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Questions Answered by Aubrey Claudius Galloway
1 Answer | Asked in Criminal Law and Identity Theft for New York on
Q: What happens if I was given an HR password and used it to log into the account and saw information about myself?

Someone at work has given me the password to HR gmail account. They told me to look in it for something related to my company trying to terminate me. I looked but cleared my browser history. I mistakenly kept the password in a draft message in my email gmail account. What criminally can I be... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 22, 2018

Although you "could be charged" by the police for a violation or low-level misdemeanor (like criminal mischief), the DA will probably decline to prosecute and even if they do, nothing will likely come of it. You lacked the "Mens Rea" (or guilty mind) for a more serious criminal... Read more »

1 Answer | Asked in Criminal Law, Internet Law and Sexual Harassment for New York on
Q: Is it illegal to suggest someone should be raped or that they are "asking to be raped" online?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 20, 2018

That’s a general question and it depends largely on the individual circumstances, but here is my shot; it is likely not illegal nor a civil tort to generally “suggest “X” should be raped”.

The second statement has a better chance being viable in civil court, under the theory of...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: My neighbor walked into my house uninvited and beat up my brother and left the property. Why wasn't he arrested?

The cops never questioned him and told me they couldn't arrest him even though their were witnesses who saw him come into my house

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the... Read more »

1 Answer | Asked in Admiralty / Maritime, International Law and Criminal Law for New York on
Q: Do district courts still have original jurisdiction over acts of piracy committed on international waters?

Following Kiobel v Royal Dutch Petroleum (and, perhaps, Jesner v Arab Bank, PLC) do district courts still have original jurisdiction over acts of piracy committed on international waters?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

Probably not, unless said courts are in the same physical jurisdiction where the ship that was victimized is registered. The court of original jurisdiction is where the (non-pirate) ship is registered. For example, many cruse lines register native to the Bahamas; if one of those vessels were... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I received a summons in 2012 I paid it with a money order how do I get a receipt online
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

You probably can't from the courts side, but rather would have to go in person. I would call the clerk of the court where you paid the summons and inquire. That said, you could contact the company who issued the money order and, if you have a reference # or maybe even just your name and the... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: I filed suit for a friend, I'm a jailhouse paralegal, I found a flaw, his wrongful confinement claim is solid, Reply?

Court of claims petition has already been filed and will be heard August 1st 2018.

Greaves v. State, 2011 slip Op 21473 is the most useful example for his issue. This argument is very solid and easily winnable and I'm trying to help this person obtain a lawyer to finish what has been... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

I'm happy to consult you and/or your friend free of charge; my cell phone # is 914-912-1555.

What legal argument (technicality/"flaw") are you referencing in the above opinions? Also, note said opinions are not binding caselaw, but rather persuasive precident/caselaw....
Read more »

1 Answer | Asked in Family Law for New York on
Q: Is it possible

Is it possible????

16 will be 17 in 2 weeks and wants to live with me.. The other parent has full custody. Went to court and the law gaurdain says he is one the childs side but states he doesnt want her to live with me. She states she wants a new law gaurdian because he isnt doing what she... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

Yes she can ask for another attorney and be appointed one. Even though she is still a minor, at 17 she is of suitable age and discretion to have a say in custody.

Also, what sort of proceeding are you in court for? The other parent would not have full custody unless granted by the court,...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company

MSI is a Taiwanese company with its US headquarters in California. They sell their computers through Best Buy and other retailers present in New York State. I would like to sue MSI because firmware I downloaded from their website crippled my computer and I believe they are responsible for providing... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can a sublandlord refuse to return security deposit and prorated month's rent if failure to sign a lease occurs?

I recently agreed to sublet an apartment from a sublandlord for the summer dates May 20th - July 31st. I provided an $800 security deposit before the move-in date. When I moved in on May 20th, I paid a prorated rent of $324 for the rest of May and then also paid my June rent on the 1st of $800. No... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 14, 2018

No, unless you or someone you AB&Bed it to damaged the apartment to the tune of $800. Sue the landlord in small claims court for the $800. You have a good chance of prevailing. The landlord May argue you breached a term of the lease (oral or written); however, this defense will be difficult... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: So I left my sober living home as it was a unsafe environment for me but did not talk to my probation officer. Now I am

Afraid too and want to just flee because I can not go back there. Do you think if I talk to my probation officer she will understand and not violate me???

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jun 1, 2018

It depends, but you should, or have an attorney on your behalf, speak to your probation officer and explain the situation.

Was staying in the sober living house a condition of your probation? What was the nature of the "unsafe environment? A difference between either of these...
Read more »

1 Answer | Asked in Civil Rights and Criminal Law for New York on
Q: Can police search my phone with out consent, and can they use other information on my phone for another arrest?

