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Michael Kotik
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Michael Kotik’s Answers

721 total


  • In Phila, Pa my friend is facing a gun charge. He has no previous adult charges. How much time is he looking at?

    The charges are 1. Posses Firearm W/Manufacturer Number Altered, 2. Firearms Not To Be Carried w/o licence, 3. Possession Of Firearm Prohibited, 4. Carry Firearms Public In Phila. He is 21 y/o, the juvenile charges he faced were all the same, and ...

    Michael’s Answer

    It's difficult to answer this question without looking at all the parameters of what happened. Unfortunately to give you a straight answer with regards to sentencing will be nearly impossible because there's a lot of factors that come into sentencing. I suggest hiring a criminal defense attorney and allowing them to work out the sentence if it needs to go that route there's always trial.

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  • I missed court in May for a preliminary first DUI hearing and now have a warrant. What should I do to lift the warrant?

    The warrant was apparently set because I wasn't at my address to receive my subpoena . I have now started my college semester and am afraid to reschedule because of the fear of being arrested.

    Michael’s Answer

    You need to hire an attorney to bring you in and get the bench warrant lifted.

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  • If pre trial revoked ROR bail for non appearance will the defendant be eligible for another bail.

    Defendant is from out of the county, confusion with a public defender did not receive notice to for a hearing, bench warrant issued, is turning himself in just curious if he would be eligible for another bail. Felony forgery charge

    Michael’s Answer

    He should be eligible for another Bayle it's going to depend on the judge and argument by the prosecutor.

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  • I am on probation had to go to court in another county for a speeding ticket will my probation officer find out if so can i go

    Go to jail been on probation for 5 years never been in trouble while on probation

    Michael’s Answer

    It really depends in your probation officer, but usually it's rare when they violate you for a traffic offense.

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  • I am a teacher falsely accused of sexual abuse

    A girl student has been sexually harassing me all year long. I took several of these concerns to my principal, and he agreed my corrections had been the proper action. I ended up getting another job, still in teaching. The day after I resign t...

    Michael’s Answer

    CYS has a different standard that they must meet than criminal court. The standard they have to meet in order to show that there was some kind of misconduct is truly minimal. You need to hire attorney who can fight them immediately. I've had cases where my clients were found credible in criminal court and with other government agencies, however CYS found them to be involved in some sort of abuse. The good news is that you can always appeal them and fight them in front of an actual judge. Hire somebody who truly knows what they're doing with respect to CYS!

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  • Traffic court? Tickets?

    I was stopped and given two tickets. One was for turning on a no red light turn and the other was for a head light being out. Total of both tickets are $300. Can I plead not guilty to try and get a lower payment and no points on my license?

    Michael’s Answer

    Yes you can try and do that. I would recommend also hiring a lawyer to help you navigate through the Philadelphia traffic court system.

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  • I od'd last month and received charges. There is a law protecting me from receiving any charges. How does this happen?

    Im currently on ard probation for dui and possession. This new law is called the good Samaritan Law and was passed in December 2014 so its not even a year old. It is to protect the person who is overdosing from receiving criminal charges.Did the p...

    Michael’s Answer

    There is a new law that went into effect however you have to read the statute of that law very carefully to see if you would fall under the guidelines that would protect you.

    I would suggest going to a few criminal defense attorneys to see if you qualify under the statue because we would need more information to see if you qualify. If you do qualify then those attorneys would discuss your options with you.

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  • Can my husband file a restraining order against my friend?

    My husband and I are seperated but still living together for the sake of our 3 children. We have decided to co-parent, while also living our own seperate lives. I have recently reunited with a high school friend and have been getting together on s...

    Michael’s Answer

    He can try, but it may not happen for him, based on the facts.

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  • My fiance me a disagreement and he try to choke me and the cop were call and locked up and charge with a fenoly.

    I what to drop the charges how do I go but that?

    Michael’s Answer

    You need to hire a criminal defense attorney to help you do this, not all prosecutors and police officers will drop charges you need someone who can advocate on your behalf.

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  • How long must I wait to expunge a misdemeanor 3 in Pennsylvania for a false report charge?

    this happened a year ago, I received 6 months probation and case was closed.

    Michael’s Answer

    You can't expunge something you plead guilty to or were found guilty off.

    Your only recourse is a pardon.

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