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Michael Charles Cimasi

Michael Charles Cimasi

Cimasi Law Office
  • Criminal Law, DUI & DWI, Traffic Tickets
  • New York
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Summary

My practice pattern at the Cimasi Law Office is focused on DWI, criminal defense, and traffic matters (e.g. speeding, mechanical violations, unlicensed operation, etc.) in courts across Western New York. I also represent clients on parole violations and landlord-tenant matters. I am a highly meticulous and diligent practitioner who seeks to provide dedicated service to each client, regardless how big or small the matter. I am always available by phone, and there is no fee for initial consultations.

I also teach courses in sociology and legal studies to undergraduates at the University at Buffalo ("UB") and Buffalo State College. After years of direct involvement as the Director of the UB legal aid office, I still routinely assist and counsel both domestic and international on legal issues.

My recent service work has included pro-bono legal services through the Volunteers Lawyers Project, tutoring elementary school students through the Lawyers-for-Learning Program, serving on the Zoning Board or Appeals for the Town of Amherst, New York, serving on the Alumni Board of Governors for Canisius High School, and serving as School Board Secretary for, St. Benedict School.

Practice Areas
  • Criminal Law
  • DUI & DWI
  • Traffic Tickets
Fees
  • Free Consultation
    Initial consultations can be telephonic or in-person, and normally last thirty (30) to (60) minutes.
  • Credit Cards Accepted
    All major cards accepted.
Jurisdictions Admitted to Practice
New York
Languages
  • English: Spoken, Written
Professional Experience
Attorney / Founder
Cimasi Law Office
- Current
Focusing his private practice on DWI and criminal defense, Mr. Cimasi is admitted to practice law in New York State and the Federal District Court for the Western District of New York. He is a conscientious practitioner focused on obtaining the best outcome for each individual client, thus building and maintaining client relationships. He is personally available for contact at any time, and always will provide free consultations to prospective or returning clients. Past his practice of law, Mr. Cimasi is also an adjunct instructor at the University at Buffalo and Buffalo State College, a member of the St. Benedict School Board and the Canisius High School Alumni Board of Governors, as well as as well as a recent member of the Zoning Board of Appeals in the Town of Amherst. He also performs routine pro bono service in the areas of criminal and landlord-tenant law.
Member
Zoning Board of Appeals - Town of Amherst, New York
-
Director
SBI Legal Assistance - SUNY at Buffalo
-
Non-profit, legal aid office for SUNY Buffalo students on campus.
Judicial Clerk-Intern
U.S. Immigration Court - Buffalo, New York
-
Education
State University of New York - Buffalo
J.D. (2013)
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Awards
Pro Bono Award
Erie County Bar Association Volunteer Lawyers Project
Award for Pro Bono service in Buffalo City Housing Court.
Professional Associations
St. Thomas More Guild
Member
- Current
Activities: Western New York Catholic Lawyer's Association
New York State Defender's Association
Member
- Current
Erie County Bar Association Volunteer Lawyers Project
Attorney of the Morning Volunteer
- Current
Activities: Pro bono tenant representation in Buffalo City Court.
New York State Bar Association
Member
- Current
American Bar Association
Member
- Current
Erie County Bar Association
Member
- Current
Publications
Articles & Publications
The Rumors of the Death of Private Practice are Greatly Exaggerated
WNY Physician Magazine
Know Your Rights - Employment Contracts
SBI Legal Assistance & UB Career Services Office
Speaking Engagements
Stark Law & Anti-Kickback Primer, UB Medical School Management & Legal Education Programming, UB Medical School
Cynergy Consulting Services, Inc.
Medical Practice Integration - Who Gets to Decide?, Upstate New York Physician Conference, Rochester, New York
Cynergy Consulting Services, Inc.
Presented on opportunities and legal issues in multi-practice merger integrations.
Certifications
Notary Public - New York State (Qualified in Erie County)
New York State - Department of State
Websites & Blogs
Website
Cimasi Law Office
Legal Answers
8 Questions Answered

Q. If I've been accused of fraud, will "turning myself in" lessen my punishment or should I keep my mouth shut?
A: 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
A: 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
A: 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
A: 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?
A: 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 to a DWI Attorney in your area.
Q. What happens if a cab driver is pulled over for drunk driving?
A: 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
A: 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 reading, etc.), the Prosecutor uses the tests to add to the weight of the People’s case. Also, not all tests are approved by the National Traffic Safety Advisory Board, which goes potentially to admissibility and the weight that the evidence should be given by the finder-of-fact. You should speak with an attorney about the best defense to the specific facts of your DWI scenario. There is no one-size-fits-all answer.
Q. If I'm pulled over by a cop, am I legally required to submit to a field sobriety test?
A: 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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Contact & Map
Cimasi Law Office
66 Park Circle
Amherst, NY 14226
USA
Telephone: (716) 560-1171
Fax: (716) 833-6208