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Questions Answered by Aubrey Claudius Galloway
1 Answer | Asked in Consumer Law, Contracts, Bankruptcy and Real Estate Law for New York on
Q: filed ch.13 now having hard time paying. if I had filed just regular bank. could a lien be put on life use of home

Live in Croghan ny in live in life estate home my dad held deed he has since passed, do I own home now and court woud put lien on it I'm disabled and live on 750.0 and with me paying taxes that, 150;00 the court agreed on is getting hard and for that I wonder why my lawery did not file... View More

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

I don’t really understand what you are asking, but I would be happy to speak to you about it for free at 914-912-1555. What I don’t understand why you filed for bankruptcy? You could’ve restructure the mortgage and consolidated any other debt, Without losing credit for 15 years. If the... View More

1 Answer | Asked in Business Law, Copyright and Trademark for New York on
Q: I want to create and sell an illustrated map of various places - what am I allowed to include on the map?

I'm an artist/illustrator and want to create a series of maps - not actual maps someone would use for directions, but an art print they would hang on a wall showing things the city or state is famous for.

What standard would I use to decide what I am allowed to include on the map?... View More

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

Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of... View More

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can you use a similiar name ?for example: YelpMy website name: Melp, different layout and different features.
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 11, 2018

Yes you can. Even if it is a satirical take on yelp, that goes to your advantage according to the caselaw. You should have no problems. If you have any questions navigating this I can offer a free phone consultation and can be reached at 914-912-1555. Best. Yes you can. Even if it is a satirical... View More

1 Answer | Asked in Criminal Law for New York on
Q: Hi I just finished my case I had three misdemeanors got sentenced for one year in nyc queens criminal court

They then gave me surcharges or fees to pay about 750$ + in total I'm 19 I don't have that kind of money and don't currently have my parents support

I'm already late on the payment can I get arrested what happens if I don't pay I'm not in the states now but... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

Scour your money together and appeal this; I don’t know your criminal background, but one year in jail is the maximum sentence for an a misdemeanor… This sentence must be appealed. I offer a free consultation so you can call me anytime at 914-912-1555. Aubrey C. Galloway III, Esq (A&P’s... View More

1 Answer | Asked in Criminal Law for New York on
Q: How long do they have to revoke you on a probation violation. Is it 60 days? And what happens if they don't in that 60?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

It depends on the violation really, the severity of it impacts both of the aforementioned factors. I do offer free phone consultations on criminal matters so if you would like to speak I can be reached at 914-912-1555. Aubrey C. Galloway III, Esq (A&P’s Top-10 Criminal Lawyers in NY under 40)... View More

1 Answer | Asked in Criminal Law and Immigration Law for New York on
Q: Motion 440.10 done pro se, called the clerk and Judge Assistant said they have sent me "something" in mail..What is exa

What is exactly my next step? If it is approved, will i need to appear in court to go forward with case or will the case just be terminated.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

If your motion is not opposed the judgment will be vacated. If your motion is a post you should hire a lawyer to argue your point at something called a “transverse hearing“ where a judge will decide whether or not the judgment will be vacated. I do a good deal of this sort of work so if you... View More

2 Answers | Asked in Criminal Law for New York on
Q: My daughter is 15 and a 19 year old is threatening her in school and social media. Can I press charges for harassment?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

Yes. You can either go to the police station and file a police report, are you can Google your counties District Attorney’s Office website and download a direct complaint form to the District Attorney’s Office that you can fill out at home and send it and they will start it. If you have any... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: What does a third DVI court date mean?

I have a open DV case. I'm the defendant I had two court dates one when I turned myself in saw the judge the next day then I was released. My second court date was called a DVI. On that date the judge stated plaintiff didn't sign any papers with the prosecution to pursue charges.... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

It is, in all likelihood, and for something called all purposes (AP) hearing. Time between all purpose hearings is generally used by the defense counsel to work out our began working out at potential plea deal. Your lawyer should be speaking to the district attorney and communicating back to you... View More

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1 Answer | Asked in Criminal Law for New York on
Q: I got arrested for fradulent credit cards and a controlled substance plus marijuana. Police searched locked glove. How?

Searched vehicle after i allegedly took stop sign. They ordered me to take my shoes off and found key. Unlocked glove and arrested me.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

This is a tough situation and something that you will have to have to hash out with your lawyer prior to holding a suppression hearing in your case. That being said you have two potential winning arguments.

Again though, I stress this is the sort of case where your attorney must put this...
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1 Answer | Asked in Estate Planning for New York on
Q: what is my legal obligation for my brother who passed away, an Indiana resident, with no assets, no property & no will?

May I just pick up his ashes and leave his apartment as is, allowing the landlord to have any and all of the contents? I know I am not responsible for his debts. (I believe he only had one on a used car for around $2000.) He and I had discussed this previously and decided this was best, but now... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

None. You have no legal obligation to him.

