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Questions Answered by Michael J Stachowski
1 Answer | Asked in Divorce for New York on
Q: How much on average does it cost for a qdro attorney in NY?

2 qdro’s are needed

Michael J Stachowski
Michael J Stachowski answered on Jul 6, 2020

it depends a simple QDRO is approx $750 a complex 1500 most are simple so long as the majuskas formula is spread on the record.

4 Answers | Asked in Divorce for New York on
Q: What happens a husband takes Out 401k funds prior to divorce being filed (at age 60-NY)

What happens if my husband and I separate and he purposely Files for divorce at the age of 60 and withdraws his 401k funds in case I later file for divorce?

Michael J Stachowski
Michael J Stachowski answered on May 29, 2020

Nothing substantial. He must account for the funds. Under eligible distribution you are entitled to a share that was acquired during the marriage. Majauskas v majauskas sets the formula. The months of employment over the months of the marriage x 1/2. That’s the marital share if it was all... Read more »

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2 Answers | Asked in DUI / DWI for New York on
Q: I just recently received and DUI(NY) while driving with my girlfriends plate? What’s the worse case scenario?

Improper plates is 1 of the charges

Michael J Stachowski
Michael J Stachowski answered on May 21, 2020

The worst case is a Misdemeanor criminal conviction,a loss of license ,a 6 Month revocation and a jail term. That is if you haven't had a prior DWI Under those facts ,it would be a felony which is hard to overcome and could mean Jail of 1-4 years and a thousand dollar fine. However with a... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Legal Advice for Criminal Possession of Firearm

I was stopped driving a friend’s car. She was drunk, we switched I drove. We were stopped with a loaded gun. I recently got it for protection. I live in Rochester, NY it’s dangerous. I work in healthcare for 5 years. I’ve been a medical liason and now I work with children. I don’t have any... Read more »

Michael J Stachowski
Michael J Stachowski answered on May 12, 2020

There are many issues in the question. Primarily the first question is the stop. Were you violating any laws. once past that, you have to look at the Debour factors. Was there any fact which escalated the intrusion of a traffic stop to allow for a search and seizure of the weapon . People v Garcia... Read more »

3 Answers | Asked in Criminal Law for New York on
Q: Hi I wanted to know if I had a criminal case in 2004 that was acquitted is it possible to still find the court records?
Michael J Stachowski
Michael J Stachowski answered on Apr 23, 2020

Criminal records are kept by the clerk of the receptive count where a matter is tried . A Acquittal may be filed but sealed as a result of the favorable outcome, A party with proper identification I'm sure could access his or her sealed file.

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3 Answers | Asked in Divorce for New York on
Q: Can the mediator that mediated our divorce property settlement agreement later represent my spouse to file for our divom
Michael J Stachowski
Michael J Stachowski answered on Apr 21, 2020

That Is not proper. The mediator should be a neutral. However if its a faultless divorce with a fair agreement it may be acceptable, Even though it may be acceptable it has the appearance of impropriety. The leaves a view that the mediator was actually the wife's advocate. You should take... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: What is the best possible plea deal I can get if I was charged with Criminal contempt?

There was no physical contact to the victim just words being exchanged it was in NY Criminal contempt 2 . Would this effect my employment with the DOE?

Michael J Stachowski
Michael J Stachowski answered on Apr 17, 2020

It all depends on the history and your record. In Erie county. for Misdemeanor contempt you can get an ACD Adjournment in contemplation of dismissal as a best case. that means no trouble for 6 months sometimes 1 year and its dismissed. A garden variety plea is to the violation Disorderly Conduct.... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get my loved one released from prison early due to him having high risk asthma During covid-19?
Michael J Stachowski
Michael J Stachowski answered on Apr 8, 2020

It depends on time left and jurisdiction. In the federal courts there is the first step and compassionate Release. In the state if it’s a misdemeanor many DA’s are not opposing release resentence motions. I think if an inmate has diabetes heart problems or asthma or other respiratory issues... Read more »

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