Frequently Asked Questions

Criminal Law Issues:

My kid just got arrested for a misdemeanor. Does he need a lawyer?

Misdemeanors, even a first offense, can have far reaching consequences. They can result in jail, probation, heavy fines and restitution. There are also potential collateral consequences such as employment issues, future licensing issues (commercial driver’s licenses, hunting permits, tobacco and alcohol sales and other special licenses), insurance issues and college application issues. The collateral consequences of a criminal conviction can equal and even be worse than the conviction itself. The advice of an attorney early on can help navigate these pitfalls.

The Police want to speak to me about a crime they think I committed. What do I do?

Contact an attorney immediately. You need legal advice tailored to your individual situation before you speak to the police.

DUI / DWI Issues:

What is suspension pending prosecution ?

Also known as the prompt suspension law, VTL 1193(2)(e)(7) commands that “a court shall suspend a driver’s license, pending prosecution, of any person charged with a violation of [VTL 1192(2)or (3)] who, at the time of arrest, is alleged to have had .08 of one percent or more by weight of alcohol in such driver’s blood as shown by a chemical analysis of blood, breath, urine or saliva ...”. In plain English, this means that if you registered .08 or more, you face a suspension of your driving privileges at your first court appearance, before you are convicted of anything. You need to see an attorney before you go to court for the first time, so you understand your rights and there is someone there prepared to defend your rights.

Matrimonial Law issues:

How much will my divorce cost?

The most common and yet the most unanswerable question. Quite honestly, much of what a divorce costs is based upon the people involved. The divorce of two people who divide their assets and move on will be less expensive than the divorce of two people who argue over everything, including the chipped Elvis commemorative plate in the basement. You have a great deal of control over how much your divorce costs and only you and your spouse know how far this is going to go. So the bottom line is that we don’t know how much your divorce will cost, but everyone involved will figure it out fairly quickly once it starts.

I’m getting married. Do I need a prenuptial agreement?

If you have a family business or other type partnership, you may wish to consider the risks that divorce or death can bring to that business and consider ways in which you can attempt to manage those risks. If you have substantial assets, a prenuptial agreement may be a good idea. If this is a second marriage, blending families, a prenuptial agreement can help navigate the tricky question of what assets are for the benefit of which children.

Traffic Issues:

Do I need an attorney for a traffic ticket?

Do you absolutely need one? No. Might it be a better idea to have one? Yes. If you don’t want to go to court, but you don’t want to just plead guilty by mail, an attorney can appear in your place, without your returning for court. If you have prior tickets and are worried about the points on your license, an attorney can help navigate you through the system. If you have multiple tickets in multiple towns, an attorney may be able to negotiate them with the prosecutor. If the ticket is not for a moving violation, but rather for an insurance, registration or licensing issue, those charges can carry significant collateral consequences and you should speak to an attorney before entering a plea.