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John M. Cromwell
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John Cromwell’s Answers

1,484 total


  • Should I retain an attorney?

    My wife was arrested 4 months ago for a misdemeanor DV offense. I was the victim and signed a DIR and court complaint. Since then, I have decided I will definitely not testify and, while I understand the decision is the DA's, it is my strong desir...

    John’s Answer

    The best course is to hire your own attorney. Your wife's attorney is not your attorney and therefore can not give you legal advice regarding this case. Likewise, the prosecutor is not really your attorney, either, since the prosecutor represents the State, whose interests may be different from yours.

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  • Was police right arresting me with charges “Unlicensed vending” when I was helping licensed veteran vendor he was in bathroom

    It is already more then one year licensed veteran vendor, and me – street artist with tax ID have our tables next to each other (Broadway/Rector street, Manhattan). One day about 2-30 p.m. came undercover officers from PBMS (Graphity Control U...

    John’s Answer

    You need to Hite a criminal defense attorney. If you can't afford one, the Court will appoint you a free attorney when you come to court.

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  • Applying for Citizenship with a Criminal Record

    Here's the case: A family member was convicted of petty theft in NY state, the sentence was 1 year conditional discharge (not probation) with payment of restitution (which he has). His green card was issued in January 2012. Prior to that he was in...

    John’s Answer

    Petit larceny is not the same as petty offense. I believe the latter refers to convictions for marijuana possession involving less than 25 grams, which in NY is not a crime, but, as others have suggested, you really need to consult an immigration attorney.

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  • WARRANT SERVERITY F AFTER A GRAND LARCENY 1st C FELONY

    My brother is 17 currently at rikers it's been about a week since he was arrested I don't know nothing about the legal system he sees a judge today what can I expect

    John’s Answer

    More facts are needed. The DA will decide whether or not to indict the case. He faces jail but is also eligible for probation. He should meet with his attorney on his court date who will explain his options.

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  • My husband was charged with possession for $1.00 worth of marijuana. Is a dismissal possible? I feel the search was unwarranted.

    My husband and I were stopped for what the officer stated was running a stop sign. He asked my husband for his license which he provided which was clean. He then came back to car and told my husband to get out and that he was searching my vehicle...

    John’s Answer

    Where I practice, sounds like an ACD, which is a conditional dismissal, not a dismissal on the merits.

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  • I have a DWI form 17 years ago with an Unsafe Backing Ticket I failed to appear and have a Warrant for my Arrest.

    What I am I looking at in the way of fines and Penalties, too include possible Jail Time?

    John’s Answer

    Hire an experienced local criminal defense attorney. more facts are needed to give an accurate answer.

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  • Can a 16 year old boy charge for rape for a 17 year old girl ?

    This being goin on for a year now and the 17 year old girl lied and say that the 16 year old boy force her and they have had sex more than 5 times. Is that consider rape? 17 year old girl saying that 16 year old boy force her and rape her. When sh...

    John’s Answer

    Yes, a 16-year-old can be charged with forcible rape of a 17-year-old. It is a class B violent felony and a very serious charge carrying a mandatory jail term of anywhere from 5 years to 25 years. Consent is a defense, but the complainant's allegation of force can be enough to bring charges if the DA determines the allegations are credible.

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  • Is there ways of avoiding jail for Endangering the welfare of a child?

    I was arrested 3 years ago for a domestic despute between my girlfriend and I and charged with criminal mischeif, assault in the 3rd degree, and obstruction of breathing but was only found guilty of criminal mischeif and had to pay a fine. Now I a...

    John’s Answer

    Hire a reputable local criminal defense attorney ASAP

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  • I am a college student who was recently charged with drug paraphernalia, a scale empty baggies and a bowl.

    If I am convicted what are my possible consequences? Can I lose financial aid? What are some good lawyers in the westchester are that can properly handle this situation. I appreciate the help.

    John’s Answer

    If you are convicted of a drug-related misdemeanor, there will be financial aid consequences. Even a plea to a reduced charge can have collateral consequences including loss of financial aid. Look on this website or contact the local bar association for referrals to Westchester criminal defense attorneys.

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  • Repost.

    Posted too soon : Will I get a DAT or summons in the mail for shoplifting? Do I need to be on the lookout for the next two years? There was no arrest. Didn't take info other than license and address. No social security #

    John’s Answer

    Highly unlikely. If an arrest had occurred, it would have been on the spot. The only thing you might get in the mail is a civil demand letter.

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