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Questions Answered by Michael Arbeit
2 Answers | Asked in DUI / DWI for New York on
Q: I just recently received and DUI(NY) while driving with my girlfriends plate? What’s the worse case scenario?

Improper plates is 1 of the charges

Michael Arbeit
Michael Arbeit answered on May 21, 2020

Do not concern yourself with the Improper Plates charge which is a 0 Point violation and not a crime. The DWI is a misdemeanor (criminal) offense which carries a whole hot of penalties through the court and DMV if you are convicted. Contact an experienced criminal defense attorney for proper... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Is it possible for a judge to seal your record immediately at the time of the guilty plea? (NYC)

7 Years ago (age 20-22?) I was charged with Felony Grand Larceny. I have done several background checks and I’m unable to find the charge. The situation was very unique and borderline civil! The judge I could tell was unhappy with me being there (she said multiple times “I don’t like this at... Read more »

Michael Arbeit
Michael Arbeit answered on May 11, 2020

If you plead guilty to a crime, I doubt it was sealed. When the courts finally re-open after this pandemic, go to the court clerks office and request a Certificate of Disposition. You can possibly have your matter sealed after 10 years after the conviction pursuant to CPL section 160.59

2 Answers | Asked in Traffic Tickets for New York on
Q: I was issued a ticket for driving with a suspended license, but my license is valid

I was the passenger in a car where the driver license was suspended. I was instructed to get in the driver seat because my license was valid. I also received a ticket for oper/permit/lic reg art 7, which is also a misdemeanor. What does that ticket even mean? And would it be dismissed because my... Read more »

Michael Arbeit
Michael Arbeit answered on May 8, 2020

If your license was not suspended on the date of the incident, the ticket for driving with a suspended license should be dismissed. Where was this ticket issued? You should speak to an attorney for possible representation.

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1 Answer | Asked in Criminal Law for New York on
Q: I pressed charges on my boyfriend a couple of days ago for forcible touching, i confused the situation, i was drunk

I told the attorney to drop the charges and they still going with it, what should i do? Should i contact the attorney again? I mixed the details up. I told them i was not going to testify

Michael Arbeit
Michael Arbeit answered on May 6, 2020

Do NOT speak with anyone from law enforcement anymore if you do not want to move forward. Do not sign anything if emailed or mailed to you. Your boyfriend should consult with and hire an experienced criminal defense attorney ASAP.

3 Answers | Asked in Traffic Tickets for New York on
Q: Tickets from 2 years ago

I got a ticket 2 years ago in the bronx for texting and driving which is 5 points. Than a ticket 2 months later which I didnt plead guilty to for going 21 over the speed limit which is 5 points. My court date is in mid july if I get convicted would it automatically suspend my license. After this... Read more »

Michael Arbeit
Michael Arbeit answered on May 2, 2020

Take an online defensive driving course. It may help you depending on the exact date of the previous violations.

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1 Answer | Asked in Criminal Law for New York on
Q: Have an bench warrant from 6 years ago. Cant travel there in person. Can laywer speak on your behave?
Michael Arbeit
Michael Arbeit answered on May 1, 2020

It really depends on what the warrant is for and what court it is located at. Need more information

2 Answers | Asked in Traffic Tickets for New York on
Q: NYS Emergency Room Technician received a Red Light Violation in Nassau county for a Right Turn. Although My turn was not

perfect and an emergency vehicle was approaching in my rearview mirror. Can I challenge the Red light camera ticket, although the emergency vehicle was about 250 feet behind me?

Michael Arbeit
Michael Arbeit answered on Apr 23, 2020

Were you pulled over OR was this a camera ticket? Contact an attorney for some advice.

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3 Answers | Asked in Criminal Law for New York on
Q: Hi I wanted to know if I had a criminal case in 2004 that was acquitted is it possible to still find the court records?
Michael Arbeit
Michael Arbeit answered on Apr 22, 2020

If you were acquitted after trial, only you would have access to those court records. You can go to the court clerk at the courthouse where the matter was held to request to review the courts file

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2 Answers | Asked in Criminal Law for New York on
Q: What is the best possible plea deal I can get if I was charged with Criminal contempt?

There was no physical contact to the victim just words being exchanged it was in NY Criminal contempt 2 . Would this effect my employment with the DOE?

