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Questions Answered by Michael D. Litman
1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Im in a situation where I resigned from my job on Oct 15 , and on 11/4 reached to me saying they got me for 5k theft.

Apparently they have video footage of me taking the money out the straps and putting it into my pocket and now have nearly 5k on my tab ( I worked for an armored truck company) idk how true this is, but it took 2 weeks for them to notify me of anything, and are now just adding any shortage to my... Read more »

Michael D. Litman
Michael D. Litman answered on Nov 5, 2019

If they want you to come in, they are probably going to have detectives there to arrest you, which is likely mandatory for their insurance company to cover any losses. They might be able to prove that you took something from the video, but it is hard to say if they are going to be able to prove... Read more »

2 Answers | Asked in Criminal Law for New York on
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 »

Michael D. Litman
Michael D. Litman answered on Jun 7, 2019

You need an attorney to fully review the facts of the case. It may be possible to have evidence suppressed if procedures were not followed properly , or if there was no basis for the stop. No attorney in this forum is going to be able to say if it can be thrown out without a full review. If you... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Get rid of misdemeanor on record in New York State...?

I have a non violent misdemeanor on my record for identity theft 3 years ago. I am 22 and it is getting in the way of my future. No company will touch me with a 30" pole. I did research it says you can not expunge a criminal misdemeanor in New York State.

If I move states will I be able to... Read more »

Michael D. Litman
Michael D. Litman answered on Apr 26, 2019

Unfortunately, it does not matter where you move to, the NY record can't be expunged. However, it may be able to be sealed after 10 years, but that does nothing for you over the next 7 years.

2 Answers | Asked in Criminal Law for New York on
Q: If you have a order of protection can you be infront the person house
Michael D. Litman
Michael D. Litman answered on Jan 9, 2019

If there is an order of protection, ordering you to stay away from a particular person, you should not go in front of that protected-person's house. That may be considered a violation of the order of protection.

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1 Answer | Asked in DUI / DWI for New York on
Q: What do I do about a dui conviction
Michael D. Litman
Michael D. Litman answered on Dec 11, 2018

I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: Can I drop domestic violence charges on my 16yr old son. He was asked to go live with his dad multiple times and refused

He laughed and got verbally and physically aggressive and was destructive. He did not hurt me. I had him arrested. He now resides with his dad and we have a court date on his birthday. I don't want to ruin his future with an arrest record.

Michael D. Litman
Michael D. Litman answered on Sep 28, 2018

You can't "drop" the charges, but you can relate your wishes to the prosecutor, for the prosecutor to consider in determining what to do. You can also refuse to participate in the prosecution. Speak to your son's attorney to get some direction from him or her.

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2 Answers | Asked in DUI / DWI for New York on
Q: What would the consequences be if I refused a Breathalyzer?
Michael D. Litman
Michael D. Litman answered on Sep 25, 2018

If you refuse to take a chemical test (breath, blood or urine), the DMV can revoke your license for one year. During that one year time period, you will not be able to get a conditional license unless you plea guilty or are found guilty of a DWI related offense. Additionally, your refusal may be... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: I was arrested in 2004 and never got a disposición how can I get one after so long and is it even possible??
Michael D. Litman
Michael D. Litman answered on Sep 11, 2018

I'm not sure I fully understand your question, but you can go to the clerk's office of the court that the case was in to find out what happened. You should also be able to get a certificate of disposition from the court if the case was finished.

If you are talking about a warrant, where...
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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 D. Litman
Michael D. Litman answered on Jul 25, 2018

If this is your first offense, it is not likely that you will be facing jail time, and probably not even probation. It is possible that the charge will be reduced to a non-criminal offense. You should hire an attorney to discuss the specifics of the case with, so you know exactly what you are... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: If you made a plea bargain with Attorney and DA can a potential Probation Officer over rule plea bargain?

I went in for my interview, nervous as heck and she told me she has the right to overrule Judge, DA, and Attorneys is this correct?

Michael D. Litman
Michael D. Litman answered on Jul 16, 2018

Probation officers can make recommendations, but they don't overrule the judge. You should speak to your attorney directly about this to see how your judge handles the recommendations of the probation officer in the pre-sentencing report. If the probation officer writes in the report that she does... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If I have a New York State felony warrant and got arrested in Arizona, would I be extradited back to New York State
Michael D. Litman
Michael D. Litman answered on May 3, 2018

It is possible that you would get extradited, it will depend on whether or not NY wants to send people to get you to bring you back to NY. You may be held in custody in Arizona for a period of time while NY decides if they want to come and get you.

