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Questions Answered by Victor M. Feraru
3 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Wrongful Death for New York on
Q: Do I lose US citizenship after death?

Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 13, 2020

You’re going to want to hire an attorney now to negotiate several things. People make mistakes. Feel free to reach out to me (or any other Justia attorney who handles these matters to help you with your situation. My contact information is in my profile. Don’t just “face the music,”... Read more »

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord keep my security deposit SOLELY because I ended my lease early. (All rent is paid)

In NY. I moved out Sept 15th and paid rent for Oct. They have already rerented the apartment and I haven't been offered any return of Oct rent or the security deposit.

Victor M. Feraru
Victor M. Feraru answered on Oct 9, 2020

Are you in NY or MA?

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2 Answers | Asked in Criminal Law for New York on
Q: What's the legal advice for protection against harm?

A foreign citizen has a student visa and studying here in USA is threatening me. We are from the same country and I practiced the freedom of speech here in US and I wrote my opinion on Facebook about certain topics. I did not mention any names or pointed out to anyone in my Facebook posts. He... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 8, 2020

That's basically blackmail and extortion. Keep records, and call an attorney to respond if that will give you peace of mind.

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2 Answers | Asked in Traffic Tickets for New York on
Q: What should I do about trying to get a speeding ticket reduced and the points on my license reduced? In NY state.

I was pulled over in a 30 MPH zone and the cop said he got me at 61 MPH. I wasn't looking at my radar but from my peripheral vision, I don't believe I was going over 60. I know that in NY that one more MPH is a much larger fine, the cop was trying to bump my ticket up to the next level. I... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 5, 2020

Seriously consider retaining an attorney to negotiate your ticket down to an infraction of some kind. Generally the attorney will appear before for you. Feel free to call my office (or anyone here who handles these matters) and don’t worry too too much! That’s what we are here to do. To take... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: I need help with this situation immediately

my brother used my information when he was pulled over during a traffic stop and entered a guilty plea for the tickets he received he's now incarcerated and I'm just now finding out about this situation and I just received a ticket in the amount of $776 saying I have to pay it by 10/27 I... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 5, 2020

My office routinely handles these types of matters. As do a great many here. Feel free to reach out to my office, or any others that you see on this website. This can be fixed.

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Is it illegal for my childs mother to have received support when she didnt have custody if my child?

Court case was opened requesting custody by childs great grandparents. In the court filing it was listed as my childs residence with them since 2016 when CPS removed the child from the mothers custody without any attempt to communicate this with me. Have been charged and paid support to a... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 30, 2020

You need to lawyer up immediately. Consult with attorneys to see if you can find a good fit and price. My office handles these matters regularly.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I moved in with my girlfriend and her mother who are both on the lease . Her mother is trying to kick me out ?

I have lived here for over 7 years and receive mail and public assistance in the same address

Victor M. Feraru
Victor M. Feraru answered on Sep 28, 2020

You have rights. However your rights are heavily dependent on facts. You’ve not included any here. Feel free to let me know the rest of the facts and I can give you a better answer!

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Wanted to terminate my lease earlier because of financial hardship due to COVID -19!

Due to the pandemic, I experience financial hardship. I tried to negotiate the rent but the landlord won't assist on that matter except using their hardship program which we did use the deposit to pay the month of September rent. I was looking at different alternatives and also to terminate my... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 23, 2020

This seems funny coming from an attorney, but reach out to one immediately. My office, and many others routinely handle this matters affordably. Your landlord has certain responsibilities (and some rights). There are ways to navigate this situation. However, I would need more facts from you... Read more »

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3 Answers | Asked in Lemon Law for New York on
Q: I've been scammed on facebook market what should I do?

A person sold me a terrible car claiming it drives good and was a good a to b car, on the way home the car started overheating and stopped and smoked in the middle of the highway, I called and texted him and he blocked me, later that night I went on facebook and seen that he knew the car engine was... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 22, 2020

I would need to know more detail about the car and your agreement when you bought the car. You cannot get the guy arrested based on the facts you present. The woman you spoke to at the house doesn’t dictate whether you can sue. You don’t need to wait a year. Again, I would need more details... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I get the month-to-month tenant out of a house I’m buying in NYS, so I can move in?

The tenant has no written lease with the home seller, who has neglected to tell the tenant they have to leave due to the sale of the property. How can I move in to my new home, if the tenant won’t move out?

