Archived
Can a first offense for 220.03 be reduced to a ACOD or dismissed ...no prior record and can 221.05 be dismissed?
Scott's answer
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Answered on October 02, 2017
The judge can ACD the 221.05 without the prosecutor's consent but not the 220.03. (See CPL 170.56). I agree with my colleagues that you need a...
Archived
Good morning,
My license was revoked in 2011 for alcohol related offenses. NYSDMV says that I am not eligible until 2021?
Scott's answer
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Answered on October 02, 2017
A few years ago the legislature passed a slew of new regulations that give the Commissioner of DMV tremendous powers and a lifetime look back at...
Is it possible to have a DWI case dismissed based on a "insufficient sample" BAC reading greater than the 0.08?
Scott's answer
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Answered on October 02, 2017
No, that's not a basis to get a DWI charge dismissed. It goes to the weight of the evidence not its admissibility. A good DWI lawyer will argue...
Archived
If someone has an off scene aggravated har charge and a criminal obs of breathing charge what are they facing?
Scott's answer
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Answered on September 22, 2017
These are really fact and jurisdiction specific questions. In the five boroughs of NYC most prosecutors would reduce this case to attempted COB...
I got a violation harrasment how long will that conviction stay on my record?
Scott's answer
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Answered on July 10, 2017
I believe that it is two years where there is an order of protection in effect. It used to be one but changed about 12 years ago.
What can I expect to happen when I turn myself in for a NY bench warrant for failure to appear in court. Will I be arrested?
Scott's answer
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Answered on July 07, 2017
Sounds like a VTL 511.1 which is a low level misdemeanor for which the maximum penalty is 30 days jail (which is really 20). I doubt that bail...
Archived
Why i cannot get info about the court date of my neighbor who trespass into my property ?
Scott's answer
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Answered on July 07, 2017
I agree with Eric - this may be a summons that does not show up in webcrims. However, it sounds like a non-criminal trespass summons - the DA does...
My husband is on parole and got a traffic ticket for eating a red light, can parole violate him for that?
Scott's answer
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Answered on July 07, 2017
I have been practicing criminal law in Brooklyn for nearly 15 years and have never seen them violate someone for a traffic infraction. In fact,...
Can a defense attorney call his own witnesses?
Scott's answer
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Answered on July 21, 2016
Any attorney can call or subpoena their own witnesses. The subpoena part is a bit more complicated; need more info to give a better answer. Are...
Can i erase a dui permanently from my record?
Scott's answer
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Answered on July 21, 2016
I agree with my colleagues but would also point out that under NY law even a plea to the traffic infraction of Driving While Ability Impaired...
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