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Questions Answered by Michael J Stachowski
3 Answers | Asked in Criminal Law for New York on
Q: Can I got to jail for my 1st gun possession in New York.
Michael J Stachowski
Michael J Stachowski answered on Sep 14, 2020

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 »

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2 Answers | Asked in Criminal Law for New York on
Q: Can a person commit a hate crime on Craigslist

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

Michael J Stachowski
Michael J Stachowski answered on Aug 28, 2020

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

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2 Answers | Asked in Child Custody and Child Support for New York on
Q: I am filing for full custody of my child will the father still have to pay child support

The father has an active stay away child endangerment charge and there is an open domestic violence case

Michael J Stachowski
Michael J Stachowski answered on Aug 23, 2020

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 »

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2 Answers | Asked in Criminal Law for New York on
Q: When a motion is filed where and whom shall it be sent too? The court? Or DA i dont kno where to send it after filing.

Its a 180.80 motion

Michael J Stachowski
Michael J Stachowski answered on Aug 13, 2020

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 .

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1 Answer | Asked in Criminal Law for New York on
Q: I have a misdemeanor bench warrant for bail jumping If I surrender how much jail time

I paid the bail in full.

Charges : damage property and 2 trespassing

The charges were filed on Oct 2018

Michael J Stachowski
Michael J Stachowski answered on Aug 8, 2020

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 »

3 Answers | Asked in Divorce for New York on
Q: Married husband in ‘18. Broke up and havent talked since. Trying to get divorced. He is living here but no papers

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 »

Michael J Stachowski
Michael J Stachowski answered on Aug 7, 2020

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 »

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3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael J Stachowski
Michael J Stachowski answered on Aug 1, 2020

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...
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3 Answers | Asked in Divorce, Family Law and Landlord - Tenant for New York on
Q: How do I find out if I"m divorced?

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?

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

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.

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2 Answers | Asked in Child Custody, Child Support and Divorce for New York on
Q: I have two kids. My soon to be ex husband is petitioning for full custody for one, and I for both. Lets say the court

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?

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

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 »

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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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