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Michael Joseph Alber

Michael Alber’s Answers

15 total


  • Can police blackmail me into helping them if they caught me with pain killers? They let me go and haven't contacted me yet.

    Michael’s Answer

    The police can charge you. However, due to the fact that the incident happened already without an arrest undermines a future arrest. Because it appears your case is a car stop case there would be no reason to delay charges on the police end, even if there was an ongoing investigation. An arrest several days later undermines the credibility of the arresting agency in a car stop case. You do have the right to remain silent and not speak with police. Consider contacting an experienced attorney so you are prepared to handle any situation that may arise from the incident.

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  • Are fake brand names watches and bags considered as forgery in the 2nd degree?

    Michael’s Answer

    Contingent on value--varying degrees of Trademark Counterfeiting

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  • Does a procedural dismissal of charges in criminal court such as a 30/30 speedy motion dismissal, barr malicious prosecution

    Michael’s Answer

    Marshall v. Randall, is a 2d Cir 2013 case which noted that under New York law dismissal pursuant to New York speedy trial statute is favorable termination for purposes of a malicious prosecution action. It appears as though Malicious Prosecution would not be barred; nonetheless, the claim is a difficult claim and is extremely fact driven. Good Luck

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  • Separated for 7 yrs. getting divorced only asking for alimony. do I contact a mediator or lawyer. finances are a problem,

    Michael’s Answer

    Contact either. While stumbling blocks come up in divorces, only after consultation with an attorney, and having an idea as to what your soon to be ex is looking for, can the map or plan be laid out. My recommendation is to interview more than one lawyer, and see who you feel most comfortable with. Good Luck

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  • Do I need a divorce lawyer

    Michael’s Answer

    We don't have trials on grounds anymore. However, under discretionary factors for both child support and maintenance there are ways to make arguments using grounds like "abandonment." Every case is fact specific. An experienced lawyer can help detail the arguments and make the presentation for you. In a divorce you should be represented by counsel. Good Luck

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  • I was arrested for drinking at driving. I took a breathaliser test and it counted 0.05

    Michael’s Answer

    If the case is still proceeding to trial, the DA must be proceeding either on a retrograde extrapolation theory which means at time of operation they claim your BAC is harder. This theory is really junk science, but is used by many counties in an effort to inflate the BAC reading. If they are attempting to get you for the impaired charge, they will perhaps be using the same theory. Because it is a bench trial, my suspicion is that it is a trial for driving while ability impaired. There are several ways to contest a reading case, and you really need to speak to an attorney on the various ways to attack in your case. This case can be dismissed with the right preparation to attack the reading. Lapse between operation and the breath test is an area for attack, showing doubt in whether your were impaired or intoxicated simultaneous with when you were operating your car. Good Luck

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  • Recently arrested for Public Lewdness, I believe 245.03. What are the possible outcomes? Will I see jail?

    Michael’s Answer

    With a prior contact for a related issue the District Attorney will take the matter more seriously, that is if it even shows up on an expanded NYSID response for your criminal background check, which is what District Attorney's routinely get. How the woman made the observations, whether she really saw what she said she saw, whether there are other witnesses, will all play a role in your case. The interaction between you and this purported complaining witness prior to her making her complain to the Police is important to know. Video surveillance of any interaction should be preserved, but perhaps, lack of video surveillance may also lead to "doubt." The jury instruction on doubt is evidence or lack of evidence.

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  • Arrested for charge pl 165.16 theft of services

    Michael’s Answer

    You need to contact an attorney to assess the merits of the case. For example, theft of services is a specific intent crime meaning, you must intend to do that. The surrounding circumstances of the incident are extremely important to know whether the Prosecution can even prove that you had the intent. Further, dismissal is your best option. Restitution might be part of that dismissal. An ACOD means your matter is pending until ultimately dismissed by operation of law. You might consider getting a shortened ACOD period on agreement with the Prosecutor. Good Luck!

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  • Can't make D.A.T. date? What should I do?

    Michael’s Answer

    Send a lawyer on your behalf. Explain the reasons you can't make Court. However, you have very limited options. Not appearing for a desk appearance ticket date is not advisable.

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  • My wife is pregnant for another man,we have two children, what are my rights and duties during the divorce proceedings?

    Michael’s Answer

    Marital Fault since the change in law is not a factor that is going to sway the Court. However, if marital fault has somehow contributed to your spouse being a negligent mother, or somehow is connected to abuse or neglect, then marital fault might be subject of the Court's consideration. Articulating, and using marital fault to tie it to factors the Court may consider in support is an avenue for argument. If extra-marital affairs have become a priority for your soon to be x-wife, then an argument about her forgoing employment opportunities due to her own extra-marital focus is also an argument. As far as child support, you both have an obligation to your children. You are the presumed father of unborn child by virtue of your marriage.

    You should consult with an attorney immediately so that you can protect your rights. Don't sign any documents with respect to the unborn child.

    Regards

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