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Questions Answered by Michael Arbeit
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... View 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... View 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... View 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... View 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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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... View 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... View 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... View 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... View 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... View 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... View 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.

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