HOW CAN I GET MY CRIMINAL RECORD SEALED…IT’S AFFECTING MY LIFE
We all know that having a criminal record can be devastating to one’s life in so many different ways. A record of a crime can affect one’s ability to get a job, obtain housing, receive financial aid and has many other negative consequences. For so long, a person was stuck with a criminal record for LIFE.
However, in 2017, New York passed Criminal Procedure Law 160.59 which allows for certain criminal records to be sealed if a person meets the criteria laid out in that section. Thankfully, a person no longer has to suffer for their entire lives due to a mistake he/she made at one point in his/her life.
So how does this law work? CPL 160.59 works this way:
If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed. An application to the Court must be made to have those records sealed. If the court approves your application, your criminal convictions can only be seen by qualified agencies and federal, state and local law enforcement.
So what does this mean practically speaking? It means that the VAST majority of people CANNOT see those convictions. In other words, your chances of finding suitable employment, housing, financial aid, etc… have just increased dramatically. For many, the nightmare of living with the stigma of a criminal conviction may be over.
Please note that sex offenses, violent felonies and serious felonies are not eligible for sealing.
WHO IS ELIGIBLE
You are eligible if:
• You have been crime-free for at least 10 years since your conviction and/or release, AND
• You have 2 convictions or less on your criminal record. This means no more than two misdemeanor convictions OR one felony and one misdemeanor conviction.
The ten year period starts from the date of conviction or release from prison, whichever is later.
You cannot have had any new criminal convictions or have a current criminal case pending.
Courts have the discretion to seal up to two convictions, only one of which may be a felony.
If you have more than 2 convictions, you may still be eligible if your convictions are related to the same one or two incidents. For example, if you were charged and convicted of multiple crimes during one incident, the court may decide to treat the multiple convictions as one conviction.
HOW TO APPLY
The sealing of these records is not automatic. You need to do paperwork and apply to the court.
1. Request a criminal Certificate of Disposition for CPL 160.59 Sealing Application from the court.
• Complete a separate request for each case you will be asking the court to seal.
• Bring the completed form to the court.
• There is a fee of $5 for courts located outside of NYC and a $10 fee for courts located within the 5 boros of NYC.
2. After you get your Certificate of disposition from the court, complete the sealing application. This is known as a Notice of Motion and Affidavit in Support).
• Sign this form in front of a notary public.
• Important! You should attach any evidence you have of proof of rehabilitation, like a certificate of relief from civil disabilities, verification of employment, community service, volunteer or charity work, educational transcripts, letters of recommendation or commendation from employers, teachers/professors, community leaders, charitable organizations, certificates of successful completion of a drug or alcohol treatment program, etc…
3. The District Attorney must be notified about your application. A copy of your motion papers must be served on the DA’s office.
WHAT TO DO AFTER GETTING A SEALING ORDER
If your sealing application is approved, you will get a court signed Seal Order. One should follow up and verify that the sealing has taken place.
MISCELLANEOUS
The legal system can be a very confusing place. When it comes to making motions to the court, if papers aren’t filed correctly or they’re filed late, this may lead to a denial of your request. That’s why it is often advisable to hire a knowledgeable attorney. That can be the difference between getting your life back or being stuck in the nightmare of a criminal conviction.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
STAY AT HOME ORDERS
This is not intended to be a political statement of any kind. COVID19 has devastated the entire world. As a New Yorker, I live in the epicenter of this pandemic. I think we can all agree that even one lost life is too many but as New Yorkers, we know the death toll in our state is astronomically higher than everywhere else. To compound the problem, Governor Cuomo is threatening fines as high as $1,000 for anyone caught not following social distancing rules.
Everyone seems to have a different opinion on the effectiveness of social distancing in the way that it’s being implemented. There are some who believe that social distancing is the magic bullet that will make everything better. But there are some virtually undisputed facts that seem to undermine the efficacy of social distancing. First, it’s unclear whether masks actually protect anyone fro contracting COVID19. Second, the social distancing rules are not being uniformly implemented. So you’re not allowed to go to places of worship, but Home Depot is somehow an “essential” business. The decision to allow some businesses to open while others are forced to remain closed is not only arbitrary and capricious but is demonstrative of how illogical and poorly thought out the social distancing “plan” really is. Today is May 21, 2020. New York has been shut down for almost 9 weeks. As I said above, even one lost life is a tragedy. But for those of us that are otherwise healthy, there won’t be much of a life to get back to when this pandemic is over. And Cuomo doesn’t really seem to care that you lost your job, your income, the business that may have taken years of your life, blood, sweat and tears to build, the home where you formed your cherished memories in or the fact that you will no longer be able to retire because of the financial hit.
What the governor is doing is illogical, unfair, immoral and is being presented under the guise of wanting to help New Yorkers. In my opinion, he’s a bully and needs to be put in his place.
If you or someone you know is arrested for violating a stay at home order, feel free to contact me at the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
LOSING YOUR FIREARMS IN A DOMESTIC VIOLENCE CASE
Even with the new bail reforms that were enacted January 1, 2020, Judges are still issuing orders of protection against men and women who are falsely accused of domestic violence crimes. As a condition of bail, the accused is required to surrender his or her guns. There is obviously an inherent unfairness in this since there hasn’t been any conviction yet.
The accused should be saying, “wait, I am not only innocent but they shouldn’t just be able to take away my guns because someone accused me of a crime. I haven’t been convicted of anything and I intend to fight these baseless charges.”
When you find yourself in this situation, you’re correct to conclude that this is an inherently unfair predicament. At the point at which judges order you to surrender your firearms, you haven’t been convicted of anything. This goes against the foundation of the American Criminal Justice system which is the presumption of innocence, the idea that you are innocent until proven guilty.
