Peter J Tomao’s Answers

Peter J Tomao

Garden City White Collar Crime Lawyer.

Contributor Level 14
  1. Am I eligible for expungement of criminal record?

    Answered over 4 years ago.

    1. Peter J Tomao
    2. Eric Edward Rothstein
    3. Rochelle S. Berliner
    3 lawyer answers

    Consider applying for executive clemency. Attorneys Rothstein and Berliner are right, there is no expungement in New York State. However, New York's governor has the power to pardon past offenses. In the past, this was done very rarely. However, Governor Paterson has announced a program of granting pardons to people who would otherwise be deported for minor crimes. There always a chance that he will extend that program to help people like yourself. I've attached a link to help you find out...

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  2. I had a federal criminal case with a sentencing on September 19, 2011.

    Answered about 3 years ago.

    1. Eric Edward Rothstein
    2. Peter J Tomao
    3. Richard C. Southard
    3 lawyer answers

    A notice of appeal must be filed within 14 days after the entry of the judgment. If you were sentenced on September 19, 2011, you may be out of time to file an appeal. Consult immediately with a criminal defense attorney with exprience in federal appeals. I am attaching a link to my website.

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  3. Why do a b misdemeanor case lawyer cost so much?

    Answered over 4 years ago.

    1. Peter J Tomao
    2. Nathaniel Burney
    3. Owen David Greenberg
    3 lawyer answers

    Fees are negotiable but be careful about cut rate attorneys. Whether the attorney charges by the hour or a flat fee, all lawyers take the amount of time which they except a case will take into consideration in setting their fees. An attorney offering to handle your case for a lower fee may plan to limit the time worked on the case to the court appearances and is less likely to be available to discuss your case with you. The fact that this is a first (and hopefully only) offense does not mean...

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  4. How can i go about turning someone in for tax fraud i filed form 3949

    Answered about 4 years ago.

    1. Vincent Hoyin Kan
    2. Peter J Tomao
    3. James Elliot Pratt
    4. Jonathan H Levy
    4 lawyer answers

    If your tax returns did not include exemption for your son, you may be able to amend your returns and have a portion of your taxes refunded. Consult with a qualified tax preparer, preferably a Certified Public Accountant or an attorney, to discuss your options. While you could make a complaint to the IRS and perhaps receive a bounty, it's not clear why you would want to do so. If you successfully cause the IRS to conduct an audit or an investigation, your own tax returns may come under the...

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  5. IRS Fraud on Joint Tax Returns?

    Answered over 4 years ago.

    1. Peter J Tomao
    2. Ayuban Antonio Tomas
    3. James C Underhill Jr.
    4. Henry Daniel Lively
    4 lawyer answers

    It's hard to understand your problem from the facts you posted. If you are complaining that your X kept the tax refunds, your only remedy was probably through the divorce proceedings. If you are concerned that your X filed fraudulent joint returns, you should consult an attorney you protect you from prosecution. You can reach me through Avvo if you would like a consultation. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only...

    2 lawyers agreed with this answer

  6. Are legal fees paid by a defendant discoverable?

    Answered over 3 years ago.

    1. Peter J Tomao
    2. Paul Y. Lee
    3. Alan James Brinkmeier
    3 lawyer answers

    Even if attorney fees are NOT protected by the attorney client privilege, a court may quash a subpoena to obtain information regarding them unless the requesting party can show some relevance, Good luck. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further...

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  7. Not happy with my lawyer, do I stick it out with him are is it time to bail?

    Answered over 4 years ago.

    1. Niranjan Fred Thiagarajah
    2. Peter J Tomao
    3. Moises Aguilar
    3 lawyer answers

    You must be satisfied with your attorney BEFORE you go to trial or accept a plea offer. You should meet with your attorney as soon as possible to determine what he has done and plans to do in connection with your case. You may learn that he is well prepared to defend your case. However, it is important for you to learn this now. When you call to make an appointmnt to speak with him, you should accomodate his schedule. It is in your interest to meet with him even if the time and place may not be...

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  8. Does statue of limitation apply to tax?

    Answered over 4 years ago.

    1. Peter J Tomao
    2. Charles Edward Mcwilliams Jr.
    3. Darin T Jensen
    4. Brad Howell
    4 lawyer answers

    In addition to what the other attorneys said, please remember that the statute runs from when the return was filed and not when hit was due. So if a return for 1998 was not filed until 2008 then the statute begins to run at that time. In some cases, a taxpayer will sign a return again allowing the government to argue that the statute period was reset to the later date. You should review this notice with a qualified attorney or CPA as soon as possible. Good luck. THESE COMMENTS ARE NOT LEGAL...

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  9. I Bought a Home From Owner to owner the guy used my social security and identity to file taxes IRS 1st time buyer what can I do?

    Answered over 3 years ago.

    1. M Elizabeth Gunn
    2. Peter J Tomao
    3. Brian S Wayson
    3 lawyer answers

    You may have some real big problems coming. If yoy never filed taxes, it is possible that the IRS will want to know how you were able to afford to buy a house. Receiving cash payments is of course not a defense. You should NOT post any further details about what happened on this or any other public website. You may just give information which the IRS will use against you. Contact a qualified attorney as soon as possible- do not wait for the IRS to contact you. Whatever you do donot try to...

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  10. My husband was charged with drug conspiracy

    Answered over 4 years ago.

    1. Kelly W. Case
    2. Cynthia Russell Henley
    3. Peter J Tomao
    4. Joshua Sabert Lowther
    5. Jason Chase Beahm
    6. ···
    6 lawyer answers

    Your husband needs a highly qualified criminal defense attorney experienced in federal cases immediately. A federal narcotics conviction involving 5 kilograms or more of cocaine carries a mandatory minimum sentence of 10 years in federal prison. There is no federal parole. The guideline sentence starts at a range of 10 years 1 month to 12 years 7 months and could go much higher. Both the mandatory minimum and the guidelines would also increase if guns are involved. Since he was arrested in a...

    3 lawyers agreed with this answer