Questions Answered by Michael Charles Cimasi

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.
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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.

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