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P. Adam Militello

P. Adam Militello’s Answers

79 total


  • Can a 17 year old get arrested for beating up her/him 12 year old sister/brother ?

    My kids fight a lot and my son is 17 and my younger daughter is 12 about to be 13 soon and when my daughter says her opinion or something her brother threatens to beat her up and he did beat her up a lot already can be get arrested for that?

    P. Adam’s Answer

    While it’s true that kids fight, if your son hurts your daughter then yes, he could be arrested for assault or harassment. The seriousness of the charge depends on the seriousness of the injury. Also, CPS could become involved if you don’t intervene to protect her.

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  • Is it possible to have a dui reduced after having a prior dwi within 10 years

    have had interlock removed in November, 2013 for dwi. Last week i was arrested for dui. Is it possible to have dui reduced. Blew a .07.

    P. Adam’s Answer

    If you blew a .07, you are likely charged with DWAI, a non-criminal violation. These are sometimes reduced to non-alcohol related violations in my part of the state, but I'm not sure how it will be handled in the Bronx. Given that you are just coming off your last DWI, I wouldn't be surprised if they charged you with felony common law DWI, even though you blew below a .08. You really need a lawyer to finesse you out of this one. Good luck.

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  • I am AD military and lost my driving privileges overseas but never was convicted of a DUI. I now have DUI on my NY State record

    The army reported to NYS that I was convicted of a DUI while active duty in Germany. I never went to court or was punished in any way by the military. My overseas license issued by the army was administratively suspended as soon as I was charged...

    P. Adam’s Answer

    It sounds like you have tried just about everything. In New York State, if a government agency is not doing something that it is supposed to be doing, you can bring an "Article 78 Proceeding" against the agency. In your case, it sounds like the DMV has suspended your license even though a representative of the Army (JAG) has informed the DMV that there was no conviction. Using an Article 78 Proceeding, you may be able to use the courts to order the DMV to lift your license suspension. Good luck.

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  • How long does New York State court have to produce blood work on a DUI charge?

    my son(18) was pulled over for too dark window tint on 7/12/13, the officer then accused him of being high & took him to ER for blood work-he has been to court 2x & has to go again in NOV because court does not have his blood test results back ye...

    P. Adam’s Answer

    If your son's attorney demands a trial date, then the prosecution must be ready for trial within 90 days of the commencement of the action. You do have an opportunity to challenge whether your son was legally stopped. It's called a probable cause hearing.

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  • Will I be able to get a summons for open container dismissed?

    I am going to college in NY but am from Vermont. I have 3 underage drinking citations (not DUIs) in VT, one of which is still in limbo. If my case manager were to find out about this ticket in NY, it would not be good. The cop messed up one thi...

    P. Adam’s Answer

    If the summons appears on your NYS Information Sheet (and it should), then your Vermont case manager will be able to see it if she runs a multi-state records check to update your file status. I would talk to an attorney who spends a lot of time in the court where you have to appear in the Bronx. That attorney is probably in the best position to help you get out of the jam you are currently in.

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  • Can I sue my employer

    I was working TD and a co worker came up to me n started yelling at me threatening me and approached me with weapons saying he was gonna go after me n saying he knew where I lived. When I talked to my supervisor about it he didn't do anything abou...

    P. Adam’s Answer

    Instead of thinking about this like an employment law issue, I would suggest thinking about it as a criminal issue. It sounds like your co-worker may have commited the crime of 'menacing' against you. I would report it to the police and ask that he be arrested. Your employer is foolish for not taking action, because if this coworker does hurt somebody in the future, they may find themselves liable for his conduct.

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  • Will a hair follicle test detect whether a person is probably an alcoholic?

    If they were sober at the time of the test, but probably drank way too much during the whole year before the test, would there be any indication of it on the test? Or is there any other test that can detect whether a person is an alcoholic who fr...

    P. Adam’s Answer

    Hair follicle tests can detect metabolized alcohol remnants up to 90 days from the day a person consumed alcohol. So can it show up? Yes. Will it show up? That depends on whether the test for those metabolite is run.

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  • Is it legal for an employer to give you a longer probationary period compared to other workers because of your background?

    ???

    P. Adam’s Answer

    • Selected as best answer

    In New York State, you cannot be discriminated against in hiring (or firing) based on your criminal record - unless the conviction directly relates to the job you hold. As an example, a bank teller could be fired if convicted of larceny, but not because he was convicted of Endangering the Welfare of a Child. If you are facing discrimination in the form of a longer probationary period, and if your employer has at least four employees, they seem to be breaking the law.

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  • I got dui in ny but i live in pa what does it mean by recepacate

    they charge me with a misameader dui what can happen to me

    P. Adam’s Answer

    In your particular case, reciprocity also refers to the Interstate Drivers Compact, to which both NY and PA belong. The motor vehicle departments in both states share driver data, and if you are convicted of DWI in NY, you can be sanctioned by the PA DMV through licensing restrictions, suspensions, or revocations. PA could also fine you. A PA lawyer will be able to advise you on potential sanctions.

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  • My roommate wrote himself fraudulent prescriptions, can I get in trouble? We're both on probation.

    I got a DWI 3.5 years ago and am currently on probation (5 years), my Roommate got a DWI 1.5 year ago and is also on probation, we have the same probation officer, we also live with my significant other who has no legal trouble. Unknown to me or...

    P. Adam’s Answer

    Although my colleagues are correct in that the bad conduct of your roommate should not get you into trouble, in my experience with probation, sometimes people get into trouble for things they should not be in trouble for.

    For example, normally there is a condition of probation that you not be allowed to associate with other people on probation. You were obviously given an exception to this condition, but now your probation officer probably thinks you and your roommate are close. What happens if your probation officer finds out that you knew about a crime being committed in your home by a person close to you and you did not tell him? Is that a violation of probation? I bet your PO thinks it is. Sounds a lot like you are in on it, even though you aren't.

    I would contact the lawyer who represented you on your DWI ASAP and get actual advice on what to do. All we can give you here is information, and you need a lawyer. Right now. You don't want your PO finding out about this from somebody else unless your lawyer advises you to keep quiet.

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