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John J. Carney
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John Carney’s Answers

1,003 total


  • Can I have sex with a 16 year old if I'm 18?

    After the article I'm really confused on post 15. It says at least 13 and younger than 15 you have the no more than 4 years older rule. If I'm 18 and the girl is 16 is the legal or no?

    John’s Answer

    You should be ware that the age of consent in New York is 17 and you therefore should not have any type of sexual relations with a girl under 17 or you will face serious charges. The charges will depend on the sex act and your age but she is not capable of giving consent at age 16 and you should have certainly known at least that much.

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  • Any advice

    My grandfather passed away his funeral is in 3 days im planning on flying to the islands out of the usa. I don't know if I have a warrant. Would I be stopped at the airport? How is there anyway for me to find out if I have a warrant.

    John’s Answer

    You should use Avvo to find a lawyer who will contact the police and find out if you have a warrant. Even a lawyer may not be able to find out, but I am usually able to make calls to the warrant desk and get the officer to check the computer, although sometimes I need to go in person and show them my bar card to prove that I am a lawyer. They will not usually give out information over the phone since they do not know who they are talking to. Lawyers do not charge much for such services ad it only takes an hour of work to get the information. If you have a warrant you must not travel and should retain a lawyer to surrender yourself before you are held at the airport or by a police officer who runs a warrant check after stopping you on the street or in a car. If you missed a court date you will probably have a bench warrant.

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  • Im in NY. Can my employer drop me from $15/hr to $11/hr by going part time to full time without notice?

    I was balancing 2 jobs with the same company. Working as a salesman and a service advisor. I was working one hour a day in service and sales the rest. I was making $15 an hr as a service advisor. When I took the job full time and got my check I re...

    John’s Answer

    There are many laws that govern an employee employer relationship. You must call an employment lawyer to see whether you will be able to get relief or whether the employer is free to change your job and pay you less for part time and take away benefits. You can usually get a free consultation by using the Find a Lawyer tab on Avvo and asking a lawyer in your area that does employment law. Most average workers who are employees at will can be make part time employees but they should still have to pay you for overtime.

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  • I was arrested at age of 16 in NYC for shoplifting. would this show on background check?

    I was arrested at 16 y/o for shoplifting and i was taken to booking where i waited to see the judge. He only gave me community service for one day which was completed. This was 8 years ago. I am a semester away from gettin my BBA. Recently got in...

    John’s Answer

    You should go to the court clerk and get a certificate of disposition. That will tell you if you got youthful offender status or an ACD dismissal. It is unlikely that you have a conviction. The only problem you will have will be with immigration, police officer jobs, FBI applications, customs, TSA, border crossings, or government jobs of a certain nature. The Albany computers will not have the record but the police computer will show the arrest and dismissal. Unless you want to become a citizen, a cop, or an FBI or federal agent it will not be a problem

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  • A disorderly conduct conviction in new york state is a violation and do not result in criminal record .

    Is this also used in immigration case of fingerprint criminal record check?

    John’s Answer

    The government will take it into consideration for N-400 or Visa applications. They consider the arrest as well as the disposition. They also assume you were guilty of the crime you were arrested for and the prosecutor simply dismissed that charge or charges and offered a plea to a violation. They should not consider you guilty, but that is the normal assumption. Th charge is important if it is a "crime of moral turpitude" like fraud, theft, or perjury.

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  • What kind of lawyer do I need to get a criminal record exsponged

    Someone I know had his passport stolen and back in 2006 that person was arrested for solitation of prostitution. So we are trying to find out what we need to do.

    John’s Answer

    If you are saying that the thief got arrested and your friend now has a criminal record because the thief used his passport while being mugged it would appear that you could make a 440.10 motion to vacate the conviction. New York does not allow you to expunge [remove] a criminal record, but you can attack it if it is unjust, illegal, improper, or if the lawyer was ineffective, the wrong person was convicted, or something happened off the record that would make it possible to have the judge vacate the conviction in the interest of justice and due process. Find a lawyer on Avvo that does criminal law and have them investigate the matter and advise you whether you have grounds for a 440.10 motion. They are expensive and you will not be able to get a public defender assigned in most cases.

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  • Should I report my car as stolen?

    I moved into NYC and was anxious to get rid of my vehicle, which was worth next to nothing and costly to keep. I sold it to some people on the street for cash but neglected to receive copies of anything or even take down contact information, havin...