If you find yourself in an unfortunate situation like this, the best thing to do is to hire a qualified attorney to represent you and to fight for your rights. Do not let the system simply take advantage of you.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
PATRONIZING A PROSTITUTE
You should know that you have rights when it comes to any criminal case and cases involving patronizing a prostitute are no different. Quite often,
these cases involve an undercover police officer posing as a sex worker.
What you may not about these type of cases is critical. First, if the person you’re alleged to have patronized was under a certain age at the time of the offense, a conviction to that charge or an attempt to commit that charge may require that the offender register as a sex offender under the SORA “Sex Offender Registry Act.” And that registration is for life. Second, the age of the person you’re alleged to have patronized will dictate the severity of the charge. If the person is less than fifteen years old at the time of the offense, the charge will be a felony instead of a misdemeanor. Naturally, a felony is a more serious crime than a misdemeanor. If the person allegedly patronized was less than thirteen years of age, the degree of felony becomes more serious. Third, you should know that a person may be found guilty of this crime whether sexual contact occurs or not. The law is very clear that you may be found guilty if you pay OR agree to pay a fee to another person pursuant to an understanding that in return therefor, such person or a third person will engage in sexual conduct with him or her.
When speaking with any lawyer, make sure that the person is knowledgeable and handles the type of matter with which you’re charged. This can make a world of difference. Also, while price may be a relevant factor to most people, it shouldn’t be the most important factor in deciding to which attorney to entrust your life and reputation. You should seek counsel that is responsive to your needs and is knowledgeable about your case and how to defend it. It can make ALL of the difference in your life.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
CAN I VIDEOTAPE THE POLICE DURING A STOP
I’m asked this question very often. I’ve been involved in quite a few cases in which a person is stopped by police and either the client or another person attempts to videotape the encounter. Very often, police will react very harshly. They will often threaten an arrest if one does not stop taping.
You DO NOT have to stop videotaping the event unless somehow you are interfering with the investigation. You don’t have a right to get in their way. However, imagine you are the passenger of a vehicle and the driver is stopped. The police are acting improperly when they threaten to arrest you for videotaping the encounter. And if they arrest you for videotaping, that arrest is ILLEGAL. And what’s worse is that they know it is illegal. You have the right to continue videotaping. Obviously, you shouldn’t interfere with what they’re attempting to do. But if you’re off to the side and you’re not obstructing their conduct, the police do not have a legal right to stop you. You may be arrested for refusing to stop because the police can concoct a story claiming that you did something else that was illegal. But you should know that you have certain rights and may be able to defend that arrest in court.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
JUDICIAL DIVERSION COURT—HOW DOES IT WORK
Diversion court is a drug treatment court that is very structured and allows an offender to reduce or even have dismissed some very serious charges. Often times, a person will be found to possess even a small amount of narcotics. This can range from pills, to crack cocaine to heroin, meth or so many other drugs. Local police will usually charge a combination of charges, Penal Law 220.39, Criminal Sale of a Controlled Substance 3rd Degree, and Penal Law 220.16, Criminal Possession of a Controlled Substance 3rd Degree, both class B felonies.
For a person who’s never been in trouble, either one of these charges can be devastating. If one is a prior felony offender, the stakes can be even higher. So what is diversion court and how does it work? First, if one is viewed as a drug dealer by the court system, the chances of getting into Diversion are much less. Drug dealers are usually treated very harshly by the court system. Second, Diversion is a program that contains treatment for a drug addiction. If the defendant wants to get help for his/her drug problem, the Court will make a deal with you that will be very beneficial at the end. Third, a person tells his lawyer that he wants Diversion. There is no guarantee that one will be accepted into Diversion.
How is one accepted into Diversion? Your attorney needs to make the Court aware of your desire to enter into the program. Not everyone is eligible for Diversion. For instance, if one does not have a drug problem but is a dealer instead, Diversion will not accept you. If one has already been sober for quite some time after the case has commenced, Diversion may not accept you. If a person has a prior violent felony charge or is currently charged with a violent felony, one is not “paper” eligible for Diversion and will be rejected. If a defendant is charged with something that does not qualify for Diversion, he/she will not be accepted. The list of crimes that potentially make someone eligible for Diversion are (a) Any Penal Law Article 220 or 221 Class B, C, D or E felony charge or (2) Any specified offense under CPL 210.91 (Parole Supervision) (i.e., Willard) such as Burglary 3rd, Criminal Mischief 2nd or 3rd, Grand Larceny 2nd (no firearms or meth components), Unauthorized Use of a Vehicle, Criminal Possession of a Stolen Property 3rd (no firearms or meth components), Criminal Possession Stolen Property 4th (no firearms), Forgery 2nd, Criminal Possession of a Forged Instrument 2nd, Unlawfully Using Drugs or an attempt to commit one of the above offenses if an attempt is a felony.
A defendant is NOT eligible for Diversion if, unless the District Attorney consents, he has a conviction with the past 10 years (excluding prison time between commission of prior felony and commission of present one) for: (1) A violent felony offense as defined under Penal Law 70.02; (2) an offense for which merit time allowance is not available (See Corrections Law 803(1)(d)(ii); (3) a class A felony offense as defined in article 220 or 221; (4) defendant has not been previously adjudicated a second violent or persistent violent felony offender or (5) does not have a pending charge for a violent felony offense or an offense which does not allow merit time (See Corrections Law 803(1)(d)(ii).
Once a person is deemed eligible, he/she will be screened. A treatment plan will be drawn up by the treatment providers. If the defendant successfully completes treatment (18 months), he/she will receive a much more favorable disposition. If he/she fails, the failure could result in jai;/prison time. All of this will be spelled out in a contract before one pleads guilty and enters the program. You should consult with a lawyer who is experienced in Judicial Diversion cases to find out if you are eligible and what the program entails. I have handled innumerable Diversion cases. Contact me at your convenience if you have any questions.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOMESTIC VIOLENCE CONTINUED
You should know that you have rights when it comes to any criminal case and Domestic Violence cases are no different. Quite often, through artful and expertly delivered cross-examination, an attorney can expose the lies of a complaining witness. Just because you’ve been charged with a crime does not mean you’re guilty and it certainly does not mean that you should plead guilty.