I am a minor, my phone was taken as evidence during an arrest of attempt of burglary. I did not give them my password. They took my phone. It has picture of me and marijuana. Is this bad?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 30, 2018

Not really; but you should consult an attorney. They cannot break into your phone or look at your call records without getting a warrant from a judge. HOWEVER, if the picture was ON YOUR LOCKSCREEN AND THUS IN “PLAIN VIEW” they likely have “PROBABLE CAUSE”, considered it was seized and... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Separate vs. Martial Property Questions regarding a Business. Business started during marriage with a partner: 50% 50%.

Buy Sell Agreement required us to purchase life insurance naming each other as beneficiary. My partner passed away and I was sent a check for the life insurance proceeds. (He was the owner of the policy and paid the premiums, I was the beneficiary). I signed the check over to the Estate (did not... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 30, 2018

Marital property in all likelihood but more facts are needed. We offer a free consultation at 914-912-1555.

Hope this helps/we can get

1 Answer | Asked in Criminal Law for New York on
Q: Is it considered Burglary 2nd violent felon if the person was given the key by the home owner to be able to enter?

The home owner admits in the deposition they did that the person was given the key by the home owner and the key was where the home owner told the person to leave the key when they where done working for the day. The home owner had left for the day. Nobody was in the home when the crime was... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 26, 2018

You can argue the defendant was invited into the home, but that is no excuse for any crime he committed therein.

Burglary in NY is (1) entering the premises of another (2) with the INTENT of committing a CRIME THEREIN

So the evidentiary burden is on the prosecution to prove beyond...
Read more »

1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for New York on
Q: i was resently evictedfrom the ymca after 11 years for no reason because the housing coordinator didnt like me. can i fi
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 26, 2018

It depends if the YMCA successfully prevailed on something called either a "Non-Payment Summary Proceeding" , or a "holdover Summary Proceeding" (the former if you didn't pay rent or the latter if you held over your lease and they gave you 30 days notice to vacate) AND THEY... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: I received a summons for a bank loan that I have not paid on in about 6 months due to lack of income. How do I proceed?

Loan amount is for $3970.45

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 21, 2018

Hire an attorney to write a cease and desist letter stopping the collection of the loan and/or wait until the sue you and then fight it out.

With a c & d letter and an attorney communicating with them, you should be able to make a good deal to pay it off for way less than half and you...
Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: The ticket is a non-TVB, what does this mean? There is no fine amount on the notice. What is violation 1402 CII
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 14, 2018

More info is needed but "non-TVB" means the traffic violation beuro is not assigned to it. What was it for? Let me know bc it likely is a low-level or unclassified criminal misdemeanor, meaning you should get a lawyer to accompany you to the criminal court on the date given. For example,... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: Can landlord deny request for lease assignment?

Hello. I have a 1-year lease in an apartment in NYC that ends at the end of September. I need to move by August 1st to New Jersey since I was admitted to graduate school. I initially obtained my lease (6 years ago) by assignment of the lease of the previous tenant who moved out a few months prior... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 14, 2018

The language in the lease prevails. I could do a quick review of it inexpensively. If you want to have a free phone consultation call my cell at 914-912-1555

Best

Aubrey

1 Answer | Asked in Child Custody and Family Law for New York on
Q: my ex custodial parent of 2 of our 3 has violated parole & in jail. Can I get my kids from another county legally today

Wwe were both in nys prison and my mother living in PA petitioned tioga county ny to remove all three from foster care and was granted custody. Since our return from prison my mother has split the kids up giving me our oldest and our younger two to their father. Not having gone through court,... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 11, 2018

It depends on if you have any rights to physical custody and legal custody, but in the absence of any right to physical custody you cannot. If you would like to talk about this I can be reached at 914-912-1555. Best. Aubrey

1 Answer | Asked in Child Custody for New York on
Q: At what age can children decide on their own if they want to visit the non-custodial parent
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 11, 2018

There is no specific age, and the language is similar to that of the service statute.

The child cannot be the sole decision-maker in who has custody, but a child of “suitable age and discretion” can have input. The more sophisticated the child and the better the understanding the...
Read more »

1 Answer | Asked in Child Custody for New York on
Q: i was denied emergency custody of my daughter and she is in immediate danger. What should I do right now?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 11, 2018

Immediately call child protective services. They have to, by law, send two agents over today to ensure that your daughter is safe. Then I would file for custody in family court in for an injunction protecting your daughter. I offer a free phone consultation and handle these cases routinely. If you... Read more »

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