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Daniel N. Arshack

Daniel Arshack’s Answers

2 total

  • Can I appeal an AGGRAVATED UNLICENSED OPERATION (AUO 3RD) conviction?

    In 2000 I was unaware that my license was suspended due to a lapse in auto insurance coverage (caused by a missed insurance payment). I was arrested at a vehicle checkpoint in Manhattan on a Friday. I expected to see the judge, explain what happen...

    Daniel’s Answer

    You should never have pled guilty to a misdemanor for this offense. You received bad advice from someone who did not know better. There is no real basis for appeal at this point 12 years later. And, unfortunately there is no expungement statute in NY (talk to your Assemblyperson and State Senator please). I have in the past successfully advocated on behalf of a client in a similar situtation who could demonstrate the significant prejudice that such a conviction can cause. In that case we actually withdrew an old plea to a crime and replaced it with a non-criminal dispostion. The time and effort invovled was worth it to the client but it was neither quick nor inexpensive. Feel free to call me if you want to discuss this further


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  • Questionnable Behavior of Public Defender and Prosecutor

    My trial has been delayed month after month for over 19 months. I finally got what I thought was a solid trial date of this month, but after I refused to accept the prosecutor's plea bargain of a felony plea, even though I am innocent of the charg...

    Daniel’s Answer

    Nobody ever has to speak to a prosecutor or a police officer in the absence of suboena. Husbands and wives can not be compelled to testify agasint each other. The person who mya be testifed about always has the right to invoke that priviledge and restrain their spouse from testifying. The purpose of this rule is the societal interst in stimulating free and honest discourse between spouses. Your wife can not be compelled to testify agasint you if you invoke your priviledge.Asuming that your wife does not want to speak to the prosecutor have her get a lawyer who will inform the prosecutor that she has no interest in speaking.

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