1 Answer | Asked in Tax Law and Civil Rights for New York on
Q: Is there a law on energy drinks in the state of New York? and what are they?

this is for a project I am doing

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

The only law is that you can not sell any energy drink in the state of New York that contains alcohol. I call it the four Loco law

1 Answer | Asked in Divorce and Family Law for New York on
Q: Can I DIY divorce? I am not the biological dad to kids born during my marriage and this has been established in court.

My marriage is same-sex and my spouse (with my full consent and knowledge) has had an opposite sex partner whom she has had 4 children with. I am involved in parenting and we are amicable, but we would like to divorce as easily and smoothly as possible. He has been put on the birth certificates of... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

Yes there are procedures for this. Unfortunately the are very fact-specific, often long winded to explain and complicated. I would be happy to talk with you on the phone regarding your situation, but there is just too much to go over for this forum. My number is 914-912-1555 and I offer a free... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: regarding eviction

if backed up on the rent, but continue to pay every month, can the landlord still serve an eviction notice, if the landlord left the eviction notice on the door and we never got it, what are the options, thank you for answering

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

No they cannot serve an evection notice under any circumstances without suing you via a “summary non-payment proceeding“. Anything saying something like eviction notice you should just ignore because a court ruling has to come first.

Our firm routinely represents tenets in these exact...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: about landlord violation

I moved out of state due to work, my wife and kids still live in New York at the apartment, her name is on the lease I still pay the full rent every month, if there are violations in the apartment:

1- can I take the landlord to court on behalf of the safety of my kids

2- can I... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 9, 2018

1. Maybe, it depends on the violations;

2. Yes, you do not have to pay rent for any day a qualifying condition/hazard is present;

3. Laugh, because they have to sue you in Court with one of two types of “summary proceedings”, either (if you have not paid rent) 1. “A Summary...
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2 Answers | Asked in Criminal Law, Arbitration / Mediation Law and Gov & Administrative Law for New York on
Q: I have one question and that is --do judges and district attorney accept letters from families ?

my daughter was arrested for trespassing 2nd degree.

she is a crystal meth /heroin /bath salts user- she self injects including her legs - has had sepsis 3 times hospital. I do not want to ask for mercy I want them to know how bad things are....

I want the judge and or DA to know... View More

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

Yes they do and they take them into account often… No guarantees but it couldn’t hurt

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2 Answers | Asked in Admiralty / Maritime for New York on
Q: If I was injured as a result of one of my crewmate's negligence but they have no assets, can I sue the ship owner for

medical expenses instead?

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

Yes you can as they are vicariously liable for the act of your crewmates negligence. You should name your crewmate, The owner of the ship, the operator of the ship and the captain of the ship. All three are vicariously liable for the acts of your crewmate. In addition to being an Attorney I am... View More

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4 Answers | Asked in Admiralty / Maritime for New York on
Q: If I am injured at sea, what type of medical benefits am I entitled to?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on May 11, 2018

Since you were injured at work you are entitled to Worker’s Compensation as well depending on where the vessel is registered, but in all likelihood you would be entitled to it. This is fact specific to if you would like to talk it over I offer a free phone consultation at 914-912-1555. Best. Aubrey

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1 Answer | Asked in Medical Malpractice for New York on
Q: Can i Sue if the doctor who delivered my son at birth lost the placenta
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Feb 23, 2018

Probably not, unless you can obtain a certificate of merit; further, you will almost definitely not win...unless you can have an OB Expert testify it was a deviation from the standard of care. Finally, the damages are very low for this regardless. - If you want to give it a shot, you can always... View More

1 Answer | Asked in Criminal Law and Employment Discrimination for New York on
Q: Does being mandated to a drug treatment facility in New York constitute a commitment to a mentor health institution?

I was given an conditional discharge and pled guilty to a non criminal offense but I’m concerned that this may be lurking in my records at NICS. (Mental health. Sorry. Autocorrect).

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Feb 23, 2018

No - People v. Torrezo - Mental Health, Alcohol/Drug Treatment (and HIV/AIDS) Records are "significantly more sensitive and thus more protected under HIPAA. Unless you signed a HIPAA release form and clicked the 2 (of 3) boxes referencing the "extra protected" types of HC info you... View More

1 Answer | Asked in Family Law for New York on
Q: How do I keep my son from overnight visits at his fathers girlfriends house. We’ve only been broken up 4 months

He moved in with her right after we broke up when they first met ( they have only known each other 4 months) We are going through a custody battle cps was involved due to domestic violence in our relationship. He was the abuser. Since we went to court and I didn’t agree to overnights at his... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Nov 23, 2017

First, hire a lawyer...we don’t all bite

Secondly, you and your lawyer need to draft, file and argue something called a “family offense petition” to keep him away

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