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A Long Island based Law Firm with 25+ Years Experience serving Nassau County, Suffolk County, New York City, and New York Federal Courts.

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FAQS

Frequently Asked
Questions

Lo Piccolo Law
is dedicated
to protecting your rights, your freedom,
and your future at
every stage of
your case.

What do I do if I have been arrested?

Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.

A bench warrant means that court was missed, and if you come in contact with the police or other law enforcement, you will be detained and brought to court involuntarily. IF that happens, your family should contact an attorney to appear with you at court because bail can be set and you can be detained at the local jail.

You can vacate a bench warrant voluntarily by appearing with an attorney at the clerk’s office of the court where the bench warrant was issued. You will then go before a Judge to vacate the warrant. An attorney should be present to advocate for your continued liberty.

Arrest warrants are less common but the same procedures apply in those situations.

Most court appearances are logged in the New York State Courts database, commonly referred to as WEBCRIMS.

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

Please note that mis-spelling is common and that Desk Appearance Tickets may not appear until a few days before the date on the ticket OR not at all. Sometimes, these cases will not be logged into the system until after that first initial appearance.

New York State Courts, as well as local village courts can be found at: LINK

Federal Courts can be found https://www.uscourts.gov/

For Nassau County Jail https://app.nassaucountyny.gov/Sheriff/inmate_visit/A. For Suffolk County Jail https://www.suffolkcountysheriffsoffice.com/visiting-information There are rules for each visit so please review them when preparing to visit a loved one or friend.

For Nassau County Jail: LINK

For the Suffolk County Jail: LINK

Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.

Felony charges are the more serious criminal charges in NYS. They range from levels A to E, with A being the most serious and E being the least serious. There are also non-violent and violent felonies depending on the specific facts of each case. The most serious felonies in New York can carry a life sentence, a determinate sentence ranging from 5-25 years for the more serious violent felonies to non-mandatory jail for many non-violent felonies, depending on the accused criminal history.

Misdemeanor charges are lesser offenses ranging from A to B misdemeanors, with A misdemeanors being the more serious offenses. They carry a potential sentence of one year in jail, 3 years probation, or a combination of the two. While less serious than felonies, the risk of a criminal record from a conviction is still real and needs an attorney to advise and defend.

To obtain a Certificate of Disposition, you must go to the Clerk’s Office in the courthouse you were sentenced in or the courthouse where your case was dismissed. You must be able to provide the docket or indictment number, Defendant’s full name, and Defendant’s date of birth. There is a fee of $10.00. If you are the defendant of a sealed case, only you can obtain a Certificate of Disposition and you must provide photo identification.

Our recommendation is to always obtain two copies so you can keep one in case it’s needed in the future as it avoids a second trip back to the Courthouse.

New York does not allow for expungement of criminal records. New York does allow motions for sealing 10 or more years AFTER criminal conviction. An attorney can assist in filing such a motion.

By 2027, New York is supposed to have automatic sealing of certain criminal convictions after three years (subject to a number of conditions) however that is when the process is supposed to begin, but the priority of sealing, as well as the speed of sealing is unknown at this time.

A person who was accused of a crime can obtain their court papers from the Clerk’s Office at the Court where the case ended. Copies may be obtained from your prior attorney, although attorneys are only required to save files for seven years.

When a person has received tickets which were not answered/paid, or from other DMV actions, a copy of a Driver’s Abstract is needed. You do not need to have a NYS Driver’s License to obtain a Driver’s Abstract from NYS. It can be found here: https://dmv.ny.gov/records/get-my-own-driving-record-abstract

To clear the suspensions, fines can be paid but if there are unanswered tickets, you should contact an attorney to discuss your options.

New York State requires an accused’s appearance at each Court appearance. This is subject to an application to waive an accused’s appearance by an attorney.

New York does have limited options for virtual appearances depending on the rules of the local court, as well as the potential for an attorney to appear with an affidavit from the client to resolve a case, subject to an agreement with the District Attorney’s Office and approval by the Court.

New York State requires an accused’s appearance at each Court appearance. This is subject to an application to waive an accused’s appearance by an attorney.

New York does have limited options for virtual appearances depending on the rules of the local court, as well as the potential for an attorney to appear with an affidavit from the client to resolve a case, subject to an agreement with the District Attorney’s Office and approval by the Court.

Property is subject to being held as evidence, depending on where and how it was obtained or is being held.

When a car, or property in a car, is held by the police, your attorney can contact the District Attorney’s Office to see if the property is being held as evidence or can be released. Cars used during a crime, meaning when a car is involved in a DWI case, or when guns, drugs or stolen property are found in a car, can lead to the car being held until the case is over, or potentially for forfeiture. An attorney can take steps to try and facilitate the return of property or resolve a seizure of property.

After a case is over, a release from the District Attorney’s Office is required to release property. It can be obtained directly by contacting the District Attorney’s Office where the case occurred.