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Rex Michael Pietrobono
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Rex Pietrobono’s Answers

18 total


  • What happens after getting caught shoplifting at Target?

    So I got caught shoplifting at Target the other day. They stopped me before I left the store and took me to a room with cameras. Asked if I ever shoplifted before and I said no, it was the first time. Had me turn over my id, took my picture, an...

    Rex’s Answer

    It sounds like you were fortunate - I have defended a number of persons charged with theft, or petit larceny, from Target. They have an amazing HD quality security camera system in place which can zoom in extremely close and sharp. Since you weren't arrested, no criminal record. They will likely be seeking a multiple civil "restitution" from you (up to $500) even though you never even left the store with the items!

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  • The national trial lawyers Criminal Trial Lawyers Association

    If the lawyer is in the Trial Lawyers Association is that mean that the lawyer is very good at the criminal case ?

    Rex’s Answer

    It may be indicia of a good attorney, but ultimately, you should speak with a few attorneys and make your own decision. Affiliations do not hurt, but they are certainly not the litmus test for competency.

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  • I received an 1180b near Rhinebeck NY 77 in a 55. First offense ever. Should I be looking for an attorney? Thanks

    77 in a 55, not sure if there was radar. Ticket was issued in town of Clinton ny, court is in Rhinebeck

    Rex’s Answer

    In my opinion, hiring an attorney on a case such as this one will increase your chances for the best result. Make sure it's an attorney you are dealing with and not a non-attorney trying to act like one. The attorney should be experienced in handling a multitude of such offenses and reducing or eliminating your points. They may appear in court without you, so you can go about your work day unaffected.

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  • Reckless driving ticket

    Does reckless driving ticket mean arrest?

    Rex’s Answer

    Arrested or not, you have been charged with a crime in NY. It sounds like you may have ben detained briefly (no longer free to leave) and so in that sense you were under arrest. It is hard to tell what occurred from your question, but if you were not placed into custody and taken down to the station to be booked and processed then they would have given you an appearance ticket and/or a summons if you were being charged with Reckless Driving (VTL 1212) - an unclassified misdemeanor with a fine, sur-charge, and/or maximum incarceration period of thirty days. The matter will typically be placed on the criminal, not traffic calendar. A lawyer should be able to amply assist you in this matter.

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  • Not guilty for DUI

    I was arrested in the US by the tribal police for supposedly being under the influence of drugs, which I wasn't. I passed the breathalyser, I didn't do great on the field test (walking in a straight line thing) but it was obviously sober and not u...

    Rex’s Answer

    Yes, you need the assistance of an experienced DWI attorney. At the first appearance (arraignment), they will supply you with the accusatory instrument(s), but they CANNOT suspend you without a bac of 0.08 or greater. I suspect that what you refer to as the "breathalyzer" preceding the FSTs was actually an "alco-sensor" (handheld device) for probable cause) and inadmissible anyway. For some reason, a blood test was elected, so the People have to wait and the court can't suspend until the lab comes in and reaches the threshold number. Get an attorney and get defending!

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  • Officer wrote me a ticket for 1 ticket but when i go online to plead its showing he gave me 2 tickets for the samething.

    Officer gave me 1 ticket for disobaying posted traffic sign but when i go online to plead its showing he gave me 2 tickets for the samething, is it possible to look up a ticket?

    Rex’s Answer

    It is physically possible the officer wrote you for two tickets for the same thing (e.g., speeding and unreasonable speed in Staten Island, NY) arising from the same facts - but, he should NOT have done so. This is a motion and/or trial matter wherein this duplicitous issue should be resolved by an attorney in your favor.

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  • CAN I GET MY CAR OUT OF THE IMPOUND IF IT HAD DRUGS

    i was locked up 2 months

    Rex’s Answer

    Yes, unless there is a forfeiture involved, your attorney should be able to get the DA's office to advise the police to release your vehicle. The yard will not release without police approval and the police will not approve without the green light from the DA.

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  • Traffic ticket in Suffolk County, NY

    Can a Suffolk County, NY ticket be dismissed if your old address, not your current address is written on the ticket and also exact place of occurrence of incidence is wrong as well?

    Rex’s Answer

    These are trial issues which, if raised improperly, fail, and if somehow raised properly by a lay-person, may still fail for not knowing what to do with the information and deal with questions, such as, amending the accusatory, etc. I suggest you hire competent counsel to handle.

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  • Should I pay the driver responsibility assessment fee in NY state if I don't have a driver's license?

    My mother got a ticket in NYC while biking (red light violation). After paying all the tickets (>$400), she received a letter asking for "driver responsibility assessment fee". On the letter it says her driver's license will be suspended and she ...

    Rex’s Answer

    Yes, I recommend she pays it - it's due. In the event she should drive again without doing so, she could be suspended and, perhaps, arrested for aggravated unlicensed operator. Also, if New York suspends, she may have trouble with relicensing in her home state in the future.

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  • How do I fight this cell phone ticket?

    I got pulled over for having my cell phone in my hand, but I was not talking on the phone, I can prove this with phone records. However my bigger concern is the 5 points it will put on my license. Even if I did hire an attorney, what are our chanc...

    Rex’s Answer

    That's all that VTL 1220(d) requires for "using" an electronic device - even just having your phone in your hand. The statute clearly states: "using" shall mean holding a portable electronic device while viewing . . ." You would benefit from hiring a good lawyer will be able to reduce or eliminate the points.

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