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Questions Answered by Michael Arbeit
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... 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

1 Answer | Asked in DUI / DWI for New York on
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 »

Michael Arbeit
Michael Arbeit
answered on Oct 6, 2018

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.

2 Answers | Asked in Traffic Tickets for New York on
Q: I have to work during my court date - what should I do?
Michael Arbeit
Michael Arbeit
answered on Sep 21, 2018

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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1 Answer | Asked in Criminal Law for New York on
Q: What should I do?

I was recently falsely arrested for criminal possession of a weapon. While waiting to be seen before a judge, I was released because the D.A chose not prosecute. Upon arrest the officers seized property even though it wasn’t categorized as arrest evidence, instead the officer categorized it as... Read more »

Michael Arbeit
Michael Arbeit
answered on Aug 28, 2018

If the police department refuses to return the property (that is legal), you may have to file an Order To Show Cause in Supreme (civil) Court to force them to return it.

2 Answers | Asked in DUI / DWI for New York on
Q: Dui in NY state . already plead guilty .Is there anything we can do to lessen the charge to prevent a criminal records
Michael Arbeit
Michael Arbeit
answered on Aug 15, 2018

If you have already plead guilty and have been sentenced, the matter is done. If the sentence was more than 10 years ago and you meet other criteria, you may be eligible to have this matter sealed pursuant to CPL 160.59.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Yesterday I received a ticket for 45 mph over the speed limit on the meadow brook parkway I also have 4 other speeding

Tickets pending if I get a lawyer what is the likelihood of beating them

Michael Arbeit
Michael Arbeit
answered on Aug 10, 2018

Call an experienced attorney immediately to discuss this matter. You have 4 other speeding tickets pending right now?

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3 Answers | Asked in Criminal Law for New York on
Q: Was charged with a pl 210.45 first offense ever only 19 yrd old can i get an ACD offered first court day?
Michael Arbeit
Michael Arbeit
answered on Aug 3, 2018

You may get that offer eventually with a hard working attorney on your side, but most likely not on the first court date (but it all depends on the case). I suggest retaining an experienced criminal defense attorney for proper representation.

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2 Answers | Asked in DUI / DWI for New York on
Q: If you challenge a DUI will the arresting officer testify in your case?
Michael Arbeit
Michael Arbeit
answered on Jul 27, 2018

Yes, if you want to litigate the matter, the government is most likely going to have to call the arresting officer as a witness to prove their case absent other unknown facts of matter that you have not provided

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2 Answers | Asked in Criminal Law for New York on
Q: Was given a DAT first time ever I made a false statement but then said the truth can I get an ACD I don’t want no jail?

Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation and no jail time I’m almost 7 months pregnant and have a 4 year old Please help firt time I’ve ever been to court or have written a report or anything im really scared this... Read more »

Michael Arbeit
Michael Arbeit
answered on Jul 26, 2018

Jail is unlikely for a first offense like this (although I do not know the nature of the false report), but you should definitely consult with an experienced criminal defense attorney for proper representation immediately. You do not want to walk into the courthouse without an attorney by your... Read more »

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3 Answers | Asked in Consumer Law, Criminal Law and Identity Theft for New York on
Q: Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation?

Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation and no jail time I’m almost 7 months pregnant and have a 4 year old Please help firt time I’ve ever been to court or have written a roport or anything in scared

Michael Arbeit
Michael Arbeit
answered on Jul 25, 2018

Where did this happen? You should consult with an experienced criminal defense attorney for proper representation immedidately.

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1 Answer | Asked in Criminal Law for New York on
Q: I was convicted of a larceny charge two decades ago. Is it possible to expunge my record now?
Michael Arbeit
Michael Arbeit
answered on Jun 16, 2018

There is no expungement in NY, but there is now sealing for different convictions if you meet certain criteria. The new law is under CPL 160.59. I would suggest consulting with an experienced criminal defense attorney about your matter.

1 Answer | Asked in Criminal Law for New York on
Q: Can a weapons charge be reduced if the weapon owned was in a locked safe opened by another under direction of the police

The person that opened the safe was a live in girlfriend to the owner only opening the safe as directed by the cops without a search warrant?

Michael Arbeit
Michael Arbeit
answered on Apr 20, 2016

The person charged should retain an experienced criminal defense attorney immediately. Many more facts are needed to fully answer your question.

1 Answer | Asked in Criminal Law and DUI / DWI for New York on
Q: Can a car that is not mine be forfeited if I was charged with a DWI in NY?
Michael Arbeit
Michael Arbeit
answered on Apr 20, 2016

The owner of the car has what is called an "innocent owner" defense. The owner should contact an attorney if the authorities are failing to return the vehicle.

1 Answer | Asked in Criminal Law for New York on
Q: My father was arrested for a charge 130.35, he is here illegally, was immediately imprisoned. He is innocent, options?

I believe the person who called the police was lying, however my dad doesn't speak english and for this reason I believe he was treated unfairly. The story has changed several times by the accuser and I know my dad would never do this. Do I have any options? I am really scared for him because... Read more »

Michael Arbeit
Michael Arbeit
answered on Apr 20, 2016

Your father needs an experienced criminal defense attorney to represent him immediately.

1 Answer | Asked in Criminal Law for New York on
Q: my relative has been charged with a crime. He has been offered a plea bargain but the DA will not give his lawyer access

to the evidence they say they have against him to prove the case. Don't they have to let his lawyer see the "evidence" before he decides?

Michael Arbeit
Michael Arbeit
answered on Apr 20, 2016

If the charge is a Felony, the District Attorney's Office does not have to provide discovery until AFTER an Indictment is issued. Many DA Offices have policies that if they make an an offer pre-indictment, it will be withdrawn upon an Indictment.

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