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Carl S. Spector
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Carl Spector’s Answers

465 total


  • Is it worth going to trial?

    Got a class b misdemeanor and right now its in the discovery phase. I contacted my lawyer to see if he can produce a plea bargain before the next court date and he said he"ll get on it i feel like they will find evidence of what i did anyway cuz ...

    Carl’s Answer

    This is really a question for your attorney because he or she are in the best position to analyze the case and the proofs against you. It also has to do with the plea bargain that is offered. Please contact your attorney and have this conversation.

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  • Once your charge is dismissed and sealed is it as it never happened, for example getting a trespassing pink summons

    Once your charge is dismissed and sealed is it as if there was no charge? For example having a trespassing pink summons charge dismissed

    Carl’s Answer

    A case being dismissed and sealed, if searched in the court computer results in "no public record".
    I hope that helps.

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  • During plea negotiations is it possible to have nothing reported to DMV so that you would only face your criminal penalties ?

    I was arrested for a DWI. However I refused to submit to a breathalyzer. I drive for a living and was never told I would automatically lose my license for a year. I wouldn't of voluntarily forfeited my career. At my first DMV refusal hearing t...

    Carl’s Answer

    There is no ability to restrict information flow to the DMV to schedule a second refusal hearing. That is done in Albany by the DMV. There is no plea bargain that can restrict the DMV. These are separate cases with different standards of proof.

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  • How can I resolve this bench warrant

    I have a bench warrant for my arrest for trespassing in a park after hours. The summons was issued a year ago I forgot my court date while taking care of a family member that was very sick in Delaware.

    Carl’s Answer

    You need to return on the warrant by going to the criminal courthouse and surrender on the warrant. Then the case will be added to a court's calendar and you go before the judge.

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  • I got a DWI. My ticket says I'm to appear in court at 4:00 A.M. which is wrong. Can I get the charge thrown out because of this?

    I got a DWI. My ticket says I'm to appear in court at 4:00 A.M. which is wrong. Can I get the charge thrown out because of this?

    Carl’s Answer

    I do not think that the summons stating the wrong time to appear in court is a critical error that will lead to a dismissal.

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  • What degree is interfering with transportation 2C:33-14A(1)

    I got charged with interfering with transportation 2c:33-14a(1) i was told it was a.disorderly persons offense just want to find out thanks

    Carl’s Answer

    This charge ranges from a disorderly persons offense to a second degree depending on whether the interference caused bodily injury or damage. More information would be need for your particular case to determine the actual degree.

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  • Can I get my breath test suppressed?

    I took a breath test and only got a report of the one test but in some states aren't 2 required? Also the ref standard value was .10 shouldn't that be .8?

    Carl’s Answer

    New York only requires one breath sample to be taken and reported as evidence in a prosecution for DWI.

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  • Arrested in NYC

    If a person is arrested in NYC, can he bail out with a credit card?

    Carl’s Answer

    Please refer to the link below that explains the terms and conditions of posting bail using credit cards.

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  • Yes or No to a job application question: Do I have pending criminal charges if I agreed to an ACD in July?

    I agreed an one year ACD in July for misdemeanor charges in NYC Supreme Court. (Criminal)

    Carl’s Answer

    The charges are still pending while the time runs towards the ACD period.

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  • There appears to have been some misunderstanding in my previously posted question, "Should I be confessing to sexting?"

    I sent a slightly sexual photo of myself via kik to a random girl (in another state). No sexual organs of mine were exposed except for the bottom part of my butt peaking out from regular underwear. The girl sent a nude a picture of her anus and va...

    Carl’s Answer

    To keep it simple, do not confess to the police and stop posting incriminating information on this and any other forums . Contact a local, experienced criminal defense attorney for further consultation.

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