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Questions Answered by Michael Arbeit
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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2 Answers | Asked in Criminal Law for New York on
Q: Is it illegal to refuse a blood test while pulled over if an officer suspects drug use?

Pulled over while on a prescribed medication that caused anxiety and shakiness. Officer that pulled me over searched my car and requested a blood test.

Michael Arbeit
Michael Arbeit answered on Nov 14, 2020

No, it is not illegal to refuse a blood test, but your license can be revoked if you are charged with driving under the influence of drugs (1192.4). Were you charged with a crime?

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2 Answers | Asked in DUI / DWI and Traffic Tickets for New York on
Q: Im doing thing in class about Kevin Harts drag race insident, what would you give Hart as a punishment and why?

How many years woud you have him serve?

Michael Arbeit
Michael Arbeit answered on Nov 12, 2020

What class are you doing this for and where.

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4 Answers | Asked in DUI / DWI for New York on
Q: what happens to me if i hit someone on bike and they die
Michael Arbeit
Michael Arbeit answered on Oct 19, 2020

It all depends on the circumstances of the incident. If this is a real life situation, I suggest you immediately consult an experienced criminal defense attorney for proper representation.

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2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: I need help with this situation immediately

my brother used my information when he was pulled over during a traffic stop and entered a guilty plea for the tickets he received he's now incarcerated and I'm just now finding out about this situation and I just received a ticket in the amount of $776 saying I have to pay it by 10/27 I... Read more »

Michael Arbeit
Michael Arbeit answered on Oct 5, 2020

Where did this happen (what county)? Call me to discuss. 516 766 1878 -Mike.

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1 Answer | Asked in Criminal Law for New York on
Q: I want to have a non violent felony conviction record sealed arrested 1989 5 years probation one year drug rehab
Michael Arbeit
Michael Arbeit answered on Sep 30, 2020

Yes, you may be eligible for sealing pursuant to NYS CPL Section 160.59. Call me at (516) 766-1878 to discuss further. -Mike.

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: I was convicted in 1989 for a non-violent felony, did 5 yrs probation, 1 yr of drug rehab. I want my record sealed

I do not have a copy of my arrest record or the number I was assigned, probation office said everything is in archives and nothing will come up with my name on it. I was arrested under my married name

Michael Arbeit
Michael Arbeit answered on Sep 30, 2020

You need to get a Certificate of Disposition from the Court Clerks Office at the court that were convicted.

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2 Answers | Asked in Criminal Law for New York on
Q: I have a criminal summons for harassment in the second, no physical violence and I don't have a record. I have a witness

Should I acquire a lawyer or defend myself. The young lady who is claiming the harassment was harassing me. It all started when my fiance tapped her bumper, she began to rant and rave I was a passenger in the backseat. She targeted me refused to allow me out of the car and began screaming I want... Read more »

Michael Arbeit
Michael Arbeit answered on Aug 17, 2020

Although it sounds like are charged with a violation (240.26), you should consult with an experienced criminal defense attorney for proper representation. You really should not to go to court alone without counsel.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I got a speeding ticket in march, i signed the ticket, plead not guilty and mailed it. I never got a court date

It was the week before covid hit new york. After i mailed it i never heard back, I have severe anxiety and am scared to call the courthouse only for them to tell me i might have a a warrant out for my arrest. After covid hit i lost my job and I had a lot of personal problems that caused me to have... Read more »

Michael Arbeit
Michael Arbeit answered on Jul 24, 2020

Where did you get the ticket (what county)? Did you keep a copy of the ticket?

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1 Answer | Asked in Criminal Law for New York on
Q: I need advice please

I've been accused of 7 charges, false written statement, 3 counts criminal mischief ,1 with intent to damage property, arson, desecration of a cemetery, criminal mischief: hate crime i need advice I have both of the statements mine and the other person involved, i did not commit any of these... Read more »

Michael Arbeit
Michael Arbeit answered on Jul 18, 2020

You need to immediately consult with an experienced criminal defense attorney for proper representation. What county are the charges pending in? Call me to discuss further (516) 766-1878.

3 Answers | Asked in Traffic Tickets for New York on
Q: As a GA driver who got a ticket for improper cellphone use in NY, will it appear on my record and also the points?
Michael Arbeit
Michael Arbeit answered on Jun 20, 2020

I do not believe it will affect your GA drivers license, but you should check with the GA DMV to be certain. You should consider retaining a NY attorney to represent in this matter. You would not have to appear.

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2 Answers | Asked in Traffic Tickets for New York on
Q: 2 counts of 0306 B 1 0401 A 1 0319 01u

I was insured, but forgot my ID card. Can I get the 0319 01u dismissed?

Can I face jail time?

I forgot to answer the summons but rectified before my license was suspended.

Michael Arbeit
Michael Arbeit answered on Jun 17, 2020

If you get a coverage letter from the insurance company indicating that on the date in question, the vehicle’s insurance policy was in full force and effect, the ticket will be dismissed. The courts will not accept and insurance card or a letter from a broker. It needs to come from your insurance... Read more »

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3 Answers | Asked in Criminal Law for New York on
Q: I was charged with riot 2nd and assault 2nd. I was arrested with no Miranda rights read to me

I was affected by tear gas and rubber bullets and forced to stay in the precinct after they told me they messed up on my paper work. didn’t see a judge For about 12 hrs

Michael Arbeit
Michael Arbeit answered on Jun 4, 2020

You need to consult with an experienced criminal defense attorney for proper representation immediately. The charges against you are very serious.

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