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Questions Answered by Michael D. Litman
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... View 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... View 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... View 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.

1 Answer | Asked in DUI / DWI for New York on
Q: Should I answer yes or no to this question

Have you been found guilty after trial, or pleaded guilty, no contest or nolo contendere to a crime (felony or misdemeanor) in any court?

in 2007 i was arrested and charged with DWI in NY and dropped to DWAI

Michael D. Litman
Michael D. Litman
answered on Nov 14, 2017

If the charge was reduced to a DWAI violation (VTL section 1192.1), that is not a criminal conviction. So if you plead guilty to the violation, you can answer no to that question.

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... View 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... View 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... View 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... View 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... View More

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