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John M. Cromwell
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John Cromwell’s Answers

1,426 total


  • Should a lawyer be able to have evidence thrown out just because a car was searched with no warrant?

    If a cop finds evidence of drug paraphernalia inside a car after the owner said they didn't want their car searched, should that be a reason to have the evidence thrown out of court?

    John’s Answer

    Yes, but you can be sure the police will have a slightly different version. Which one will the judge go with????

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  • Very old assault charges in new york, arraigned,but never return to court,out of country can i be arrested coming back to usa

    would like to visit family and friends in Calafornia, through LAX airport can I be detained

    John’s Answer

    Yes. You need to hire an attorney familiar with criminal and immigration law. You will need a letter from immigration authorities in advance. I have done this for clients in the past.

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  • How can I obtain the receipt of payment for a summons?

    Back in 2006, I had appeared to the criminal court for staying in park after hours. I had also pleaded guilty and paid the required fine. 3 months later, however, for what ever reason, then-summons turned into a warrant for not appearing to court!...

    John’s Answer

    If the court has no record of your payment, and you have no record of your payment, i think you are out of luck.

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  • Can you get the date of a dat changed in ny?

    I am located in ny. Got a dat for a shoplifting offense. First time offense and never have been in trouble with the law. I am visiting a sick family member during my dat date and was wondering if it can be pushed back or postponed for a later date...

    John’s Answer

    Hire an attorney. The attorney may be able to resolve the matter without you having to appear. Alternatively, the attorney can appear for you to request an adjournment. If you ignore it, the court will issue a warrant for your arrest for failure to appear.

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  • The woman who has a restraining order has moved from my apartment. How do I return to my residence?

    The apartment was rented to me. I let her move in 6 months after I moved in.

    John’s Answer

    it depends what the order of protection says. You may have to go back before the judge to get it changed. Talk to your lawyer.

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  • Search warrant in sublease recovered handgun and drugs DNA taken with no results frm me what are the chances of the case get dp

    I was the target of investigation judge ordered warrant for my DNA DNA came back no conclusion could be drawn. Charge me with gun possession and drug possession I never lived in the apartment it was a sublease but I was arrested outside the apartm...

    John’s Answer

    If this is a search warrant case and you are the target, chances of DP are slim to none, but obviously any attorney would need to review all the documents and speak to you in a confidential setting to give you any kind of real legal opinion. Same goes for strength of prosecution's case at trial. For obvious reasons, most drug dealers don't operate out of their own home, so the fact that you don't live there doesn't mean very much to me.

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  • How much time can you be doing ?

    How much time can you be doing with 3 misdemeanors, 1 A Felony, 1 B Felony, 1 C Felony and 1 D felony ?

    John’s Answer

    Many years, potentially, but for any real assessment you will need to actually sit down with an attorney and have a meaningful attorney-client consultation

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  • Do I need an attorney for a desk appearance ticket for shoplifting?

    I have prior from many years ago, but not for shoplifting or hurting anyone

    John’s Answer

    Yes. It is a misdemeanor and since jail is a possibility (remote, but theoretically possible) you must have an attorney.

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  • I mailed an open container ticket in April and did not receive anything so far. Am I in trouble ?

    I received an open container ticket that I decided to mail in April ($25 fine). I did not have to appear on June 3rd since I mailed the ticket. However my account has not been debited yet and I did not receive anything. Do you know how long does i...

    John’s Answer

    You won't have problems at the border, but I wouldn't let this go unresolved. Go to the court clerk and ask if there is a warrant out. No one will be grabbing your passport or printing you over this. If you can't do it yourself, hire an attorney to do it for you.

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  • How do I go about getting a diversion program for my court case of petty theft ?

    I am 17 years old and was arrested in New York for petty theft. I have court in 5 days and do not have enough money for a private attorney. I dont want this on my record and I'm really interested in a diversion program. How would I go about gettin...

    John’s Answer

    If you can't afford an attorney, one will be provided to you on your court date. By hiring your own attorney, you will have someone who can explain the procedure to you in advance and answer all your questions.

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