Common Criminal Defense Questions

Have you been arrested or charged for a criminal matter? Read the answers to these common criminal defense questions, then call our lawyers.

What are the Effects of a Restraining Order?

  • Common Criminal Defense QuestionsA restraining order is usually issued by one of our local town, village, or city courts, but it may also be issued by the family court if a complaint has been made to the police, or if one party alleges a family offense in Monroe County family court.
  • The court will issue a one-sided order without hearing the other side.
  • That is the restraining order which orders a person to stay completely away from the one who filed the request, or to have no contact with that person.
  • If someone files a criminal charge or family offense against you, it is imperative to abide by that restraining order. It is no longer just the other person simply making the complaint against you.
  • Once a court has issued an order that says either stay away or have no contact, you must not continue having contact with the complaining party or violate that restraining order because doing so is a violation of a judge’s order – not just a disagreement with the other person.

How long do I have to wait to seal a criminal conviction in New York State?

  • You will have to remain crime-free for 10 years before asking the court for a sealing order.

Are there any convictions that don’t require the 10-year waiting period to be sealed?

  • Most drug-related offenses, other than A felonies, do not require a waiting period before asking the court for a sealing order.
  • This includes a lot of non-drug specific offenses that were committed because of a substance abuse problem

How do I go about getting a drug-related conviction sealed?

  • Getting a drug-related conviction sealed is not an automatic process
  • You will have to file a motion in the court where you were convicted
  • It may be helpful to hire a lawyer who has experience in drafting such a motion

What do I have to show when filing a motion to seal a drug conviction?

  • The motion will have to show 3 things: (1) that the offense is eligible for conditional sealing, (2) that you’ve completed a court-approved rehabilitation program, and (3) that you’ve completed any other sentence ordered by the court.

What other factors might the court consider when determining whether to seal the conviction?

  • The court will also consider how serious the offense was, your criminal history, and the impact on your rehabilitation .
  • For example, if not granting the motion will affect your employment.

What does conditional sealing mean?

  • This means that if you are arrested again for a misdemeanor or a felony, your conviction will become unsealed.
  • However, if you get a good result, meaning a dismissal, acquittal, or a declined prosecute the conviction will be sealed again.

Have you been charged with a criminal matter and have questions? After reading the answers to our common criminal defense questions, contact our experienced Rochester Criminal Defense Lawyers to represent you.

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