Michael William Brosnan’s Answers

Michael William Brosnan

Criminal Defense Attorney.

Contributor Level 8
  1. NY DUI laws, probable cause

    Answered about 6 years ago.

    1. Oscar Michelen
    2. Robert Roth
    3. Matthew Jay Weiss
    4. Michael William Brosnan
    5 lawyer answers

    The previous answers are right on correct. Get yourself evaluated for substance abuse and enter treatment asap. Find an experienced local attorney to help you through this. You can call my office for a consultation

    2 lawyers agreed with this answer

  2. NY DUI laws, probable cause

    Answered about 6 years ago.

    1. Oscar Michelen
    2. Robert Roth
    3. Matthew Jay Weiss
    4. Michael William Brosnan
    5 lawyer answers

    The previous answers are right on correct. Get yourself evaluated for substance abuse and enter treatment asap. Find an experienced local attorney to help you through this. You can call my office for a consultation

    2 lawyers agreed with this answer

  3. Under NY state criminal code how long does a DUI charge stay on your public abstract

    Answered about 6 years ago.

    1. Glenn Warren Magnell
    2. Michael William Brosnan
    2 lawyer answers

    I have to disagree with an answer that says the DWI will be removed from your NY driver's abstract after ten years. I have personnaly seen records of DWI convictions appear on abstracts appearing up to 25 years ago. The ten year limit is used to determine if a new DWI will be charged as a felony or another misdemeanor. A second DWI charge within 10 years of a previous DWI conviction will be charged as a felony. Howevr, the previous conviction wil remain on the abstract for as long as NTS...

    2 lawyers agreed with this answer

  4. New York criminal procedure, time limit for filing charges for DUI

    Answered about 6 years ago.

    1. Richard D. Willstatter
    2. Oscar Michelen
    3. Peter H Tilem
    4. Michael William Brosnan
    4 lawyer answers

    I am sure that what these fine New York City Attorneys advised about "DATs" is true. But outside of New York City the Dat does not exist. Outside NYC the usual way to charge the violation of Driving While Ability Impaired (DWAI), or the misdemeanor or felony of Driving While Intoxicated (DWI) is via a "UTT", or a uniform traific ticket. There are still other vehicles not of interest here. It is not that unusual for the arresting officer to fail to get the UTT's into the court by the...

    2 lawyers agreed with this answer

  5. Incarcerationg for drug possession felony a and b

    Answered about 6 years ago.

    1. Michael William Brosnan
    1 lawyer answer

    There are several preliminary questions that would have to be answered before I could advise you on this question. However, generally, anyone who is convicted of a crime in the United States and especially NY can appeal his or her conviction. However, a notice of appeal should be filed within 30 days of sentencing. But an extention of up to one year can be had if there is a good reason. Criminal appelas can take up to two years to be perfected. Next, it would be critical to conduct a...

    2 lawyers agreed with this answer

  6. Can an investigator call your lawyer and threaten that you will be picked up after getting out of jail on bail

    Answered over 6 years ago.

    1. Oscar Michelen
    2. Michael William Brosnan
    2 lawyer answers

    Unfortunately, it is legal, especially if it was said in good faith. That is, if the investigator has enough probable cause to file another accusatory instrumet in court for differnt charges, then the investigator can do that, and making that statement is then just a verbal declaration of what the investigator is saying that he might do. In fact, if the investigator has sufficient evidence he could do so right away, the court would then arraign you on the ne charges, and th court could tehn...

    2 lawyers agreed with this answer

  7. What is the procedure to seek temporary child custody and visitation rights

    Answered over 6 years ago.

    1. Peter Christopher Lomtevas
    2. Michael William Brosnan
    2 lawyer answers

    If you are concerned that the mother may abscond with the children, you should immediately file a petition for custody in the family court in the county where you live. You could file an order to show cause for a temporary order of custody and a protective order to prevent her from leaving with the children. Custody cases are ofen complex, you wil likely need the asiistance of a competent family law lawyer. In NY if you meet financial guidleines you are eligible for a court appointed attorney....

    1 lawyer agreed with this answer

  8. Probation travel restrictions and county sentencing court jurisdiction

    Answered about 6 years ago.

    1. Michael William Brosnan
    1 lawyer answer

    For an exact answer read the conditions of your probation. My experience is that these kinds of questions are usually stated explicitedly within. Generally, in upstate New York, probation jurisdiction means the county where you are under probation and any adjoining county (one whose borders touch your county). But the bottom line is, sucessful probation means keeping your probation officer happy. A lot of these decisions are discretionary. If you have reasonable reasons to travel (like...

    1 person marked this answer as helpful

  9. Criminal court

    Answered over 6 years ago.

    1. Michael William Brosnan
    2. Theodore W. Robinson
    3. Oscar Michelen
    3 lawyer answers

    If you are in criminal court it is actually the State of New York that is prosecuting you, not the alleged victim of the crime. In NY criminal law, the victim becomes a witness for the state, the victim is not bringing the action, the state is. That is why defendant's are sometimes prosecuted even though the alleged vistim wants to withdraw the accusation or refuses to testify. The District Attorney has the discretionary power to go ahead with a criminal prosecution even if the alleged...

    1 person marked this answer as helpful

  10. Child support payments

    Answered over 6 years ago.

    1. Michael William Brosnan
    1 lawyer answer

    In NY,court ordered child support continues until the child reaches age twenty one if the child is still a dependent and in school, or until 18 if the child is no longer in school, or at any time the child becomes emancipated. In NY there is no specific hearing to determine emancipation, but it is often decided within the context of a child support or child custody proceeding. If your daughter is in fact acting as an independent adult, that is, supporting herself, working, living with a...

    1 person marked this answer as helpful