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Questions Answered by Andrew S. Tabashneck

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law and Gov & Administrative Law for New York on

Q: I have one question and that is --do judges and district attorney accept letters from families ?

my daughter was arrested for trespassing 2nd degree.

she is a crystal meth /heroin /bath salts user- she self injects including her legs - has had sepsis 3 times hospital. I do not want to ask for mercy I want them to know how bad things are....

I want the judge and or DA to know... Read more »

Andrew S. Tabashneck answered on May 9, 2018

I am very sorry to hear your are going through this.

To answer your question, yes, you can most certainly send a letter to the judge and the district attorney. In fact, you could even call the district attorney, or the assistant district attorney assigned to the case, and ask to meet with...
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1 Answer | Asked in Criminal Law, Education Law and Internet Law for New York on

Q: My daughter is 15 and a 19 year old is threatening her in school and social media. Can I press charges for harassment?

Andrew S. Tabashneck answered on May 8, 2018

In New York, there are a number of harassment laws. Generally such laws prohibit a wide array of activities intended to harass, annoy, threaten, or alarm people.

If this 19 year old is threatening and engaging in behavior that would cause a reasonable person to feel annoyed, then at the...
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1 Answer | Asked in Family Law and Child Custody for New York on

Q: I gave my sister custody of my child but she wants to give it back, how do i regain custody ?

Andrew S. Tabashneck answered on May 8, 2018

It is difficult to answer this question without a little more information. When you that you gave your sister custody of your child, I am curious as to whether a court order was involved. For instance, did you both come to an agreement and was the agreement then made formally part of a court order?... Read more »

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

Q: I have joint custody of my son with my ex. My son wants to be emancipated from her. How does he go about it?

We have joint custody he doesn't see her as is his choice set forth in the stip. He doesn't want her to have any input on anything he does. Please let me know what his rights are as he wants to be emancipated from HER

Andrew S. Tabashneck answered on Feb 8, 2018

It is difficult to answer the question without more information. The issue of emancipation depends on a variety of factors. One of those factors is not whether the party has an explicit desire to be considered emancipated.

Under New York law, emancipation prior to age 21 may occur if the...
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1 Answer | Asked in Criminal Law for New York on

Q: For employment purposes, what are my chances of getting an early ACD dismissal?

Andrew S. Tabashneck answered on Feb 8, 2018

Under CPL Section 170.55, an ACD is an adjournment of the criminal proceeding against the defendant for a certain period of time -- at the end of which, the charges against the defendant will be dismissed. The defendant is required to "stay out of trouble" during the adjournment period or else the... Read more »

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

Q: Is it legal for wife to have a abortion without husband knowledge

Andrew S. Tabashneck answered on Feb 7, 2018

If a man's pregnant partner seeks to have an abortion, the father's consent isn't legally required. A woman may choose to terminate a pregnancy against the objections of the father. The Supreme Court addressed this question in Planned Parenthood v. Casey and found that the father does not have a... Read more »

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

Q: What are the statue of limitations for sexual abuse of a minor? What can I do if the statue has passed?

I was sexually assaulted by a friend's dad 8 years ago and this year found out he sexually abused another of her friends. He did get into legal trouble for touching a minor at work but it is not know that he assaulted other children as well. I was 15 at the time and this friend was pf a similar... Read more »

Andrew S. Tabashneck answered on Feb 6, 2018

I am very sorry to hear about this and very much admire your courage in discussing this matter.

For sexual offenses, the statute of limitations is five years after the last incident and begins to run when you turned 18 years of age. There are also possible exceptions where the statute of...
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1 Answer | Asked in Criminal Law for New York on

Q: A person is guilty of prostitution when they engage in sexual conduct for a "fee". What is considered to be a fee?

In the state of New York, A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Does the term "fee" only refer to fiat currency like the USD? Would a person be guilty of prostitution if the engaged in... Read more »

Andrew S. Tabashneck answered on Feb 6, 2018

Because crypto-currencies are pretty new, I doubt there is case law which directly relates to that form of a transaction. As it relates to food, clothes, an iphone, etc, Initially, I assumed the court would interpret this as being within the statutory definition of a fee. However, there is a case... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: Hello I was charged with 3rd degree criminal trespassing yesterday what are the odds that I may be going to jail if.

Andrew S. Tabashneck answered on Jan 20, 2018

Under New York’s Penal Law 140.10, trespass in the third degree requires simple trespass along with the allegation that the accused unlawfully remained in an area which was fenced in or otherwise enclosed so as to exclude intruders. Trespass in the third degree is a class B misdemeanor.... Read more »

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

Q: Non custodial parent hasnt been around for 2 years and hasnt really payed child support now he wants custody

What should i do cause we have a history of dv and i dont want him around my kids my youngest son doesnt even know him

Andrew S. Tabashneck answered on Jan 16, 2018

tough to speculate without more facts, but with a history of dv and with any recent incidents, you could attempt to obtain a type 1 order of protection. But this probably would not prevent the father from being granted at least some visitation. The age of each child will be relevant to the final... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: How do I file the motion is there a print out?