When speaking with any lawyer, make sure that the person is knowledgeable and handles the type of matter with which you’re charged. This can make a world of difference. Also, while price may be a relevant factor to most people, it shouldn’t be the most important factor in deciding to which attorney to entrust your life and reputation. You should seek counsel that is responsive to your needs and is knowledgeable about your case and how to defend it. It can make ALL of the difference in your life.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOMESTIC VIOLENCE CONTINUED
If you’ve been falsely accused of committing an act of domestic violence (AKA “DV”), you should know that you still have rights and defenses. In my experience, DV cases are quite often very defensible. It’s important that you hire an experienced trial lawyer who actually tries cases and understands how to litigate.
DV cases can be very emotionally draining for a client. There are other things that are affected by these charges. If the defendant and complaining witness have a child in common who is a minor, Child Protective Services (“CPS”) often gets involved and conducts an investigation to determine if the parent who was arrested is fit to be around his/her children unsupervised. As one can see, there are collateral issues that must be taken into consideration when deciding whether to take a plea or go to trial. Again, it’s important that you hire an experienced trial lawyer who actually tries cases and understands how to litigate.
You are entitled to pretrial discovery. Your attorney should review that information with you and you should map out a game plan. You may be entitled to pretrial suppression hearings that could result in evidence being thrown out. Also, if you decide to go to trial, you will want to strategize on important issues of whether you should testify and how you intend to attack the government’s evidence.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOMESTIC VIOLENCE
Domestic Violence is a term that doesn’t always involve violence. In the Court system, Domestic Violence (aka DV) applies to any arrest involving family member or those that are romantically connected or have a child in common. As I said, it does NOT have to involve violence for you to be sent to a DV Courtroom.
Imagine you get into an argument with your significant other. Words are exchanged. Perhaps it’s a fight that is long overdue. Harsh words are exchanged. Subtle threats are made but said more in jest than because of any serious intent. Suddenly, one party gets angry and decides to call the cops and say something like, “my husband just threatened to kill me.”
That phone call has set in motion a chain of events that the caller may come to regret. The police show up at some point. They interview the wife and she, still angry, says, “he threatened me and shoved me.” Guess what. The Husband is going to be arrested. He’s going to be cuffed and treated like a criminal. He is going to be brought to the stationhouse for booking and he will spend the night in jail. In the morning, he will go before an arraignment judge to be arraigned.
The wife may realize that the arrest went too far. She just wanted to teach her husband a lesson. But it’s too late. She cannot simply have the charges dropped. The District Attorney’s Office does not typically drop cases. At the arraignment, the judge may agree to release the husband on his own recognizance but there may be conditions to the release. The Judge may order the husband to anger management, a batterer’s program (aka spousal abuse program) or some other treatment and may sign a stay away order of protection directing that he stay away from his wife or else be arrested for criminal contempt.
Imagine that you’re the husband in this scenario (though women can also find themselves arrested for these crimes as well). You cannot return to the home that you own. However, you don’t want to go into arrears with your mortgage so you continue to pay your mortgage and property taxes. But since you can’t live at home due to the stay away order of protection, you’re now forced to get an apartment or ask family and friends for a place to live temporarily. Furthermore, because you maintain your innocence, you’re confused as to why you have to undergo a spousal abuse program. Does this sound familiar? It should. It happens every single day in our court system. The best way to fight back is to hire an attorney who is experienced in handling domestic violence cases. You should discuss your legal options including taking the case to trial. In the event that you are found not guilty, the order of protection will automatically be vacated.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DISCOVERY REFORM IN NEW YORK
New York has had one of the most restrictive discovery statutes in the country. For far too long, prosecutors have been able to withhold evidence from a defendant and his or her attorney and leave them guessing all the way to trial. That’s because until the new discovery laws go into effect in 2020, prosecutors could wait til the eve of trial to hand over discovery. Or in many cases, they could hold back discovery and there were little to no consequences. This unfairness of course would often hurt the client. In a felony matter, under the current law, a defendant is not entitled to discovery until there has been an indictment. Unfortunately however, many district attorney offices maintain a no post-indictment plea policy.
In other words, under the current law, prosecutors would give a defendant one of two options: (1) take a plea before we indict you or (2) if we indict you and we have a strong case, we will not reduce the charges. Let’s look at the practical effects of how these harsh options would play out: (1) you’re charged with a felony. You’re not sure of how strong the DA’s evidence is against you because until you’re indicted, you’re not legally entitled to look at the government’s evidence. You have to keep in mind that if the government has a strong case and you’re indicted, you may be stuck with a felony conviction or going to trial. In this scenario, you have some difficult decisions to make. Do you accept a plea of guilt to a misdemeanor or lower felony when you may not be guilty of anything or do you run the risk of indictment and then have to choose between a felony conviction or a trial. (2) if you do not take the pre-indictment plea offer, the case will be presented to the grand jury and if you’re indicted on a strong case, you may have to consider trial.
As you can see, the discovery rules have been a nightmare for defendants and their attorneys. Prosecutors have wielded a lot of power. However, much of that power and upper hand is coming to an end starting January 1, 2020. The NYS Legislature has passed Criminal Procedure Law 245. This statute now prevents prosecutors from sandbagging defendants into taking pleas. The defense community will have more of a prosecutor’s evidence to consider in making major, life impacting decisions. While the breath of the new statute is too great to discuss in one article, suffice it to say that the new statute has made the playing field much more equal than it has been for the last four decades.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
DOT VIOLATIONS
I represent many companies whose drivers receive Department of Transportation violations (“DOT”). Often, the fines associated with these violations can be quite extreme and severe. Also, in my experience, some law enforcement officers will unfairly ticket a driver or company with either tickets that are not warranted or tickets that are unnecessarily repetitive.