Victor M. Feraru
Victor M. Feraru answered on Sep 22, 2020

You can’t. You have a lot of issues you’ll need to address, here. This is highly fact dependent. There are a number of solutions and drawbacks. This is something you’re going to want to address now in order to get the ball rolling (although Covid is slowing things down). Feel free to give... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: I own a house. My s.o. moved in a few months ago but we are now breaking up. How long should I give for her to move out?

I initiated the breakup.

We do not have a formal lease, but before she moved in we had verbally agreed that she would pay a fairly small amount monthly when she started living here (she did not ever start paying).

The house is in my name only, with a mortgage (don't know if... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 22, 2020

My office handles these issues all the time. You have several options but I’d need to know more facts. Contact an attorney to review your options.

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1 Answer | Asked in Cannabis & Marijuana Law for New York on
Q: Should I plead guilty or not guilty to a 221.05 charge for marijuana?

I have never been charged with anything before. The judge told me I can plead guilty and receive a fine or plead not guilty. If I plead guilty do I automatically receive a fine or can I ask for a marijuana ACD? Do they offer it or do I have to plead not guilty for a marijuana ACD?

Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

You should be retaining counsel and not pleading to anything until you two have gone over the facts, ramifications and potential solutions to your issue.

4 Answers | Asked in Divorce for New York on
Q: I will like to get divorce. I'm thinking to get one lawyer for both of us. Is this a good idea?
Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

This is not allowed under NY attorney ethic rules. Unless you retain an attorney to act as a mediator and then have that attorney draw up divorce papers and a separation agreement incorporating the terms of your agreement. In that way, the attorney is not representing you or your spouse and that... Read more »

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1 Answer | Asked in Workers' Compensation for New York on
Q: Should I wait and see or get a lawyer?

I sprained my right middle finger in January at work. I informed my employer & recieved medical treatment; wore a splint for 4 weeks. Afterwards, my finger was stiff and slightly bent. I was unable to fully bend or straighten it. I was able to compensate for it by using my thumb and index... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

It’s always worthwhile to reach out to a PI attorney to see if you have a case. Try calling around to a few. Make sure they hear out your situation and give you you an honest assessment.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can I, as the landlord, serve a notice to vacate to my tenants who are on a month to month lease or do I need a lawyer?

Also, where to find the way to deliver the notice according to my state rules would be greatly appreciated

Victor M. Feraru
Victor M. Feraru answered on Sep 17, 2020

You can serve it yourself. Make sure to follow all of the required formalities exactly as your jurisdiction and the State requires. If you do not the court will likely throw out the matter and make you start all over.

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1 Answer | Asked in Banking for New York on
Q: Does my bank have to disclose what documents were produced through a Court ordered subpoena to me?

I have been asking what documents were produced in response to a court ordered subpoena. I have left messages and written letters to the legal dept. but they have not answered. Are they obligated to tell me?

Victor M. Feraru
Victor M. Feraru answered on Sep 15, 2020

If the records have been released due to a court ordered subpoena--have your counsel request what was released from the Court. Do you have a copy of the subpoena?

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Q: Is it against federal or state law for a police department to ask a civilian to do investigations without compensation
Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

I'm not sure what you mean. I'm guess you mean to have someone be a confidential informant and not pay? I'd need more details before I could answer this question.

2 Answers | Asked in Traffic Tickets for New York on
Q: I can't find any provision or instructions for filing Discovery Motions for traffic violations (VTL 1128, VTL 1180) Why?

Would I be correct is saying that if I request discovery from the Prosecutor/State Police Officer and they do not provide me with what I ask, they subsequently would not be allowed to present the previously requested evidence in court?

Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

I think you mean if you request a supporting deposition. Sometimes it's already on the ticket. You're well advised to have an attorney handle this matter for you. I know it may seem funny coming from an attorney. However, very often those prosecuting traffic tickets will negotiate... Read more »

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3 Answers | Asked in Criminal Law for New York on
Q: Can I got to jail for my 1st gun possession in New York.
Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

My learned colleagues are correct. Which area of New York is the charge pending?

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2 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: Good morning. I have a family court/order of protection case coming up on September 28. I can not afford an attorney

And was told I might not qualify for a free court appointed attorney. What other options do I have?

Thank you,

Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this... Read more »

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