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Questions Answered by Aubrey Claudius Galloway
1 Answer | Asked in Criminal Law for New York on
Q: If you are charged with a misdemeanor for petit larceny, does a background check show the exact nature of this charge?

For example, will the background check have the words 'petit larceny' in it or does it just list the fact that you have an upcoming court date for an ambiguous charge?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Nov 22, 2017

It really depends. Your adverage “background check” likely won’t show it; if they do you can maintain your innocence and get a lawyer to have it taken down.

The only place it will be (unless someone messes up...which happens a good deal) is on WebCrims NYWEBCRIMS.com I think but...
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2 Answers | Asked in Contracts and Small Claims for New York on
Q: Wanna sue for money borrowed in middle of 2013 for moving help in nyc

Sister borrowed $4k for help moving and i loaned her on promise she would pay when on her feet. Ive asked several times over years only getting excuses everytime. This year an irreperable rift has come between us and the repair of the relationship is highly unlikely. It is about the money as its... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Nov 23, 2017

Google “Small claims forms (‘insert correct county and state)’ for the DIY user or speak to a firm that knows the local parts.

If you would like to talk for a free consult, I’ll be on my cell over thanksgiving

Aubrey

914-912-1555

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1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I lived in NY and I rent a parking space in a month to month (no contract) for $200.00 per month for the past 3 years.

The owner of the building recently leases out ALL parking space in the garage to a parking company. This parking company wants to renew leases and raise the price to $250 per month. I am okay with the pricing and I would like to continue rent my current parking space because it’s right next to... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Sep 15, 2017

Unless you have a long-term lease for the spot, this is analogous to an apartment rental. You are likely a month to month renter of the space and either party can vacate the agreement anytime.

I would suggest a champion to pay the garage $250. If they except it then they have to grant you...
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1 Answer | Asked in Criminal Law and Animal / Dog Law for New York on
Q: My neighbor threatened to report my dogs as dangerous and report my yard to the city as too messy

Because i would not meet his demands for changing my fence and i told him to keep his dogs off my property and away from my fence. The fence is 2 feet into my property. Rpd said his threats were not harassment since he did not threaten bodily harm. He still allows his dogs to come to the fence... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Sep 15, 2017

I would just file it in city court and ask for an injunction. Feel free to call me if you have any questions… Our firm can do this for $720.

Aubrey

9149121555

AG3LAW.com

3 Answers | Asked in Civil Litigation and Small Claims for New York on
Q: Can I find an old case in Queens NYC small claims court?

It was a missed court date and want to know if a judgement was entered

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Sep 15, 2017

If you are the defendant, it depends on whether or not the opposing party satisfied the burden for an inquest. If you are the plaintiff, your case is likely dismissed, but without prejudice… Meaning you can bring it again. Next time I would hire an attorney for a small fee and send him her to go... View More

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2 Answers | Asked in Civil Litigation for New York on
Q: If I win a money judgment, how quickly can I expect to be paid? What if the other party appeals?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Sep 6, 2017

That totally depends. First off, a money judgment is only a piece of paper. You o that totally depends. First off, a judgement is nothing but paper ( this is called a transcript of judgment and you are lawyer needs to pick it up from the court where made). Next step. You or a lawyer representing... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: both parents move out of state(2 different states), can the state prior take jurisdiction over the new state filed in?

Both parents moved out of the state they lived in for a year, to two different states. The father filed emergency custody and was granted in his new state. Mother went to previous state to contest and then was granted custody over the new state order without discussing with fathers state. Does the... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

As they both have standing the first order will be effective, and it would be up to the other party to show "a change in circumstances" to get that prior ruling reversed.

So the father is in good shape here. Hire an attorney and file a petition to amend the custody order based...
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1 Answer | Asked in Contracts and Family Law for New York on
Q: If in a relationship for 39 years and separated not married and the other partner receive settlement would I be entitled
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

Probably not. Although I do not believe New York law accounts for common law marriage (which would be your only shot) this is something that we will be able to look into it for you. That said, lawsuit winnings are not part of equitable distribution in a divorce, at least in New York State.... View More

2 Answers | Asked in Contracts, Copyright, Business Law and Patents (Intellectual Property) for New York on
Q: Where can I search if my bottle design already has a patent or not?

I'm planning on launching a new product line and have a design for a bottle I'd like to put in production but would first like to know if the design already has a patent with the US gov't.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"

Please feel free to contact my office if you would like a free consultation.

Aubrey C. Galloway III Esq

Law Office of Aubrey C....
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1 Answer | Asked in DUI / DWI for New York on
Q: Is the penalty worse if I'm convicted of a DUI and am not old enough to get my drivers license?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

Theoretically, although if you are under 16 your attorney should argue that you should NOT be tried as an adult. Generally, we are able to get these sort of cases dismissed in contemplation of dismissal on a "Youthful Offender" (YO) status. This should be brought to the courts... View More

1 Answer | Asked in Real Estate Law, Elder Law, Health Care Law and Landlord - Tenant for New York on
Q: Constructive trust? I asked before! If I paid for an extension on my sons house and he claimed me as a dependent Can he

just sell the house and leave me homeless? I am now 84 years old!

