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David Sebastien Gervais

David Gervais’s Answers

6 total

  • I have served 2 years of a 5 year probation sentence in upstate ny ...can i apeal to terminate probation at any timr

    David’s Answer

    Ive seen many clients get off probation early but on a 5 year bid, courts in my neck of the woods dont release before at least 3 years on probation and that's with a perfect record on probation and with all dues, fines, restitution and surcharges paid in full.

  • When do the moving violations affect the driving abstract in NYS? Is this after getting convicted by the court?ARCHIVED

    David’s Answer

    In upstate New York, no judge will let you adjourn for 3 years. Once you hit 6 months, you pretty much at the limit: the judge will set it down for trial and give you a date. Rather than trying to buy time, which won't get you anything, why don't you try to get a reduction if your driving abstract is decent? You can probably print off the traffic reduction form online. Fill it out, send it and see what you get. Honesty and brevity are key components in getting a good response back from the DA's office. If you don't like the plea offer, then ask for a trial. The police office might not show up. Then you ask the judge for the case to be dismissed "for failure to prosecute". And if you do get points on your license, you can likely get some of them removed by taking an online class, and points only appear on your abstract for 18 months.

  • What evidence do I need to present to have the ticket dismissed? ARCHIVED

    David’s Answer

    Here in New York, you can submit a reduction form that will allow you to plead to a lesser offense.i.e. a traffic ticket with less or no points. If that is not available, then by all means, you should ask for a trial. Always be polite with the judge, with the police officer and the court staff. I don't think you need an attorney to fight a traffic ticket. Make sure you tell your side of the story in a clear, articulate and coherent fashion. Finally, the police officer must show up to prosecute your case and place evidence on the record. If he does not appear, which happens often, then tell the judge you want the case dismissed for "failure to prosecute".

  • Can my attorney delaying my case hurt my chances to sue? If so, can I sue him for legal Malpractice?ARCHIVED

    David’s Answer

    Its definitely not normal:1- to take this long to resolve a simple Disorderly Conduct. struggle to talk to your attorney or have him call you back. You need to get a new attorney asap. With proper representation, you may find that the prosecution no longer has a case against you, that their witness is no longer available, etc. However, you may also find that having the case drag this long may have hurt you if a witness that could help your case is no longer available. You need to take things into your own hands and hire new counsel, or tell your attorney you will write a letter to the state bar.

  • What should I do about a 13 year old DUI if I want to travel to Canada over the summer?ARCHIVED

    David’s Answer

    Go to the Government of Canada website, under Immigration-Applications: go see Form 1444: Application for Criminal Rehabilitation.
    You can apply if conviction is over 5 years old; fee is either $200 or $1,000 CAN, but in your case, for a simple DUI, i believe it would be the lower amount.
    Its a simple process, it takes about 2 months to get an answer.
    If you don't tell the customs officer about your conviction and they don't ask, you're going into Canada. If you don't tell them and they ask, you will be turned around and denied entry, but unlike the U.S., you are unlikely to be charged with making a false statement to the customs officer.
    Better play it safe.

  • Can someone from NJ file charges and have me arrested in NY? Also, can I be extradited to NJ to face trial?

    David’s Answer

    on top of what has already been said, you increase your chances of dealing with this in a successful manner by appearing on your own. Judge do not enjoy issuing warrants and they often show their displeasure when you stand in front of them after getting picked up. And of course you will get picked up on a warrant at the worst possible time for you: before a college exam or before your wife delivers your baby. Much better to walk in to court dressed respectfully than being dragged in wearing your fuzzy pyjamas.