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How do I bring my fieance home? I live in Franklin County in Columbus Ohio my fiance was arrested here for a traffic ticket which turned out to be a hold and it cause him not to be let go and the claimed they were holding him for New York for a warrant BUT New York's Statute of Limitations on... View More
answered on Apr 29, 2017
It sounds like he has a bench warrant. The statute of limitations was satisfied when the officer filed charges with the court. Speedy trial timelines are tolled for the time the defendant absents himself from the court proceedings. Bench warrants don't go away until the defendant appears on... View More
The letter was addressed to two people and neither person signed for it, but it was signed through the mail room at the company.
answered on Apr 29, 2017
Maybe. There's more than one way to serve someone in New York and following up with a mailed letter is a component of several different ways to execute proper service. Now would be a good time to retain counsel to answer the summons/complaint/petition before you end up with a default judgment.... View More
If my house is in a trust and one of us needs long term care will any cash, stocks, bonds, etc be taken by the state or can it be transferred away.
answered on Apr 29, 2017
There's more than one way to own property. Self-settled trusts are subject to the 5 year lookback period. You should retain counsel to come up with a better plan than what you have right now.
answered on Apr 29, 2017
Your license will be suspended at the first court appearance under New York's mandatory prompt suspension law. You should retain counsel to minimize the damage as well as the license suspension.
Slip and Fall accident on the landlord property September 2014. ORIF Surgery. 12 weeks off work. Had a lawyer working on my case. The judge dismissed the case as there were not enough evidence to prove negligence. I believe that guardrail could have prevented me to go on the slope where I... View More
answered on Apr 21, 2017
It sounds like you lost a summary judgment motion & that you don't agree with the court's decision. Your remedy is to take an appeal to the Appellate Division. The time to file a notice of appeal is measured in days, so that should be your first priority. Appellate work is expensive,... View More
My friend was in a car accident on Monday. Town police were at the scene. He provided his license. Five days later, he received a summons by mail, issued well after the incident. Again, when he was I longer within the jurisdiction of that town's police.
answered on Apr 21, 2017
Yes. The statute of limitations clock is tolled for the time the defendant is away from the jurisdiction.
Husband has a history of job instability. Wife is main and at times only source of income. Husbands habits have caused debt.Is husband entitled to home and her pension if they divorce
answered on Apr 19, 2017
Under New York's equitable distribution law the court will divide the marital property between spouses irrespective of who's name is on the title.
answered on Apr 19, 2017
The sentence will ultimately depend on your prior convictions.There's also post-indictment plea limitations that could come into play depending on what stage of the proceedings your case is at right now. You should retain counsel to negotiate the best possible disposition.
answered on Jan 5, 2017
Very few people "win" on appeal. Those few who "win" their appeal, end up getting their case sent back to the trial court to either fix some legal issues or for a new trial. Only a very small fraction get their cases dismissed on appeal due to insufficient evidence.
You... View More
The person is caught by security camera, consuming cocaine. The person is not caught by law officers possesing cocaine or anything, just recorded in restaurant. Is the police going to investigate this or get involved at all? Is the restaurant obliged to hand this evidence to police? Thanks.
answered on Dec 27, 2016
This would be a very difficult case to prosecute because the DA's office would need sufficient facts to prove the substance the person in the video snorted was in fact a controlled substance. See: People v. Dumas, 68 N.Y.2d 729 (1986).
If you are arrested, make sure you exercise both... View More
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