I was given an appearance court date of December 15th. Should I plead quilty and what can they do?
answered on Dec 3, 2022
No you should not. You should plead not guilty and get a criminal lawyer. It is a crime In most first offense shoplifting cases an experienced criminal defense lawyer can obtain a non criminal resolution. Contact a lawyer now he can be at arraignment and walk you through the process. I have... Read more »
I never received the first certified letter allowing me to file for arbitration - had collection agency now threatening court.
answered on Jul 5, 2022
File a grievance he has to bill every 60 days under the milonas rules Call the bar association and ask for arbitration. Read your retainer agreement it should say he will bill every 60 days if it does and he didn’t you have a defense. In your grievance mention he took you to collections without... Read more »
He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.
answered on Jul 11, 2021
This is both a conflict of laws and jurisdictional question. You must look at residency. Florida seems to be the obvious. For New York you must have residency for more than one year. It’s residency in a jurisdiction which give rise to jurisdiction over the marriage. In New York you have... Read more »
answered on Apr 18, 2021
The likely charge would be felony level Menacing. Threatening a person with a deadly weapon. If it was used it would be assault first or second. In any event it is serious
answered on Dec 28, 2020
Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... Read more »
i want to respond to my ex & tell him i don't think he can deny me the vacation time I requested w/out having some prev scheduled conflict per our custody agreement but he thinks he has the right to tell me no. who can help me interpret custody agreement? i hope to get answer soon as the... Read more »
answered on Dec 5, 2020
He cannot deny you if its in the agreement. however Christmas schedules spelled out in the agreement may trump the vacation access. A lawyer would have to read the exact language of the custody access agreement to give an absolute answer. That being said if you have primary custody and there is no... Read more »
answered on Oct 9, 2020
From the time of filing to the time of service can be days. Process servers are very good and find the defendants quickly
answered on Sep 14, 2020
Yes. PL 265>3 is a C Violent felony for possessing a loaded gun outside of the home or office. That is very serious a month does not go by when I don't have 2-5 new gun cases retain my services. There are many things a skilled defense attorney can do to get a better plea or perhaps... Read more »
A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that
answered on Aug 28, 2020
That is an outrageous statement but it probably would not qualify as a hate crime. Since it is published on a media platform It could be libel because of the defamatory nature of the words
The father has an active stay away child endangerment charge and there is an open domestic violence case
answered on Aug 23, 2020
Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... Read more »
Its a 180.80 motion
answered on Aug 13, 2020
It must be sent to the court and to the District attorney. Felony hearings and 180.80 time periods have been extended during court shut down. You can do your motion but local criminal courts are just starting to resume. September is goal for all local courts to resume .
I paid the bail in full.
Charges : damage property and 2 trespassing
The charges were filed on Oct 2018
answered on Aug 8, 2020
It depends especially how long you skipped out. If you have a lawyer and surrender its possible the fail would be restored for yhe first no show if it was more than the court could hold you until case is completed. On a misdemeanor the maximum sentence is one year which is actually 8 months when... Read more »
Husband is from Africa, rushed to get married so that we may file for status here but decided to break up due to cheating on his side. We filed but I withdrew it. Is it possible to get divorced without any legal issues happening? What can I do? We both want the divorce and have no assets and do not... Read more »
answered on Aug 7, 2020
In New York we have a no fault ground for Divorce, Irretrievable Marital differences. You can get a divorce . There are forms on the unified court system website . However its best to consult a lawyer. Your admission of why you married could be construed as marriage fraud. Its a Federal offense... Read more »
answered on Aug 1, 2020
Under both New York and Federal Law a telephone call can be recorded so long as one party to the call consents. That means you could place a call and record the other party .
You cant set up a device which records conversation with two or more people none of whom consented or where the... Read more »
I was ousted from my apt by my daughter,separated from my husband then served with divorce papers. I
I don't want divorce don't believe he wants one either.It was initiated by my daughter What should I do?
answered on Jul 21, 2020
You can contest grounds by putting in an answer. your husband and you would appear with your lawyers at a preliminary conference and there without your daughters presence you can confront husband with whether he desires a divorce.
grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?
answered on Jul 21, 2020
Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support... Read more »
2 qdro’s are needed
answered on Jul 6, 2020
it depends a simple QDRO is approx $750 a complex 1500 most are simple so long as the majuskas formula is spread on the record.
What happens if my husband and I separate and he purposely Files for divorce at the age of 60 and withdraws his 401k funds in case I later file for divorce?
answered on May 29, 2020
Nothing substantial. He must account for the funds. Under eligible distribution you are entitled to a share that was acquired during the marriage. Majauskas v majauskas sets the formula. The months of employment over the months of the marriage x 1/2. That’s the marital share if it was all... Read more »
Improper plates is 1 of the charges
answered on May 21, 2020
The worst case is a Misdemeanor criminal conviction,a loss of license ,a 6 Month revocation and a jail term. That is if you haven't had a prior DWI Under those facts ,it would be a felony which is hard to overcome and could mean Jail of 1-4 years and a thousand dollar fine. However with a... Read more »
I was stopped driving a friend’s car. She was drunk, we switched I drove. We were stopped with a loaded gun. I recently got it for protection. I live in Rochester, NY it’s dangerous. I work in healthcare for 5 years. I’ve been a medical liason and now I work with children. I don’t have any... Read more »
answered on May 12, 2020
There are many issues in the question. Primarily the first question is the stop. Were you violating any laws. once past that, you have to look at the Debour factors. Was there any fact which escalated the intrusion of a traffic stop to allow for a search and seizure of the weapon . People v Garcia... Read more »
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