John M. Cromwell’s Answers

John M. Cromwell

Scarsdale Criminal Defense Attorney.

Contributor Level 16
  1. Can i avoid a felony and jail time? I was offered 1 month in jail. 5 years probation and felony on my record. Help!

    Answered about 1 year ago.

    1. Lee Alan Thompson
    2. John M. Cromwell
    3. Eric Edward Rothstein
    4. Daniel DeMaria
    5. Anthony Michael Solis
    6. ···
    8 lawyer answers

    If the keys were in the ignition, the engine was running, and the car was parked on a public street, that still is considered "operation" under the DWI statute. Sounds like you have some mitigating circumstances, however. Presumably, you have an attorney who has brought these factors to the attention of the prosecutor.

    15 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. 1 year definite sentence in New York.

    Answered 10 months ago.

    1. John M. Cromwell
    2. Ernest DuBose
    3. Eric Edward Rothstein
    4. Joshua Sabert Lowther
    5. Nikole M Wynn
    6. ···
    9 lawyer answers

    Yes, but this is a very tricky area of the law and can not be answered adequately without knowing more facts. It depends who has primary jurisdiction. For someone who has been in continuous custody from the time of arrest, it is the jurisdiction which arrested the defendant first. To ensure concurrent sentences, you want the state sentence to be imposed first.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. A narcotics officer is offering to have my misdemeanor assault charge dropped if I wear a wire and buy drugs. Can he frame me?

    Answered about 1 year ago.

    1. John M. Cromwell
    2. James Donald Garrett
    3. Joseph A Lo Piccolo
    4. Jayson Lutzky
    5. Zachary Peter Reibstein
    6. ···
    7 lawyer answers

    Bite the bullet and hire an experienced criminal defense lawyer now. You are playing with fire!

    11 lawyers agreed with this answer

  4. What are the charges of 18 years old schizophrenia patient shoplifting over $1000?

    Answered about 1 year ago.

    1. John M. Cromwell
    2. Anthony Michael Solis
    3. Sean Thomas Wright
    4. Eric Edward Rothstein
    5. James Donald Garrett
    6. ···
    7 lawyer answers

    I agree with the advice the police gave you: hire a lawyer. If this is your first offense, you are eligible to be treated as a youthful offender, which means the record of conviction will be sealed. For a first offense on a charge of this nature, a plea to a misdemeanor is the standard deal, unless there are aggravating factors you haven't disclosed. With some effort on the part of your lawyer, you may be able to get the charges reduced to a violation, but that is a stretch. I don't see how...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Do I need a criminal defense attorney?

    Answered about 1 year ago.

    1. John M. Cromwell
    2. Eric Edward Rothstein
    3. Anthony Michael Solis
    4. Jonathan Brian Manley
    5. Robert G. Wells
    6. ···
    7 lawyer answers

    It's a violation of the ocean beach village code. It is not a misdemeanor and will not give you a criminal record but you would be best served by hiring a local attorney to handle this for you.

    10 lawyers agreed with this answer

  6. How Can I request an early dismissal for an ACD for shoplifting?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. John M. Cromwell
    3. Joseph A Lo Piccolo
    4. Eric Edward Rothstein
    4 lawyer answers

    Hire an experienced criminal defense attorney, who will be able to advance the case and make the application to the court.

    10 lawyers agreed with this answer

  7. My sentencing is coming up soon. Im very nervous. This is my first offense- I am charged with an aggravated dwi. I blew a .20

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Jay K Goldberg
    3. John M. Cromwell
    4. Benjamin J Lieberman
    5. James Andrew Mcglynn
    5 lawyer answers

    I sounds like you're doing everything you're supposed to be doing. Your lawyer should be able to give you a fairly accurate idea of what you are most likely facing.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. If I dont win trial do I do time on these 4 counts individually or together?

    Answered about 1 year ago.

    1. John M. Cromwell
    2. Eric Edward Rothstein
    3. Jayson Lutzky
    4. Christopher Irvin Simser
    4 lawyer answers

    You do the time "together" (concurrently). If the charges all arose out of the same criminal transaction, the time can not run consecutively.

    9 lawyers agreed with this answer

  9. 3030 motion in new york

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. John M. Cromwell
    3. Rafael Omar Gomez
    4. Douglas Holbrook
    5. Michael Lewis Marley
    6. ···
    7 lawyer answers

    a) agree with counsel, you have to first ask your lawyer, b) you have to check the court file, c) what level offense is it (A, B misd, felony), d) depends what kind of a record was made concerning the nature of the officer's injuries - it may or may not be excludable depending on whether it was the kind of injury that would have prevented him from testifying. Your lawyer will have to make a motion, and then their will probably have to be a hearing regarding the nature of the officer's injuries.

    9 lawyers agreed with this answer

  10. I have received a seven month sentence in county jail for a VOP. How are the days calculated, and how many will I serve?

    Answered 10 months ago.

    1. John M. Cromwell
    2. Eric Edward Rothstein
    3. Stephen Charles Cooper
    3 lawyer answers

    You serve 2/3 of 7 months (roughly 4 months + 20 days) with credit for the 80 days of actual time you already did.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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