Stephen C. Cooper’s Answers

Stephen C. Cooper

New York Criminal Defense Attorney.

Contributor Level 19
  1. What am I looking at for my 2nd DWI in NY?

    Answered 10 months ago.

    1. Stephen C. Cooper
    2. Eric Edward Rothstein
    3. Gregg A. Pinto
    4. Richard C. Southard
    5. Francis M Ciardi
    6. ···
    9 lawyer answers

    You are probation eligible even if you plead to the felony. A lot depends on the attitude of the Judge and or the DA. An attorney can plead your case informally and hope to receive either a misdemeanor or a light sentence.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Green card holder arrested for shoplifting, Immigration Law/ Criminal defense please HELP!

    Answered 5 months ago.

    1. Giacomo Jacques Behar
    2. Stephen C. Cooper
    3. Andrew John Bartlett
    4. Eric Edward Rothstein
    5. Daniel DeMaria
    6. ···
    7 lawyer answers

    An ACD results in a dismissal of all charges. It is not a conviction. It should not be a problem.

    14 lawyers agreed with this answer

  3. Can you tell me the consequences for accidentally trespassing into someones home when drunk?

    Answered over 1 year ago.

    1. Stephen C. Cooper
    2. Christopher Irvin Simser
    3. Joseph A Lo Piccolo
    4. Michael R Varble, Esq.
    5. Frank Mascagni III
    5 lawyer answers

    It starts out with what crime is he being charged with. If its trespass, with no damage. he will probably not do any time. However, if he is charged with Burglary, that's a felony and time is more possible. He needs to hire a good criminal attorney. If I were his lawyer, I would explain the situation to the prosecutor and try to convince him to offer an ACD.

    Selected as best answer

  4. When can a defendant request Rosario material in a felony DWI case in NY? And when is a defendant entitled to Rosario material?

    Answered about 1 year ago.

    1. Stephen C. Cooper
    2. Ian Thomas Fitzgerald
    3. Eric Edward Rothstein
    4. Daniel Simon Hahn Szalkiewicz
    5. Jonathan Brian Manley
    6. ···
    8 lawyer answers

    Counsel can request Rosario at any time and usually does so in the Omnibus Motion. The DA normally resists turning over the Rosario until the beginning of the ore-trial hearings or just before a witness into testify.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I was arrested for disorderly conduct and then sent to the emergency room because I was intoxicated. What should I do about this

    Answered over 1 year ago.

    1. Stephen C. Cooper
    2. Eric Edward Rothstein
    3. Christopher Irvin Simser
    4. Amanda K. Ambrose
    5. Samuel Cohen
    5 lawyer answers

    Your already on the good path. Why ruin it by pleading guilty to anything? Hire an attorney and have him obtain an ACD or outright dismissal. Even though the case would be sealed in one year if you pled, why have it on your record at all?

    11 lawyers agreed with this answer

  6. I had a 2oz glass of wine with my dinner at work at 9:45pm, I am scheduled to leave at 10pm from the job. Am I in violation?

    Answered 2 months ago.

    1. Stephen C. Cooper
    2. Lawrence H. Schoenbach
    3. James Ryan Daley
    4. Glenn Johnston
    5. Jay Scott Finnecy
    6. ···
    6 lawyer answers

    two ounces of wine should noit make you impaired or intoxicated. Howver, each person is affected differently by alcohol. Your body weight, age, and other things affect metabolism of alcohol.

    10 lawyers agreed with this answer

  7. Is it common for prosecutors not to budge in plea negotiations?

    Answered 12 months ago.

    1. Savyon Grant
    2. Stephen C. Cooper
    3. Eric Edward Rothstein
    4. Arkady Bukh
    5. George Peter Conway
    5 lawyer answers

    It is both common and uncommon. The DA makes what he feels is a fair offer. If nothing changes, the offer won't change. Its only if he feels that more or less would be appropriate that he changes the offer.

    10 lawyers agreed with this answer

  8. Conference

    Answered 12 months ago.

    1. Stephen C. Cooper
    2. Terry David Horner
    3. Alan James Brinkmeier
    4. Eric Edward Rothstein
    5. George Peter Conway
    5 lawyer answers

    You must be able to communicate with your attorney. Your case may well be headed for dismissal, or just being ignored. There is no way to tell without asking. The adjournments all seem to be by consent so speedy trial time is not adding up. Under no circumstances should you speak with the DA.

    Selected as best answer

  9. Is it illegal to get drunk?

    Answered 3 months ago.

    1. Stephen C. Cooper
    2. Michael D. Litman
    3. Eric Edward Rothstein
    4. Glenn Johnston
    5. Carlos Gonzalez
    6. ···
    10 lawyer answers

    There is no offense under the criminal law for getting drunk in private and behaving thereafter. Getting someone else drunk might be a crime if they are a mionor, etc.

    9 lawyers agreed with this answer

  10. I have been fighting my lawsuit since may 1 2010 I was offered 7, 500 two yrs ago now I have another settlement sitdown on the11

    Answered over 1 year ago.

    1. Anthony A. Ferrante
    2. Stephen C. Cooper
    3. Eric Edward Rothstein
    4. Jeffrey Mark Adams
    5. David Ian Schoen
    6. ···
    8 lawyer answers

    And what is the criminal law question you want answered?

    9 lawyers agreed with this answer