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Questions Answered by Michael Charles Cimasi

1 Answer | Asked in White Collar Crime for New York on

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

Michael Charles Cimasi answered on Aug 3, 2018

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... Read more »

2 Answers | Asked in Criminal Law for New York on

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?

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 report or anything im really scared this... Read more »

Michael Charles Cimasi answered on Jul 26, 2018

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... Read more »

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1 Answer | Asked in DUI / DWI for New York on

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?

I have not had my license for 6 years now because of this. I am a college graduate and just got my first job under my degree in the medical field. My permit states that I need an ignition interlock in my car while driving for 6 months. How is this possible when my accident was 6 years ago. What can... Read more »

Michael Charles Cimasi answered on Jul 23, 2018

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.... Read more »

1 Answer | Asked in DUI / DWI for New York on

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

Michael Charles Cimasi answered on Jul 13, 2018

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... Read more »

1 Answer | Asked in Criminal Law for New York on

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

i have a seal letter from each cases but i want to make sure no one can see it.

Michael Charles Cimasi answered on Jul 12, 2018

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.

1 Answer | Asked in Criminal Law for New York on

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

this is over one year ago that these checks were given. in NYC.

Michael Charles Cimasi answered on Jul 11, 2018

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.

3 Answers | Asked in Traffic Tickets for New York on

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

On July 8, 2018 at 10:49pm, I got a ticket in New York State on I-87 highway when I was driving back to Massachusetts from Canada after a short trip. I didn't realize there is a law about moving to left lane when a cop car is parking and flashing on the right shoulder. I was driving on the right... Read more »

Michael Charles Cimasi answered on Jul 11, 2018

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.

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1 Answer | Asked in Civil Rights and Criminal Law for New York on

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

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?

I got caught by lp shoplifting I just wanted to know If I dont pay the civil demand letter will I get sued now I got a paycheck from the store with the amount I paid for... Read more »

Michael Charles Cimasi answered on Jul 4, 2018

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,... Read more »

1 Answer | Asked in Traffic Tickets for New York on

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

Michael Charles Cimasi answered on Jul 1, 2018

Moving violations and mechanical violations regarding motor vehicles on public highways.

2 Answers | Asked in Traffic Tickets for New York on

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

Michael Charles Cimasi answered on Jul 1, 2018

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.... Read more »

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1 Answer | Asked in White Collar Crime for New York on

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

Michael Charles Cimasi answered on May 24, 2018

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.

1 Answer | Asked in DUI / DWI for New York on

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

a chemical test was never given but a time is still printed

Michael Charles Cimasi answered on May 20, 2018

It is likely the time that you refused the chemical test (breathslyzer, urine test, or blood test).

1 Answer | Asked in Criminal Law for New York on

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

Could I be charged with possession of a weapon?

Michael Charles Cimasi answered on Apr 25, 2018

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... Read more »

2 Answers | Asked in DUI / DWI for New York on

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

I was pulled over for drunk driving while visiting family in Buffalo, NY. But I live in California. If I hire an attorney do I have to show up to court in person or can the lawyer handle this all for me over the phone?

Michael Charles Cimasi answered on Apr 20, 2018

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... Read more »

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1 Answer | Asked in DUI / DWI for New York on

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

Michael Charles Cimasi answered on Apr 12, 2018

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.... Read more »

1 Answer | Asked in DUI / DWI for New York on

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

Michael Charles Cimasi answered on Mar 30, 2018

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.

1 Answer | Asked in DUI / DWI for New York on

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

Just curious because no one is perfect and no one has perfect balance, and for someone who is injured or has had a injury and just doesn’t do good them they get arrested for nothing?

Michael Charles Cimasi answered on Mar 28, 2018

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... 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 Charles Cimasi answered on Mar 13, 2018

No. You can decline. The prosecution will construe the refusal against you, but they will not have the test results to use as evidence.

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