Questions Answered by Aubrey Claudius Galloway

Q: If my father got married had 3 kids got divorced then married my mother then I was born is his ex related to me

2 Answers | Asked in Family Law for New York on
Answered on Dec 11, 2018
Aubrey Claudius Galloway's answer
No, his ex is not related to you. Not biologically aren’t any other way. I don’t know how this is so much family law question; seems rather a genetics question... am I missing something here? If so and confidentiality is an issue please feel free to call me at 1-855-948-0100; I can do free phone consultations and / or if necessary an in-depth office consultation

(w/ appointment so I may prepare options for you ...paid or unpaid) for what amounts to a costs & expenses fee of $50....

Q: What is the penal statute and penalty for threatening a criminal judge in ny state?

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 2, 2018
Aubrey Claudius Galloway's answer
Several, including but not limited to the following, however it should be noted that there are MANY MORE FACTORS NEEDED TO GIVE AN ACCURATE ANSWER. NAMELY, WHO WAS IT TO HAVE ALLEGED TO THREATEN A JUDGE? (the defendant? if so the charges? a lawyer? a person in the courtroom? WHAT COURT WAS IT IN? (did this happen in a local criminal court, a City Criminal Court or a Supreme Court, for a certain county, Criminal Term?, et al).

Anyway, the statutes this person likely will be charged...

Q: How do I get a law like this passed in New York?

1 Answer | Asked in Criminal Law for New York on
Answered on Nov 12, 2018
Aubrey Claudius Galloway's answer
Well to be honest, just like in the federal government legislative branch is responsible for creating lot. Short of running through progress, I would suggest calling your local congressman or congresswoman and speaking to them about it. That is their job, to represent their constituents i.e. people like you in their jurisdiction up in Albany. I don’t exactly understand what your question is, but the bottom line is unless the woman is committing a toward against you or a crime there’s...

Q: I have a judgement against me personally. The opposing attorney in his restraining notice, falsified the accounts naming

1 Answer | Asked in Criminal Law for New York on
Answered on Nov 3, 2018
Aubrey Claudius Galloway's answer
Was the judgment entered on the merits or on default? Your question is impossible to answer without knowing that. Henning said the same, if the judgment was injured on the merit you must have filed a notice of appeal within 30 days or you cannot appeal the decision is final. This concept is called Finality of judgments.

If, however, the judgment was entered on default, you may vacate it via a “traverse hearing” so long as the two prong test is met. Namely, if you can you show (1.)...

Q: I rented an apartment to a couple and their child . they are now 7 months behind in rent.

2 Answers | Asked in Landlord - Tenant for New York on
Answered on Oct 29, 2018
Aubrey Claudius Galloway's answer
This is very simple for a landlord tenant attorney to do; Our office handles the entire thing for $720 flat. In your situation because it is a month-to-month tenancy you may end up with 30 days notice, as you can the other party. At this point, all you need to do is provide 10 days notice to cure and you could theoretically sue for a summary nonpayment petition as well as on a holdover basis, but the former not the latter will get you your money and a warrant of eviction.

Call me; We...

Q: What is the best way to go about check fraud?

3 Answers | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Answered on Oct 16, 2018
Aubrey Claudius Galloway's answer
Our firm routinely handles these small claims cases for a flat rate of $725.

I’m NY, small claims court has subject matter jurisdiction over amounts in dispute between $0 and $5000; civil court between $5000 and $25,000, and supreme court in New York entertains cases where the amounts sort by plaintiff and our defendant and counterclaims exceeds $25,000.

For a debt of around $3000 search is this one I would recommend hiring an attorney and bringing in action in small...

Q: If I have 50/50 custody of my son is the mother entitled to %17 percent of my income in New York?

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Answered on Oct 1, 2018
Aubrey Claudius Galloway's answer
OK, you have two choices and you have to (at least I strongly recommend) do one or the other or your wife may be able to ultimately argue you have abandoned your son.

You may either (1). Petition the family court for full custody or for whatever you want OR (2). You and your baby mama meet with an attorney together (our office does these things for $500 flat) and hash out a temporary (or final) Order of custody. In this the issues of physical and legal custody will be addressed and a...

Q: Officer nevr served me a traffic ticket the clerk at the station handed it to me with the police report am I responsib

2 Answers | Asked in Traffic Tickets for New York on
Answered on Sep 28, 2018
Aubrey Claudius Galloway's answer
1. It depends on the circumstances - I or any other criminal attorney can give you an answer on this - just call for a free consult - text - consult to 914-912-1555 and myself or my traffic guy Michael Palumbo will get back to you; 2. You definitely need to speak to someone (I will speak to you free) and will likely need a lawyer to make a motion to quash the charge (which depending on the lawyer will cost between $350 and $1000

Best

Aubrey

AG3LAW.COM

Q: Can a landlord remove furniture from our premises?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Sep 7, 2018
Aubrey Claudius Galloway's answer
It depends on the terms in your lease. Generally he has to give you a reasonable notice to enter your apartment… This is normally 24 hours. The answer is pretty simple though, if you made it clear to him that you wanted to keep the property, then you have what we call “ rights to the property superior to all except the true owner”; as such, if you openly into notoriously told the landlord you wanted to keep the property and he threw it out without your permission that is civil...

