Questions Answered by Michael Arbeit
Q: Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen
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.
Q: Can a police officer ticket me if he did not see me driving but was told by another officer that I was ?
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 »
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 »
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.
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.
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.
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.
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.
Q: How would I view records of a drug case from the early 90's that was settled in Albany District Court?
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.
Q: Does a 22 year old felony conviction show up on an employment background check?
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.
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.
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 »
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
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.
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 ?
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
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
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.
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
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.
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 »
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.
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?
What county did this happen at? When is the court date and where?
Q: Facing a dwi felony in ny. I live in georgia. How likely is it they will extradite me
What county is the Felony DWI pending? It is quite likely that will be extradited on a pending felony charge.
Q: Can I have a felony conviction sealed?
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
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
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
Q: Are any federal laws different than state laws when it comes to juvenile defendants?
Laws vary state to state and Federal Law can be completely different as well to a particular state in regard to a particular matter
Q: I was refused entry to attend a V.I.P for a DWAI due to intoxication. I am to be re sentenced, Will it be a DWI again?
I was supposed to attend a VIP as part of my conditions for my DWAI. I was refused entry due to suspected intoxication, and on my way out flipped the bird to the cop. A few days later I received a letter for re-sentencing. My original charges were a DWI and a refusal. which i plead down to a DWAI.... Read more »
If you were already sentenced on the DWAI, that can not be vacated by the court. You could however be sentenced up to 15 days in jail because of an alleged violation of your conditional discharge. What county is this case in? Consider hiring a lawyer to try and keep you out of jail.
Q: I have to work during my court date - what should I do?
If it is a traffic ticket, you can hire an attorney to go and you do not have to appear. If it's a criminal matter, you must appear. Any questions, call me at (516) 766-1878. -Mike.
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