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Questions Answered by Joshua Bannister
1 Answer | Asked in Criminal Law, Personal Injury and Legal Malpractice for New York on
Q: Ohio holding for New York, 10 year warrant 3 year Statute of Limitations in New York they're not coming what do I do?

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 this... Read more »

Joshua Bannister
Joshua Bannister 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 the... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can a certified letter that goes through the mail room, count as the defendant was served?

The letter was addressed to two people and neither person signed for it, but it was signed through the mail room at the company.

Joshua Bannister
Joshua Bannister 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.... Read more »

2 Answers | Asked in Estate Planning and Elder Law for New York on
Q: If my wife and myself have durable Power of Attorney for each other does the 5 year look back period apply.

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.

Joshua Bannister
Joshua Bannister 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.

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2 Answers | Asked in DUI / DWI for New York on
Q: Is it likely that a driver will have their license suspended after their first DUI offense?
Joshua Bannister
Joshua Bannister 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.

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1 Answer | Asked in Real Estate Law for New York on
Q: I was recently told by someone the property line begins at the historic high tide water mark. Is this true?
Joshua Bannister
Joshua Bannister answered on Apr 19, 2017

The public has a right of way up to the high water mark.

3 Answers | Asked in Appeals / Appellate Law and Personal Injury for New York on
Q: What kind of a lawyer can help me to file an appeal?

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... Read more »

Joshua Bannister
Joshua Bannister 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, so be prepared... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: Can a town court issue a ticket for a 509.1 AFTER the person has already left their jurisdiction?

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.

Joshua Bannister
Joshua Bannister answered on Apr 21, 2017

Yes. The statute of limitations clock is tolled for the time the defendant is away from the jurisdiction.

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3 Answers | Asked in Family Law for New York on
Q: House was purchased during marriage. Deed and mortgage only in wifes name. Down payment was a gift to the wife.

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

Joshua Bannister
Joshua Bannister 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.

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3 Answers | Asked in Criminal Law for New York on
Q: I was charged with attempted burglary in the 2nd degree what could be my sentence
Joshua Bannister
Joshua Bannister 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.

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2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Traffic Tickets for New York on
Q: When can you ask for a conviction to be reversed and dismissed on appeal verses being reversed and remanded?
Joshua Bannister
Joshua Bannister 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 can see this for...
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2 Answers | Asked in Criminal Law for New York on
Q: Person is recorded by security cameras in restaurant, consuming cocaine.

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.

Joshua Bannister
Joshua Bannister 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 your...
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