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Questions Answered by Michael Arbeit
1 Answer | Asked in Criminal Law for New York on
Q: I was contacted by a investigator at Nys department of financial services. They want to meet to talk do I need a lawyer
Michael Arbeit
Michael Arbeit answered on Apr 27, 2022

Do you work for NYS? Do you have any reason why an investigator from NYS would be calling you? Do not speak with anyone before speaking with an attorney for proper guidance. You should immediately consult with an experienced criminal defense lawyer in regard to this matter. You can always reach... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: What is the max they can give you in nys for the following crimes combined.

4 auo 2nd, 2 fleeing officer 2nd, unlicensed operation, bail jumping, obstruction of government administration 2nd, reckless driving.

Michael Arbeit
Michael Arbeit answered on Apr 25, 2022

The answer is predicated on a few different factors. Consult with an attorney in regard to this matter ASAP.

1 Answer | Asked in Criminal Law for New York on
Q: My court was postponed I’m a 19 year old female, it’s a felony complaint (screening) will I go to jail that day?

I’m scared… I don’t wanna get thrown in jail, I haven’t even been able to talk to my public defender and court is on April 13th

Michael Arbeit
Michael Arbeit answered on Apr 9, 2022

Where is your case pending? What are you charged with? No, you will not be thrown in jail on the next appearance. Consider hiring a private attorney if you are not happy with your assigned lawyer.

1 Answer | Asked in Criminal Law for New York on
Q: My boyfriend just got charged with 3 counts criminal possession of a firearm in the 2nd degree and attempted murder

They have no evidence and they said they had a arrest warrant for a year but just now picked him up. The situation was basically self defense long story short. He definitely needs a lawyer but we are very low income. Is there anyway out of this?

Michael Arbeit
Michael Arbeit answered on Apr 6, 2022

Where is this matter pending at? These are very serious charges. if he can not afford a lawyer, one will provided to him by the Court.

1 Answer | Asked in Criminal Law for New York on
Q: I have a warrant in brooklyn from 1997 and would like to turn myself in.
Michael Arbeit
Michael Arbeit answered on Feb 28, 2022

What is the warrant for? Do not do so until you speak with an attorney about the situation.

1 Answer | Asked in Criminal Law for New York on
Q: I was charged with criminal contempt 1st but was taking a reduced plea of criminal contempt 2nd with 3 years probation

But I failed to appear twice to sentencing

Michael Arbeit
Michael Arbeit answered on Feb 22, 2022

What courthouse is this matter pending at? Did the judge issue a warrant for non-appearance? You now could be facing up to a year in jail. Contact your attorney ASAP.

2 Answers | Asked in Criminal Law and Family Law for New York on
Q: My son was arrested for class a misdemeanor, what will happen to him? We reside in suffolk county, ny.

My son is 32 he was arrested yesterday because his ex filed a report and pressed charges due to him touching her twice And kissing her once without consent at a play center for kids during his visitation time with their son. She is 26. I believe there is surveillance at the play center they were... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 16, 2022

Is the matter pending at the courthouse in Central Islip? Is he charged with forcible touching? If he has not already hired an attorney, he needs to consult with and retain an experienced criminal defense lawyer immediately. Call my office at (516) 766-1878 to discuss further. -Mike

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1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: Will I be convicted if I don’t have a record and was realeased on ror ?

Facing Class A Misdemeanor , thing got heated and I bruised my girl friends arm and face . I don’t have any priors a d have never been in trouble and she didn’t press charges but I still turned myself In and was realeased on ror with a next court date and a order of protection . What should I... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 3, 2022

You need to consult with an experienced criminal defense attorney immediately for proper representation. You want this matter to be handled correctly. Did you girlfriend sign the supporting deposition? Were there any witnesses to the altercation? Did you give a statement to the police? A lot... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: can someone be charged with 130.20 (2) if he is under 21 years old?

The person arrested is 20 years old, the crime happened when he is 20

Michael Arbeit
Michael Arbeit answered on Jan 25, 2022

Is the person arrested 17 years of age or older and is the c/w under the age of 17?

1 Answer | Asked in Criminal Law for New York on
Q: I have a warrant for not appearing for a charge of grand larceny in the 4th degree of a credit card. What are my options

I am a single father of two and currently unemployed. There is a bunch of extenuating circumstances in this and the facts are wrong

Michael Arbeit
Michael Arbeit answered on Jan 23, 2022

Your options are to either voluntary surrender on the warrant or risk getting picked up on the warrant by the fugitive/warrant squad. I suggest you see about getting some $$ together to retain an attorney for proper representation.

