Questions Answered by Mark A. Siesel
Q: How will having no "priors" on my records affect my sentencing on a felony now?
If you have no prior felonies on your record, or none within the last ten years, you are eligible for the lowest range of sentencing when the presiding judge sentences you.
Q: How do I calculate the time from a previous felony conviction for purposes of sentencing on a new case?
The time from your last felony conviction begins to run on the date that you are released from prison on the previous conviction.
Q: How many classifications of misdemeanors are there in New York?
There are A and B misdemeanors, and unclassified misdemeanors.
Q: How long can I possibly be sentenced on a Class B felony?
The maximum sentence on a Class B felony is 25 years in state prison.
Q: What level felony is criminal possession of a controlled substance in the second degree?
Criminal possession of a controlled substance in the second degree is an A-11 felony.
Q: Is there any chance that I can plea bargain my DWAI to a non-drinking infraction?
No, there is no possibility of a non-alcohol plea bargain for any alcohol infraction or crime.
Q: I am 19 years old and I just was found guilty of a DWAI. How long will I lose my license for?
Since you are under the age of 21, the license revocation for a DWAI is a minimum of one year. For adults, there is a 90 day license suspension on a first time DWAI.
Q: What proof is there that I completed the Drinking Driver Program and who receives it?
A "Notice of Completion" will be sent to the Department of Motor Vehicles when you successfully complete the program. The DMV will then determine if you are eligible to be reinstated or not. For example, if there was a refusal to take a chemical test, you would have to wait a full year before... Read more »
Q: How long is the Drinking Driver Program that the Judge ordered me to take?
The class is 7 weeks, and each session lasts approximately two to three hours. Total classroom time is 16 hours to complete the program.
Q: E: field sobriety test. What happens when the subject has congenital horizontal nystagmus?-and doesn't drink at all?
The horizontal nystagmus is quite visible and with horizontal nystagmus balance can be a slight issue at times. So walking in that line might be slightly wobbly.
The officer who asked you to do the HGN should have questioned you about any illnesses, medications, you were taken or conditions which would make it impossible for you to comply with the three parts of the HGN test. He could have performed the other two standardized FST's (walk and turn and one... Read more »
Q: Was just convicted of a 3d degree Criminal mischief. What is the most jail time I can be sentenced to by the judge?
Criminal mischief in the 3rd degree is an E felony. The maximum sentence on an E felony is 4 years.
Q: I was just charged with criminal sale of marijuana in the first degree. Is that a felony?
Yes, Criminal sale of marijuana in the first degree is a Class C felony under Section 221.55 of the New York State Penal Law.
Q: Can a case be sped up if the plaintiff finds out that she is very ill? The trial calendar in my county is congested.
Yes. A motion can be made to the Court for a "special preference." The motion woudl include a report from the plaintiff's treating doctor about the bad diagnosis and plaintiff's limited life expectancy and the motion will be granted.
Q: What happens if one of the parties in a personal injury case dies?
If one of the parties dies, a representative of that party's estate must be appointed to replace the party. The Representative could be a spouse, another family member, or if the person died without a will, the public administrator of the county where the case is pending can be appointed on motion... Read more »
Q: My 5 year old son was injured in a car accident. If we bring a claim, can it be settled out of Court?
Although the case can be settled, it must be done in Court under the supervision of a judge, who must approve the settlement and issue what is known as an "Infant Compromise Order." The judge will review the settlement, see your child, review the medical reports, and decide whether the settlement... Read more »
Q: If I go to trial on my speeding ticket, can they bring up previous speeding tickets I have gotten?
Good question. The answer is no, they cannot, as the Vehicle & Traffic Law does not permit the introduction into evidence of prior moving violations to prove that you committed this one.
Q: I want to start a lawsuit against the MTA Bus Company. How long do I have?
Pursuant to the Pubic Authorities Law, the case must be commenced within one year of the date of the accident, after giving the MTA Bus Company a thirty day opportunity to resolve the case. Note that this is less time to start a case than is permitted to start a lawsuit against a municipality under... Read more »
Q: I posted a cash bond but I lost my receipt. Can I still get my money back without it. I live in New York.
You need to make a request to the judge on your case that he exonerate your bail and explain to the judge the circumstances of losing your receipt. The judge can order that the clerk r return the money to you.
Q: Who would I contact about a compliant regarding Experian - the consumer reporting agency?
I have been unable to lify a security freeze on my information for the last 3 weeks. Experian's automated system keeps ending each attempt with "Unable to process you request right now. Please try again later." However, they charge my credit card $5.44 for each call. I'm supposed to be closing on a... Read more »
You might try contacting the New York State Attorney General's Office. Either they could advise you or they may be able to direct you to another agency that could be of help.
Q: Do you know where can i find a pleading form for tortious interference with a contract
At any law library, (sometimes Supreme Courts have libraries open to the public) you can find form books. Books such as Bender's, West or McKinney's have books called "forms of pleading", and if you look up the section under torts, you should find a form for tortious interference with contract.
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