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... View More

That’s a general question and it depends largely on the individual circumstances, but here is my shot; it is likely not illegal nor a civil tort to generally “suggest “X” should be raped”.

The second statement has a better chance being viable in civil court, under the theory of... View More

There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the... View More

Probably not, unless said courts are in the same physical jurisdiction where the ship that was victimized is registered. The court of original jurisdiction is where the (non-pirate) ship is registered. For example, many cruse lines register native to the Bahamas; if one of those vessels were... View More

You probably can't from the courts side, but rather would have to go in person. I would call the clerk of the court where you paid the summons and inquire. That said, you could contact the company who issued the money order and, if you have a reference # or maybe even just your name and the... View More

I'm happy to consult you and/or your friend free of charge; my cell phone # is 914-912-1555.

What legal argument (technicality/"flaw") are you referencing in the above opinions? Also, note said opinions are not binding caselaw, but rather persuasive precident/caselaw.... View More

Yes she can ask for another attorney and be appointed one. Even though she is still a minor, at 17 she is of suitable age and discretion to have a say in custody.

Also, what sort of proceeding are you in court for? The other parent would not have full custody unless granted by the court,... View More

You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court... View More

No, unless you or someone you AB&Bed it to damaged the apartment to the tune of $800. Sue the landlord in small claims court for the $800. You have a good chance of prevailing. The landlord May argue you breached a term of the lease (oral or written); however, this defense will be difficult... View More

It depends, but you should, or have an attorney on your behalf, speak to your probation officer and explain the situation.

Was staying in the sober living house a condition of your probation? What was the nature of the "unsafe environment? A difference between either of these... View More

Not really; but you should consult an attorney. They cannot break into your phone or look at your call records without getting a warrant from a judge. HOWEVER, if the picture was ON YOUR LOCKSCREEN AND THUS IN “PLAIN VIEW” they likely have “PROBABLE CAUSE”, considered it was seized and... View More

Marital property in all likelihood but more facts are needed. We offer a free consultation at 914-912-1555.

Hope this helps/we can get

You can argue the defendant was invited into the home, but that is no excuse for any crime he committed therein.

Burglary in NY is (1) entering the premises of another (2) with the INTENT of committing a CRIME THEREIN

So the evidentiary burden is on the prosecution to prove beyond... View More

It depends if the YMCA successfully prevailed on something called either a "Non-Payment Summary Proceeding" , or a "holdover Summary Proceeding" (the former if you didn't pay rent or the latter if you held over your lease and they gave you 30 days notice to vacate) AND THEY... View More

Hire an attorney to write a cease and desist letter stopping the collection of the loan and/or wait until the sue you and then fight it out.

With a c & d letter and an attorney communicating with them, you should be able to make a good deal to pay it off for way less than half and you... View More

More info is needed but "non-TVB" means the traffic violation beuro is not assigned to it. What was it for? Let me know bc it likely is a low-level or unclassified criminal misdemeanor, meaning you should get a lawyer to accompany you to the criminal court on the date given. For example,... View More

The language in the lease prevails. I could do a quick review of it inexpensively. If you want to have a free phone consultation call my cell at 914-912-1555

Best

Aubrey

It depends on if you have any rights to physical custody and legal custody, but in the absence of any right to physical custody you cannot. If you would like to talk about this I can be reached at 914-912-1555. Best. Aubrey

There is no specific age, and the language is similar to that of the service statute.

The child cannot be the sole decision-maker in who has custody, but a child of “suitable age and discretion” can have input. The more sophisticated the child and the better the understanding the... View More

Immediately call child protective services. They have to, by law, send two agents over today to ensure that your daughter is safe. Then I would file for custody in family court in for an injunction protecting your daughter. I offer a free phone consultation and handle these cases routinely. If you... View More