My husband is looking to file a 190.50 motion and I’m trying to find something to fill out to file it how do I get this?

Andrew S. Tabashneck answered on Dec 18, 2017

If you are looking for the form, send me an email and I can send you a template form.

My email is "andrew@tabashnecklaw.com"

Make sure to put on the subject: "190.50 Motion."

Andrew Tabashneck

(716) 898-0849

Tabashnecklaw.com

1 Answer | Asked in Criminal Law for New York on

Q: I was accused of stealing at my work, was arrested got let go no criminal record just a court date what will happened?

I was accused of stealing at my job the lp workers never let me explain anything they kept bullying me and threatened me.. what can I do? WhAt will happened in court for first offense do I need attorney to fight this? I have no criminal record or anything

Andrew S. Tabashneck answered on Dec 18, 2017

It is difficult to answer your question without more information. For instance, the exact charge (petit larceny?), the amount the police allege to be stolen (over or under $1,000?), and it is very important to examine the accusatory instrument. I would certainly urge you to at least speak to an... Read more »

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

Q: How can I get full custody of my son?

My 11 year olds father has been in and out of prison since I was pregnant. He is currently in prison as well. He has never cared for nor paid any support for child. Could this be considered abandonment? Do I need to go to court for full custody or can this be considered abandoment? How can I get... Read more »

Andrew S. Tabashneck answered on Oct 29, 2017

Based on the limited facts you have described, it seems best to file a petition for custody. It is possible the court could order some amount of limited visitation if the father shows up and argues strongly in favor of it. Although considering that he has played no role in the child's life, for 11... Read more »

3 Answers | Asked in Divorce, Child Custody and Child Support for New York on

Q: I'm still married but living separately and she is keeping my son from me do I still have to pay without a court order

Andrew S. Tabashneck answered on Oct 29, 2017

First, I assume you are referring to paying child support.

Most likely, yes, you still have to pay.

Based on the limited facts provided, the best course of action is probably to bring either a "show cause" hearing, a petition relating to contempt, or a custody petition. However,...
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1 Answer | Asked in Divorce for New York on

Q: Does New York state recognize common law marriages from other states? If so how do I go about getting it annulled?

I have a common law marriage from Colorado and am wanting to get it annulled if at all possible.

Andrew S. Tabashneck answered on Oct 25, 2017

New York State does recognize common law marriages from other states. To get the marriage annulled, you must show the marriage is void or voidable. A marriage is void if it is incestuous or bigamous. A marriage is voidable for lack of legal age, incapacity to give consent for want of understanding,... Read more »

1 Answer | Asked in Family Law for New York on

Q: I was wondering, can I go into family court an force the father to visit his kids.

Andrew S. Tabashneck answered on Oct 25, 2017

There is no way for you or the court system to force the father to visit the kids.

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

Q: I'm 21 and dating a 16 year old. She will be 17 in 2 months. Are we breaking any laws?

I just want to make sure no one gets in trouble. We sleep in seperate beds, don't have sex, and we only hug and give kisses on the cheek. We live in New York.

Andrew S. Tabashneck answered on Oct 24, 2017

New York statutory rape law is violated when a person has consensual sexual intercourse with an individual under age under age 17. If you are not engaging in sexual intercourse, which encompasses a number of sexual acts (none of which you have described), then you. have not violated the law

1 Answer | Asked in Family Law for New York on

Q: unmarried father my baby mother wants to move out with my son

I live in New York City and my son has been with me since he's been born

Andrew S. Tabashneck answered on Oct 24, 2017

based on the limited description here, it could be a good idea to file a petition for a show cause hearing and check off the box stating that the child is not to be taken outside of the state. Based on what you have described, however, it's not clear where the mother is moving. Regardless, in the... Read more »

1 Answer | Asked in Divorce for New York on

Q: How do I file for a divorce. We both agree we want a divorce but we were married in mexico, does that change anything?

I would like to the cost for a divorce and if there is any way I can file it for free.

Andrew S. Tabashneck answered on Oct 22, 2017

You may obtain a divorce in the United States even if you were married overseas. However, in order to do this, your marriage must have been valid under the laws in the jurisdiction where you were married and you must serve legal notice of the divorce proceedings to your spouse’s current address.... Read more »

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

Q: Want to move to Florida. Dad giving me problems. What can I do?

He is very involved in her life. but My home is being sold due to landlords divorce and i have housing and family and job opportunity in Florida.

Andrew S. Tabashneck answered on Oct 21, 2017

You would need to show the relocation to Florida is in the best interests of the child. In other words, the move would offer financial stability, there would be sufficient social support, perhaps better schooling, or other factors that relate to being in the child's best interest. In this case, the... Read more »

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