You should know that you and your company still have rights and potential defenses. If your driver was ticketed in his or her name, you may want to do what’s known as a corporate substitution. What this means is an application is made to the court to substitute the name of the corporation for that of the individual driver. There may be valid reasons why the owner of a company may choose to do that. Also, if the company is ticketed in its corporate name, the Criminal Procedure Law requires that a corporation be represented by an attorney. If you show up to court without an attorney and your corporation or business entity is the named defendant, you will be required to come back with an attorney. Provided you execute a proper authorization, a benefit to having an attorney in corporate matters is that you do not have to appear. Instead, the attorney appears on behalf of the corporation.
DOT violations can be very expensive, time consuming and disruptive to a business. However, when you have an experienced attorney, plea bargaining is not only possible, it can make a huge difference in the outcome of a case, the amount of money assessed against a defendant and may prevent disruption of someone’s business. In the alternative, a trial may be necessary where we fight the merits of the charges. That is an option that every DOT recipient should discuss with his or her attorney.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
COMMON QUESTIONS RELATING TO TRAFFIC TICKETS
Receiving a traffic ticket can be a very scary and frustrating process that can have far reaching effects on your ability to drive as well as your insurance and employment. You start to investigate hiring a lawyer but you have certain questions regarding the process and/or the legal services that are being offered. Below, I outline several points that may assist you in answering those questions.
1. What’s the difference between receiving a ticket in NYC and receiving one on Long Island?
- There is a world of difference between these two scenarios. NYC does not use traditional courts to prosecute its traffic tickets. Instead, NYC uses Traffic Violation Bureaus (“TVBs”) which are part of the Department of Motor Vehicles.
- Traffic tickets are generally considered quasi-criminal. This means that there are certain protections and/or rights afforded to the recipient of a traffic ticket such as a supporting deposition or discovery. However, because the NYC traffic bureaus are part of the DMV, those tickets are considered administrative and not quasi-criminal. Therefore, unlike courts on Long Island, in NYC, you are NOT entitled to a supporting deposition or discovery. Moreover, unlike Long Island courts, NYC TVB courts do not have prosecuting attorneys. Instead, the police officer that wrote you the ticket shows up to court to testify. He or she acts as the prosecutor.
- In NYC, there is absolutely NO plea bargaining. Plea bargaining means that the prosecutor will look at the facts of the case, the charges, your driving history and potentially reduce your charges and/or the fines and surcharges associated with your tickets. In NYC, this isn’t done. NYC doesn’t care if there was an emergency that caused you to speed. They’re not impressed with your stellar driving record or that in 40 years of driving, you’ve never received a ticket. In NYC, your options are to plead guilty and accept the points (if any) and pay the fine, surcharges and potential driver responsibility fees that may come along with your plea.
- On Long Island, the courts are actual courts. In Matter of Dolce v. Nassau County Traffic and Parking Violations Agency, 7 N.Y.3d 492, 825 N.Y.S.2d 663 (2006), the highest court in New York, the New York Court of Appeals, stated in 2006 that the Nassau County Traffic and Parking Violations Agency (aka 16 Cooper Street), is a branch of the District Court. By extension, this ruling essentially made it clear that since District Court hears criminal cases, that the Criminal Procedure Law applies to traffic tickets issued in Nassau County. By further extension, this also means that traffic tickets issued in Suffolk County also bear the protection of the Criminal Procedure Law.
- What does this mean for Long Island tickets? (1) Unlike NYC, on Long Island, you may be offered a plea reduction of your charges. (2) You’re actually dealing with a prosecuting attorney. (3) You are entitled to certain procedural protections that are not offered in NYC.
2. What can an experienced traffic lawyer do for me?
- Whether you’re charged in NYC or on Long Island, you may want to consider hiring an attorney even if you perceive the charge to be simple and straightforward. Making a mistake can have serious consequences on your license, insurance and employment.
- An attorney can appear in your place. You have a right to appear but one of the benefits of hiring an attorney is that you don’t have to appear.
- An attorney has legal training that you do not possess that will make the disposition of your matter more effective and favorable.
- Because an attorney has legal training, you may receive a dismissal on Long Island due to procedural grounds or a dismissal in NYC after trial.
- If the matter proceeds to trial, an attorney has training to be able to effectively cross-examine a police witness. It’s not so easy to question an officer.
- If the attorney regularly appears before a judge, while it may be unspoken, the judge could act more favorably towards the client because of that mutual respect.
3. What are my chances of getting a plea reduction or a dismissal?
- This is by far the most commonly asked question. It’s a good question and a common sense question. The real answer is 50/50 at the point at which you’re speaking to an attorney about your case. Any other answer is an outright lie. Think about it. You go to the doctor because you believe you’ve fractured your leg. The doctor doesn’t take any x-rays or diagnostic tests, simply looks at your leg without knowing anything more about what’s going on under the surface and quickly says, “here take this and you’ll be better.” Do you trust that doctor’s opinion? How can he or she make that statement without an MRI or X-ray? The same principles apply in legal matters. Everyone wants to know their chances. Many unscrupulous attorneys will take your money, over promise what they can deliver and then let you down after you’ve spent your hard earned money hiring them.
- I stand behind a simple principle when it comes to answering this question: Tell clients what they need to hear, not what they want to hear. If an attorney is being honest, he or she, at the beginning of a case, must tell you that your chances at that stage are 50/50. Here’s why: at the beginning of a case, you don’t know who the prosecutor is, who the judge is that will be assigned (these things matter) or how well the officer will testify at trial. All of these factors are the attorney’s X-rays. This is why over promising a result at the beginning of a case is disingenuous unless it’s a minor case and the accused has a clean record. Then it’s much easier to diagnose the result.
