If you or a loved one has been arrested, Tom Kenniff is here to help you.
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Thomas Arthur Kenniff's Answers
Contributor Level 14
- 364 Legal Answers
- 7 Legal Guides
3
Attorney answers:
Can I go to court before the date of appearance?
To the surprise of many, riding a bicycle on the sidewalk in NYC is a misdemeanor criminal offense. If the summons was issued in Manhattan or Brooklyn, it is probably returnable to the Criminal Court at 346 Broadway. If you are leaving the country on the 27th, the court will allow your attorney to appear on your behalf. I usually prepare an affidavit for my clients to sign stating that due to the fact that they are either traveling, or live, outside the New York area they are requesting the...
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4
Attorney answers:
I have a E felony and this is my first arrest.. I was charged with tampering with business records what can I do
Any felony arrest is a serious matter but the fact that you have never been arrested before, and the fact that this is an "E" felony (the lowest level felony) puts a misdemeanor or even a non-criminal plea within the realm of possibility. Of course I would need to know a lot more about the facts of your case before I could give you more specific advise. The best thing you can do right no is retain a qualified criminal defense attorney to help you get out in front of this. The Nassau County...
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4
Attorney answers:
Bail on criminal charge
As my colleagues point out above, the judge is likely just trying to confirm that there is sufficient equity in the home to justify the bond. Unfortunately, given the decline in home values the last few years, many people owe more on their homes than they are worth, making their homes more of a liability than an asset. So long as your home value exceeds the amount owed, you should be fine. Best, Tom Kenniff
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2
Attorney answers:
Possible time charged for 1st deg burglary, class b felony, NYS
I'm sorry to hear about your son's situation. These things often take a greater toll on the family than the accused themselves. It sounds like your son is a predicate felon charged with a B violent felony. Under this scenario, the minimum sentence the judge would have to impose is 8 years. In order to get his time down near 3 to 5 the DA would have to be persuaded to offer a plea to a lesser charge, like attempted burg 1, a C felony, or perhaps some D felony offense. There's certainly no...
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3
Attorney answers:
Traffic viloation tickets in NY: driving without license, no registration.
If the tickets are returnable to a branch of the criminal court, you are probably charged with a VTL Misdemeanor (criminal offense) and you should hire an experienced criminal lawyer ASAP. If there returnable to one of the Traffic Violations Bureaus, you don't necessarily need a lawyer, but one could certainly be helpful, Yours truly, Tom Kenniff 212-274-0090
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3
Attorney answers:
I have very little money...Can anyone suggest a lawyer that could help through this?
I am not sure what you could afford, but my firm offers discounted associate rates, that are substantially less than what I, as a partner, normally charge. If you desire a consult, please feel free to contact my Mineola Office at 516-742-7600. If the cost is still prohibitive, you can check the Nassau Bar Association or perhaps the Hofstra Law School Criminal Justice Clinic. Yours truly, Tom Kenniff
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3
Attorney answers:
Suspended license in new york
I certified proof of mailing from the DMV of the notice of suspension is what the DA will use to prove that you should have been on notice. The prosecutor's position will be that the DMV can not be responsible if a defendant changes addresses without properly notifying DMV. As this is a criminal matter, you will need a lawyer. Most lawyers will not quote fees in this type of forum, but you might expect a fee range of between $1500 and $2500 for a traffic misdemeanor. Often if your...
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4
Attorney answers:
Arrested for A3, cops were on my side, I have no record and she does, got a summons but I don't know what to do, bring etc,help?
The first thing you should do is retain an experienced criminal defense attorney to represent you. Assault 3 is punishible by up to one year in jail in NY. Assuming the injuries to the complainant are serious, jail is an unlikely outcome. However, making sure the case is properly defended, so that you don't wind up with a permanent criminal record should be your priority. It may be best for your lawyer to have a licensed investigator visit the bar to try and obtain any video....
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3
Attorney answers:
Would an underage drinking summons/violation in New York State (Long Island) show up on background checks?
This is a violation and not a criminal offense is NY, thus fingerprinting will not occur. It's very unlikely that it would appear on a background check, and generally applications ask about arrests or criminal convictions. It sounds like you were neither arrested nor charged criminally, in which case you shouldn't have much to worry about. Best, Tom Kenniff
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2
Attorney answers:
In Queens, New York, how can I obtain the "police report" or "police record" that relates to an arrest? (I was the one arrested)
The FOIL request is probably your best bet, unless the arrest report was served on your attorney or is in the court file, in which case you might be able to obtain a copy from the court clerk prior to sealing. If your attorney has it, he or she should give it to you upon your request. Best, Tom Kenniff
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