1 Answer | Asked in Criminal Law for New York on
Q: If convicted of a misdemeanor in NYS in 2016, when would the conviction no longer appear in criminal background check?

Convicted of misdemeanor (NYS PL 260.10.01). Certificate of Disposition May, 2016. Have not been in trouble since.

Michael Arbeit
Michael Arbeit answered on Jan 14, 2022

Unfortunately, this misdemeanor conviction will appear on any background check. You may be eligible to have this conviction sealed pursuant to CPL Section 160.59 10 years after the sentence date (provided you qualify).

2 Answers | Asked in Traffic Tickets for New York on
Q: Can I get a plea deal if I was speeding 91 in a 50. 11 points pending, but a clean record the last 2 years in NYC.

I have a court case where I was "speeding 41 over" which is the exact amount for automatic suspension. Officer pulled me over and was immediately annoyed about a sticker on my windshield. He told me to take it off my windshield and to never put it on even though it was from a PBA... Read more »

Michael Arbeit
Michael Arbeit answered on Jan 4, 2022

What court is the ticket returnable to? You should definitely consult with an attorney in regard to this matter. You do not want your licesne o get suspended.

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3 Answers | Asked in DUI / DWI for New York on
Q: DUI NY First time ofense. Charged w/ 1192.2, 1192.3 and 1128A. Returned DL and told can drive. What can expect in court?

Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee

Michael Arbeit
Michael Arbeit answered on Aug 30, 2021

What county is this matter pending at? What did you blow? Accident? Call me to discuss. (516) 766-1878. Always available 24/7

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1 Answer | Asked in Criminal Law for New York on
Q: How can a NYPD arrest charge 50 years old be dismissed be expunged / sealed?

Forgery

Michael Arbeit
Michael Arbeit answered on Aug 24, 2021

Were you convicted of a crime? Call me to discuss further. (516) 766-1878. -Mike

1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get charges dropped even before arrest is made?

I filed a police report when he broke 2 of my car windows that night when I broke up with him. I told him that I wanted to return the car to him, since he gave me that car just a few months ago (he used to own that same car) and I told him that night of the incident. I didn't know what to do... Read more »

Michael Arbeit
Michael Arbeit answered on Jun 20, 2021

At this point, it may not be possible to avoid an arrest. But, if you do not want to move forward, you have no obligation to speak with the prosecutor or sign any paperwork. If you do that, a lawyer that knows what they are doing Will get the matter dismissed. Your friend should consult with an... Read more »

1 Answer | Asked in Criminal Law and Estate Planning for New York on
Q: Hello gm I hope all is well . I wanted to no what can I do about me not being able to obtain certain jobs because record

because I have a record i don't have no felonies they are misdemeanors and happen when I was young but I can't even do a training class for home health aid because of this and I just would like to no what steps I can take to resovle this issue I been having with my record for years

Michael Arbeit
Michael Arbeit answered on May 10, 2021

In New York, You may be able to seal you criminal convictions pursuant to CPL 160.59. Consult with an experienced criminal defense attorney to see if you are eligible.

1 Answer | Asked in Criminal Law for New York on
Q: Should he stop running or possibly wait out the statute of limitations.

My friend has been on the run for almost five years. A charge of fraud and another incident where he was in the wrong place at the wrong time with cocaine that wasn’t his. He fled to New York recently for a visit and has just had a baby. The issue as well is he was dealing with someone else prior... Read more »

Michael Arbeit
Michael Arbeit answered on Mar 18, 2021

If he has warrants for these cases, there is no statute of limitations. He has pending cases in both PA and NY?

1 Answer | Asked in Traffic Tickets for New York on
Q: I have an unlicensed driver ticket and two tail light tickets do I need a lawer or whats the most can I get
Michael Arbeit
Michael Arbeit answered on Mar 17, 2021

Where did you receive these tickets? What courthouse are the tickets returnable to? You definitely should consult with an attorney ASAP in regard to these tickets.

1 Answer | Asked in Criminal Law for New York on
Q: Hello! I have a case on file here and wanted to know if I would be able to have it removed from my records?

Is there any fine that will help me remove that case? Or have it expunged?

Michael Arbeit
Michael Arbeit answered on Jan 11, 2021

There is a relatively new sealing law in NYS. See Criminal Procedure Law Section 160.59 or speak with an experienced attorney to see if you qualify to have your criminal conviction sealed.

4 Answers | Asked in DUI / DWI for New York on
Q: I live in new york and was charges with aggravated dui in may 2020 and have yet to be arrainged it was to be june 6 2020

The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court

Michael Arbeit
Michael Arbeit answered on Jan 11, 2021

What county is this pending at? Consult with an experienced criminal defense attorney for proper representation.

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