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Joseph A Lo Piccolo

Joseph Lo Piccolo’s Answers

7,127 total


  • I got my first speeding ticket going 89 in a 55 mph zone. What happens if I plead guilty? What can I do to fight it?

    I was on my way up from Flushing to Binghamton University and was looking for an exit as I was on my last gallon or two of gas. As I was looking for signs I sped up unintentionally missing the patrol cars along the side of me. There were no other ...

    Joseph’s Answer

    Initially, you should plead not guilty.m. A ticket of this nature carries 8 points (off top of my head) and tremendous fines and penalties from the DMV. You can hire an attorney to negotiate and have the charge or points potentially reduced which is the goal. Good luck.

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  • How can I find a good attorney who deals with drug charges ? Can you recommend one ?

    I have two charges one is unlawful possession of marihuana and the second is promoting prison contraband

    Joseph’s Answer

    Attorney's on this service cannot recommend other attorney's or themselves. I suggest you look for local attorney's and then contact them to see if they are the right fit for you.
    Good Luck!

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  • License suspension

    Got a speeding ticket in 2013. Mailed ticket in with not guilty plea never heard from the court . Got a speeding ticket yesterday found out license was suspended for previous ticket. Also got a aggravate unlic 3rd. How do I handle the misdemeanor ...

    Joseph’s Answer

    You will need an attorney for this. It can be reduced to a non-criminal charge. The attorney should be able to explain the miscommunication and un-ravel the DMV and traffic court error. Good Luck!

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  • DWI Refusal hearing

    I attended my first hearing at the end of April the officer didn't show so my license was reissued immediately. However, as of today (8/20) I have not received notice of my second hearing. Is this normal? From what I'm being told I should have had...

    Joseph’s Answer

    I can't say who you spoke to but a 2nd hearing within a month would be unusual. It generally takes 3-4 months for a 2nd hearing and longer is not unheard of as the DMV is slower than slow. Speak to the attorney handling your DWI case for more specific info in relation to your case.

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  • Can you tell me what "Sealed' means? A different person was arrested about 2 weeks ago with multiple charges and today they said

    That their case was sealed.

    Joseph’s Answer

    If it was dismissed, it would be sealed. The why of it, no one but the defendant or his/her attorney can answer.

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  • Where an ACD is granted, does it automatically follow that an outstanding bench warrant related to the case has been vacated?

    In a petty larceny case, the accused did not appear on the original court date. The DA agreed to allow the accused's lawyer to represent him via affidavit because he was unable to travel to the court. An ACD was granted, does it automatically fol...

    Joseph’s Answer

    • Selected as best answer

    The bench warrant would have been vacated when the attorney appeared for the accused if the judge allowed it. The granting of the ACD makes it appear as if the warrant was vacated.

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  • New York DWI, on probation, wants to go on a cruise to Bermuda. Probation officer said he needs the ok from the court.

    Probation officer says he has not heard back from the court in 2 weeks for an ok to go on a cruise to Bermuda. How long does it take to get a decision and would the cruise ship allow him to go off the ship and onto the island which the ship is ...

    Joseph’s Answer

    The decision from the courts is subject to the judge and his schedule. Some judge's are quick, some are slow and some may be on vacation. As for the individual cruise ship, contact the company or the consulate in Bermuda.

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  • Does a person have to be in possession of stolen items or goods for it to be a robbery?

    During a search warrant there's nothing found.

    Joseph’s Answer

    The simple answer without knowing all the facts is no. A robbery is the taking of property by another. Force or the threat of force must be involved. Once the items are taken, by whomever, it is a completed robbery even if the person arrested is not found to be in possession of the property. Their role in the alleged robbery is what matters.

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  • In a criminal case, it is possible for a lawyer to change the judge in the client's case?

    In a criminal case, it is possible for a lawyer to change the judge in the client's case? Thank you

    Joseph’s Answer

    The short answer is yes. The long answer is that it is an uphill battle for such action to take place solely because the judge is not favorable to the defense. There must be a specific showing of prejudicial action by the judge in comments made on the record. Speak to your attorney to go over this issue. Once the motion is made, and if it is denied, the judge is not supposed to hold it against the defendant but invariably it does.

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  • If i get convicted of 3rd dwi in ny.... in 25 yrs my license is suspended for 5yrs

    1998 conviction 2012 conviction 2014 charged

    Joseph’s Answer

    The new DMV regs allow for a suspension of this nature despite the age of the prior convictions and the Appellate Courts have recently upheld this suspension as lawful.

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