Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Stephen Bilkis
3 Answers | Asked in Divorce for New York on
Q: How do I know if I will be able to receive maintenance if I get a divorce?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2017

Generally, the presumptive award of spousal maintenance is paid by the spouse with the higher income. The court has a fair amount of discretion to adjust the award based on fairness.

View More Answers

2 Answers | Asked in DUI / DWI for New York on
Q: I got a DWI over the holidays. Will I be able to drive to and from work? I am worried about my job.
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2017

New York does allow for a restricted license status after being convicted. It will allow you to drive to and from work or to school. It is very limited and you are only eligible for this once. I recommend you speak with a lawyer to learn more.

View More Answers

1 Answer | Asked in Workers' Compensation for New York on
Q: I have injured my back at work. How do I know if I have a worker's compensation claim?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2017

You will likely have a worker's compensation if your injury occurred at work, during the course of your employment. I recommend you speak with your supervisor right away to file a claim. If you are in doubt, it would be a good idea to speak with a lawyer.

2 Answers | Asked in Personal Injury for New York on
Q: I slipped and fell at my local grocery store, and seriously hurt my knee. Can I sue them?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2017

The short answer is yes, you may have a case. However, it is difficult without knowing the particular circumstances of your incident. Generally, a store that invites the public onto their premises has a duty to keep it safe. They could be found liable if it is determined that they knew or should... View More

View More Answers

2 Answers | Asked in Personal Injury for New York on
Q: I slipped and fell at my local grocery store, and have seriously injured my knee. Can I sue them for my doctor bills?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2017

The short answer is yes, you may have a case. Generally, stores that invite the public onto their property have a duty to keep the premises safe. A store could be held liable for an unsafe condition, particularly if they knew or should have known that it was there. I suggest you speak with a lawyer... View More

View More Answers

2 Answers | Asked in Criminal Law for New York on
Q: I was just charged with public intoxication (under the influence of narcotics). I am mortified. What will happen to me?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2017

This is considered a violation under New York Penal Code 240. You could be fined with 15 days in jail or a $250. fine or both.

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: I was just charged with disorderly conduct. What will happen to me?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2016

The crime of disorderly conduct is set out in NY Penal Law 240.20. It is considered a violation, rather than a misdemeanor. It is punishable by 15 days in jail or a $250. fine.

2 Answers | Asked in DUI / DWI for New York on
Q: I have been charged with a DWI. I am beyond upset and cannot afford a lawyer. Can I represent myself?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2016

You can represent yourself but I would advise against it. DWI's deal with a complex area of law and serious penalties. An experienced lawyer can find any defects in your case and contest the evidence submitted against you. I would recommend speaking to a lawyer before you decide. Many offer... View More

View More Answers

2 Answers | Asked in DUI / DWI for New York on
Q: I was recently convicted of a DWI. How long will it be on my record?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2016

In New York, a criminal conviction will stay on your record permanently. There is no legal way to expunge (remove) this from your record. As time passes however, it will be easier to explain to future employers as a mistake from long ago.

View More Answers

3 Answers | Asked in Personal Injury for New York on
Q: I was injured in a car accident and am considering filing a lawsuit. What kind of compensation can I receive?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2016

In New York, if you are a victim of negligence, you can receive monetary compensation for your injuries including: loss of current and future income, pain and suffering, reimbursement for current and future medical bills.

View More Answers

3 Answers | Asked in Personal Injury for New York on
Q: I think I have an injury claim against my landlord. How long do I have to file a lawsuit?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2016

In New York, you have three years from the date of the accident to file a lawsuit. Wrongful death actions must be filed within two years, and medical malpractice actions need to be filed within two years and six months.

View More Answers

1 Answer | Asked in Personal Injury for New York on
Q: How do you know if someone is negligent?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2016

Depending on the circumstances, negligence can be difficult to prove. The question to ask is, would a reasonable person have acted in a similar way in a similar set of circumstances? If the answer is no, the party may have been negligent.

1 Answer | Asked in Personal Injury for New York on
Q: I have been in a car accident. Should I hire a lawyer?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2016

It will depend on the circumstances of your case. Were there any injuries or property damage? Statistically, people who hire a lawyer tend to settle their case for three times more than if they handled it themselves. The big insurance companies are represented by legal counsel, so it is important... View More

1 Answer | Asked in Medical Malpractice for New York on
Q: My husband was misdiagnosed many times, when he actually had cancer. Is this considered medical malpractice?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2016

I am so sorry to hear your story. Medical malpractice occurs where a hospital, doctor or nurse fails to perform their duties to a standard of those with similar training, in similar circumstances. It would be difficult to make this determination without learning about the particulars of your case.... View More

2 Answers | Asked in Medical Malpractice for New York on
Q: My husband was misdiagnosed many times when in reality, he had cancer. Is this medical malpractice?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2016

I am so sorry to hear your story. Medical malpractice occurs where a hospital, doctor or nurse fails to perform their duties to a standard of those with similar training, in similar circumstances. It would be difficult to make this determination without learning about the particulars of your case.... View More

View More Answers

1 Answer | Asked in Car Accidents for New York on
Q: My friend ran over my very expensive bike in my driveway and wont pay for it. What should I do?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2016

If you have already made a demand for the replacement cost, your next step could be to file a claim in small claims court. If your bike was valued at $5,000 or less, you can file a claim there. If you have any questions, it is a good idea to speak with a lawyer to ensure that your rights are... View More

1 Answer | Asked in Divorce for New York on
Q: How can I file for divorce
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2016

Filing for divorce is a big decision. Depending on the circumstances of your case, there could be important matters that should be discussed with a family lawyer prior to filing. I highly recommend that you consult with a lawyer to ensure that your rights are protected.

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: Can a charge of grand larceny 3rd degree felony be dropped to a lesser charge
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2016

Yes, it is possible. It will depend on the particular circumstances surrounding your case and whether you have a prior record.

View More Answers

2 Answers | Asked in DUI / DWI for New York on
Q: I was recently stopped for a DWI. If the court takes my license, how will I get to work?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2016

If your license is taken during your arraignment hearing, you may be able to request a “hardship license.” This type of license allows you to drive to and from work only. Your lawyer should be prepared to request this on your behalf

View More Answers

2 Answers | Asked in Criminal Law for New York on
Q: Can my case be dismissed if the police did not read me my Miranda rights?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2016

While the Miranda warning is important, failure to read the warning won't necessarily be a reason to dismiss your case. Miranda rights would apply to a person that was arrested and taken into custody. If they made a statement after this in response to officer questioning, it could be an issue.... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.