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Kimberly Dawn Lerner
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Kimberly Lerner’s Answers

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  • I got caught shoplifting in target and it was under a first time offender. I am 16 years old.

    I want to know if i will be sent to jail for that ? I have a clean record. Also what i got caught for was about 80 dollars.

    Kimberly’s Answer

    This is a class A misdemeanor, but because of your age you are going to be treated differently. I an assuming this happened in Nassau County since you are frm Hicksville. If this happened in Nassau County, They are going to send your case to the Adolescent diversion part known as Adp. You will go before a judge for arraignment and they will conditionally release you to probation and send you downstairs for a YASI screening. Your parents must hire a lawyer or show the court that they cannot afford one. After you are screened, you must go to the adp part on a Wednesday at 2 with your parent and lawyer and based upon the screening the case will be dismissed or you will have to do some treatment and if successful your case will be dismissed. I hope this was helpful.

    Kimberly Lerner
    Lerner & Lerner pc
    1 Old Country Road, suite 125
    Carle Place, N.Y. 11514
    516 741 4100

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  • What are the conseqences of pleading guilty to a misdemeaor charge, giving a false statement?

    Earlier this year i got charged with an A misdemeanor for supposely giving a false statement about an incident and it really wasnt like. Ive been going to court since May for this and im just tired of it and was planning to just pleadguilty to the...

    Kimberly’s Answer

    An A misdemeanor is punishable up to a year in jail, three years probation, a fine or a combination. In addition, you will forever have a criminal record. In the State of New York, an employer (unless they are a governmental agency such as the police department) cannot ask if you have ever been arrested. They can only ask if you have been convicted of a crime. A record cannot be expunged in NY, thus, once you take a plea, you will be checking that "yes" box for the rest of your life. Time is a defendant's friend. When a case takes a while to resolve, you often end up with a better result. Hang in there. If you ultimately do take a plea, make sure it is a well thought out decision and not one made because you are tired of going to court.

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  • Can 2 petit larceny charges affect my chance of getting a job?

    I was arrested when i was 17 and i recieved a acod i believe its called this happened in nassau county but within the 6 months i got arrested in suffolk county for the same thing what is ganna show on my record? could i expunge the 2nd one?

    Kimberly’s Answer

    If the Nassau case was not reopened, then that was dismissed and void from the beginning as if it never happened (fingerprints destroyed, etc.). Assuming you were still under 19 when the second case happened, you are what is called "mandatory YO". Even if you pled guilty to the charge, the court must seal your record because you are under 19. Technically this is not a conviction, rather it is an adjudication. Thus, if you are asked on a job application if you have any convictions, your answer can still be no even if you pled guilty.

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  • My boyfriend has been in jail over two months now can he his bail be lowered. His bail is 20,000 right now..

    Hes facing a felong and two misdemeanors and its been two months and his bail hasnt been lowered and his lawyer hasnt done much for him?? Can he be released on "RoR"??

    Kimberly’s Answer

    The purpose of bail is to make sure a defendant returns to court on the next date. At the arraignment, the judge looks at his prior record and pending charges and sets bail if he/she determines the defendant is a flight risk. A bail application can made. However, the attorney making the bail application must show that there has been a change in circumstances since the arraignment. It is unlikely that the judge will go from $20,000 to ROR unless there are major weaknesses in the case or he is being released to an in-patient rehab facility.

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  • Criminal defense attorney

    If someone has a bench warrant from NY for not appearing in court for probation violation, can they get a drivers license in SC or will DMV pick up the warrant on their computer and call the cops for an arrest?

    Kimberly’s Answer

    As long as your driving privileges are valid in NY, you should be able to get a SC license. A warrant does not appear on your DMV records, only a scoff if you fail to answer a ticket. In any event, you should hire attorney and address your outstanding issues in NY because sooner or later they will catch up with you.ki

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