant is ordered, those who have signed on as bond sureties can be asked to give the government the amount of the bond in question.
19. A police officer has been coming around and leaving me messages that they just need to talk to me. Are they going to arrest me?
a. In most cases, the outcome will be an arrest as police officers often use that approach in order to make it easier to find a criminal defendant. There are times when only questioning is involved but it may be best to run the situation by an attorney before showing up at a police precinct.
