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John M. Cromwell
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John Cromwell’s Answers

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  • Will I be violated on probation?

    I met with my probation officer and he urine tested me, I passed accept for suboxone, which i didn't use. He then wanted me to report to a rehab facility to take a mouth swab. I was worried I might fail and told him I had used. He made me sign a p...

    John’s Answer

    This is impossible to predict. apart from his personal feelings, he may be required to report this to a supervisor and/or notify the Court, to whom probation ultimately reports. Worrying is pointless. The best you an do is follow his directives and hope you get another chance.

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  • Why was he not charged with rape

    A 17 year old had sex with my daughter, my daughter (16) was too drunk to know what was going on. 5 days later she told me, we called the police. during their investigation my daughter and I taped the young man telling my daughter to lie to the co...

    John’s Answer

    It's impossible to say without knowing all the facts. Prosecutors have discretion in what they charge. This is probably a question best addressed to the prosecutor. You are free to let your opinion be heard at sentencing and I suggest you speak to the prosecutor about that. You may also wish to hire an attorney to address your concerns and advocate on your behalf.

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  • Do I pay it? Do I ask my original attorney to get involved?

    I got caught stealing from a department store a while back and just received a civil demand letter for an amount way more than what I tried to steal.

    John’s Answer

    I advise my clients not to. I have never heard of anyone actually being sued for this.

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  • Will I be able to avoid the misdemeanor record, or should I just plea guilty and pay the fine?

    I was trying to walk to a train station after the blizzard. The sidewalk was covered with snow and I unwittingly walked to the railroad. I received a summon for "enter restricted area."

    John’s Answer

    Hire an attorney. It may possible to get the charges reduced to avoid getting a criminal record for this.

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  • Can I withdraw my plea and go to trail hoping to get my arson 3rd lowered to arson 4th?

    I accepted a plea of a 4-8 for arson 3rd and Bulgars 3rd. I really feel as if I was over charged for the arson and should have been charged with arson 4th. I am a second time felon. My last felony was over 10yrs ago. I feel I got a raw deal and pa...

    John’s Answer

    This is not a basis to withdraw the plea.

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  • Was i convicted or dismissed? i am looking to apply for my CHL in my new home state of Texas?

    looking to get clarification on my NYS court case outcome. would like to know if i was convicted of a crime ( DUI or DWI or DWAI) or a traffic infraction. I understand that its written below, but i do not understand the jargon. "Charge: VTL 11...

    John’s Answer

    Looks like you were convicted of a misdemeanor.

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  • How to dismiss the charges if the indictment has not been filed and its three weeks post grand jury

    My boyfriend was arrest July 29th on CPW 2nd (265.03), he was finally indicted during night court January 7th. Since the indictment vote has been returned three court dates have passed in a matter of 3 weeks but the DA has not filed the charges ye...

    John’s Answer

    Speedy trial for most felonies including CPW is 6 months from date of filing of accusatory instrument. Unless his attorney waived speedy trial, time should be running from date of his arraignment on the criminal court complaint.

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  • Should i tell probation of police contact?

    I'm on probation and while visiting a friend in a neighboring town we got into a fight with 2 other kids. A cop saw what happened and arrested one of the other kids who had hit me. Me and my friend were not charged and the cop actually called us v...

    John’s Answer

    This is a tricky one. It depends on many factors. What is your record while on probation? Is there a possible curfew issue? Alcohol issue? You're supposed to report any police contact but if you don't, how will your PO find out? You really need to consult your lawyer or if you don't have one, hire one to get an opinion.

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  • Will i be deported if i take a plea?

    I am a permanent resident. Approximately a year ago i had a room mate smoking or selling weed living there and they raided my house. I had no idea he sold it and am 44 with no prior arrests. They arrested me as i am the lease holder and i combined...

    John’s Answer

    You need to hire an immigration lawyer or make sure your criminal lawyer has consulted with one. Just because you were denied citizenship doesn't mean you're deportable. You can reapply for citizenship again in a few years.

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  • How do I obtain a certified copy of my judgement and sentence, complaint/arrest affidavit and certified copies of my indictment?

    I was arrested in white plains In July of 2015 and need to obtain a certified copy of my judgement and sentence, complaint/arrest affidavit, and certified copies of the information, indictment or other charging documents. How do I do this in the f...

    John’s Answer

    You can get a certificate of disposition from the clerks office

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