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Gary Stuart Miller
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Gary Miller’s Answers

33 total

  • How do i get my arrest record sealed without a lawyer.can i just write the judge

    i deposited a bad check into my bank account,and i withdraw money that i didnt have in there,after withdrawing the money i felt guilty and bad so i contaced my bank and notified them as to what i did.i made payment arrangements to pay the money ba...

    Gary’s Answer

    Writing a letter to the judge after you have already plead guilty and have been sentenced on a petit larceny is probably not going to do it. You need to speak to an attorney who is familiar with that court.

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  • Can i beat these tickets? Or make things worse..

    Im 17 and i recieved 2 tickets.. one for speeding, "54 in a 30" and one for driving with a permit. The thing is the officer didnt impound the car, and allowed me to drive the car home and as far as im concerned the law is that without a license = ...

    Gary’s Answer

    • Selected as best answer

    Generally, its a good idea to try to get these tickets reduced. While usually you would not get hurt by fighting the tickets, to know for sure, you would need to consult with an attorney that is familiar with that particular court. All courts handle their tickets differently however having handled thousands of tickets in Nassau and Suffolk County, NY, I have never seen a judge impound a vehicle in your situation. Thats something the police do. With regard to the ACOD, If the ACOD was granted in a different court than the court that these tickets are returnable to, there is a good chance that nothing will happen to the charge that was ACOD'd. I have an office in Hempstead, NY. If this involves a Nassau County tickets, please feel free to contact me.

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  • Specific/detailed Unlawful Possession of Marihuana case, desperate for advice; what are the repercussions of having this charge?

    I received a ticket for unlawful possession of marihuana when in the back seat of a friend's car. I had dropped the marijuana I had on the floor of the car, but the officer gave me a ticket for it because I had admitted it was mine. I went to co...

    Gary’s Answer

    It would have been best to have retained an attorney. Even though unlawful posession of marajuana is a violation, not a misedemeanor, it still is best not to have a drug violation on your record. While you can retain an attorney to attempt to vacate the plea and negotaite a different resolution, it will probably cost a lot more now in legal fees than had you hired an attorney before you plead.

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  • Ive been charged and scentenced for a first offense DWI while in the process of moving to another state.

    I was in the process of moving to NC (have/had partially established residency). The information/guidence I was given led me to belive that moving would be a probabtion issue. I do not meet critera for mandatory acceptence under the Interstate Com...

    Gary’s Answer

    If you cant get the probation transfered, then you need to try to get the judge to modify your sentence or terminate your probation.

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  • What is the advantage or disadvantage of requesting a supporting deposition for a traffic ticket?

    I am charged with failure to stop at a stop sign. I would like to resolve this matter with no points on my license if possible. Should I ask for a supporting deposition? Will that hurt my chances?

    Gary’s Answer

    I concur with Mr. Rothstein, and would add that all courts handle supporting deposition issues differently. In Nassau and Suffolk county I have never seen anyone hurt by requesting a supporting deposition, however there are courts/ troopers in upstate New York that do hold it against you in plea negotiations when a supporting deposition have been requested. In the Southampton Town Court in Hampton Bays, it is a good idea to request a supporting deposition however there are time limits on the time you have to demand a supporting deposition. Also, many courts require a motion to dismiss for failure to provide a supporting deposition, and for a defective supporting deposition be in writing which realistically you would need an attorney to write. If your ticket is in Nassau or Suffolk County, feel free to contact me. I will be happy to advice you.

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  • I plead guilty to a crime that i didn't do i was scared i didn't want to end...

    Up like my brother and get wrongly convicted. Now i am very stress because i know in my heart i didn't do this crime. when i plead guilty they say i don't have the right to appeal the case. i was given probation with y.o. But i didn't start today ...

    Gary’s Answer

    You are going to have 2 problems, First judges tend not to let defendants withdraw their plea because of a change of mind, and second, when you plead guilty, you stated under oath that you were in fact guilty. To change a plea now would be saying that you lied when you plead under oath.

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  • Do I need a lawyer? Likelikood of these charges being dismissed? What is the penalty for these crimes? DoI have other options?

    I was at a concert with my friends this past weekend. I was standing outside the venue when I was beckoned by a cop. He brought me over to a group of girls and when they confirmed i was the person they were looking for, I was arrested. Apparently ...

    Gary’s Answer

    While Harassment in the Second Degree and Disorderly conduct are both violations, not crimes, you should definitely retain an attorney, particularly since you are applying to be an officer.

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  • Should I fight a ticket for "improper use of lanes" if my tire blew out?

    I was in an accident a couple days ago. I was traveling the speed limit (45 mph) as was the other driver. We happened to meet traveling opposite directions on the road at an inopportune time when my front left tire blew out causing my car to dri...

    Gary’s Answer

    Its generally a good idea to fight these tickets, but you should consult with a local traffic lawyer who is familiar with that court so that there are no suprises in the event you lose the case.

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  • Should I let the same doctors do the discovery surgery to see why mesh is coming out of me?

    I had POP and SUI rectocele and cycotele surgery in 2010. Allot of mesh was implanted and for a couple of months after surgery I seemed to be allot better but then slowly my symptoms returned and even worse, I passed a piece of mesh or a clamp fro...

    Gary’s Answer

    You may want to consult with a medical malpractice attorney or a product liability attorney. If you want I can refer youy to an attorney in your area.

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  • Will an ACD for 240.20 1 disorderly conduct show as pending misdemeanor if 240.20 is the top charge?

    Youthful offender status 2006 weapons possessing. Charge and served 8 months

    Gary’s Answer

    If you were only charged with 240.20 and not a misdemeanor, then the 240.20 would only show as a violation.

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