Michael S Pollok

Criminal defense lawyer Michael S. Pollok is an AV Peer Reviewed rated attorney who focuses his practice exclusively on criminal law in New York's local, state and federal courts. He has many years of expertise defending all types of criminal charges including DUI and is effective at handling plea negotiations, advanced motion practice, bail hearings, criminal trials, appeals, vacating warrants, post-conviction motions (including habeas corpus and other writs and petitions), regulatory investigations, post-conviction licensing hearings, applying for certificates of relief from civil disability and for good conduct, commutation or expungement proceedings, and mitigating other consequences resulting from a criminal conviction including minimizing the likelihood of deportation of permanent resident aliens and visa holders. Michael was then an associate at Barrett, Gravante, Carpinello & Stern, LLP (now merged with Boies, Schiller and Flexner, LLP) in Manhattan, where his practice involved white collar criminal defense litigation and appeals, complex civil litigation, including investigations and litigation involving failed savings and loan institutions on behalf of the Federal Deposit Insurance Corporation and Resolution Trust Corporation. Michael also served on the Criminal Justice Act panel for the United States Court of Appeals for the Second Circuit, the Assigned Counsel Plan for the Appellate Division, First Department and upon the pro-bono panel for the New York State Court of Appeals. After leaving Barrett, Gravante, Carpinello & Stern, LLP, he established a solo practice and later joined Hoffman & Pollok, LLP and Allegaert, Berger and Vogel, LLP and Marvin and Marvin, PLLC as counsel. He currently practices in Kingston, New York and Red Hook New York where he practices exclusively in the area of criminal defense.

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New York

New York State Office of Court Administration

Since 1994

Attorney

Law Offices of Michael Pollok, PLLC

1994 - Current

Bard College

M.A. (2010) | History

2008 - 2010

St. John's University School of Law

J.D. (1993) | Law

1990 - 1993

George Washington University - Virginia Campus

B.A. (1989) | Political Science

1985 - 1989

Honors: George Washington Award

AV Peer Rated for Highest Level of Professional Excellence

Martindale Hubbell

Top 100

The National Trial Lawyers

Rating A+

BBB Accredited Business

National DUI Defense College

2013 - Current

Association of Certified Fraud Examiners

2009 - Current

Use Video Hook Ups For Arraignments

New York Law Journal

January 15, 2014

The Requirements of Hurrell-Harring: Providing Counsel At Arraignments

The New York Law Journal

May 4, 2011

Social Hosting Law and Minors, DWI, Rhinebeck High School

2013

CLE: Representing the Impaired Client: DWI and DWAI, A Panel Discussion coordinated by Hon. Jonah Triebwasser

2015

Q. Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

November 16, 2024

A: Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

Q. What are my rights? Search warrant for drugs from 1 control buy 4 months ago and corners of baggies with residue

October 17, 2024

A: Well the prosecutor has the discretion to decide what charges you would be required to plead guilty to in a plea bargain. The most serious charge is presumably the gun count and they are offering you a plea bargain where you plead to criminal possession of a weapon and they will drop the drug charges as part of the plea bargain.

However, given the facts in your question, you should speak to your lawyer because if the gun was found in your home, you cannot be convicted of Criminal Possession of a Weapon in the Second Degree. If the gun was found in your home or place of business, typically the plea would be to Criminal Possession of a Firearm which is a Class E, non-violent felony and a sentencing range of 0 of 4 years or Criminal Possession of a Weapon in the Fourth Degree (a misdemeanor) with a sentencing range of 0-12 months in county jail.

There might be issues related to the search warrant but I can't address them without being able to see the affidavit that was submitted to the judge by the police in support of the search warrant application and knowing more about the circumstances of the case. This is another issue you should discuss with your attorney who should have a copy of the search warrant affidavit from the discovery provided by the prosecutor but I would first ask your lawyer about the gun being found in the home before agreeing to five years. ... Read More

Q. Will my friend make parole on her 4th time? she's already been denied 3 times. Sentence is 2 1/2-7.

October 2, 2024

A: Well something in your question doesn't make sense to me. You state that she competed the Shock Incarceration Program. If that is the case, she should have been released upon successful completion of the six month Shock program. It sounds like she did not complete Shock successfully and that is why she is appearing before the parole board periodically. If possible, she should try and obtain a Certificate of Earned Eligibility which is granted through participation in educational and vocational programs while in prison. That certificate would assist her in obtaining parole. If she goes before the parole board again and is denied, she should order the transcript of the hearing and file an administrative appeal. If the administrative appeal is denied, she has 120 days to file an Article 78 in the Supreme Court in the county where the prison is located, or in Albany County or in the county where the offense occurred. The Article 78 is effectively an appeal to a Supreme Court justice but she must exhaust all of her administrative remedies (i.e. internal DOCCS appeal) before filing an Article 78. She should ask in the prison library for a sample Article 78 petition. There is no way for me to estimate the chances of her being granted parole because I know nothing about the offense, whether its a violent or non-violent felony, how many disciplinary tickets she has or what, if any, programs she has completed successfully. The Parole Board is supposed to use an objective point system to calculate whether an inmate should be released but they often don't strictly follow their own regulations in my opinion. You may hire an attorney to file a parole appeal and/or file the Article 78 for her if the appeal is denied, however, Article 78's tend to be expensive. ... Read More