The likely charge would be felony level Menacing. Threatening a person with a deadly weapon. If it was used it would be assault first or second. In any event it is serious
Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... Read more »
i want to respond to my ex & tell him i don't think he can deny me the vacation time I requested w/out having some prev scheduled conflict per our custody agreement but he thinks he has the right to tell me no. who can help me interpret custody agreement? i hope to get answer soon as the... Read more »
He cannot deny you if its in the agreement. however Christmas schedules spelled out in the agreement may trump the vacation access. A lawyer would have to read the exact language of the custody access agreement to give an absolute answer. That being said if you have primary custody and there is no... Read more »
From the time of filing to the time of service can be days. Process servers are very good and find the defendants quickly
Yes. PL 265>3 is a C Violent felony for possessing a loaded gun outside of the home or office. That is very serious a month does not go by when I don't have 2-5 new gun cases retain my services. There are many things a skilled defense attorney can do to get a better plea or perhaps... Read more »
A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that
That is an outrageous statement but it probably would not qualify as a hate crime. Since it is published on a media platform It could be libel because of the defamatory nature of the words
The father has an active stay away child endangerment charge and there is an open domestic violence case
Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... Read more »
Its a 180.80 motion
It must be sent to the court and to the District attorney. Felony hearings and 180.80 time periods have been extended during court shut down. You can do your motion but local criminal courts are just starting to resume. September is goal for all local courts to resume .
I paid the bail in full.
Charges : damage property and 2 trespassing
The charges were filed on Oct 2018
It depends especially how long you skipped out. If you have a lawyer and surrender its possible the fail would be restored for yhe first no show if it was more than the court could hold you until case is completed. On a misdemeanor the maximum sentence is one year which is actually 8 months when... Read more »
Husband is from Africa, rushed to get married so that we may file for status here but decided to break up due to cheating on his side. We filed but I withdrew it. Is it possible to get divorced without any legal issues happening? What can I do? We both want the divorce and have no assets and do not... Read more »
In New York we have a no fault ground for Divorce, Irretrievable Marital differences. You can get a divorce . There are forms on the unified court system website . However its best to consult a lawyer. Your admission of why you married could be construed as marriage fraud. Its a Federal offense... Read more »
Under both New York and Federal Law a telephone call can be recorded so long as one party to the call consents. That means you could place a call and record the other party .
You cant set up a device which records conversation with two or more people none of whom consented or where the... Read more »
I was ousted from my apt by my daughter,separated from my husband then served with divorce papers. I
I don't want divorce don't believe he wants one either.It was initiated by my daughter What should I do?
You can contest grounds by putting in an answer. your husband and you would appear with your lawyers at a preliminary conference and there without your daughters presence you can confront husband with whether he desires a divorce.
grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?
Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support... Read more »
2 qdro’s are needed
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.
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?
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 »
Improper plates is 1 of the charges
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 »
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 »
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 »
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.
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 »
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?
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