4. What fees do I have to pay?
- If you hire an attorney, there is a legal fee that is paid. This fee should be based upon an attorney’s experience and the amount of work that will have to be performed. This fee is paid regardless of the outcome of a case.
- If you are found not guilty after trial or the charges are dismissed, you do not have to pay any fees unless there are suspension or other administrative fees to pay.
- If you are found guilty of something including taking a plea, you may have to pay fines, surcharges and other associated fees in addition to the legal fee and/or suspension fees.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I GOT A TRAFFIC TICKET IN NYC: WHAT DO I DO?
Ok so you should know that the 5 boros of NYC run their traffic tickets through a Traffic Violations Bureau (aka TVB). These TVBs are not traditional courts. Instead, the prosecution of these tickets is done through the Department of Motor Vehicles. Traffic tickets are considered quasi-criminal matters and usually have many of the protections afforded to an individual in a criminal matter. However, because traffic tickets in NYC are done through the DMV, they are considered administrative in nature and not quasi-criminal. This is super important because unlike traffic tickets issued on Long Island and other parts of NYS, you are not entitled to discovery, a supporting deposition and there is absolutely NO plea bargaining.
This means that the TVB judges do NOT care that you’ve never been in trouble before or that you’re a good person or that there was a real emergency that required you to speed or talk on your phone, etc… They do NOT reduce these tickets (aka plea bargain). Instead, at the TVB, unlike the Courts on Long Island and in other parts of NYS, your only options are (a) plead guilty, accept the points, insurance consequences, fines, etc.. or (b) go to trial. As you probably know, a trial is where the police officer testifies about the traffic ticket, you get to ask him/her questions (i.e., cross-examination) and then if you wish, you get to testify. If you’re convicted, the ticket will go on your record and you may face points, fines, surcharges, administrative fees and loss of a license.
Why should you consider hiring an attorney? First, the attorney can appear instead of you. Second, if the officer fails to appear for trial the first time, as a matter of right, the TVB will grant an adjournment and require you to come back a second time. This means a second day off from work and another trip to the court. If you hire an attorney, he/she will appear both times. If the officer fails to appear a second time, the ticket(s) will be dismissed. Last, if the matter does proceed to trial, it is advisable to have an attorney cross-examine a police officer. Police officers tend to be very skilled at testifying since they do it a lot. When cross-examining a witness, it is important to know not just what to ask but what not to ask. Your chances of beating a ticket are much greater with a skilled lawyer than if you attempted to appear on your own.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT IF THE COMPLAINING WITNESS WANTS TO DROP THE CHARGES? DOES THAT MEAN THAT THE CASE WILL BE DISMISSED?
When I was a New York State Prosecutor, I would frequently receive calls from complaining witnesses who would say things like, “I want to drop the charges,” or “I’ve changed my mind and I no longer wish to press charges” or something similar. I would listen to everything the complaining witness had to say but at the end, I would advise them that there is no such thing as “dropping the charges.” What do I mean? When someone is arrested and charged with a crime, that means that someone swore under penalty of perjury that the accused, also known as the defendant, committed a crime. When the defendant is arrested, a criminal case is started. The name of that case is The People of the State of New York against defendant. The case is not Complainant Witness against Defendant. This is important because while complaining witness may have caused the arrest to take place, it’s the State that decides how the case will proceed. It’s the People of the State against Defendant.
Prosecutors certainly take into consideration how the complaining witness feels about a case but make no mistake, the complaining witness does NOT have the power to drop anything. If the complaining witness refuses to cooperate, the local District Attorney’s office has the power to subpoena that person to court. The last thing a complaining witness wants is to be on the receiving end of a criminal contempt charge. If a complaining witness is served with a subpoena and fails to appear in court, the District Attorney’s office can start a criminal contempt case against that person.
If you are arrested for any type of case particularly one involving allegations of domestic abuse, you should be aware that the complaining witness does NOT have authority to drop the charges. You should speak to a qualified lawyer about your case. But please do NOT rely on the mistaken belief that a call to the DA’s office from the alleged victim will somehow result in a dismissal just because he/she has changed their mind. It simply doesn’t work that way except on TV.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT TO DO IF YOU’RE CHARGED WITH LARCENY, SHOPLIFTING OR A THEFT CRIME
To start, you should know even if you’re guilty, you have rights of which you should be aware. Quite often, these cases stem from a person in a retail store who is allegedly observed taking property belonging to the store, walking past the registers, failing to pay and then usually being apprehended in the parking lot.
The store personnel who apprehends you is usually a person who works in loss prevention. He or she is NOT a police officer. They can apprehend you but they cannot legally arrest you. Of course, you should not be physically combative. However, you do NOT need to speak to them about what happened. You should refrain from admitting anything or saying you’re sorry or trying to explain what happened. These things will be used against you later. You should simply assert your right to speak with an attorney.
Do NOT sign anything. I cannot emphasize this enough. Often, a store will ask you to sign a statement in which you promise never to return to the store. These statements usually contain incriminating information. You should not say or sign anything. Rather, you should insist on speaking to a lawyer.
There are lots of potential ways to defend these charges. We may demand a copy of the video surveillance. We may challenge any statements you made have made to store personnel or law enforcement. We may sometimes find negative background traits of the person from the store who apprehended you as a way to discredit their testimony. We may challenge probable cause for the arrest, we may argue that a search was conducted illegally and that incriminating physical evidence should be thrown out and we may challenge evidence on other constitutional grounds. If you’re charged with a theft or larceny charge, you should know that you have rights and defenses.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I WAS CHARGED WITH DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL, WHAT DO I DO NEXT?
