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Questions Answered by Aubrey Claudius Galloway

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

2 Answers | Asked in Criminal Law for New York on

Q: Deleted interpol data and FBI identity history summary report

I was unaware of an interpol notice against me until I received my FBI identity history report. I then contacted NCB of Qatar, the notice issuing country (same as where I reside) to inquire about the interpol case. In the meantime, I also got a clear police report from Qatar police and court... Read more »

Aubrey Claudius Galloway answered on Aug 4, 2018

You shouldn’t do anything; you should hire a lawyer to do this for you. The stakes are too high. Further, you could probably have this entire matter handled for a couple hundred bucks. Please feel free to text “legal inquiry” to 9149121555 or contact us via web At AG3LAW.com for a free phone... Read more »

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1 Answer | Asked in Criminal Law for New York on

Q: Got a DAT in New York penal code 210.45 what are my chances of getting an ACD

I wrote a false statement (false check)which I never wrote or deposited someone else did but then said the truth I really don’t want to go to jail help please also they took my phone for evidence how long can they stay with my property ? ?

Aubrey Claudius Galloway answered on Aug 4, 2018

Your chances are very good at getting an ACD if you have a clean criminal record… Worse comes to worse we could probably get a conditional discharge for an unclassified misdemeanor as opposed to the highest count you are being charged of, an a misdemeanor. The key is that you have representation... Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on

Q: What happens if an illegal immagrent gets caught driving with out a license and registration, insurance is not theirs

Aubrey Claudius Galloway answered on Aug 4, 2018

It depends on the jurisdiction, but pleading guilty could affect immigration status and any judge will tell this to a defendant prior to a plea. In general, these cases are criminal if the person has a “guilty mind” meaning that they knew the license and our registration was expired; if they... Read more »

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

Q: Was under assumption first marriage was annulled but is not. Being charged with bigamy. What do I do?

New york state, first marriage I assumed was annuled. I am only 23. I remarried. Being charged with bigamy

Aubrey Claudius Galloway answered on Aug 4, 2018

This is a relatively straightforward case to defend and would cost somewhere around $700-$1200 depending on the stage of the matter. I believe bigamy requires a guilty mind, or “mens rea” as we call it, so we have a number of different defenses we can use. Also, in these cases I generally... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: if you feel like a judge is being bias and unfair, how do you go about addressing that?

i judge chose not to suppress evidence even though, there is clear information that shows it should be

Aubrey Claudius Galloway answered on Aug 4, 2018

Have your attorney asked the judge to recuse himself. That is really the only way to do it, and often times they will refuse, but by having your attorney voice your complaint on the record you preserve the issue for appeal. After the fact, are now but it’s not going to help you directly, you can... Read more »

1 Answer | Asked in Traffic Tickets for New York on

Q: Is a strip mall parking lot considered to be a "public highway" a la Title 7—Article 33—1212 ( NY Veh & Traf L § 1212 )?

How does 2015 New York Laws VAT Title 7, Article 23 1100 apply to this? Is it saying that "public highway" and "parking lot" are synonymous?

Aubrey Claudius Galloway answered on Aug 4, 2018

No

If someone is trying to tell you that it is call me and hire me and I will make sure it is fixed. It is definitely not a public highway, giving you a defense to DWI under certain circumstances as well as a defense to driving without a license, at least the criminal version of it which...
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1 Answer | Asked in Traffic Tickets for New York on

Q: Got a ticket in May. Went to hearing, no record of it. Court called and said the ticket appeared and so must I. Do I ?

It's 4 months later. Do I have a defense or rights

Aubrey Claudius Galloway answered on Aug 4, 2018

Yes; we have a gentleman who is “of counsel” that handles ONLY TRAFFIC TICKETS AND there is a money back guarantee if you don’t win. Even though we charge $700, we guarantee a partial refund if it is not completely dismissed and a full refund if U get any points.

Let me know if u...
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3 Answers | Asked in Criminal Law for New York on

Q: Can Florida extradite me from Tennessee if I had a charge for not register as a felon never went back for finish case?

My attorney said I can go back to my state so I did and never went back to finish case went on vacation to FLA just never registered as a felon got pulled over and ran ne put me in jail seven days will Tennessee cooperative with Florida if I live in Tennessee will I get extradition? Hope I won't

Aubrey Claudius Galloway answered on Aug 4, 2018

If you are warranted in Fl (any attorney can find this out for you for a nominal fee) then YOU WILL BE EXTRADITED if your name / DOB / Social is run by the cops.

