-Stalking By Proxy

Critical Resources To Repair Your Life  

And Counter Victimization

Criminal Charges Descriptions:

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Most people do not understand the criminal charges they are facing and never get to see a comprehensive document on what the charges mean and their associated penalties. This resource will help you learn more.  Learn More: Click here.

NYS Criminal Procedure Law:

Our critical resources section features six sub-sections.  

This resource is one of three resources on Criminal Procedural Law in NYS.  They each offer the same content

but the structures make some easier to read; as a result I included each.

Consolidated Laws of New York's CPL code: This site contains the full online searchable text of the Alcoholic Beverage Control Law, the Criminal Procedure Law, the Penal Law and the Vehicle and Traffic Law for the State of New York. Also the Civil Rights Law, Family Court Act, U.S. Constitution and selected articles from the Navigation Law.

Resource 1: Click here.     Resource 2: Click here.       Resource 3: Click here.

 

Uniform Rules for N.Y. State Trial Courts

Administrative Rules of the Unified Court System & Uniform Rules of the Trial Courts

Learn more: Upon entering the site click on menu on the right Enter here.  

Sealing A Criminal Record:

How To Seal Your Criminal Record In NYS:

In 2017 New York State passed a law that allows people to seal up to two conviction records: It is Criminal Law Procedure (statute) §160.59

Sealing Old Conviction Records in New York State: Click Here To Download.

 

Millions of adults in the U.S. have a criminal record.

Record clearance—removing criminal history information from easy public access—may provide people with an opportunity to put their pasts behind them. The Clean Slate Clearinghouse provides people with criminal records, legal service providers, and state policymakers with information on juvenile and adult criminal record clearance policies in all U.S. states and territories. Select a state from the map or list below to learn more about its juvenile and adult criminal record clearance policies. You will also find contact information for legal service providers and lawyer referral services, as well as links to court forms and state-specific guides.  

https://cleanslateclearinghouse.org/states/

 

NYS Courts Sealing Application:

This is the actual Sealing Application From NYS Courts:

Click here to view and, fill out, or, download - Instructional documents are also featured.

 

Certificate of Relief from Disabilities or Certificate of Good Conduct:

If the record is not eligible to be sealed under New York State law, it may be possible to obtain a Certificate of Relief from Disabilities or Certificate of Good Conduct:

 

This is your application for a Certificate of Relief from Disabilities or for a Certificate of Good Conduct. Please review this information carefully. Then, complete the application as best you can.  If you leave out information, it could take longer for the Department of Corrections and Community Supervision (DOCCS) to make a decision about your application. Click here.

 

If you decide to use a lawyer to have your record clear most of the Legal Aid organizations won't charge a fee but private attorneys will not. Here is a map of legal entities in each state: Learn More: Click here.

 

Certificate of Relief from Disabilities

A Certificate of Relief from Disabilities (CRD) is a way to remove certain Collateral Consequences of a criminal conviction. Having the CRD can remove bars to applying for jobs, licenses, public housing and more. If you apply for and receive a CRD, you will have the right to apply just like someone without a conviction.  Click here to fill out or download the application, carefully read the instructions for this application.

 

Important! Even though the application form does not ask for proof of rehabilitation, you should attach any evidence you have, like a personal letter that explains what happene; letters of recommendation from jobs or clergy; or certificates of completion of drug treatment, job training or volunteer work. Read the guide: How To Gather Evidence of Rehabilitation. Click here.

 

After Completing the Application and Gathering Evidence of Rehabilitation

Different Courts follow different procedures for CRD applications. Use the court locator box to find the phone number for the court that sentenced you. Call the court and ask these questions:

 

How do I submit my application, can I mail it, if so, where?

Do I have to get a probation report, and if so, how?

Do I have to submit my fingerprints, and if so, how?

Will I have a court date and hearing? if so, when?

How do I find out the Judge's decision on the CRD? Do I have to submit a self-addressed stamped envelope?

After you submit the application, you may have to meet with a probation officer. The probation officer writes a report to the Judge that says whether you should get the CRD. You can see a copy of this report, ask the judge. The court may hold a hearing before deciding whether or not to give you a CRD

 

A CRD is temporary if it is granted while your sentence is revocable. A revocable sentence means that for a period of time the court has the power to change or take away your sentence and give you a greater punishment if you do something wrong. Revocable sentences include probation, conditional discharge and suspended sentences.

 

If you violate the conditions of your sentence, the court may tell you that it wants to take back the CRD. You will have a chance to ask the court to keep your CRD. If the CRD is revoked you are supposed to return the CRD to the court. It is a misdemeanor to use a revoked CRD to get relief from a disability.

 

Once the period of time that your sentence can be revoked ends, your temporary CRD becomes permanent.

If it has been more than 10 years since you were convicted of a crime, you may be able to ask the Court to seal your records.

 

ACS: Clearing Your Name:

Often in Stalking By Proxy situations, or a divorce, the target will be stained by a false child maltreatment allegation. ACS will drop an unfounded claim after an investigation but will still keep it on record. If this happens to you use the document CLEARING YOUR NAME: A step-by-step guide through the New York State Central Register of Child Abuse & Maltreatment.Click Here To Learn More. 

This next guide is a clearly written Criminal Justice System Handbook by NYS Courts online resource site.

You can read through it and manually save it as a pdf file.  Learn More: Click here.

Many public defenders, court-appointed attorneys, and private lawyers will try to direct you to accept a plea offer. The court system is duplicitous, on the one hand, it advises persons not to accept plea offers without understanding how it will impact other areas of their lives. On the other hand, it allows state-paid defense attorneys, many of whom are egotistical and dogmatic, to ignore your right to know about the collateral consequences associated with a plea.  NYS prosecutors are known for threatening defendants through their legal counsel especially if the state pays for the person's defense attorney. There is no public integrity in this setting. Bottom line: This is your life. Protect it. If you have an attorney who is forcing you to accept a plea and has intimidated, and threatened you for the prosecutor's office, file a complaint. Bullying is inappropriate behavior and people who bully regardless of their occupation have behaved in this manner for most of their lives; their jobs provide new avenues to collect victims. There is no personality disorder screening before a person can become a judge, a prosecutor, or a defense attorney but that should be the norm, because dangerous personalities are drawn to power and you will find them in every field; no sector is exempt.  New York State has a committee that deals with attorneys who behave inappropriately.  A prosecutor is an attorney; so are public defenders; and court-appointed lawyers.  These individuals are all lawyers who must function ethically in New York State.  If New Yorkers do not report them they will continue this behavior. Visit the complaints section of this project to learn where to report the bad conduct of prosecutors and attorneys as well as judges and the police.

When males experience abuse in an intimate partner setting it has a domino effect; devastating other areas of their lives.  False allegations are tsunamis. Male victims will often experience wrongful termination from their employment; false allegations made to CPS; financial abuse; eviction from their dwelling; homelessness; the list of challenges a male victim can experience are endless and can lead to suicide. A man's dignity and his manhood are critical to his survival and his identity, they are each as important as a woman's dignity and womanhood. We do not need to destroy men to make the point that women have and do suffer cruel and inhuman acts by males.  They also suffer the same from women in the home; at work, and in a variety of settings including gross human rights violations where they seek help. These actions to do not define all women or men only those who commit bad acts.

This section deals with NYS Criminal charges and penalties; Criminal procedural law; Sealing criminal records; Links To Download Applications and Instructions; Co-occuring ACS matters as a result of false allegations.