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Michael J Palumbo
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Michael Palumbo’s Answers

3,531 total


  • Need new york lawyer

    please help me to find out how to pay my tickets I got them at the september 2014 I dont know how to pay them

    Michael’s Answer

    Contact the court(s) your tickets were heard in. If you don't know the courts you can retain counsel to do the research for you.

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  • Any flat rate lawyers?

    Hello, I received 2 tickets back in 2010 that I was completely unaware of until recently while I was paying a ticket in a different town. One ticket was for driving while suspended for a second DUI and the second was driving without insurance. I p...

    Michael’s Answer

    First off, because you were charged with driving while suspended you are charged with a crime and the uninsured charge can get your license revoked. You have a fairly straight forward defense - an identification issue. Although a powerful defense, it is difficult to execute upon. I mean, you don't just waltz into court and get the cop to testify to the fact that "...it was not me who he issued the tickets to..." For him to give that testimony he would be admitting he was negligent in his duties, as he failed to notice the photo on the license and you were not one in the same. There are many things you have to do to assert an identification case. For example, have you (1) reported your license stolen or lost; (2) reported the false identification of you to the police and obtained a police report; (3) given the police leads as to whom could have done this. Also, have you found out who the vehicle in question was registered to?

    You are clearly over simplifying the predicament you are in. You need legal help. Heavy duty legal help that comes with a price tag of way more than $300.00 per appearance. This is not the kind of case that is wrapped up in a single court appearance. No lawyer is going to take your case for $300, or $300 an appearance. It's time to break open the piggy bank and call some lawyers that specialize in this kind of work and then when you find someone you trust pay the fee without attempts to negotiate or complain about the price. Just hire the right lawyer by handing over your cash, like you would if you were buying a gallon of milk. Because you need the RIGHT LAWYER for this case, not the CHEAP LAWYER. Good luck!

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  • I got a ticket within the first 6 months of driving while in the bronx i need a traffic lawyer to help fight it

    so basically i was driving in about my 5th month of driving and i got a ticket for going 18 over which was clocked on a laser gun and my dad and i need someone to help fight it

    Michael’s Answer

    You are on probation at the time of the stop, so you are facing having your license suspended. Check out profiles on AVVO and choose a lawyer that specializes in speeding and traffic ticket defense. Check out the lawyers AVVO profile rating and go for a perfect 10. Check out the lawyers profile and pick a lawyer that practices exclusively traffic ticket defense. Check out the lawyer's client testimonials and compare between lawyers to pick the best one. Best of luck to you!

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  • Can I sue a dentist for irreversible damage?

    I went in to have a chipped front tooth fixed. The result is that it is now shorter and the excess thickness has caused the tooth to push forward from closing mouth on top of lower teeth. I normally use aspen dental in my hometown location but due...

    Michael’s Answer

    Your statement fails to express what, if anything, you believe the dentist did wrong. Don't get me wrong, I am not saying that you do not have a case, it's just that you do not allege that the dentist did anything wrong or which caused the problem. Google around for a lawyer that specializes in dental malpractice. I am sure you can find one here on AVVO as well. Good luck!

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  • How can I get my unsafe driving ticket downgraded to zero points - both MVC and insurance ?

    I received an careless driving 39:4-97 ticket recently. I have a lot of points on my license from my younger years - over the 12 point threshold so I'm trying to avoid anything additional.I know I will be offered unsafe driving if I talk to the ...

    Michael’s Answer

    Your query calls for substantive advice as to how to represent yourself in court. You are not entitled to a written tutorial on how to do it., as the call of your question is what we sell. This forum is for getting general information about your case and reviewing attorney profiles. Then, the lawyer you retain will answer those questions and in fact, do it for you.

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  • I MISSED PRE-TRIAL CONFERENCE DATE 8/01/2016.

    I PASSED A STOP SIGN. THE COP MADE A REPORT AND SAID TO ME SORRY I HAVE TO MAKE A REPORT OUT HE DID NOT GIVE ME A TICKET. THEY SAID MY TICKET NO. IS NOT IN THE SYSTEM.I GOT A LETTER WITH THE TICKET NO. I DONT KNOW WHAT TO DO . THANK YOU

    Michael’s Answer

    No one here is going to give you step by step instructions on what to do. When you retain counsel not only does your lawyer go to court for you, but you do not have to hit a law library to figure out how to litigate a traffic ticket.

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  • Is a traffic court allowed to move up the date of a scheduled traffic trial by 3 weeks

    Is a traffic court allowed to move up the date of a scheduled traffic trial by 3 weeks without even considering if this date works for the defendant? My traffic court trial was scheduled for late august and then today, not even a week after i rece...

    Michael’s Answer

    Actually, there is another prong to submission of a motion to dismiss for failure to serve for a supporting deposition. And it would be timely and proper. You have to read the statute and study the law. However, you have much bigger problems than that. GOOD LUCK trying to file a motion in the Suffolk County TVA. The court is being sued in Eastern District Federal Court for violating the civil rights of motorists before the court. In fact, because you demanded a supporting deposition is the reason they have set the case down for TRIAL and not CONFERENCE. But, you don't have to take my word for how screwed you are. You can pull the papers from the litigation in the Eastern District Court it's Index No.: CV 15-3097. In addition, check out the recent appellate court decision in People v. Javaherforoush, 2016 NYSlipOp 51030(U). In that case, the court REFUSED to accept a motion to dismiss for failure to serve a supporting deposition. Then, on the day of trial the court allowed her attorney to be relieved as counsel and REFUSED TO ALLOW A CONTINUANCE SO SHE COULD GET ANOTHER LAWYER! Then, she made an oral application to dismiss because the supporting deposition was not served, and they denied the application because the motion was not made in writing - even though they previously refused to accept a written motion. Then, she tried to file the written motion on the spot, but they denied that as well alleging it was untimely. Of course she was found guilty as charged, and in a scathing decision the appellate court over turned the conviction. This is what you are up against. Good luck, you will need it.

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  • Is what the Assistant DA told me correct?

    As the matters speeding tickets and an unlicensed operation violation are indeed merely violations, and not crimes, to my understanding, there is no discovery of documents that occurs prior to a bench trial. Frankly and significantly theres no sho...

    Michael’s Answer

    You are entitled to discovery and disclosure in a traffic case, as well as 710.20 and 710.30 disclosure, the right to be prosecuted on information only, the right to a speedy trial, the right to all Rosario & Brady Material as well. You also also entitled to disclosure of video evidence pre-trial, and the calibration certificate and you have a right to voir dire as well as the right to preclude the police officer's testimony under Frye. Good luck!

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  • When there is a dog in the house that has bitten people before is it child endangerment to keep that dog in the house with kids

    I was bitten by my sister in laws dog on Monday. We live in the same household. This dog has bitten 4 other adults in the home previously and they will not get rid of the dog or put him down. I have 2 children of my own and she has 3 children livi...

    Michael’s Answer

    The easy answer is to just not go there, and if you do don't bring your kids.

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  • Why won't anyone represent me?

    I was at a stop sign on a country road. There was a bunch of trees and other brush in the way of my view of traffic and i wasn't able to see a car coming to me even after creeping forward to try. Attorney's don't want to help because that corner i...

    Michael’s Answer

    Any traffic court lawyer will defend you against the charges. As for a personal injury case, you may be at fault.

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