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Michael Brosnan’s Answers

17 total


  • Intrapment

    NYState a vechile parked on icey road. as ice melted vechile slid down on side or the road a blocked a farmers lane. A law officer was called to have vechile moved to unblock the lane. Knowing the driver/owner had been drinking told the owner to...

    Michael’s Answer

    If these are the entire facts of the case, then there is an excellant chance of beating the charges at trial. However, I suspect that the proof the officer would seek to show would not involve the defendant moving the vehcile on his or her orders, but would involve the operation of the vehicle while it was beingt was parked on the icy road. In other words, the offier would seek to prove the operator was intoxicated at the time the car was parked, not when the operator was ordered to move it.

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  • NY DUI laws, probable cause

    I was convicted of a dui on 12/07 in Scotia, NY. Then on 5/08 I was stopped for dui (charges pending) in rosendale, NY. And more recently on 8/08 I was stopped and arrested for dui, again in Scotia, NY. At the time of this most recent dui I h...

    Michael’s Answer

    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

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  • NY DUI laws, probable cause

    I was convicted of a dui on 12/07 in Scotia, NY. Then on 5/08 I was stopped for dui (charges pending) in rosendale, NY. And more recently on 8/08 I was stopped and arrested for dui, again in Scotia, NY. At the time of this most recent dui I h...

    Michael’s Answer

    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

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

    how long does a dwi stay on your public abstract?

    Michael’s Answer

    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 DMV decides to keep it within the databank.

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  • New York criminal procedure, time limit for filing charges for DUI

    My son was received a ticket for DWI on SEpt 28 and along with the charge, he received an appearance ticket for OCT 14. When we appeared in court, the judge advised that the charges were never filed, so there was nothing he could do. He told us ...

    Michael’s Answer

    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 first appearance date. And if that happens to be a "D.A." day, the A.D.A. will simply move for an adjournment to inquire of the officer. If it is not a D.A. day, the Court will inevitably adjourn sua sponte (on its own motion).

    From a purely procedural viewpoint, your son has been arrested, but the case will not commence until the charges are filed and he is arraigned on those charges. Cases must be commenced within federal and state based statory time frames, but the computaion of these time frames can be complex and case specific. Generally, the D.A. has plenty of time to commence the action, and then once the action is commenced other rules kick in. One critical issue is whether the defendant has been prejudiced by the delay (which is usually hard to prove).

    DWI is a serious accusation that can can have very serious (and expensive) consequences if one is found guilty. I strongly advise you to obtain a good lawyer to assist you. You can contact my office for help at

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  • Incarcerationg for drug possession felony a and b

    My son is lockdown at Wyoming c.f on a 8years flat bid for larcen felony a and felony b charges. with the new drug laws is there any chance he could get out before 8years. he was railroaded to take a plea bargain the lawyer we hired could undo wha...

    Michael’s 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 face to face interview with the defendat to get a feel for the case. After that, the case documents and hearing and or trial transcripts must be obtained. After a good appelate attorney has had the oportunity to do these these things, then, and only then is he or she able to access the totaity of the case and identify the possible avenues of appeal.

    Please feel free to contact my office for further inforamation

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  • Can a denied issuance of a restraining order be appealed or refiled

    I had a tem restraining order against me and I went to fight it today in court. The judge did not grant the restraining order and ruled in my favor. Can the plaint/attorney who sought the order appeal the judges decision and this may not be over...

    Michael’s Answer

    Generally, the answer is yes, because any finding of a trial level court can be appealled to a higher (appellate level court). Practically speaking, this would be a rare occurance. I cannot tell where you are located. In New York State, depending on the court (criminal, family etc), an initial determination of a motion for a restraining order may be modified later as circumstances warrant, especially if the underlying complaint or petition is still ongoing.

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  • Probation travel restrictions and county sentencing court jurisdiction

    What is the geographical jurisdiction of the county courts in New York State? I was sentenced to probation by a county court for a "E" felony in New York State and one probation condition stated I cannot leave the jurisdiction of the court withou...

    Michael’s 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 work, or school, etc) and you are on good terms with your probation officer, a simple request should be all that is needed. Should this fail, then you should seek the services of a good criminal defense lawyer. If you are in or around the Capital district area you may call my office for a free consult 9518) 688-2874.

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

    is it legal for an investigator to call your lawyer and say if you get out on bail that they will come and pick you up on new charges?

    Michael’s Answer

    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 set a new bail amount in addition to the one alreasy set.

    On the other hand, if the investigator does not have such evidence and is just blustering, it would seem rude and crude but still not illegal, in fact polcie officers routinely lie to defendats in hopes of getting them to make admittions against themselves.

    Only if teh investigator actually did file accusatory instrumetns knowing that they are based on lies has he commited an offense. probably offering a false sworn instrument

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  • Criminal court

    my boyfriend got into a physical fight with someone and now he is being sent to court. the other guy did not press any charges or take any legal action so why are we still attending court? and do we have to pay his medical bills if he didnt take ...

    Michael’s Answer

    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 victim request that he or she not do so. this is common in cases of domestic violence.

    This may what is actually happening in your case.

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