Jay K Goldberg’s Answers

Jay K Goldberg

New York Criminal Defense Attorney.

Contributor Level 16
  1. I'm on probation for DWI and got a ticket that does not violate my terms of probation but still looks bad. What should I do?

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Eric Edward Rothstein
    3. Steven Marc Raiser
    4. Christopher Irvin Simser
    5. Jay K Goldberg
    6. ···
    6 lawyer answers

    You should report this to your PO. Failure to report contact with the police can lead to violation.

    16 lawyers agreed with this answer

  2. What are chances of probation instead of jailtime?

    Answered over 1 year ago.

    1. Jay K Goldberg
    2. Steven Marc Raiser
    3. Richard Caro Roxin
    4. Eric Edward Rothstein
    5. Joseph A Lo Piccolo
    5 lawyer answers

    It will depend on many factors including the ability to make restitution and the jurisdiction of the case. Your friend should hire a lawyer BEFORE she is contacted by the police

    14 lawyers agreed with this answer

  3. Arrested for DWI October 6.

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Jay K Goldberg
    3. Benjamin J Lieberman
    4. Michael Lewis Marley
    5. Michael J Palumbo
    5 lawyer answers

    If the car is being forfeited, you should have received a notice. You need to hire an attorney as soon as you can or you may lose your car.

    13 lawyers agreed with this answer

  4. Is it necessary for me to pay my doctors to testify at hearing or are they subpoenad.

    Answered almost 2 years ago.

    1. Joseph A Lo Piccolo
    2. Eric Edward Rothstein
    3. Jay K Goldberg
    4. David J. McCormick
    5. Yefim Rubinov
    6. ···
    12 lawyer answers

    You can subpoena the doctor without compensating him/her for the time, but you will not have a very cooperative witness. Usually, the doctor is not called but the records are subpoenaed and placed into evidence.

    12 lawyers agreed with this answer

  5. Hello, I got a summons for riding a bike on sidewalk (violation of 19-176 b).

    Answered about 2 years ago.

    1. Jay K Goldberg
    2. Howard A. Schwartz
    3. Benjamin J Lieberman
    4. Joseph A Lo Piccolo
    5. Maurice N Ross
    5 lawyer answers

    There is a big difference between subsection b and c. Subsection b is a violation, not a crime, and subsection c is a criminal misdemeanor. If you were given a ticket for subsection b, you can either pay the fine or go to the hearing and try to get it reduced. You really do not need a lwayer for this. The charge will not be changed to subsection c and nothing will appear on your record.

    Selected as best answer

  6. My 20 year old son was arrested December 29, 2012 and charged with DUI-NYS- I do not know why he was pulled over by officer.

    Answered over 1 year ago.

    1. Scott Evan Gross
    2. Michael Steven Pollok
    3. Jay K Goldberg
    4. Eric Edward Rothstein
    5. Joseph A Lo Piccolo
    6. ···
    6 lawyer answers

    Probable cause is needed but may have been from the observations of erratic driving. You should be able to tell this from the criminal court complaint. Speak to the lawyer about getting a copy of the complaint. Sometimes, there is a traffic violation that was the basis for the stop but no ticket is given on the theory that the DUI is a more significant issue. This, however, is not a good practice from the prosecution's view because it does raise an issue about the validity of the stop.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can I get my conviction changed to another more lesser conviction?

    Answered over 1 year ago.

    1. Jay K Goldberg
    2. Eric Edward Rothstein
    3. Harry Edward Hudson Jr
    4. Joseph A Lo Piccolo
    5. James Regan
    5 lawyer answers

    There is almost no chance of doing this. Unless you can claim that the plea was taken as a result of fraud or ineffective assistance of counsel, there is nothing that can be done.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Will a judge deny my permit to travel outside the country for my wedding?

    Answered almost 2 years ago.

    1. Jay K Goldberg
    2. Eric Edward Rothstein
    3. Joseph A Lo Piccolo
    4. Zev Goldstein
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    You should first ask permission from probation. If they say no, either your original attorney or a new attorney will have to make a motion before the judge. If the wedding is at a location where most of the family resides, and that can be proved, the judge might allow it.

    10 lawyers agreed with this answer

  9. Should i get an attorney for a dwi charge?

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Joseph A Lo Piccolo
    3. Eric Edward Rothstein
    4. Michael Steven Pollok
    5. Jay K Goldberg
    6. ···
    9 lawyer answers

    Yes, A good attorney should be able to help and may even get the charges dismisssed.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My sentencing is coming up soon. Im very nervous. This is my first offense- I am charged with an aggravated dwi. I blew a .20

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Jay K Goldberg
    3. John M. Cromwell
    4. Benjamin J Lieberman
    5. James Andrew Mcglynn
    5 lawyer answers

    I assume that this was an open plea. If there are no aggravating factors, I would say jail is not likely.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful