Paul V. Prestia’s Answers

Paul V. Prestia

New York Civil Rights Attorney.

Contributor Level 4
  1. How do I check on bench warrants, or outstanding summonses? Kings and New York County in New York City, NY

    Answered almost 3 years ago.

    1. Paul V. Prestia
    2. Benjamin J Lieberman
    3. Howard A. Schwartz
    4. Joseph A Lo Piccolo
    4 lawyer answers

    You can appear in person at each courthouse and inquire. You can also attempt to contact the court via phone 646. 386 4500 if you can get through If there is a warrant you may want to get an attorney.

    Selected as best answer

  2. Falsely Accused Of Rape In Kings County, Hired Attorney Failed To Convey An Offer To Me, Would Like To Know My Options...

    Answered almost 3 years ago.

    1. Howard A. Schwartz
    2. Benjamin J Lieberman
    3. Paul V. Prestia
    4. Christopher Jude Pelli
    5. Joseph A Lo Piccolo
    6. ···
    6 lawyer answers

    You always have a right to change counsel. In a serious case such as yours I would advise you to seek new counsel in light of the communication issues you are having. You and your attorney should always be on the same page. As far as the offer in your case it is common in a victim/sex case that the da's office will take their time to investigate (usually meeting with the victim for their opinion) before making a defendant an offer

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can a person go to jail in new york for self defense,they have no prior record.

    Answered almost 3 years ago.

    1. Joseph A Lo Piccolo
    2. Paul V. Prestia
    3. Benjamin J Lieberman
    4. Richard C. Southard
    5. Carlos Gonzalez
    5 lawyer answers

    Unfortunately, jail is a very real possibility- even if it is this person's first offense. Unless the DA's case falls apart (i.e. evidence or witnesses demonstrate the victim was initial aggressor or the victim suddenly becomes uncooperative) this is a case likely to go to trial. Any plea deal on attempted-murder (not a reduced charge) would almost certainly carry a jail sentence. At trial, the self-defense issue would be raised as an affirmative, which the DA has the burden of overcoming. At...

    3 lawyers agreed with this answer

  4. My brother is being charged with PL 120.00 01;He has one other offense and is in a bench trial. NYS. Sentencing will be?

    Answered almost 3 years ago.

    1. Joseph A Lo Piccolo
    2. Benjamin J Lieberman
    3. Paul V. Prestia
    4. Richard C. Southard
    5. John M. Cromwell
    5 lawyer answers

    I believe you stated this is a bench trial in which case it will be reduced by the da's office from an A misdemeanor to a B misdemeanor. This may be an indication that the case is not as strong as the da would like- although I am hesitant to speculate without knowing the specific allegations and facts involved. As far as his sentence if convicted, ultimately it is up to the judge (although your attorney will have a say in this) . Due to his prior record and depending on the injuries...

    3 lawyers agreed with this answer

  5. Can a grand larceny conviction be expunged in nyc?

    Answered almost 3 years ago.

    1. Paul V. Prestia
    2. Joseph A Lo Piccolo
    3. Benjamin J Lieberman
    4. Carlos Gonzalez
    4 lawyer answers

    No it cannot. At the moment, felonies convictions in NY cannot be expunged. You may be eligible for a Certificate of Relief from Disabilities which is the closest relief NY State offers.

    2 lawyers agreed with this answer

  6. My sister is suing the the city for the use of excessive force.. her lawerys is on the phone with the city l is that a good?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Paul V. Prestia
    3. David Ivan Bliven
    3 lawyer answers

    Hard to say if being on the phone with the City is a good thig. I mean, at least its a start. However, i think the attorney needs to give you a better explanation of what the process is. thanks Paul

    1 lawyer agreed with this answer

  7. Can you win a lawsuit after you do jail time since the appelates agreed on your appeal while you were incarcerated.

    Answered almost 3 years ago.

    1. Benjamin J Lieberman
    2. Joshua Sachs
    3. Richard C. Southard
    4. Joseph A Lo Piccolo
    5. Paul V. Prestia
    5 lawyer answers

    You need to sit down with an attorney to discuss the facts of this case to the determine the merits of going forward with a civil suit. This is obviously too complex an issue to provide a definitive answer without knowing the specifics.

    1 lawyer agreed with this answer

  8. Why isnt my husband given a court date for a case he has been indicted on?

    Answered almost 3 years ago.

    1. Howard A. Schwartz
    2. Paul V. Prestia
    3. Joseph A Lo Piccolo
    4. Benjamin J Lieberman
    5. Richard C. Southard
    6. ···
    6 lawyer answers

    It can take several weeks to be notified of the supreme court arraignment. Keep in contact with his his attorney to be apprised of the daye

    1 lawyer agreed with this answer

  9. Hello there i wanted to know if i could go back to nyc from mexico.i have a warrant for my arrest and how could i fix the probl

    Answered almost 3 years ago.

    1. Benjamin J Lieberman
    2. Joseph A Lo Piccolo
    3. James Earl Walsh
    4. Paul V. Prestia
    4 lawyer answers

    In most cases the only way to vacate a warrant is to appear in the court itwas issued.there are very few exceptions to this rule. Of course it depends on yourcase and why the warrant was issued. You may be able to have an attorney appear on your behalf. The other problem is that if you have a warrant and try to return you may be stopped by ins at the airport. There may be immigration consequences depending on your status.

    1 lawyer agreed with this answer

  10. How long do i have to file a civil suit against the police officers

    Answered almost 3 years ago.

    1. Eric Edward Rothstein
    2. Paul V. Prestia
    3. Christian K. Lassen II
    3 lawyer answers

    This happens more often then you think. Police use excessive force on someone, then justify it by charging that person with resisting arrest or assault- as in your case. You have 90 days from the date of the incident to file notice of claim against the city of new York for false arrest and assault. You can also file within 90 days of your case being adjudicated for malicious prosecution. Of course, your claims will be stronger if you can get your criminal case dismissed. You should consult...