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Questions Answered by Aubrey Claudius Galloway

2 Answers | Asked in Family Law for New York on

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

Aubrey Claudius Galloway answered on Dec 11, 2018

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... Read more »

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1 Answer | Asked in Criminal Law for New York on

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

Aubrey Claudius Galloway answered on Dec 2, 2018

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?... Read more »

1 Answer | Asked in Criminal Law for New York on

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

Recently we had a woman wreaking havoc in our area doing this because she knows she's within the limits of the law.

Aubrey Claudius Galloway answered on Nov 12, 2018

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.... Read more »

1 Answer | Asked in Criminal Law for New York on

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

About 20 of my business accounts and freezing one. Is this a criminal offense? I think it meets the definition of fraud and falsifying documents which is a criminal offense not. civil one. Am i correct??

Aubrey Claudius Galloway answered on Nov 3, 2018

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... Read more »

2 Answers | Asked in Landlord - Tenant for New York on

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

I now learned from neighbor that she took in a new partner and she previously told me that she will pay half the rent and her first partner will pay half and pay the rent owned previously. Looks like she threw him out

Do I have to allow this new person to live... Read more »

Aubrey Claudius Galloway answered on Oct 29, 2018

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... Read more »

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3 Answers | Asked in Criminal Law, Identity Theft and Small Claims for New York on

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

My ex-boyfriend took 5 checks from me and wrote them out to himself. Signed my name and everything. The total loss was $3095. I have made a claim with my bank, what is the best course of action to hold him responsible and get my money back?

Aubrey Claudius Galloway answered on Oct 16, 2018

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...
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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on

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

The mother wants 17 percent of my income to supplement her income most likely because she can't go out drinking 3 times a week. If she can not afford to raise my son half of the week I would much rather he be with me full time to make sure his life is as good as possible. We were never married and... Read more »

Aubrey Claudius Galloway answered on Oct 1, 2018

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...
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2 Answers | Asked in Traffic Tickets for New York on

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

Ticket was running a stop sign causing an injury crash. I was never served by a police officer. The clerk handed it to me with the police report. Am I still legally responsible? Should I get an attorney?

Aubrey Claudius Galloway answered on Sep 28, 2018

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... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on

Q: Can a landlord remove furniture from our premises?

Hi, I'm a college student living with three other college students in the downstairs apartment of a two-apartment house. The situation is that after we signed the lease for the apartment, the landlords couldn't find anyone to live upstairs, so they decided to sell the house to a young couple who -... Read more »

Aubrey Claudius Galloway answered on Sep 7, 2018

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... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Education Law for New York on

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

Hi I go to baruch. My school is making me take a class that I passed in fall 2017 again because they have change the rules.

I took precalculus and passed with an D. Then i went on to calculus and failed. Now during mid semester of taking calculus the school was encouraging studens to drop... Read more »

Aubrey Claudius Galloway answered on Sep 1, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on

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?

I am on Parole and due to a call my fiance made during the beginning of our relationship, my loudness due to hearing problems I was not aware of got her scare. We have been living together before for 3 years.the reason I am on parole is because I left NY to go with her to NC with out permission,... Read more »

Aubrey Claudius Galloway answered on Aug 28, 2018

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.... Read more »

1 Answer | Asked in Adoption and Family Law for New York on

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

In the past 8 years my sister has maybe seen my nephew 9 times. She has been drug dependent for years, in and out of jail and is currently incarcerated however will be released in October. She will not relentquish her rights. However I dont believe it is in his best interest to be with her when he... Read more »

Aubrey Claudius Galloway answered on Aug 16, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for New York on

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

Aubrey Claudius Galloway answered on Aug 13, 2018

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...
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1 Answer | Asked in Landlord - Tenant for New York on

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

Apartment just tested positive for lead, I am pregnant and have a three year old so I told the landlord we could not live there safely and wanted to void the lease. Landlord is not following EPA RRP guidelines to fix it and instead is just going to paint and scrape the windows affected. She will... Read more »

Aubrey Claudius Galloway answered on Aug 13, 2018

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... Read more »

1 Answer | Asked in Criminal Law for New York on

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

As they are known at the time of filing.

Aubrey Claudius Galloway answered on Aug 13, 2018

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... Read more »

2 Answers | Asked in Landlord - Tenant for New York on

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

My car was damaged by the a large ceiling piece falling on it. There is no camera. After car damage, nobody called us, they just cleaned up, leaving some debris. There is police report, and many pictures taken. I asked around and nobody "knows anything". The superintendent was fired after just... Read more »

Aubrey Claudius Galloway answered on Aug 13, 2018

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... Read more »

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1 Answer | Asked in Family Law for New York on

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

Children are living with cousin and cousin needs to be able to obtain medical/dental insurance for children and get assistance for children.

Aubrey Claudius Galloway answered on Aug 9, 2018

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... Read more »

1 Answer | Asked in Criminal Law for New York on

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

My brother is 26 years old, he was getting groceries at walmart at a self check out and while talking with someone missed scanning a single item worth $30. Before he made it a few feet a security officer stopped him, went through his bag, and pulled out the item informing him that he didn't pay for... Read more »

Aubrey Claudius Galloway answered on Aug 4, 2018

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

1 Answer | Asked in Criminal Law for New York on

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?

Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation or an ACD and no jail time I’m almost 7 months pregnant and have a 4 year old Please help firt time I’ve ever been to court or have written a report or anything I’m scared... Read more »

Aubrey Claudius Galloway answered on Aug 4, 2018

I can probably get you an acd

Contact us at 9149121555

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