Richard Hochhauser Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2021

Unfortunately, you are in a similar situation as hundreds of individuals, as nearly all cases since the beginning of COVID have yet to be arraigned. While the statutory speedy trial time has not begin to run under CPL 30.30, there is also a constitutional right to speedy trial. Having said that,... View More

What class are you doing this for and where.

It depends what the bench warrant is connected to and whether extradition has been approved. Why not retain NY counsel to clear the bench warrant and try working out a deal. That’s much better than letting a warrant sit out there forever.

If you were walking and were asked to blow for being intoxicated its different than driving.

Suspended License: Refusing a breathalyzer or chemical test in New York State can result in a 1-year license suspension. ... Civil Fine: Drivers face a fine of $500 for refusing to take a... View More

You could be charged with vehicular homicide and, if you had alcohol over the limit, you could also be charged with Aggravated DWI. You need to see a lawyer right away.

Michael J Stachowski Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2020

The worst case is a Misdemeanor criminal conviction,a loss of license ,a 6 Month revocation and a jail term. That is if you haven't had a prior DWI Under those facts ,it would be a felony which is hard to overcome and could mean Jail of 1-4 years and a thousand dollar fine. However with a... View More

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

More information is needed.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications or losses. Good luck.

I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years... View More

You are entitled to a copy of your paperwork, whether you are a pro se defendant or if you are represented by an attorney.

What county is the Felony DWI pending? It is quite likely that will be extradited on a pending felony charge.

You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner... View More

If you were already sentenced on the DWAI, that can not be vacated by the court. You could however be sentenced up to 15 days in jail because of an alleged violation of your conditional discharge. What county is this case in? Consider hiring a lawyer to try and keep you out of jail.

If you refuse to take a chemical test (breath, blood or urine), the DMV can revoke your license for one year. During that one year time period, you will not be able to get a conditional license unless you plea guilty or are found guilty of a DWI related offense. Additionally, your refusal may be... View More

If you have already plead guilty and have been sentenced, the matter is done. If the sentence was more than 10 years ago and you meet other criteria, you may be eligible to have this matter sealed pursuant to CPL 160.59.

Make sure you take care of the suspension in Canada, because you may remain suspended in NY indefinitely as long as the suspension in Canada is open.

If your case goes to hearings or trial the arresting officer will almost certainly testify. I hope this helps. Good luck

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.... View More

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... View More

Jonathan Rosenberg Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2018

No lawyer - no matter how much they want your money - can tell you the likelihood of jail on a criminal case, with the exception of some especially serious felony charges that appear to be supported by strong evidence. So, for example, a lawyer could guarantee a high likelihood of jail time in the... View More