Daniel N. Arshack’s Answers

Daniel N. Arshack

New York Criminal Defense Attorney.

Contributor Level 4
  1. Can I appeal an AGGRAVATED UNLICENSED OPERATION (AUO 3RD) conviction?

    Answered almost 3 years ago.

    1. Daniel N. Arshack
    2. Christopher Jude Pelli
    3. Joseph A Lo Piccolo
    4. Benjamin J Lieberman
    5. Richard C. Southard
    5 lawyer answers

    You should never have pled guilty to a misdemanor for this offense. You received bad advice from someone who did not know better. There is no real basis for appeal at this point 12 years later. And, unfortunately there is no expungement statute in NY (talk to your Assemblyperson and State Senator please). I have in the past successfully advocated on behalf of a client in a similar situtation who could demonstrate the significant prejudice that such a conviction can cause. In that case we...

    3 lawyers agreed with this answer

  2. Questionnable Behavior of Public Defender and Prosecutor

    Answered about 7 years ago.

    1. Sharon Elizabeth Chirichillo
    2. Daniel N. Arshack
    3. Anthony John Colleluori
    3 lawyer answers

    Nobody ever has to speak to a prosecutor or a police officer in the absence of suboena. Husbands and wives can not be compelled to testify agasint each other. The person who mya be testifed about always has the right to invoke that priviledge and restrain their spouse from testifying. The purpose of this rule is the societal interst in stimulating free and honest discourse between spouses. Your wife can not be compelled to testify agasint you if you invoke your priviledge.Asuming that your wife...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful