Claimed Lawyer ProfileQ&A
- Criminal Law
- DUI & DWI
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Eastern District of New York
- New York
- Southern District of New York
- English: Spoken, Written
- Associate Attorney
- Law Office of Michael H. Joseph
- Staff Attorney
- Nassau County Legal Aid Society
- Albany Law School
- 10 Best
- American Institute of Criminal Law Attorneys
- Top 40 Under 40
- The National Trial Lawyers
- National College of DUI Defense
- General Member
- - Current
- Westchester County Bar Association
- - Current
- New York State Bar Association
- - Current
Websites & Blogs
- Law Office of Michael D. Litman, PLLC - Official Website
30 Questions Answered
- Q. What if a detective denied me a lawyer? could my case be thrown out? criminal possession of a controlled substance
- A: You need an attorney to fully review the facts of the case. It may be possible to have evidence suppressed if procedures were not followed properly , or if there was no basis for the stop. No attorney in this forum is going to be able to say if it can be thrown out without a full review. If you don't have an attorney yet, get one as soon as possible.
- Q. Get rid of misdemeanor on record in New York State...?
- A: Unfortunately, it does not matter where you move to, the NY record can't be expunged. However, it may be able to be sealed after 10 years, but that does nothing for you over the next 7 years.
- Q. 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?
- A: If this is your first offense, it is not likely that you will be facing jail time, and probably not even probation. It is possible that the charge will be reduced to a non-criminal offense. You should hire an attorney to discuss the specifics of the case with, so you know exactly what you are facing. Good luck.
- Q. What do I do about a dui conviction
- A: 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 since your sentence is finished, you may be able to seal the conviction, but NY does not expunge criminal records. Speak to a local attorney to see if you qualify for sealing if it has been 10 years.
- Q. If you have a order of protection can you be infront the person house
- A: If there is an order of protection, ordering you to stay away from a particular person, you should not go in front of that protected-person's house. That may be considered a violation of the order of protection.
- Q. Can I drop domestic violence charges on my 16yr old son. He was asked to go live with his dad multiple times and refused
- A: You can't "drop" the charges, but you can relate your wishes to the prosecutor, for the prosecutor to consider in determining what to do. You can also refuse to participate in the prosecution. Speak to your son's attorney to get some direction from him or her.
- Q. What would the consequences be if I refused a Breathalyzer?
- A: 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 used against you at trial as consciousness of guilt. There are other issues specific to the facts of the case. If you have a pending case, you should speak to your attorney about how a refusal effects your case.
- Q. I was arrested in 2004 and never got a disposición how can I get one after so long and is it even possible??
- A: I'm not sure I fully understand your question, but you can go to the clerk's office of the court that the case was in to find out what happened. You should also be able to get a certificate of disposition from the court if the case was finished. If you are talking about a warrant, where you did not show up to court when you were supposed to, then you need to hire an attorney to vacate the warrant and try to finish the case.
- Q. If you made a plea bargain with Attorney and DA can a potential Probation Officer over rule plea bargain?
- A: Probation officers can make recommendations, but they don't overrule the judge. You should speak to your attorney directly about this to see how your judge handles the recommendations of the probation officer in the pre-sentencing report. If the probation officer writes in the report that she does not think that you are a good candidate for probation, and recommends jail instead, the judge can consider that. Speaking to your attorney will be the best way for you to find out information about your specific case. Good luck!
Contact & Map