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answered on Aug 10, 2024
In New York, the use of a firearm for self-defense is governed by specific laws. Here are some key points to consider:
1. **Self-Defense Laws**: New York law permits the use of reasonable force to protect oneself from imminent harm. However, the use of deadly force (such as shooting... View More 
The roof has been leaking and the roofer has been out. It is still leaking. The wall in the kitchen has soft spots on it and is leaking onto our stove. A mold inspector came out and verified there is a lot of mold in the basement needing remediation. There is probably mold throughout the house as... View More
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answered on Aug 10, 2024
Dealing with mold in your rented home can be concerning. Here are the steps you should take:
1. **Notify Your Landlord**: Inform your landlord or property management company immediately about the mold issue. Provide them with the report from the third-party lab as evidence.
2.... View More
Lease expired after first year of living in building. I've lived there for 3 years as an oral month to month agreement. The landlord claims because of the water bill the rent is increasing. They're responsible for water on the prior lease and the notice was over text not written.
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answered on Aug 10, 2024
In your case, the landlord needs to provide 90 days written notice before increasing the rent in the month-to-month tenancy, you are living under. Here are some of the rules and laws relevant to your situation along with analysis and citations to statutes etc.
In New York State, landlords... View More
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answered on Aug 10, 2024
Selling T-shirts with images of President Donald Trump in the U.S. involves several legal considerations, primarily related to trademark and copyright law. Here are some important points to consider:
1. **Public Figures and First Amendment Rights**: In the U.S., using images of public... View More
someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?
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answered on Jul 12, 2024
Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
What should I do if I got 2 tickets, one being “speed not reasonable and prudent” but the speed was not listed on the ticket, and the other “moved from lane unsafely”. I double yellowed a car going a little below the speed limit and just as I did, a cop was a little ahead and saw me do... View More
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answered on Jul 8, 2024
If there is a way to plead not guilty online then I would do that and click on “request a hearing”. Many jurisdictions will simply give you an offer at that point and you can resolve the ticket for less. If not, go to the hearing and explain yourself (often times they have a court clerk to... View More
My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?
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answered on Jun 28, 2024
Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More
And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet
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answered on Jun 28, 2024
In New York, tenants have several options for filing complaints against landlords outside of court actions:
1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR.... View More
i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?
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answered on Jun 26, 2024
A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More
They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?
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answered on Jun 26, 2024
Your lawyer can try to suppress the evidence by having a suppression hearing.
To suppress evidence found during a search of a house, the defense attorney may argue the following points:
1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This... View More
I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means
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answered on Jun 26, 2024
The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More
Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More
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answered on Jul 2, 2024
Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More
Lawyer is not providing me the letter stating they have dropped me as a client. It's Been couple of months and everytime I call either they say they sent it or the the person handing my case is not avaliable.
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answered on Aug 10, 2024
Write them an email and ask for a copy of it. Follow up with a phone call referencing the email and be very nice.
what circumstances would this form be needed?
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answered on Aug 10, 2024
A "Tenant Affirmation of Noncompliance" is a legal document used in New York State in the context of housing court proceedings, particularly in cases involving nonpayment of rent or other lease violations. This form is typically used by tenants to assert that the landlord has not complied... View More
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answered on Aug 10, 2024
In New York State, the statute of limitations for residential rent arrears is generally six years. This means that a landlord has six years from the date the rent was due to file a lawsuit to recover unpaid rent.
Here are some key points to consider:
1. **Six-Year Limit**: Under New... View More
I live in NY where payday loans are illegal. I was so desperate and needed money. I used the address
of a shipping company in Delaware that has virtual PO boxes. I borrowed 4 loans, a total of $5,000. It seems like a lot but it barely scratched the surface. It was a very poor decision and I... View More
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answered on Jul 23, 2024
Don’t bring anything up with the DA/AG. Pay the loan back and if you cannot, contact the company to modify it/make a payment plan. They have way bigger fish to fry.
I have an order of protection against my abusive husband.
I am not a citizen and I might apply for naturalization soon.
I am worried about the Good Moral Character requirement.
I suspect that I might find drugs and I want to make sure not to be committing possession in... View More
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answered on Jul 12, 2024
You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).
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answered on Jun 28, 2024
I believe so, but you might have to be 21. I would Google it.
lost his wallet. To make a long story short, I ended up giving him more than $1,000. At one point, he left a fake Rolex watch in my car. I later learned the watch was fake, thus confirming that I really had been swindled.
I want to file a police report, but they are claiming this was an... View More
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answered on Jun 26, 2024
This is a civil issue. File a claim against him in small claims court for the $1000 plus fees and expenses.
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