Questions Answered by Michael Charles Cimasi

Q: Do people convicted of white collar crimes (in NY) go to jail?

1 Answer | Asked in White Collar Crime for New York on
Answered on Aug 3, 2018
Michael Charles Cimasi's answer
It wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer sooner than later.

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?

2 Answers | Asked in Criminal Law for New York on
Answered on Jul 26, 2018
Michael Charles Cimasi's answer
Being given an appearance ticket is not any indication of an outcome or sentence from the criminal charges. You should obtain an attorney prior to your first appearance. An offer to an ACD is dependent on your criminal record (if any), the DA’s policy in that jurisdiction, and the specific facts surrounding your case.

Q: If I was charged with a DWI 6 years ago as a minor and it is sealed, do I still need to install an ignition interlock?

1 Answer | Asked in DUI / DWI for New York on
Answered on Jul 23, 2018
Michael Charles Cimasi's answer
It really depends what your licensure status has been for the past six years. In order to get any useful answer, you are going to need to speak with an attorney after he or she has reviewed your paperwork and licensure status. If an interlock period is required, no appeal will be meritorious. Speak to your attorney about this.

Q: Can the cops legally search your car in a DUI stop?

1 Answer | Asked in DUI / DWI for New York on
Answered on Jul 13, 2018
Michael Charles Cimasi's answer
At a DWI stop, most jurisdictions have the defendant’s vehicle towed or impounded. Police will often perform searches and claim they are for “inventory” purposes (so no one can claim items were lost/stolen at impound), or for “officer safety” (to ensure no weapons or dangerous materials are in the vehicle). Also, if probable cause for another crime presents (e.g. smell of marijuana), police may execute a search for the drugs. All of these searches are controlled by the Fourth...

Q: Hi, How can i get my criminal record expunge? i been arrested before but never been convicted or found guilty.

1 Answer | Asked in Criminal Law for New York on
Answered on Jul 12, 2018
Michael Charles Cimasi's answer
If you were not convicted, or the charges were dismissed, it would be sealed. It should not be searchable in public records, except for the Courts and Police for official purposes.

Q: making payments on some bad checks and i missed some payments now he is saying he will go criminal charges , can he

1 Answer | Asked in Criminal Law for New York on
Answered on Jul 11, 2018
Michael Charles Cimasi's answer
If you wrote bad checks, that could be prosecuted at least as a B-misdemeanor under the New York Penal Law. You should contact an attorney soon if you believe a complaint will be filed.

Q: On July 8, 2018 at 10:49pm, I got a ticket in New State I-87.

3 Answers | Asked in Traffic Tickets for New York on
Answered on Jul 11, 2018
Michael Charles Cimasi's answer
You should contact an attorney. If you do not have any prior speeding tickets within 18 months, it very likely can be reduced to a non-moving violation and your appearance can be waived.

Q: Should I pay the civil demand letter of $500? when I already paid the full $250 worth of item I stole. Will I get sued

1 Answer | Asked in Civil Rights and Criminal Law for New York on
Answered on Jul 4, 2018
Michael Charles Cimasi's answer
You should always consult with your criminal attorney on a matter such as this, but in general, no you shouldn't pay it prior to the adjudication of the criminal matter. If the Court orders restitution, that must be paid. In my experience, 3rd party debt firms send out these civil demand letters, but it is very unlikely that they will initiate actual litigation to seek such a small amount of funds. It would not be worth the time or the filing fee. However, it is worth the price of a stamp...

Q: What is the subject matter for vehicle and traffic laws?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Jul 1, 2018
Michael Charles Cimasi's answer
Moving violations and mechanical violations regarding motor vehicles on public highways.

Q: Do police have the right to pull someone over for bogus traffic violations?

2 Answers | Asked in Traffic Tickets for New York on
Answered on Jul 1, 2018
Michael Charles Cimasi's answer
Under NYS law, police are authorized to stop a vehicle with reason too believe they have committed any traffic infraction...no matter how minor (e.g. brake light out, swerve, etc). Very often if late at night, these stops are pretrxtuak whereby the officers are really ferreting out drunk driving. Officers can only make stops for traffic infractions surging their bailiwicks (town/village for local police, county for sheriffs, state for NYS officers unless their jurisdiction is limited such as...

Q: If I've been accused of fraud, will "turning myself in" lessen my punishment or should I keep my mouth shut?

1 Answer | Asked in White Collar Crime for New York on
Answered on May 24, 2018
Michael Charles Cimasi's answer
You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.

Q: does a New York notice form 710.30 always have a time printed beside "Time of test" in section 6. Chemical Test Info

1 Answer | Asked in DUI / DWI for New York on
Answered on May 20, 2018
Michael Charles Cimasi's answer
It is likely the time that you refused the chemical test (breathslyzer, urine test, or blood test).

Q: Let's say I grabbed a gun from another person and used it for self defense, and there was justification. Is that illegal

1 Answer | Asked in Criminal Law for New York on
Answered on Apr 25, 2018
Michael Charles Cimasi's answer
The scenario you describe may constitute an Affirmative Defense to certain penal law charges that could stem from your injury of the other person with the gun. You should retain competent counsel to discuss this immediately. If you haven’t been charged yet, the investigation phase can be very important, and you should have legal guidance when/if speaking to the police.

Q: Do I have to show up to court for DWI charge if I hire an attorney

2 Answers | Asked in DUI / DWI for New York on
Answered on Apr 20, 2018
Michael Charles Cimasi's answer
Your appearance could be waived for certain parts of the case, but you would need to be present for the final disposition, whether trial or plea. Much of the court’s requirements can be fulfilled in your home state as well (e.g. alcohol dependency assessment). You should contact an experienced DWI Attorney sooner rather than later to begin this discussion with the Court.

Q: Do you have to go to rehab if you get a DUI?

1 Answer | Asked in DUI / DWI for New York on
Answered on Apr 12, 2018
Michael Charles Cimasi's answer
An OASAS (Office of Alcohol & Substance Abuse Services) assessment is required through a DMV certified provider, and the judge may mandate the Drinking Driver Program. If the OASAS determines some type of counseling is required, a judge may mandate that care as part of a conditional discharge. There are many permutations of counseling and clinical intervention that can stem from a DWI conviction, but “rehab”, as in in-patient, is not strictly required under any statute. You should speak...

Q: What happens if a cab driver is pulled over for drunk driving?

1 Answer | Asked in DUI / DWI for New York on
Answered on Mar 30, 2018
Michael Charles Cimasi's answer
To drive a taxi/livery in NY, the DMV requires an A, B CDL, C CDL, or E license. An alcohol-related driving conviction will prevent you from holding these types of license for a longer period of time and no conditional licenses are available under these license categories.

Q: If I had To do the dui 9 step heel-toe test and I failed how do the officers know Im dui or if I have bad balance

1 Answer | Asked in DUI / DWI for New York on
Answered on Mar 28, 2018
Michael Charles Cimasi's answer
The field sobriety tests should not be able to individually prove beyond a reasonable doubt that a person is intoxicated, because other explanations can be reasonably posited for all of the behaviors the tests ascribe to intoxication. And that is normally how a defense attorney cross examines the arresting officer on the field tests. In their totality, however, along with other indicia of intoxication (e.g. smell of alcohol, erratic driving, admissions, time/location of the stop, breathalyzer...

Q: If I'm pulled over by a cop, am I legally required to submit to a field sobriety test?

2 Answers | Asked in DUI / DWI for New York on
Answered on Mar 13, 2018
Michael Charles Cimasi's answer
No. You can decline. The prosecution will construe the refusal against you, but they will not have the test results to use as evidence.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.