Driving While Ability Impaired in New York is different than Driving While Intoxicated or Driving While Ability Impaired by Drugs. Driving While Ability Impaired by Alcohol (DWAI) is not a misdemeanor. In fact, it’s typically charged as a traffic infraction. But make no mistake, unlike most traffic matters, DWAI should be taken seriously because it can have far reaching effects on one’s life.
When a motorist submits to a chemical test of his/her blood, urine, breath or saliva, and registers a reading between .05% and .07%, that is known as DWAI. Anything at .08% or higher is charged as DWI or Aggravated DWI if the reading is high enough.
Often times, even though a motorist registered between a .05% and .07% BAC (blood alcohol content), prosecutors will add a DWI charge of 1192.3, common law DWI. I’ll explain in another article why this is done. But for now, let’s focus on the DWAI.
If a motorist has little or no criminal record, there was no motor vehicle accident and no other aggravating factor, DA offices will typically no reduce the DWAI charge nevertheless. If you’re charged with a DWI and your record is clean, often times, a DA’s office will offer to reduce the charge to a DWAI. However, when you’re charged with a DWAI, for some reason, prosecutors will not give you the benefit of a lower charge without a fight. There may be plea bargain restrictions that explain why this is but in my experience, some DA offices will dismiss DWAI charges and allow pleas to other charges if the facts warrant a departure from the normal plea offer.
This is why it’s super important to hire an attorney who understands what to look for and how to properly explore defenses to charges. A conviction to a DWAI can have far lasting repercussions. Make sure your do your due diligence in selecting an attorney to assist you with your DWAI charge. Your future may depend on it.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
WHAT TO DO IF I’M CHARGED WITH A SUSPENDED DRIVER’S LICENSE AND/OR A SUSPENDED/REVOKED REGISTRATION
There are several reasons for why a person may be charged with Aggravated Unlicensed Operation of a Motor Vehicle. The typical reason is that a person receives a ticket and either fails to appear or fails to pay the ticket after the ticket has been resolved. Or a DMV fee is owed and not paid. Before NYS suspends you however, you will receive a notice of suspension at the address DMV has on file. The suspension notice should be mailed several weeks in advance thereby giving the motorist an ample amount of time to address the impending suspension. However, sometimes, the suspension will take effect because the mail is lost or the motorist failed to act. If the motorist is caught driving, he/she will be charged with a misdemeanor of Aggravated Unlicensed Operation of a Motor Vehicle. In some circumstances, it can even be a felony. Do not treat these charges as traffic tickets. They are in fact misdemeanors and as such, they can lead to jail or other problems if not properly handled. Consider hiring an attorney who knows how to properly defend you in these matters.
A motorist may also be charged with driving with a suspended or revoked registration. This is also a misdemeanor and should be treated seriously. Often, this is the result of an insurance lapse. An insurance lapse is serious business. A conviction to no insurance can lead to a minimum revocation of your driver’s license for one year as well as a heavy duty fine. These charges are also defensible but one must understand how prosecutors view these tickets and what information is critical in their proper defense and handling. If they are not handled correctly, they can have far reaching effects well beyond the charges which can affect your life for years to come.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I’M CHARGED WITH DRUG POSSESSION AND/OR SALE, WHAT DO I DO?
You should know that drug possession is treated very differently than drug sale. It is universal that someone suspected of selling drugs (aka a drug dealer) is treated far worse than drug possession. Drug possession is treated more leniently because the user is often treated with sympathy based on their addiction.
Drug charges can be very devastating to an accused. Most employers do not want to hire someone who is charged and/or convicted of a drug charge. And if you’re charged with heroin, that may cause the DA’s office to treat you even more harshly.
The good news is that you have rights. These charges are defensible but you should strongly consider hiring an experienced attorney who handles drug cases regularly. First, the DA’s office must demonstrate that the substances found are actually illegal. The DA must provide a toxicology report. Second, the way the drugs are found is critical. Did the police have a search warrant? If so, we may be able to attack the warrant itself. If a search was conducted on the street pursuant to a stop, did the police violate your constitutional rights? If the police violated your rights, you may have the drugs suppressed, i.e., thrown out. Third, there may be therapeutic approaches to drug charges if legal defenses are limited or if the client wants to undertake that approach.
At the end of the day, you should always bear in mind that drug charges are serious. They can have devastating effects on your reputation, job, personal life, finances, etc… You really need to consider hiring an experienced attorney to assist you in fighting these charges.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
TIPS ON DOMESTIC ABUSE CASES
In my practice, I handle a lot of domestic abuse cases. Domestic abuse typically involves a husband and wife, persons romantically involved or persons related by blood. In most instances, when a domestic case is reported, the police are required to make an arrest.
The effects of any arrest can be devastating on a person’s job, personal life, finances, reputation, family life and living situation. This is true regardless of whether you’re a man or woman being charged with a crime.
Imagine for a second that you’re at your home. You get into a routine, silly argument with your husband or wife. The police are called. Suddenly, the police show up and start to treat you like a criminal. Your spouse says that you made a threat or broke something that you jointly own or that you put your hands on them. Regardless of whether any of this is true, the police will treat it as if it is true. And do NOT be fooled. Later, if your spouse changes his/her mind, the District Attorney’s office will NOT simply drop the case because you no longer wish to press charges. In the real world, while the District Attorney (“DA”) does take into consideration the wishes of the victim/complaining witness, cases move forward at the discretion of the DA, not the victim. The DA can forcibly try make the victim cooperate by use of a subpoena (there are ways to deal with this as well).
You’re now being arrested. You should try to remain calm, although I recognize it can be quite difficult under the circumstances. What you don’t want to do is become combative with police especially not physically combative. Most charges that involve domestic abuse are misdemeanors. However, if you engage in a physical altercation with police, you may be charged with a felony assault which intensifies the nature of your case.
