Wednesday, January 30, 2013


  1. Will I have trouble becoming a licensed physical therapist with one DUI on my record from when i was 21?

    Answered 2 days ago.
    1. Christine C McCall
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    3. Joseph A Lo Piccolo
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    5. Michael J Palumbo
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    7. Eric Edward Rothstein
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    9. Frank Mascagni III
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    11. ···
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    6 attorney answers
    First make sure you were convicted of a crime and not the traffic violation of driving while ability impaired by alcohol [VTL 1192(1)]. If it is a criminal conviction, ask your attorney to apply for a Certificate of Relief from Civil Disabilities from the judge. This certificate does not expunge your criminal record but it prevents the state from summarily denying you a license and entitles you to a hearing if the state tries to deny you a license based on the conviction. Also, due to changes...
  2. Does my criminal record from California show up in New York?

    Answered 2 days ago.
    1. Howard A. Schwartz
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    3. Joseph A Lo Piccolo
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    5. Eric Edward Rothstein
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    7. Michael Steven Pollok
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    4 attorney answers
    If you concerned about a conviction that should have been sealed or expunged showing up on your New York criminal history, my advice is to contact the NYS Division of Criminal Justice Services and request your criminal history. You may order your NYS criminal history by following these instructions: http://www.criminaljustice.ny.gov/ojis/recordreview.htm
  3. HOW LONG DOES IT TAKE FOR A FELONY TO BE WIPED OFF YOUR NAME?

    Answered 2 days ago.
    1. Eric Edward Rothstein
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    3. Joseph A Lo Piccolo
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    5. Richard C. Southard
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    7. Ronald Steven Nir
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    9. Michael Steven Pollok
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    5 attorney answers
    I agree that the conviction is permanent unless you can get it vacated on appeal or post-conviction motion. A conviction becomes final ninety (90) days (time to seek certiorari from the US Supreme Court) from the date that leave to appeal the order of the Appellate Division to the Court of Appeals was denied. However, you may effectively extent this time by filing an Article 440 motion. It sounds like you might have a "Padilla" claim if your attorney and/or the court that took your plea...
  4. 1st time shoplifting & got Arrested. I have questions to defend myself. I cannot afford an attorney. Please help!!!!!!!!!

    Answered 29 days ago.
    1. Jeffrey Bruce Gold
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    3. Richard Caro Roxin
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    5. Michael Steven Pollok
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    3 attorney answers
    I agree with Richard, relax; it is very unlikely you will go to jail on a first offense shop lift. When you go to court inform the judge that you cannot afford an attorney and request a public defender. You will be given an opportunity to qualify for free legal services. The judge may give you a questionnaire to fill out right in court or he may adjourn the case for you to go to the public defender which is contracted to the Legal Aid Society in Nassau County (http://www.nclas.org) to see if...
  5. I think i have a bench warrant for not paying a fine on a violation i live in another state but i am going to clear this up?

    Answered over 1 year ago.
    1. Richard C. Southard
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    3. James Hal Medows
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    5. Eric Edward Rothstein
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    7. Michael Steven Pollok
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    4 attorney answers
    A warrant can only be cleared/vacated by a defendant's appearance before a judge. The defendant must go to the central clerk's office in the county where his/her case is being heard. The defendant must have the following information: full name and date of birth, or date of arrest, or docket number. NYSOCA
  6. 13 year old girl lives in England she is American born she's being abused by mother and she wants to come home

    Answered over 1 year ago.
    1. Mary Katherine Brown
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    3. Michael Steven Pollok
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    2 attorney answers
    It sounds like you need a British solicitor who specializes in family law rather than an American lawyer. If she is being physically or sexually abused you should call the police.
  7. I had a copy of a colleagues ID but with my picture

    Answered over 1 year ago.
    1. Richard C. Southard
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    3. Michael Steven Pollok
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    5. Eric Edward Rothstein
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    3 attorney answers
    You do not state your immigration status and I assume you have overstayed. I agree with the other attorney; this could be a serious problem for you if you wish to stay in the country. Generally, local law enforcement does not report arrests of out of status aliens to DHS and obviously no detainer was filed or you would not have been able to ask this question. However, do not underestimate the problem just because it is a misdemeanor. I have seen clients run into immigration problems even if...
  8. My neighbor has been bragging that he has not paid his property or school taxes in three years.

    Answered over 1 year ago.
    1. Michael Steven Pollok
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    3. Joseph Allen Bollhofer
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    5. Steven J. Fromm
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    7. Henry Daniel Lively
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    4 attorney answers
    My advice is to worry about your own tax situation. You can file a grievance every May with the tax assessor in your town to try and get your tax liability reduced. Get an appraisal of your home and then go to the tax webpage of your county to find out what your neighbors are paying based upon their assessed home values. If your county does not have a webpage with this info, it is maintained in the clerk's office or you can ask your assessor for the comps in your neighborhood. If your taxes are...
  9. A 17 year old gets caught with a pair of earrings at Kmart in the bronx. She is a first time offender.

    Answered over 1 year ago.
    1. Michael Steven Pollok
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    3. Richard C. Southard
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    5. Eric Edward Rothstein
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    7. James Hal Medows
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    4 attorney answers
    Under NY law retailers who are victims of shoplifting are entitled to damages even if they do not lose the items shoplifted. Usually the damages are about three times the value of the item(s) shoplifted. I would not pay any money until the case is heard in court and you can write to the retailer and ask them for an extension of time to pay. When she goes to court, she should ask the legal aid lawyer assigned to her case to ask for an ACD (adjournment in contemplation of dismissal). If the...
  10. Added charges 9 months later

    Answered over 3 years ago.
    1. Michael Steven Pollok
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    1 attorney answer
    The weapon charge could be many things, including a new or old allegation that may have been recently filed, a mistake or there may have been conditions related to his plea that you are unaware. He needs a good criminal defense lawyer in your area to speak to prior counsel, take a careful look at his history and the court file. Call the local county bar association and ask for a list of criminal defense lawyers and then interview them.

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