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Michael J Palumbo
Avvo
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Michael Palumbo’s Answers

3,336 total


  • My son got a failure to yield ticket, 39:4-144 Failure to observe stop or yield signs.

    He is thinking of asking for a no point charge, and pay the surcharge. Please note that he pleaded "unsafe driving" to an improper lane change (swerved and lost control and hit another vehicle) back in April 2014, and paid the surcharge. Wou...

    Michael’s Answer

    Anyone can go, ignorant and blind with hand in hat and ask for anything they want. The question becomes, what if they say "no." Does your son know how to negotiate for himself? Does he know the difference between a good deal and a bad deal? Does he have the knowledge and capacity to prepare a and conduct a trial? Does he understand legal procedure, evidence, discovery, hearsay, and motion practice? does he understand the ins and outs of how to make a motion to dismiss and how to spot issues that could lead to a dismissal? These are all the reasons why someone like your son should bite the bullet and retain legal counsel. Believe me when I tell you, it will be the best money ever spent.

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  • Why is jewelry considered a "useful article?"

    The very definition of jewelry, is 1. articles of gold, silver, precious stones, etc., for PERSONAL ADORNMENT, 2. any ORNAMENTS for PERSONAL ADORNMENT, as necklaces or cuff links, including those of base metals, glass, plastic, or the like. The...

    Michael’s Answer

    I agree with you. But why do you ask the question?

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  • I have gone to Traffic Court numerous times and I'm tired of being treated like garbage. Every time, I've been right. The last

    time, I parked in a municipal lot, paid to park and put the receipt visibly on my dashboard. I returned and saw that I had a ticket ($95). Allegedly, I parked in an area for City Vehicles only. I took several photos from several different angles. ...

    Michael’s Answer

    I know how it feels but yes, you can be punished severely. It's called contempt of court. The more fundamental problem though is your inability to learn how the system operates. Rather than go in there and talk to the prosecutor and have your tickets reduced to a $5.00 fine or something similar, or a moving violation converted into a non-moving violation, you go in there all bombastic thinking that you are a cross between Perry Mason and Donald Trump and everyone is going to be "wowed" by your tale of woe and / or legal acumen and dismiss your case. Doesn't work like that my friend people like you are cut down at the knees each and every time.

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  • How do do i beat a improper use of cell phone use ticket

    how do i beat a improper use of cell phone use ticket

    Michael’s Answer

    Here's the problem with your question - you are not asking for information on the implication of a conviction on your insurance rates or driving privileges. Nor are you asking about the benefits of retaining counsel. Rather, your query calls for methods and techniques of how we do what we do. No lawyer is going to give you that information, because that is what we do and what we sell. The information you seek is our inventory. It's one thing to ask the grocer for the difference between whole milk and 2% milk; it's quite another to ask the grocer to drink it without paying. You will either have to purchase the services of counsel, or hit a law library and figure it out yourself.

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  • Will a 1225d tckt in NY show on my CT license if Im convicted in court and will it be 3 pts that it was in 2012 or 5 pts now?

    I had a Georgia license in 2012 when i got the ticket but currently have a connecticut license. My court date is approaching in less than 2 weeks. I did receive multiple tickets that day due to the fact that my wallet was stolen and i did not reg...

    Michael’s Answer

    You really need to retain counsel to figure this thing out. You are potentially facing loss of license and / or driving privileges. The least of your problems are point accruals. Call a traffic defense lawyer ASAP!

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  • Can i take pictures at a retail shop

    i had an injury at a retail shop few days later i went back to take pics of the store and the material from the shop that injured me. an employee came up to me stopped me told me i cant take pics at the sore. i know thats wrong and since its a pub...

    Michael’s Answer

    It's not a public place it's a private business. A public place is a park or library. Do you have a broken bone from your fall?

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  • Fighting a 1110a ticket

    I was driving on the highway (middle lane) and a State Trooper is coming off of the ramp and eventually getting in front of me. He switches to the third lane put his lights on and gets behind me. He said I was speeding 86 mph and that his rear rad...

    Michael’s Answer

    The ticket the cop gave you was a gift horse. He could have written you up for a 6 point speeding but he didn't he gave you a break and wrote you for a 2 point non-speeding. Stop looking your gift horse in the mouth and just pay it, or set it down for trial if you don't want the 2 points.

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  • Should I worry about losing my license in NJ from driving with a suspended license?

    Long story short: I moved back in December and never updated my address. I had insurance surcharges from the NJ DMV from an old ticket. I missed a payment and was unaware of my license getting suspended from this (the notice went to my old address...

    Michael’s Answer

    I think this: " I have court in three weeks and wonder if my circumstances permit pleading down my ticket as I will lose my job if I cannot drive" answers this "Should I worry about losing my license in NJ from driving with a suspended license?" Yes you should worry. And inasmuch as your entire income stream is on the line you should invest in what it takes to retain counsel.

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  • What type of attorney do I consult?

    I had just had a second surgery on my kidney in a month. I had told 2 nurses Wheeling me to surgery that lidocaine doesn't work on me. They said they would tell the doctor. They didn't. I took 20 needles of lidocaine in my back before they started...

    Michael’s Answer

    You need a medical malpractice lawyer. I do speeding and traffic ticket defense but there is a medical malpractice attorney on AVVO that I know and everyone loves when I send them to him.

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  • First offense, upm and dui. Please help.

    Got pulled over by state troopers, they saw weed in my back seat (small amount) and they searched my car (no consent to that). Asked me to get out of the car and I ended up performing a sobriety test (without consent as well or even being asked). ...

    Michael’s Answer

    Defense for the level of service you need is going to require an investment on your part of $10,000.00 maybe more. There are legitimate defense issues to proffer but the amount of time, research, and preparation is extensive. You will obtain that level of service you pay for. Contrast, you can get away with spending $1,500 or maybe even less if you retain a lawyer whose only instructions are to "read and plead" you; i.e., all you want is an escort through the process to explain to you in plain English what you are doing and what it all means. Much of your decision matrix is going to be based on what you can afford, and then if you can afford to invest what you need to zealously defend yourself then it is going to depend on whether you see the value of the service and your risk tolerance, because no matter how much money you spend you could always be convicted. Contrast, if you are willing to plead guilty "as charged" you are trading off saving a lot of $ in attorney's fees to certitude of the worse outcome possible. That may look good now, but when you go apply for that government job in the future it may come back to haunt you. So, think over what you can afford, what you are willing to spend and risk, talk to a lot of lawyers, and take it from there.

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