    John’s Answer

    I assume that you did not turn the plates into DMV and they drove away with them. You sold it and reporting it stolen is a crime called making a false police report. Call DMV and explain the circumstances and get your name off of the title and registration. Your license cal be suspended if the tickets are attributed to you and you should appear with a lawyer to clear them up. You may also face problems for not turning in your plates. Have the lawyer call DMV to see what they recommend.

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  • Will a UPM in NY show up on a background check? Also, I was given a 6 month ACD. I'm a coach and have to run yearly background

    The DA said it would not show and don't worry about it, but I wanted a second opinion.

    John’s Answer

    The marijuana ACD is dismissed and sealed after 12 months if you are not arrested. It will not show up on the Albany reporting computer after it is sealed but the arrest and disposition will always be on the NCIC national database that the prosecutors, police, and government use. It is becoming less of a problem as we finally are moving toward making pot legal.

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  • Does a violation received for jumping a subway turnstile in NYC subway constitute a police record?

    My son received a violation for jumping over a subway turnstile when he was 18. He paid the fine. He is now 19 and is applying through his college for a UK visa for study abroad and is concerned the violation will show up in a background check and...

    John’s Answer

    Depending on the plea he will have a record for a violation, but not a criminal record. Since he paid a fine I assume he had a Legal Aid lawyer and took a plea to Disorderly Conduct with a fine and a conditional discharge. This can effect the issuance of a visa, an application for citizenship, travel, customs, entrance into Canada or other countries, The police, government, TSA, FBI, prosecutors, judges, and others will have the ability to see the arrest on the NCIC [National Crime Information Center federal computer database] police computer and it can effect bail and further plea negotiations. It can never be removed, sealed, or expunged. The authorities will view it as a crime of "moral turpitude" like theft and fraud that can effect immigration and visas in many ways. That is why it is always best to retain a good criminal lawyer to negotiate the best possible disposition, which is usually an ACD. New York City is tough on people who jump turnstiles or double-dip, damage the turnstile and hawk tickets, or commit any crimes in the subway. They often refuse to offer an ACD on these cases in Manhattan, Brooklyn, the Bronx, or other boroughs as they lose millions in revenue every year and are a billion over budget.

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  • I was charged with possession of under 25 grams and I'm 18 what can I expect for a sentence?

    it is my first time offense and I am a national honor student as well as being a captain on two teams sports teams.

    John’s Answer

    In Buffalo, whether it is in Buffalo City Court or in a town court, that is a misdemeanor that most good criminal lawyers will handle for a very reasonable fee and be able to get an ACD [Adjournment in Contemplation of Dismissal]. Your case will be dismissed and sealed after a year if you are not arrested again and if you fulfill any terms of the ACD. You may have a tough time getting an ACD if you have prior convictions. Youthful Offender, or if the prosecutor does not consent and the judge does not accept it. The case can be dismissed and sealed early in some courts if your lawyer gives a good reason, like travel, job interviews, and enlistment into the services. The case will often be dismissed on the DAT appearance unless there are issues to be discussed with the police [or unless they want their court time]. I have practiced in Buffalo and New York City for 31 years and I would say that you will probably pay no fine, sere no jail, and have no probation or counseling if it is a first offense. You are also eligible for a Youthful Offender but don't burn that as it is useful before age 19 to have any new case sealed. find a criminal lawyer here on Avvo and try to get a flat rate of $500 or more so that you do not have to get a bill lawyer for any amount that the lawyer asks. A flat rate is the best option and allows you to compare fees and lawyers. Retain a lawyer who answers his phone personally or returns your call in an hour or less. Meet with him or her and get a free consultation. Have your parents meet and discuss your case with the lawyer who will handle your case. You need a lawyer for this case, but also to be available in the future if you have a problem . Avvo shows you the type of law a lawyer practices, his credentials, reviews, and lawyer endorsements and a numerical rating. The best lawyers are rated "10.0 superb". The lawyers here who answer questions are available to answer and further or follow up questions and are a good choice as they have shown a commitment to serve the public and volunteer their time to advise those who usually do not have the funds to consult with or retain an attorney, let alone one of the top firms. This is a simple case and you will get the ACD in most cases, but you want to retain the best lawyer to make sure you get the case totally dismissed and do not have to get counseling, drug court, probation, or do community service or marijuana classes as any condition of the sentence can be violated and then you risk a record or jail time. Appear at the arraignment with a lawyer to avoid being asked questions or being sent for an evaluation for drugs. If this is a marijuana case, and we all assume it is, you will always have a police record for the arrest, but not a criminal record for the Albany reporting computers that employers use. The prosecutors, judges, and the government will know about the arrest and it may hurt you in the future even if dismissed in many ways.

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