1 Answer | Asked in Criminal Law for New York on
Q: First crime ever charge with 205.25.01 what can I look at doing
Michael D. Litman
Michael D. Litman answered on Apr 20, 2018

It will depend on your prior record and the dangerous contraband you are accused of having. If is a D felony, so you face up to 7 years in prison, but an attorney is likely able to negotiate with the DA's office to reduce that. You will need to speak to an attorney directly to discuss the specifics... Read more »

2 Answers | Asked in DUI / DWI for New York on
Q: If I'm pulled over by a cop, am I legally required to submit to a field sobriety test?
Michael D. Litman
Michael D. Litman answered on Mar 13, 2018

You are not legally required to submit to anything. You can refuse all tests. But that refusal can be used against you at trial and in plea bargaining. Additionally, your drivers license may be revoked if you refuse to take a chemical test (test of your breath, blood or urine).

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1 Answer | Asked in Criminal Law for New York on
Q: Hello This is my first offense for this and was hoping to know whats possible outcomes. Marijuana D.A.T

What will happen to me during Arrignment?will i be charged immediately after pleading not guilty?

Michael D. Litman
Michael D. Litman answered on Feb 26, 2018

Depending on your prior criminal record, you may be eligible for an ACD (Adjournment in contemplation of dismissal) where the case gets adjourned for 1 year, and if you stay out of trouble for that one year, the case gets dismissed and sealed. You should speak to an attorney about your specific... Read more »

1 Answer | Asked in DUI / DWI for New York on
Q: How is it that someone can get a dui if their BAC is below the limit?
Michael D. Litman
Michael D. Litman answered on Feb 16, 2018

It is hard to say without knowing what the BAC is. If the BAC is between .05 and .079, the driver can be charged with driving while ability impaired, a violation. If the BAC is above that it is a DWI. You need to discuss the matter directly with an attorney to see about the specifics of your case.

1 Answer | Asked in DUI / DWI for New York on
Q: I got a DUI combo in NY on Memorial Day weekend. I know my license will be suspended. But how much probation will I get?
Michael D. Litman
Michael D. Litman answered on Feb 13, 2018

It depends on the circumstances of the case. If you have no prior DWI related offenses, you may be able to get a reduction of the charge and no probation. You need to speak with an attorney about the specifics of your case in order for them to advise you about what could happen.

1 Answer | Asked in Criminal Law for New York on
Q: I am being accused of setting up motor cycle theft ... I would like to know how can I clear my name from this
Michael D. Litman
Michael D. Litman answered on Jan 18, 2018

Hire an attorney to go over the evidence of the case, and to discuss the facts with. It is impossible for anyone here to tell you how to deal with your case without knowing the specific facts (which should not be posted here because this is a public forum).

1 Answer | Asked in Criminal Law for New York on
Q: First time ever getting into trouble it's a petty larceny charge. What will happen when i go to court?
Michael D. Litman
Michael D. Litman answered on Dec 14, 2017

Your attorney will likely be able to get the charge reduced, but it may depend on the value of the item that you are accused of taking. You should contact an attorney directly to discuss the specifics of your case.

1 Answer | Asked in Criminal Law for New York on
Q: What to do when ticketed for possession of marijuana in New York City?

Hello. If one received a ticket for possession of a small amount of marijuana in New York City, should they try to fight the case? What would happen if you pleaded guilty?

Michael D. Litman
Michael D. Litman answered on Nov 28, 2017

If you have no prior record, you may be eligible for an Adjournment in Contemplation of Dismissal (ACD). In which the case gets adjourned for one year, and if you stay out of trouble for that year, the case will be dismissed and sealed. So go to court, preferably with an attorney, and try to get... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and DUI / DWI for New York on
Q: was on probation for a dwi got arrested for a domestic criminal mistif in 4th degree so that violated my probation
Michael D. Litman
Michael D. Litman answered on Nov 16, 2017

Any new arrest can violate probation, regardless of the outcome of the case.

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