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Laura L. Mecklosky's Answers
- 57 Legal Answers
- 1 Legal Guide
4
Attorney answers:
College application asks-Have you ever been convicted of a criminal offense?
My take on the question, "Have you ever been convicted of a criminal offense" leads me to read that question as "Have you ever been convicted of a crime." If you plead to possession of marijuana as a violation, than you have never been convicted of a crime. Violations are not crimes. Misdemeanors and felonies are. It is my opinion that you can honestly answer that question as "no." I think the web link from the Legal Action Center can be informative. See page 38 and the following pages.
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2
Attorney answers:
I rec'd a disorderly conduct charge in nyc (violation, not misdemeanor). Requesting advice
I agree with my above colleague. In NYC, on a disorderly conduct charge, ACD's are fairly common. Let your attorney know this is what you are looking for and hopefully he/she can speak with the prosecutor beforehand. They might ask for community service but not too much. In any case, Disorderly conduct is a violation, not a crime so any background check done by fingerprints this would not show up. Realistically, a plea to this type of charge would generally not be a bar to many types of...
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1
Attorney answers:
Petty Theft, Will I be caught? and what happens if I am caught?
You may get caught if there is evidence of the theft such as, like you noted, a tape. Do they know you? Are you a frequent visitor to the store? If you go back, the sales person might recognize you and alert the authorities. But realistically, the chances are probably slim especially if this is a large store with a lot of clientele. A small town store might be another story. The shopkeeper might not want to let this go so easily. If you are caught, this is called Petit Larceny since the...
3 people marked this answer as helpful
1
Attorney answers:
I plead guilty to a plea of a mistameanor and was placed on probation can they bring back the felony for violating probation?
I believe what your situation was is that you were originally charged with a felony, you plead to a misdemeanor, were placed on probation and you violated the terms of your probation. If this is the case, the answer is no. Once you have plead and were sentenced on the reduced charge, the Prosecution and the court cannot bring back the original charge. However, if you violate probation, the judge can sentence you to whatever he could have sentenced you to on the reduced charge. If you plead to...
2 people marked this answer as helpful
3
Attorney answers:
What will be my fines for shoplifting and does it show on my record?
Sometimes stores will not call the police but will detain you if you are caught shoplifting. Sometimes they will have you sign something that says you must stay out of their store and if you are caught you will be charged with trespassing. If the police were no involved, then you were not arrested. If there was no arrest, there is no criminal record.
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3
Attorney answers:
Possession in NYC
I have heard this often from my clients. That is police telling the person arrested that they would "just have to pay a fine" Rarely, it's just this easy. If it was a small amount of cocaine and marijuana, your boyfriend was most likely charged with an A misdemeanor for the cocaine and possibly a violation for the marijuana. The A misdemeanor carries with it a possible jail term and fines. Depending on your boyfriends previous record and any other aggravating circumstances he could be...
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2
Attorney answers:
If my lawyer waived my 30.30, how long does the da have to take me to grand jury?
Since your lawyer waived your 30.30 rights, that is, he has waived your rights to a speedy trial, the District Attorney is under no time limitation. That does not mean that your rights are waived forever. Waiving 30.30 time is usually done on a temporary basis so your attorney and the District Attorney can investigate the case and possibly look towards a plea bargain. If your attorney did not waive the time, the People would have 6 months to present the case to a Grand Jury. However, in some...
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3
Attorney answers:
Does an unlawful possession of alcohol ticket go on a criminal record?
In my experience, unlawful possession of alcohol is a local ordinance that is a violation, not a crime (like misdemeanors or felonies.) Usually, but not always, records for the purposes of job applications and the like are found by fingerprints. If you were not fingerprinted, it is unlikely that a conviction will show up on your "record."
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2
Attorney answers:
My boyfriend is being charged with assault 3, he has never been convicted of a felony what is jail time if he gets convicted?
Assault in the third degree is a class A misdemeanor. If convicted, he faces up to one year in jail. However, the judge, who would sentence him takes into account a number of factors. Those include his criminal history, the victims feelings, the District Attorney's input, the severity of the injuries, the probation department's input, to name a few. There could be other factors. Rarely is someone sentenced to the max but there of course are exceptions. It's difficult to say what an...
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2
Attorney answers:
What is the difference between ACD and no record of arrest?
I get this question a lot. I think the following publication is very educational concerning that topic. Look at pages 23 and following. Good luck.
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