You should be cooperative and not say anything other than demanding that you speak to an attorney. You will be brought to the stationhouse for booking and at some point, usually within several hours to a day, you will be brought before a judge to be arraigned. An arraignment is simply a formal process whereby you are brought before the judge to be advised of your rights, the charges against you and for the judge to decide whether to set bail on you or not and if so, how much.
Unfortunately, at the arraignment, even if you’re truly innocent, many judges will sign an order of protection ordering you to stay away from the person who claims to be the victim. This can be devastating. Imagine you own a home, you’re paying your mortgage. Your spouse, in the heat of the moment, calls the police and alleges that you did something wrong. You’re arrested, taken from your home, brought before a judge and told that you are no longer able to return to YOUR home. You now must find another place to live while the order of protection is pending. Moreover, since you don’t want to lose your home or have you children become homeless, you suddenly have to not only pay your mortgage but rent an apartment unless friends can take you in. Also, to add insult to injury, the Court, as a condition of your bail, is ordering you to enroll in anger management, a batterer’s program or some other form of therapy that you truly do not need.
What do you do in this situation? It’s time to hire an experienced attorney. You have legal rights. You are able to challenge the order of protection as well as the anger management and other conditions. But in order to do so, you need someone who is knowledgeable in these matters. Not all attorneys handle criminal cases and unless they specialize in criminal matters, you don’t want to take a chance on someone just because you were referred to them or they quoted you the cheapest price. Do your homework and hire someone who will fight for you.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000, 516-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
I GOT A SPEEDING TICKET: WHAT DO I DO?
Imagine you’re driving along and you suddenly hear and see lights and sirens. You instinctively look into your rearview mirror and see a marked or unmarked police car pulling you over. You’re suddenly gripped with fear and start asking, “did I do something wrong?”
You nervously start looking in your glove box for your registration and insurance. The officer walks over and routinely asks, “do you know why I pulled you over?” You think you might have been speeding so you innocently say, “I was speeding.” That’s a big no, no. EVERYTHING you say will be used against you. Later on, if you wish to fight the ticket and go to trial, the officer will testify that you admitted to speeding. The best thing to do is say nothing. Be polite and cooperative of course. If the officer issues you a ticket, do not panic. There are ways to fight tickets that you’re not aware of because you lack the training. When I was a NYS and County prosecutor, I prosecuted thousands of tickets including speeding. Often times, I can beat these tickets before they ever get to trial. That means you get no points and no fines. Your record remains clean as if the ticket was never issued. On the other hand, you may wish to plea bargain the ticket. That means that your attorney is skillfully negotiating a reduction of the charge, points and fines. If this cannot be accomplished for some reason, you may opt to go to trial. This is mostly where a skilled attorney can help versus any old attorney. You should know that traffic tickets, while seemingly “simple,” still require a level of expertise to properly defend. Do your homework when hiring an attorney. The guy with the biggest sign isn’t necessarily the best lawyer. Do your due diligence when hiring an attorney because if things go wrong, which they often do, it could mean a loss of driving privileges, higher insurance premiums and other future negative repercussions. I have successfully gone to trial on an innumerable amount of traffic violations from speeding, cell phones, stop signs, no seatbelt, red lights, no insurance, failing to obey a traffic control device and so many more.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
Since the "green light" bill passed into law, will it void NY part 136b and the lifetime look back?
INTEGRITY, HONESTY AND HARD WORK---WHAT EVERY CLIENT SHOULD SAY ABOUT THEIR ATTORNEY
Being involved in a legal situation can be mentally, emotionally and physically taxing on a person. Their world is suddenly embroiled in a legal matter and there is uncertainty and fear of the unknown that can be gripping and smothering. The person then goes on the search for an attorney.
Ideally, an attorney should recognize that even small legal matters can be very huge to the person facing them. It’s important to realize that the client isn’t just a paycheck but a real human being who is scared and needs help. When a client’s world is upside down, it’s important to re-balance the client with the knowledge that their attorney is fighting for them.
In my opinion, client satisfaction, within the ethical bounds of the law, is the most important goal as an attorney. Unfortunately, some lawyers will tell you what you want to hear simply to get your money. It’s important that an attorney demonstrate integrity, honesty and hard work. As a client, make sure that your attorney tells you what you need to hear, not just what you want to hear. This is where honesty is important. It’s understandable that positive information is welcoming. But if it’s not accurate, it will be a big let down later. I believe in under promising and over delivering. Next, integrity is important. You want someone who is a person of their word and will do what they say. This is your life in their hands so it’s important that your attorney is someone you can count on to do the right thing. Lastly, an attorney should be diligent in their representation of a client. This means doing everything ethically allowed to zealously advocate for a client. A client should know that you are properly and thoroughly handling their matter so that you can achieve the best outcome possible.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
HOW CAN I GET MY CRIMINAL RECORD SEALED…IT’S AFFECTING MY LIFE
We all know that having a criminal record can be devastating to one’s life in so many different ways. A record of a crime can affect one’s ability to get a job, obtain housing, receive financial aid and has many other negative consequences. For so long, a person was stuck with a criminal record for LIFE.
However, in 2017, New York passed Criminal Procedure Law 160.59 which allows for certain criminal records to be sealed if a person meets the criteria laid out in that section. Thankfully, a person no longer has to suffer for their entire lives due to a mistake he/she made at one point in his/her life.
So how does this law work? CPL 160.59 works this way:
If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed. An application to the Court must be made to have those records sealed. If the court approves your application, your criminal convictions can only be seen by qualified agencies and federal, state and local law enforcement.
So what does this mean practically speaking? It means that the VAST majority of people CANNOT see those convictions. In other words, your chances of finding suitable employment, housing, financial aid, etc… have just increased dramatically. For many, the nightmare of living with the stigma of a criminal conviction may be over.
