Theodore W. Robinson’s Answers

Theodore W. Robinson

Hempstead Criminal Defense Attorney.

Contributor Level 20
  1. Default Divorce and A Notice of Issue in NY

    Answered 5 months ago.

    1. Theodore W. Robinson
    2. David Alexander Browde
    3. David Ivan Bliven
    4. Jayson Lutzky
    4 lawyer answers

    It sounds like the two of you are doing this on your own without the benefit of attorneys. That's unfortunate and dangerous as you already know by now. If a default has already been taken against you, you'll need to file an Order to Show Cause to open up the default based upon the fact that you were never given notice that a default was being sought against you. I suggest you speak to an attorney since this is not that simple to do and you'll need to get it right or the present Divorce...

    5 lawyers agreed with this answer

  2. What kind of penalty am I looking at..how long of a suspension and or revocation am I looking at.. Can I get my regular licens

    Answered 5 months ago.

    1. Jonathan Brian Manley
    2. Amanda K. Ambrose
    3. Christopher Irvin Simser
    4. Matthew C Simon
    5. Joseph A Lo Piccolo
    6. ···
    8 lawyer answers

    Joe LoPicalo is correct. In Nassau County, the DA will not make any offer on this case and will be recommending substantial jail time. The maximum you can get is a year in jail and they will ordinarily recommend 3-6 months on a second DWI. With double the limit alcohol, they may raise their offer higher, especially if there was an accident or another violation, which usually is the case. As for getting a regular license back, that is not going to happen for quite some time. My best...

    5 lawyers agreed with this answer

  3. Are child support and maintenance obligations retroactive to the date of divorce filing?

    Answered 11 months ago.

    1. Douglas Shaun Kepanis
    2. David Alexander Browde
    3. Howard Edward Knispel
    4. Theodore W. Robinson
    5. Brad S. Margolis
    6. ···
    6 lawyer answers

    First, maintenance and child support only date back to the date they are specifically requested from the Court by a Pendente Lite motion - not the Complaint which starts the action when it is served along with the Summons. However, both start to accrue from the date the Motion is first made to the Court, even if the Court doesn't make a decision for months. Extracurricular activities and health insurance are generally added onto the child support - if they are requested by your attorney in...

    5 lawyers agreed with this answer

  4. When a person is at fault in an accident and is driving their friends car, who is responsible for the damages ?

    Answered 4 months ago.

    1. Catherine Reeves
    2. Elizabeth Taylor Herd
    3. Theodore W. Robinson
    4. C. Donald Briggs III
    5. David Ian Schoen
    5 lawyer answers

    Normally, both the driver and the owner is responsible in such situations. You should at least consult with a negligence/accident attorney about the matter to find out more information and get the specifics settled in your mind. Don't take any adjuster's word on these things. They only represent one party - the insurance company and I wouldn't trust them at all. Good luck.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What does the DMV consider 5 'months' of a restricted license (from a 1st off. DUI), before fully reinstating a license?

    Answered 7 months ago.

    1. David Philip Shapiro
    2. Theodore W. Robinson
    3. Michael Jon Fremont
    4. Joshua James Price
    5. Derek Anthony Patrin
    5 lawyer answers

    Usually, they use 30 days per month, however, it would be wise for you to take a look at the DMV suspension document which should contain the day your license will be reinstated.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Father demands visitation with 5yr old daughter after no contact with her in past 3 years

    Answered 18 days ago.

    1. Allison Travers Hamilton
    2. Theodore W. Robinson
    3. Maria Sara Lowry
    4. Jacqueline R. Kriebel
    4 lawyer answers

    If you live in IN for more than 6 months, then IN has jurisdiction over this matter. If the father wants visitation and the child is only 5 years old, he may have to travel to IN instead of expecting the child to travel to his residence - especially since he hasn't seen the child in 3 years. It's unlikely the child even knows the father at this point. He will have to file a Modification Petition in WA which will be returnable in IN and you will have to respond in IN and then the IN...

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  7. Does "Fraud Upon The Court" apply in a Federal criminal case?

    Answered 9 months ago.

    1. Timothy Witczak
    2. Theodore W. Robinson
    3. Anthony Michael Solis
    4. Michael Kevin Cernyar
    5. Joshua Sabert Lowther
    6. ···
    6 lawyer answers

    You make some very serious allegations against you attorney in your "question." However, you don't explain why you can prove he lied or how it adversely affected you. My suggestion is that you talk to an attorney who is familiar with federal proceedings to see if s/he agrees with your opinion. If the lawyer does agree with you, then go to the local Bar Association Grievance Committee and the Federal Court, but be very certain you are accurate and correct before going after your lawyer...

    6 lawyers agreed with this answer

  8. Why can a law be passed in a state but still illegal in federal court? A specific case as an example.

    Answered over 1 year ago.

    1. Michael A Orozco
    2. Leo Michael Mulvihill Jr.
    3. Robert C. Keller
    4. Theodore W. Robinson
    5. Lester Mike Paredes
    6. ···
    7 lawyer answers

    The state is one government. The federal government is another - larger, and it encompasses each particular state and the 49 others. The federal government has jurisdiction over all the states, but the state has jurisdiction only over itself and no other state. Hence, if a state like Washington passes "legalized" marijuana, it is only legal in Washington, but the federal government can still impose its restrictions on the Washington residents if the federal government has a law against...

    6 lawyers agreed with this answer

  9. Rosario material? defendants right to call a witness?

    Answered 3 months ago.

    1. Eric Edward Rothstein
    2. Michael David Elbert
    3. George Peter Conway
    4. Theodore W. Robinson
    5. Marco Caviglia
    5 lawyer answers

    Rosario material is statements by witnesses called to testify. If there are statements that may assist you in the trial that are kept from you by the District Attorney's office (and, yes, they definitely do that in Nassau County) it is considered Brady material (that they are charged with turning over to you) and the DA is supposed to turn it over to you. Unfortunately, in Nassau County they often do not turn it over (because they want to win so badly) and you may not find out about it until...

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  10. What happens with 1 st petit larceny but prior dwi ?

    Answered 4 months ago.

    1. Michael David Elbert
    2. Stephen Charles Cooper
    3. Anthony C. Cillis III
    4. Theodore W. Robinson
    5. Eric Edward Rothstein
    6. ···
    6 lawyer answers

    Sorry, but for all those NOT from Nassau County, it is the most difficult place to practice as far as I'm concerned - and I've been doing it here in Nassau for 40 years this year. This DA will definitely consider the prior DWI. However, what you didn't say was what you pled guilty to the last time with the DWI. If you took an Impaired (which is only likely if you had under a .12 reading) then you may have a chance at the Stop Lift Program and perhaps an ACD or a Violation - if the amount...

    4 lawyers agreed with this answer