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Questions Answered by Michael Arbeit
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,...
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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 activity the... 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.

2 Answers | Asked in Criminal Law for New York on
Q: Does a 22 year old felony conviction show up on an employment background check?
Michael Arbeit
Michael Arbeit answered on Feb 20, 2019

If the Felony conviction was in NY, the answer is YES. There is a way to seal that conviction (depending on what is was) if you meet certain requirements. See NYS CPL Section 160.59 or contact an attorney to see if that can be accomplished.

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2 Answers | Asked in Criminal Law for New York on
Q: False accusation of sexual abuse of minor. Word of minor only. No witnesses or evidence whatsoever.

Arrested. Out on bail. Pay for defense attorney or rely on free legal aid. I do not have much money.

Michael Arbeit
Michael Arbeit answered on Feb 15, 2019

What county is this case pending in? I would try and retain an experienced criminal defense attorney for proper representation. Legal Aid attorneys are very good. The only draw back is the tremendous case load they may have to carry. So, they may not be able to give the type of attention to... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: I recently stole 850 dollars from my jobs as a cashier and I left the premises immediately will I be going to jail

Also will I make my problem worst if I evade arrest

Michael Arbeit
Michael Arbeit answered on Feb 3, 2019

It's quite possible you could be arrested for petit larceny if your employer realizes that you stole $$ and called the police. If contacted by law enforcement, do NOT make any statements to them and contact an attorney for proper representation immediately.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I have a speeding ticket since 1994 in Nassau county New York. My driver licenses was suspended in 2015.

I was overseas from 2007 to 2018. Never knew about that speeding ticket. My license expired since 2012. When I went to renew my driving license thats when I found out about the incident. In the system its say COURT APPEARANCE . Will I be arrested ?

Michael Arbeit
Michael Arbeit answered on Jan 29, 2019

What courthouse is the ticket returnable at? Do not drive until this matter is resolved. You can call me anytime I you need further assistance. 516 766-1878. -Mike

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3 Answers | Asked in Criminal Law for New York on
Q: I have been told that I will be served a subpoena to testify as a witness in a criminal case if I never receive the

Subpoena do I have to appear

Michael Arbeit
Michael Arbeit answered on Jan 25, 2019

If you are not served with the subpoena, how would you know when to appear? Is this a felony or misdemeanor matter? Are you the complainant? Call me, if you want to discuss the matter at (516) 766-1878. -Mike.

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3 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How can I get domestic violence charges dropped

My boyfriend was charged with harassment 2

I spoke to DA and said I didnt want to pursue it but he said the state is involved so he won't drop charges

Michael Arbeit
Michael Arbeit answered on Jan 18, 2019

Most cases can't be prosecuted without the complaining witness (you). So, if you really do not want to pursue it, do not sign the supporting deposition. If you already did that, do not show up in court or speak with the ADA again.

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3 Answers | Asked in Criminal Law for New York on
Q: I am being accused of altering a check from 6 dollars to 60. The check sat in a mailbox for weeks before I touched it.

I am a first grade teacher and a parent dropped off a check in the office that was supposed to be made out for 6 dollars. When I finally got to the bank, it was deposited as 60. I didn't notice until weeks later. This check had sat in my desk and in the Elementary office for weeks before I ever... Read more »

Michael Arbeit
Michael Arbeit answered on Jan 4, 2019

Where did this occur (What County)? Who is accusing you of doing this? Was it deposited in a school account or your personal account? A lot of unanswered questions. Consult with an attorney in regard to this matter if you are being accused of a criminal offense.

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2 Answers | Asked in Criminal Law for New York on
Q: I've been charged with PL 155.25 as a first-time offender for an amount under $50. What offers can I get?

I'm a foreigner (Australian) visiting family and I'm here on the ESTA visa. Can I get any plea offers without appearing court?

Michael Arbeit
Michael Arbeit answered on Nov 26, 2018

What county did this happen at? When is the court date and where?

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1 Answer | Asked in DUI / DWI for New York on
Q: Facing a dwi felony in ny. I live in georgia. How likely is it they will extradite me
Michael Arbeit
Michael Arbeit answered on Oct 29, 2018

What county is the Felony DWI pending? It is quite likely that will be extradited on a pending felony charge.

2 Answers | Asked in Criminal Law for New York on
Q: Can I have a felony conviction sealed?
Michael Arbeit
Michael Arbeit answered on Oct 17, 2018

It depends on your past history and what the felony conviction is for. See CPL 160.59. If you have ay other questions, do not hesitate to call my office at (5160 766-1878. -Mike

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1 Answer | Asked in Criminal Law for New York on
Q: The ADA on my case does not want to turn over electronic recordings and video evidence about my drug case

Ada said we can view it only at ADA office. My court appointed lawyer won't challenge that.what can I do? I think that's not fair.yes I am indicted. Also no motions been put in.this is my second attorney. Stuck with another attorney who won't challenge the ada.any advice

Michael Arbeit
Michael Arbeit answered on Oct 13, 2018

Are you indicted? If not, the government has no obligation to hand over that material to your defense attorney. If you are indicted, they must hand over all video and electronic recordings

1 Answer | Asked in Juvenile Law for New York on
Q: Are any federal laws different than state laws when it comes to juvenile defendants?
Michael Arbeit
Michael Arbeit answered on Oct 13, 2018

Laws vary state to state and Federal Law can be completely different as well to a particular state in regard to a particular matter

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