Michael Arbeit
Michael Arbeit answered on Apr 17, 2020

Where is the case pending? You need to immediately consult with an experienced criminal defense attorney for proper representation.

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1 Answer | Asked in Traffic Tickets for New York on
Q: I recieved an unregistered summons New York City

I received an unregistered summons in New York City from a New York State cop...This was actually written on a car I was loaned from a dealer.. A plate reader picked it up Cop told me the dealer's registration was expired upon review it was expired. I plead not guilty and that was a year ago... Read more »

Michael Arbeit
Michael Arbeit answered on Apr 16, 2020

Was that the only ticket that you received? If so, get a letter from the dealer that it was their vehicle and proof that the car was re-registered. You can have an attorney to represent you and you would not even have to appear.

1 Answer | Asked in Criminal Law for New York on
Q: I Need help to expunge a UNFOUNDED C.P.S. case
Michael Arbeit
Michael Arbeit answered on Feb 25, 2020

If the matter was "unfounded", it should be sealed.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York on
Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 4, 2020

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

1 Answer | Asked in Criminal Law for New York on
Q: What charge is penal code 165.00

What type of charge is penal code 165.00

Michael Arbeit
Michael Arbeit answered on Oct 23, 2019

165.00 Misapplication of property.

1. A person is guilty of misapplication of property when, knowingly

possessing personal property of another pursuant to an agreement that

the same will be returned to the owner at a future time,

(a) he loans, leases,...
Read more »

3 Answers | Asked in Criminal Law for New York on
Q: I need a lawyer to represent my son in new York
Michael Arbeit
Michael Arbeit answered on Sep 25, 2019

Where in NY are you looking for representation and for what? It's a big state.

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2 Answers | Asked in Criminal Law for New York on
Q: Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen
Michael Arbeit
Michael Arbeit answered on Jul 16, 2019

Where did this happen (what County)? It is a Class A Misdemeanor (crime) punishable by up to 1 year in jail. Consult with an experienced criminal defense attorney for proper representation.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Can a police officer ticket me if he did not see me driving but was told by another officer that I was ?
Michael Arbeit
Michael Arbeit answered on Jun 17, 2019

The officer that saw the alleged traffic infraction would have to sign a supporting deposition saying so. If there was a trial, the officer who witnessed the infraction would have to testify. If the government just brought in the cop that wrote the ticket, but did not observe the violation, his... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: What if a detective denied me a lawyer? could my case be thrown out? criminal possession of a controlled substance

I have no record, when i asked for a lawyer the detectives told me if i wanted a lawyer they couldn't help me and would charge me with a felony instead of a misdemeanor. I wasn't even given a phone call. I was also pulled over for no traffic violation reason and there was no criminal... Read more »

Michael Arbeit
Michael Arbeit answered on Jun 7, 2019

If you do not already have an attorney representing you, consult with one immediately. If you do, speak to them about these issues. Your version of the events and the police version I am sure are going to be completely different, but that's what suppression hearing are for.

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1 Answer | Asked in Traffic Tickets for New York on
Q: Driving without license and inspection tickets from 2 years ago. Never went to court. Will I get in trouble if I go now?

I sent in not guilty plea but never heard back. I remembered the tickets recently and want to pay for them. They suspended my permit. What kind of trouble will I get in.

Michael Arbeit
Michael Arbeit answered on Apr 18, 2019

You should consult with an attorney in regard to this matter for proper representation. And, do NOT drive at all until this matter is resolved.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: How can l get an application for a certificate for good conduct. To be honest l don't know the correct terms.

I have a felony dating back to 1999, l am trying to get a promotion at work, but my past is keeping me from achieving my goals.

Michael Arbeit
Michael Arbeit answered on Apr 1, 2019

Depending on what the felony convictions was for and any other past criminal history, you may be eligible to seal that conviction pursuant to CPL Section 160.59. You should consult with an experienced criminal defense attorney in regard to this matter.

1 Answer | Asked in Criminal Law for New York on
Q: How would I view records of a drug case from the early 90's that was settled in Albany District Court?
Michael Arbeit
Michael Arbeit answered on Mar 9, 2019

You would need to go the clerk's office of that court and ask to see the court file (chances are they are going to have to order it from records for you). If the matter was not yours and the case was sealed, you will not be allowed to review the file.

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