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Questions Answered by Michael D. Litman
1 Answer | Asked in Criminal Law for New York on
Q: i live in ny state i was sentenced to 3 yrs probation and a fine i am being resentenced to 30 days in jail.

the fine and probation will no longer apply right?

Michael D. Litman
Michael D. Litman answered on Nov 13, 2017

It sounds like you had a violation of probation, so you are being re-sentenced to 30 days jail. If that is the case, then there will not be any more probation. However, the fines and surcharges will still need to be paid.

1 Answer | Asked in DUI / DWI for New York on
Q: What should I do to get the smallest penalty for my first DUI?
Michael D. Litman
Michael D. Litman answered on Nov 3, 2017

Hire an attorney that knows how to handle DWI cases. Then discuss the details of the case with that attorney so he or she can advise you about the possibility of a reduction of the charge, or if it may be a good case to take to trial to try for an acquittal.

2 Answers | Asked in Criminal Law for New York on
Q: What is termination of the criminal action in favor of the accused and pursuant to section 160.60 cpl and cpl 160.50

I was charged with 2 felonies and then got this on my certificate of disposition. I dont understand what this means

Michael D. Litman
Michael D. Litman answered on Jul 6, 2017

If that applies to all of the charges, then your case was dismissed and sealed.

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1 Answer | Asked in DUI / DWI for New York on
Q: Can my employer fire me if I get a DUI? I was on medication that made me sleepy - how do I fight this?
Michael D. Litman
Michael D. Litman answered on May 26, 2017

Depending on your work situation, your employer may be able to fire you for getting charged with a crime, and DWI is a crime. You need to fight your case to try to get the best possible disposition, so you don't have a criminal record.

2 Answers | Asked in Criminal Law for New York on
Q: If I report that someone has a gun. The police make the arrest because he has the gun, do I know have to go to court?
Michael D. Litman
Michael D. Litman answered on May 24, 2017

You may need to go to court if the case goes to hearings or trial. However, if a plea bargain is worked out ahead of that, you probably will not need to go to court.

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1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New York on
Q: i got stopped by a cop and i had weed and a taser on me i was 17 when it happened and i since turned 18 what should i do

i was in a park doing nothing and a cop came up to me and started going through my bag where he found a small amount of weed in a grinder and a taser they didn't arrest me what should i expect for a sentencing or punishment and can i plea the 4th if i was sitting on a park bench in the middle of... Read more »

Michael D. Litman
Michael D. Litman answered on May 23, 2017

You need to hire a lawyer to go over all of the facts of the case with you to determine if you might be able to suppress evidence if the search wasn't done properly. It is impossible for anyone to say in this forum, and you shouldn't post details here since this is open to the public. The possible... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: if someone was charged in the past for dv how long will they do in jail this time?

the report was not true and i did not want to press charges or anything and they still arrested him...how can i go about dropping the charges..do i have to show up at the court apperance to get the charges dropped?

Michael D. Litman
Michael D. Litman answered on May 9, 2017

If you want the charges to be dropped, do not participate in his prosecution. Contact the DA's office, and tell them that you do not want him to be prosecuted. You can also reach out to his attorney to get advice from him on the best way to end the case quickly.

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1 Answer | Asked in Criminal Law for New York on
Q: So I've been arrested for prostitution in New York State. What's the worst case scenario, I could get punishment wise?
Michael D. Litman
Michael D. Litman answered on Apr 25, 2017

A prostitution charge in NY is a B misdemeanor, which means that it is punishable by up to 90 days in jail or 1 year probation. However, if this is your first offense, it is unlikely that you will get either. If you have no prior offenses, an attorney should be able to get the charge reduced to a... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: is it mandatory to be read your rights during all arrests
Michael D. Litman
Michael D. Litman answered on Apr 17, 2017

No, you only need to be read your rights if there is going to be a custodial interrogation. If the police aren't asking you any questions once you are in custody, then they do not need to read you your rights. That is the simple version, it gets a little more subjective then that, but you will need... Read more »

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1 Answer | Asked in DUI / DWI for New York on
Q: Why am I considered guilty for a DUI with no breathalyser did blood work no results for 2 weeks... I had to pay $$$

Why am I guilty until proven innocent

Michael D. Litman
Michael D. Litman answered on Apr 12, 2017

The system might seem like you are guilty until proven innocent, but that is not the way it is supposed to work. The police are likely saying that they saw evidence of intoxication or impairment. It is unfortunate that you had to spend money, but if a blood test was taken, and you don't have any... Read more »

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