Carl Scott Spector’s Answers

Carl Scott Spector

New York DUI / DWI Attorney.

Contributor Level 11
  1. I got a disorderly conduct charge last night for being too drunk in public etc., if i dont have lawyer, whats worst can happen?

    Answered over 3 years ago.

    1. Nathaniel Burney
    2. Eric Edward Rothstein
    3. Carl Scott Spector
    4. Thomas Arthur Kenniff
    4 lawyer answers

    The judge will probably not allow you to go unrepresented. However, if you do not have an attorney then you would have to represent yourself or the judge may assign a lawyer to represent you. While the worst that will happen is not the most likely thing to happen. If you were to plead guilty or are found guilty after trial the worst that will happen is 15 days jail. The most likely thing to happen is a conditional discharge, fine, community service and a surcharge to be paid to the court....

    1 lawyer agreed with this answer

  2. Was this an illegal terry search? Syringes found and charged with possession of hypodermic w/o prescription.

    Answered over 3 years ago.

    1. Joseph Briscoe Dane
    2. Carl Scott Spector
    3. Harry Edward Hudson Jr
    3 lawyer answers

    You could have fought the search by alleging that it was an illegal search. A judge may have concluded after hearing from the police officer at a suppression hearing that he had no legal right to put his hand in your pocket to retrieve the money. It is very hard to justify a warrantless search of an individual unless the officer can articulate that he say contraband or his safety was compromised.

    Selected as best answer

  3. Please Help! Court's Clerical Mistake To Add More Time On Driving Suspension! What Can I Do?

    Answered over 3 years ago.

    1. Mark M Cheser
    2. Eric M. Mark
    3. Carl Scott Spector
    3 lawyer answers

    You have every right to challenge the mistake. You can order the transcripts from the court proceedings to see what they say. If they no longer have the original court file then send a request the DMV and take a look at your driving abstract. That may shed some light on the case. Lastly, you may be able to make a motion to the original court and have the judge reinstate the original sentence. Good Luck. Carl Spector Note: For informational purposes only.

    1 person marked this answer as helpful

  4. What does this mean?

    Answered about 3 years ago.

    1. Carl Scott Spector
    2. Michael S. Haber
    2 lawyer answers

    These appears to be notes from a court action sheet or transcripts from a court proceeding indicating that an individual defendant was granted an attorney to represent them without cost (either an attorney from the Legal Aid Society or from a panel of attorneys). Further, that an attorney asked the judge for a conference to be held on July 25 and then again on August 18, 2011. I hope this helps. Good Luck-

    Selected as best answer

  5. Can a judge say no to time served and good credit on a 6 month jail sentence?

    Answered 2 months ago.

    1. Stephen Charles Cooper
    2. Eric Edward Rothstein
    3. Carl Scott Spector
    4. Richard C. Southard
    4 lawyer answers

    Good time credits are for the department of correction to determine not for a judge. Good luck.

  6. DMV hearing for refusal

    Answered 5 months ago.

    1. Eric Edward Rothstein
    2. Anthony C. Cillis III
    3. Carl Scott Spector
    4. Nikole M Wynn
    4 lawyer answers

    You may order the transcript of the DMV refusal hearing. Depending on the location of the hearing you may be able to order the transcript from Ubiqus Reporting, Inc. located at 22 Cortland Street, Suite 802 New York , NY 10007. There is an appeal process for refusal hearings but since your hearing was held a year ago you are past the deadline to file an appeal. Good Luck-

  7. Criminal lawyer

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Carl Scott Spector
    3. Richard C. Southard
    3 lawyer answers

    As you know your friend is facing some very serious charges in New York. Penal Law section 265.02 is classified as a "violent felony offense" with significant exposure to state prison. I can tell from your question that your friend is still in jail from May 2011 which means that he has already been indicted by a grand jury or he has some other hold. In New York, having a weapon in one's home or place of business can be considered a misdemeanor, depending on the circumstances. I would...

  8. I received third unsafe violation in NJ that changed into 4 points. Any way to open the case to change into another violation.

    Answered over 2 years ago.

    1. Mark M Cheser
    2. James Alexander Abate
    3. Carl Scott Spector
    3 lawyer answers

    You can hire an attorney to attempt to withdraw your plea. Since you entered the plea with out the benefit of an attorney the judge may give you back your plea, there is no guarantee. If your plea is vacated you will be back in the position you were in before the plea was taken and will be faced with defending your case. That will leave you with a choice of trying to plea bargain again and if not acceptable then pleading to the tailgating which is 5 points or going to trial. Good Luck-

  9. I understand that NJ Defendants are excluded from PTI if Previously Diverted....

    Answered over 2 years ago.

    1. Mark M Cheser
    2. Eric M. Mark
    3. Carl Scott Spector
    3 lawyer answers

    It seems highly unlikely that you would be granted PTI with your prior diversionary history. Good Luck-

  10. Is pti only available to residents of NJ?

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Carl Scott Spector
    2 lawyer answers

    I am an attorney licensed to practice law in both New York and New Jersey. PTI is short for Pre-Trial Intervention. Pre-Trial Intervention is available to residents of other states besides New Jersey. PTI allows a person charged with a crime to enter into a diversion program with out pleading guilty and getting a criminal record. There are usually several conditions of PTI. In all matters that PTI is granted the person must stay out of trouble for a period of time. Good Luck-

Call now for a free consultation.

917-744-6593