Monthly Archives: August 2017

Are You a Traffic Scofflaw? Misiano Law Can Help!

Perhaps you received a parking ticket or moving violation ticket and ignored it. Or missed a court date because of something pressing and now you have defaulted on the appearance date. Congratulations – you are now a scofflaw! Your license is suspended, and you are no longer able to drive legally.

So, how do you right the mistake? Contact James Misiano of Misiano Law for a free consultation and obtain his experienced counsel.

Many different jurisdictions handle traffic violations. The Suffolk County Traffic and Parking Violation Agency in Hauppauge and the Nassau County Traffic Bureau in Hempstead are the biggest. There are also many town and village justice courts in Islandia, Patchogue, Port Jefferson, and all the various Hamptons.

Generally, you or your attorney must appear and pay a scofflaw fee to get your case back on the calendar. Usually, after 60 days (each jurisdiction is different), you can no longer go back to “square-one,” and you have only one option to lift the suspension on your license – pay the fine and penalty for lateness.  If you don’t do either of these two things, your license remains suspended with no chance of renewal or even obtaining a license in another state.

The Department of Motor Vehicles will send a notice to the address on your license informing you of the suspension. If you have moved and didn’t receive it – tough luck!  If you are caught driving with a suspended license (multiple times) you will be charged with “aggravated driving with a suspended license” – a misdemeanor. If you are charged with this crime or any misdemeanor for that matter, and you don’t appear on your court date, a warrant for your arrest will be issued by the Court.  If you are picked up by the police after that warrant is issued, you are going directly to jail – without passing GO!

If you missed a misdemeanor or felony court appearance – for good cause – that warrant can be recalled and the judge may allow your former bail status to continue, rather than revoking bail and getting locked up until trial. Obviously, it’s important to attend court appearances, but if for whatever reason you miss a date, counsel can help you get reprocessed and remove the warrant.

“That’s what I do almost every day. Call me.” – James Misiano.


Behind on Your Mortgage? In or Near Foreclosure? Misiano Law Can Help Today!

Are you a distressed homeowner? Are you behind on your mortgage payments?  Has your lender started a foreclosure lawsuit?  Or is the lender about to foreclose in the near future?  Don’t despair as help is available!

Misiano Law led by James F. Misiano P.C. is experienced in foreclosure defense, loan modification and other strategic solutions to help you to protect what is usually the largest financial investment of your life – your home.

For many years homeowners believed that when they fell behind on their monthly mortgage, and the lender began a foreclosure lawsuit, there was nothing that they could do.  They believed that it was only a matter of time until they would lose their homes. Many homeowners still believe that today, but they are wrong!

There are many steps that can be taken to keep your home and give you financial relief, both as to accumulated back payments and future payments.  Problems that seem insurmountable are not.  There are several options available to homeowners that have suffered economic, employment, medical or other hardships, which caused them to fall behind on their monthly mortgage payments.

Misiano Law can show you the various options available to save your home.  We both defend the foreclosure lawsuit (if one has started) and show you how to utilize New York State and Federal laws to pursue one or more options to avoid the potentially drastic result of losing your home.

Utilizing proper court procedures available to distressed homeowners, Misiano Law negotiates with your lender to lower your monthly payment to a more affordable amount.  As for the back payments, they can be added to the loan, deferred, and/or sometimes even waived in part or entirely.  If we can modify the terms of your loan – which is normally the first step we take for you – the potentially high expenses and risks of foreclosure never materialize, and thus, the foreclosure is discontinued.

We urge that our clients must defend the foreclosure and not ignore it.  This gives you the time to recover from your hardship and determine your most favorable ultimate result.  Misiano Law simultaneously protects your interests in court and negotiates with your lender, keeping all options open to you. This is even if your situation changes and you then look for a different result than what was originally thought best.

Every homeowner’s situation is different.  When a client comes in for a consultation, we advise them on the best and most advantageous options available and map out a strategy best suited to their specific circumstances.

Help is available!  Call James F. Misiano today and come in for a consultation so we can explore the best options for you!