Q: My school changed a rule where i have to go back to another class that i passed and got the credit

1 Answer | Asked in Consumer Law, Criminal Law and Education Law for New York on
Answered on Sep 1, 2018
Aubrey Claudius Galloway's answer
This is exactly the type of situation where we are often hired on a small initial hourly retainer (atty = $180.00/hr and paralegal = $75.00/hr) of like $320 and we simply solve the issue for you. If it ends up in litigation you can get attorneys fees back, but I bet a few phone calls a letters and you WILL RECEIVE CREDIT FOR THAT CLASS.

The law is clear that among all accredited US colleges and universities as well as high school that "a 1.0/4.0, or a D in letter form, demonstrates...

Q: Can we get marry and leave together while still on Parole and after finishing the D V class or P.O. can still said no?

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on
Answered on Aug 28, 2018
Aubrey Claudius Galloway's answer
It really depends on whether or not there is a TPO in place and, more importantly, whether the stairway provision has been struck from the TPO or not. If it has not, a lawyer can easily make a motion in the Family Court to have to stay away provision taken out of the order so U2 may stay together. We can probably do it for 350 bucks flat.

Call our office at 914–358-6420 or contact us via the “contact us“ portion of our website at AG3LAW.com

Q: I have had legal custody of my nephew for 8 years. My sister is trying to get him back. What can I do?

1 Answer | Asked in Adoption and Family Law for New York on
Answered on Aug 16, 2018
Aubrey Claudius Galloway's answer
Well, she will have to file something called a petition to modify a permanent order of custody. Just to get into court she will have to show a “substantial change in circumstances”; you and your lawyer will have an opportunity to re-but this. If she does manage to get the case in the court is unlikely she will win as the standard is “the best interest of the child”. Furthermore, the court errors on the side of not making changes to the child’s current lifestyle and considering you...

Q: Is it legal for a landlord in New York State to limit water usage per day?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Aug 13, 2018
Aubrey Claudius Galloway's answer
It depends on two things generally: 1. What the lease says (the lease is binding); and, 2. Who pays the water bill (you or the landlord).

If the lease is silent on the issue then he may only limit your water usage if he pays for it… However, if you offered to pay the difference the law of equity would allow you to do so. Basically, he can limited the usage for sure only if it is in the lease; he can probably limit the usage if he exclusively pays for it, but if you offer to pay or...

Q: Can I get deposit and rent back if apartment tested positive for lead and we haven't moved in yet?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Aug 13, 2018
Aubrey Claudius Galloway's answer
Yes. Call me or another Landlord / Tenant / Civil Litigation Attorney (someone who knows how to do a trial) and we will take care of it. In this sort of case I would do a free phone consultation and or a free in person consultation and would require a flat rate of $620 to get you back the security deposit and rent. Depending on the venue r in this sort of case I would do a free phone consultation and or a free in person consultation and would require a flat rate of $620 to get you back the...

Q: Good evening, On the accusatory instrument where the facts are listed, is it mandated that all facts/evidence be listed

1 Answer | Asked in Criminal Law for New York on
Answered on Aug 13, 2018
Aubrey Claudius Galloway's answer
No is the short answer, but anything that may be exculpatory must be included in discovery pursue it to Brady versus Maryland. Furthermore, however, any statements you made the People wish to introduce as evidence must be listed (if not on the accusatory instrument itself, as there are many types ie: misdemeanor complaint, felony complaint, a violation information, misdemeanor information and/or/plus a felony information) and you should make a motion to suppress these statements if you were...

Q: Is there a statue of limitation after property is damaged by the landlord, before I can sue. This is Brooklyn, NY

2 Answers | Asked in Landlord - Tenant for New York on
Answered on Aug 13, 2018
Aubrey Claudius Galloway's answer
I agree with Ms. Shay. Town and village porch have a jurisdictional small claims limit of $3000 however you may use any city court located within the county where the incident arose and sue for $5000. You can definitely record the amount your deductible went up and over time as well and likely some of the other damages… I would suggest hiring an attorney who can bring $5000 small claims suit for you at a fixed rate. For example, our firm charges a fixed rate of $620 (plus $20 filing/service...

Q: Should a non-parent; a cousin file for custody or guardianship for children in their care?

1 Answer | Asked in Family Law for New York on
Answered on Aug 9, 2018
Aubrey Claudius Galloway's answer
Yes, you may file a petition to change custody as the petitioners and the parents the respondents. At the first few hearings you will try to come to an agreement (like 4 way legal custody but primary physical custody with you. Trial or not, the legal standard to change/modify custody is what is "in the best interest of the child.

We handle these so call 9149121555 for a free consultation

In depth 2 hour initial consultation at office is $50

Q: What can I do to help my brother with criminal theft charge being thrown at him? (NY, Saratoga County)

1 Answer | Asked in Criminal Law for New York on
Answered on Aug 4, 2018
Aubrey Claudius Galloway's answer
Hire him a lawyer. We offer competitive prices for top quality representation. Contact us at 9149121555 by texting “legal inquiry” or via web at AG3LAW.com for a free phone consultation.

Hopefully I can guide you in the right direction… Aubrey

Q: Hi i was given a desk appearance ticket due to a false report but I then told the truth can I get probation or ACD?

1 Answer | Asked in Criminal Law for New York on
Answered on Aug 4, 2018
Aubrey Claudius Galloway's answer
I can probably get you an acd

Contact us at 9149121555

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