Penn Yan, NY asked in Child Custody, Family Law and Constitutional Law for New York

Q: I was not allowed to testify on the stand for a Family Court visitation trial...

I just recently within the last week had a second appearance for a trial in family court (NY state). My spouse was allowed to give her testimony on the stand and it was adjourned for lunch. We returned and my spouse continued her testimony. There was another adjournment and was told I would be testifying next. I was not called to the stand and my evidence and testimony was not heard. Is this considered a violation of the 14th Amendment right to a fair trial? Should I appeal the agreement that I was given no choice to dispute or give testimony on?

2 Lawyer Answers

Aubrey Claudius Galloway

Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: You absolutely had a constitutional, statutory as a right to speak up in your own defense; you said you "could not?" That's in important question so I will appreciate if u hit me back up.

Also... Just out of curiosity did the trail take place in Yonkers? Hal Greenwald?

Finally, a concept that has unfortunately been dropped, THE US CONSTITUTION, us something I just won't let happen.

If you want we can talk in further depth. If we got to that point I would like to see all the documentation too.

Aubrey Galloway Esq

2 Overhill Rd, 400

P - 9149121555

F - 9147408139

AG3LAW.com

P.S.

Could you please send me your full name and some good times to meet

Ali Shahrestani, Esq.

PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in New York

A: Did you have a lawyer? Why were you denied the opportunity to testify? This is a Due Process violation and cause for appeal, potentially.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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