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

It is impossible to answer this question without reading the documents. Our office provides untethered legal services so if you would like we can review the matter for you had a very low cost and advise you appropriately. At that point you will know where you stand legally, they can make the... View More

2 Answers | Asked in Employment Law, Health Care Law and Personal Injury for New York on
Q: I was a social worker at a drug and alcohol rehab. A friend of mine from high school came into the facility. We went

out together and now he is suing me for inappropriate contact. Does the fact that he came into a place where I was working mean that I can no longer be his friend?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 18, 2017

No.

But to fully answer your question I will need more details. However, briefly, your last sentence is likely not an issue. For him to establish a claim for medical malpractice, or negligence in general, he must prove four things.

1. The you owed him a DUTY of care up to the...
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1 Answer | Asked in Criminal Law for New York on
Q: My grandson accepted a 6 year sentence offered for sales of controlled substance 3rd. He has no other crimes.

The judge added 10 more years because he missed court date. He his being moved from Min security prison to max. What can we do?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 13, 2017

That sentence is incredibly harsh, and wAy behind the sentencing guidelines. If he planted 3rd° offense, there should be a mutual deal made between his counsel, the ADA and the judge. Because he played guilty, he waived his right to a trial and/or an appeal. That being said, if his attorney had... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Consumer Law and Real Estate Law for New York on
Q: My son advised me when I was over 70 yrs old that if I financed an extention on his house it would be better than

living alone and he would take me as a dependent and I would have place for life NOW he says he is selling house and I have to move I am 84 and living on SS What should I do? I spent over 70K for the addition!

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 13, 2017

Proceed with caution. Obviously there are none facts here for me to get a full answer, but I would look at the nature of your relationship with your son, your current living situation, and the present status of your son loan on said property.

If you would like a free consultation you may...
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1 Answer | Asked in Domestic Violence, Family Law and Immigration Law for New York on
Q: Is there any way that I can bring up abuse In the court if I didn't report it? I have pictures of my bruises.

I'm married to a permanent resident I'm here using my visitors visa and my spouse keeps hitting me. Is it possible to get my green card even if we divorce?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

The answers are yes you can report him, in at least three different ways, and; as the law says now, you may still obtain permanent residency. You may file a complaint against him to do pleas as the law says now, you may still obtain permanent residency. You (or better your lawyer) may file a... View More

1 Answer | Asked in White Collar Crime for New York on
Q: I got a confirmation number to pick my property up, does that mean the investigation is over?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

Unless you signed a consent order then no, someone is trying to steal your property. Any sort of matters that either needs to be a trial/hearing or a formal settlement before a judgement can be issued allowing them to get something called a "property execution" for the Marshall to take... View More

1 Answer | Asked in Criminal Law, Environmental and Juvenile Law for New York on
Q: My 16 yr old son is visiting me in hyde park from Florida and shot a Canadian goose with a bb gun and killed it.

THE DEC GUY SAID THAT BECAUSE ITS A PROTECTED SPECIES THAT ITS SERIOUS AND THEY CAN DO A ADMINISTRATIVE HEARING AND MAKE IT A CIVIL MATTER AND BE DONE IN ONE DAY OR KEEP IT CRIMINAL AND WE WOULD HAVE TO FLY HIM BACK AND FORTH FOR COURT EACH MONTH. I DON'T KNOW WHAT'S THE BEST ROUTE TO... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

I I'm quite familiar with this type of matter. It is a very complicated issue with far reaching conclusions most people are able to see ( future ability to get into college/get a job/obtain professional license.

One of my passions is juvenile law because I wasn't an angel growing...
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1 Answer | Asked in Traffic Tickets for New York on
Q: can you apply for a conditional license after 8 years with a permanent revocation in NY with extenuating circumstances

I have progressive MS and am unable to receive treatment

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

Yes you can, and one of my partners I can put you in touch with is the best in the business at this (and won't break the bank).

Please feel free to contact our office at +1 (914) 912-1555 or my cell at +1 (914) 364-6327 and I'll be happy to give you some free advice, as I know...
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1 Answer | Asked in DUI / DWI for New York on
Q: If I'm pulled over for drunk driving, can I insist on speaking with an attorney before I take any breath or blood tests?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

Yes, but it is very uncommon for a defendant in this state to do so, especially with all the officers yelling and being ass#0l*s.

You should talk to an attorney now though, immediately. If I were handling the case, depending on the nature of the stuff I would demand a probable cause hearing...
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1 Answer | Asked in Small Claims for New York on
Q: My son died in October 2017 his older brother came and took his favorite Jersey can I sue him to get the Jersey back
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Aug 9, 2017

Yes you can and you WILL WIN on the issue if liability, you just might get the jersey back and attorney's fees.

Our firm handles small claims cases up to including $5000, the jurisdictional limit for the score in New York, for a flat fee of $620.

Please feel free to contact...
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