Please note that sex offenses, violent felonies and serious felonies are not eligible for sealing.
WHO IS ELIGIBLE
You are eligible if:
• You have been crime-free for at least 10 years since your conviction and/or release, AND
• You have 2 convictions or less on your criminal record. This means no more than two misdemeanor convictions OR one felony and one misdemeanor conviction.
The ten year period starts from the date of conviction or release from prison, whichever is later.
You cannot have had any new criminal convictions or have a current criminal case pending.
Courts have the discretion to seal up to two convictions, only one of which may be a felony.
If you have more than 2 convictions, you may still be eligible if your convictions are related to the same one or two incidents. For example, if you were charged and convicted of multiple crimes during one incident, the court may decide to treat the multiple convictions as one conviction.
HOW TO APPLY
The sealing of these records is not automatic. You need to do paperwork and apply to the court.
1. Request a criminal Certificate of Disposition for CPL 160.59 Sealing Application from the court.
• Complete a separate request for each case you will be asking the court to seal.
• Bring the completed form to the court.
• There is a fee of $5 for courts located outside of NYC and a $10 fee for courts located within the 5 boros of NYC.
2. After you get your Certificate of disposition from the court, complete the sealing application. This is known as a Notice of Motion and Affidavit in Support).
• Sign this form in front of a notary public.
• Important! You should attach any evidence you have of proof of rehabilitation, like a certificate of relief from civil disabilities, verification of employment, community service, volunteer or charity work, educational transcripts, letters of recommendation or commendation from employers, teachers/professors, community leaders, charitable organizations, certificates of successful completion of a drug or alcohol treatment program, etc…
3. The District Attorney must be notified about your application. A copy of your motion papers must be served on the DA’s office.
WHAT TO DO AFTER GETTING A SEALING ORDER
If your sealing application is approved, you will get a court signed Seal Order. One should follow up and verify that the sealing has taken place.
MISCELLANEOUS
The legal system can be a very confusing place. When it comes to making motions to the court, if papers aren’t filed correctly or they’re filed late, this may lead to a denial of your request. That’s why it is often advisable to hire a knowledgeable attorney. That can be the difference between getting your life back or being stuck in the nightmare of a criminal conviction.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
This is bullshit. get off your lazy ass and get to work ps did 20 yrs and make 199.000 yr stop whining
THE BENEFITS OF HIRING AN EXPERIENCED ATTORNEY FOR YOUR TRAFFIC MATTER
First, an experienced traffic lawyer has knowledge of the law and experience that most non-attorneys do not possess. Second, as a result of this knowledge and experience, an attorney is often better suited to spot legal deficiencies in police paperwork or legal defenses that may be used to beat your charge outright or alternatively, these deficiencies or defenses may be used to get you a better deal. Third, if the matter cannot be resolved amicably, you may need to consider going to trial. When you proceed to trial, the officer testifying is very likely a seasoned witness who has lots of experience testifying. You on the other hand probably have never cross-examined a witness and presumably lack the experience and knowledge on how to effectively cross-examine a witness. (You can read my article on cross-examination, www.facebook.com/vigliottilaw/). It’s advisable to consider hiring an experienced lawyer to effectively question an officer because your chances of success are much greater than handling the ticket on your own. Fourth, there may be tactical things that an attorney may do that you are not aware of due to your lack of familiarity with a particular courthouse. Lastly, in most traffic courts, you do NOT have to appear. You should ask your attorney whether your appearance for a traffic matter is necessary. In many instances, I ask clients to sign an authorization empowering me to appear so that they do not have to appear. Obviously, this is beneficial in that a client does not have to waste time off from work or family commitments to fight a traffic ticket.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
Law Offices of Luigi Vigliotti, P.C.
Criminal Defense firm specializing in all crimes with a particular focus and emphasis on crimes involving motor vehicles such as Driving While Intoxicated.DISCOVERY IN A CRIMINAL CASE
Discovery is a legal term that means that the government is bound to show you part of its evidence against you. Criminal Procedure Law section 240.20 governs discovery in a criminal matter and dictates what the government is required to hand over. This is a very important provision in the law because unless there are extenuating reasons, clients should generally refrain from entering pleas until discovery is completed. The logic behind that is that discovery, in theory, allows clients to make informed decisions. It gives clients and their attorneys the opportunity to review the evidence before a trial. If the evidence is particularly strong, a client may want to consider some sort of a plea. If the evidence is weak, the attorney should be demanding either an outright dismissal or at a minimum, a very favorable deal for the client. And if the evidence is strong, discovery will allow a client and attorney to strategize around the evidence. Even strong evidence can often be explained so that its impact at trial is lessened. For instance, if the government has a videotaped confession, that evidence would appear to be strong. However, if the client insists that he was coerced, there may be things in the video such as signs of physical injury that can be pointed out to the jury to argue that the confession is unreliable since the police obtained it after physically assaulting the client. Discovery allows a client and attorney the opportunity to view evidence before trial. That is why is it so critical for an attorney to view the discovery, determine whether any discovery is missing and to make the appropriate motions if discovery is not timely turned over to the defense. All of this should be done before a plea is taken.
Stay tuned for the next article and if we may be of assistance to you and your legal needs, feel free to contact the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940, 631-861-0000 or online at www.vigliottilaw.com. We handle all types of criminal matters on Long Island (both in Nassau & Suffolk Counties) as well as New York City, we handle DWI, DUI and all vehicle and traffic matters, DOT and Trucking violations as well. We have convenient office locations in Garden City, Smithtown, Riverhead and the Hamptons. Come visit our new office in Southampton.
And remember that this article is not intended as legal advice. If you are seeking legal advice, you may contact my office and I will speak to you directly about your particular legal situation.
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