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Michael Dreishpoon
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Michael Dreishpoon’s Answers

11 total


  • In the state of new york what is the most I can recover in a settlement for a personal injury

    I had surgery due to a car accident the bursa was removed from my knee and I had a slap tear repaired on my shoulder. I was rear ended by a drunk driver he was ticketed and arrested. The model car was a pretty old buick. What is the maximum settle...

    Michael’s Answer

    On a "settlement," the tortfeasor's insurance policy will dictate the maximum recovery. In other words, if the tortfeasor has a 100/300 policy, then the maximum that you can get is $100,000. If your policy limits exceed the tortfeasor's policy limits, and you recover the tortfeasor's whole policy, then you can make an underinsured motorist claim through your own carrier to obtain additional settlement funds. Of course, if you go to trial, you can hypothetically win an unlimited amount of money, however, actually collecting money above the policy limits is often very difficult.

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  • I live in Nassau County, NY. If my son (20 years old) has an accident in my car which is also insured in my name, can I be sued?

    My son goes to college but still lives at home. We live in Nassau County, NY.

    Michael’s Answer

    The answer is yes. Vehicle and Traffic Law sections 153(1) and 388(1) state that the owners of vehicles are liable for the negligent acts of the drivers. Thus, if the injured party institutes a lawsuit, both the driver and the owner are sued as the defendants.
    The good news is that your insurance carrier will provide you with an attorney FREE OF CHARGE. If you have a 100/300 policy, then it's highly unlikely that you will ever be personally exposed to a judgement. If you have a minimal (25/50) policy, then you may be exposed to a judgement, though this is rare.

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  • I am on the registration and insurance of a friend's car. In the event she has an accident, am I also liable?

    What are the possible problems for me being on her registration and insurance?

    Michael’s Answer

    Vehicle and Traffic Law sections 153(1) and 388(1) state that the registered owner of a motor vehicle is liable for any and all negligent acts of the driver of that vehicle. That's a fancy way of saying that you will be held responsible for all bad acts committed by your friend pertaining to the vehicle in question. If you're not happy about this, then you must transfer title to your friend, and have her become the registered owner and the insured.

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  • My 19 year old son got a desk appearance ticket . top charge PL 165.40. 1st arrest. what will happen when he goes to court.

    Will he be appointed a lawyer at that time? What type of charge is this? What happened is a mail truck or UPS truck knocked on the door and said, we have a package for you, he signed and then detetives came and arrested him. He told the police,...

    Michael’s Answer

    Police officers issue a Desk Appearance Ticket ("DAT") when the charges are relatively minor (e.g., theft of services [jumping a turnstile], possession of a small amount of marijuana, trespass, etc.). Your son is being charged with criminal possession of stolen property in the fifth degree, a class A misdemeanor. The maximum penalty is 1 year in jail. That does not mean that he will go to jail, I'm just telling you the worst case scenario.
    Your son will be arraigned on the return date set forth on the DAT. You do NOT have to hire an attorney prior to that date, however, most people that can afford it do so because they want to be in control of who their legal representative is going to be. If you don't hire an attorney, a public defender will be assigned to his case. The case may get resolved that very day with a proverbial slap on the wrist (e.g., an adjournment in contemplation of dismissal ["ACD"] or a plea to disorderly conduct).
    Feel free to contact me if you have any additional questions.
    Michael Dreishpoon, Esq.
    718-793-5555

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  • What is the next step? Should I hire my own Attorney

    I was arrested last May for assault in the 3rd degree in Suffolk county NY. I was technically not involved with the assault just the person that was hit. I was arrested on scene and was not able to give a complete statement. Once i arrived for arr...

    Michael’s Answer

    Things tend to move slow out in Central Islip; nevertheless, your matter should've been resolved by now. There are only 2 ways to dispose of this matter: trial or a plea deal. Most people who can afford to hire an attorney do so because they want to choose who will be their legal mouthpiece (rather than getting the luck of the draw with Legal Aid). I've been helping people in your exact situation for 22 years and often handle cases in Suffolk County.
    Michael Dreishpoon
    718-793-5555

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  • How much time can a juvenile get for a 1st time robbery case?

    My son and another boy was arrested for robbery. my son was seen as the agressor he had a razor that he did pull out during the robbery. They took a man's cellphone and then the following week attempted to take a womans phone. This is his first ar...

    Michael’s Answer

    Sir:
    I have handled many similar cases in Queens County (my office is 2 blocks from the courthouse) and usually can work out some sort of plea bargain deal that does NOT include jail time. Every case is different, so I cannot and will not promise that I can keep your son out of jail, however, it is possible.
    Feel free to call me to discuss this in greater detail.
    Michael Dreishpoon
    718-793-5555

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  • Have dui in ny and i am a greencard holder. i would like to know would it be a problem applying for citizenship

    have dui in ny and i am a greencard holder. i would like to know would it be a problem applying for citizenship

    Michael’s Answer

    I practice criminal law in Queens County, N.Y., the most racially diverse county in America. Many of my clients are Green Card holders or have no status at all. Thus, I deal with such immigration issues every single day.
    You must be very careful when deciding how to dispose of your DWI matter because certain convictions can affect your ability to become a citizen and/or cause the revocation of your Green Card. In New York, DWI (Vehicle and Traffic Law sections 1192-2 and 1192-3) is an unclassified misdemeanor and WILL give you a criminal record and probably will delay your ability to become a citizen. However, the lesser charge of Driving While Ability Impaired By Alcohol (DWAI) is a violation and will NOT give you a criminal record or affect your immigration status.
    Make sure that you consult with an experienced criminal defense attorney before resolving your case!

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  • What is the penalty for breaking and entering a hess gas station while drunk and stealing candy?

    the details were covered in the question

    Michael’s Answer

    You can be charged with Burglary in the Third Degree, a Class D felony, which carries a maximum penalty of 2 1/3 - 7 years in prison. If it's your first offense, your attorney probably will be ablle to work out a plea bargain deal wherean you don't have to do any jail time.

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  • In NYC, what actions can be taken if the petitioner/defendant violated the order of protection?

    The petitioner contacted the respondent. I (respondent) want to know if the order can be modified or nulled.

    Michael’s Answer

    Was the order of protection issued by a Family Court judge or a Criminal Court judge? The person who violated the order can be arrested and charged with Criminal Contempt, a Class A misdemeanor. In a criminal case, the person who is protected by the order can ask the assistant district attorney to rescind it, however, most judges in the domestic violence courtrooms throughout the city are reluctant to do so while a case is pending.

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  • What is the minimum sentencing for Attempted Grand Larceny 1st D Felony?

    I ask this because my husband was arrested on 4-21-10 and his court date was on 5-4-10 but it was adjourned for three wks. I am trying to find out because nobody is giving me any answers and he has not been indicted. And I was asked to get a secon...

    Michael’s Answer

    First of all, if your husband is charged with Attempted Grand Larceny in the First Degree (Penal Law section 110/155.40), then he's being charged with a Class C felony and is facing 5 - 15 years in prison if convicted. He needs to hire an attorney immediately to avoid being indicted on this serious charge. If he's not guilty, a competent, experienced criminal defense attorney will determine whether he should testify before the grand jury or gear up for trial. If he is guilty, then plea negotiations with the assistant district attorney should be commenced right away.
    Feel free to call me at any time to discuss this in further detail.

    Michael Dreishpoon, Esq.
    718-793-5555

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