That said, unless you get in trouble (or even just stopped) the warrant will show and you will be arrested and charged with...
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1 Answer | Asked in Traffic Tickets for New York on

Q: I got a parking ticket and it says plate type n/s is and my plate is srf is it ganna show on my plates

Aubrey Claudius Galloway answered on Aug 4, 2018

No, but if I understand right you will need to go to court or send an attorney to get this dismissed. One of my junior of counsel attorneys can handle for $180 flat

LMK

Aubrey

AG3LAW.com

(Use “contact us” form or call 9149121555)

3 Answers | Asked in Criminal Law and Libel & Slander for New York on

Q: Former NY Knicks power forward has been charged with a felony. What impact could that have on his lawsuit?

Aubrey Claudius Galloway answered on Aug 4, 2018

As Sam said, it depends on the lawsuit; generally other bad acts are not admissible bc the prejudice outweighs the probative value of the fact.

That said, if the civil suit stems from the criminal conviction, he is liable “per se”. The reason is simple really; if he is guilty “beyond...
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3 Answers | Asked in Criminal Law for New York on

Q: Was charged with a pl 210.45 first offense ever only 19 yrd old can i get an ACD offered first court day?

Aubrey Claudius Galloway answered on Aug 4, 2018

Do you have a record? What is the venue. I assume you were given a DAT if arraignment has not yet occurred. I can generally get these ACD’ed, if not at the arraignment, at the first AP hearing assuming you have no significant record and it is not in a bad venue.

Text “legal inquiry”...
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2 Answers | Asked in Criminal Law for New York on

Q: Is a previous unreported and privately settled crime useful for PD & DA investigating and trying the case?

Individual arrested grand larceny 2nd for stealing more than $50k from employer. Individual committed similar crime about 8 years ago but in lieu of pressing charges the employer agreed to restitution + 30% ($130k). Would this info be helpful to police and prosecutors to establish a pattern?... Read more »

Aubrey Claudius Galloway answered on Aug 4, 2018

It depends; the law of evidence on this is straightforward and simple though.

If the probative value of the previous crime outweighs the potential prejudice to the defendant, then absent a gag order, it is in. If the judge finds the evidence to be to prejudicial it will be out.

A...
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1 Answer | Asked in Appeals / Appellate Law for New York on

Q: Seeking pro-bono appellate attorney for third division to vacate divorce decree

Aubrey Claudius Galloway answered on Jul 18, 2018

We cannot do this pro bono but we can do it at the 18-B rate (that’s one of court appoints you to represent someone) of $95/hour. Our paralegals would do most of the paperwork but everything will be reviewed by myself or one of my of counsel attorneys and I will make all court appearances and... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Native American Law for New York on

Q: Hello I am a concerned father,my son was convicted at trial for a case he never knew nothing about and lost at trial

We obtain private legal representation and they never came to see my son.he just got sentence to 10yrs and has no record the attorneys were inaffected

Aubrey Claudius Galloway answered on Jul 18, 2018

This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.

My practice is chiefly concerns criminal law, and I have been...
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2 Answers | Asked in Civil Litigation for New York on

Q: I signed a contract with a contractor and gave deposit for an addition to be put on our house on May 13.

The contract states “ job can start in 8-10 weeks”.

That will be this Saturday. I’ve unfortunately had minimal contact with him because he’s not returning my phone calls. Can i legally get out of the contract if nothing starts by Saturday?

Thanks

Aubrey Claudius Galloway answered on Jul 18, 2018

Well, first off, just because Something is written doesn’t necessarily make it by then… In fact, in most cases oral contracts are just as legally binding as written ones. In both cases, however, if a “material term of the contract” is breached, and no harm will be bestowed if the contract... Read more »

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2 Answers | Asked in Civil Litigation for New York on

Q: I have an old 2009 case I re-opened for non-payment. Hired a PI to find person, learned they moved to Virginia ~2yr ago

Want to add PI fee's to case; PI I hired and others I inquired all said fee's can be reimbursed by defendant if request it to court. NY court clerk says no, maybe VA will do. VA court clerk says NY court would need to add on since fee weren't part of orig judgement. Trial judge on case has long... Read more »

Aubrey Claudius Galloway answered on Jul 18, 2018

I agree with my colleague Mr. Siegel…This is not your move here. You do have some other options however. Feel free to reach out if you would like to discuss. I can be reached at 914-912-1555. Aubrey.

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1 Answer | Asked in Criminal Law and Identity Theft for New York on

Q: What happens if I was given an HR password and used it to log into the account and saw information about myself?

Someone at work has given me the password to HR gmail account. They told me to look in it for something related to my company trying to terminate me. I looked but cleared my browser history. I mistakenly kept the password in a draft message in my email gmail account. What criminally can I be... Read more »

Aubrey Claudius Galloway answered on Jun 22, 2018

Although you "could be charged" by the police for a violation or low-level misdemeanor (like criminal mischief), the DA will probably decline to prosecute and even if they do, nothing will likely come of it. You lacked the "Mens Rea" (or guilty mind) for a more serious criminal offense or to make... Read more »

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