Asked in Criminal Law and Family Law for New York

Q: Was under assumption first marriage was annulled but is not. Being charged with bigamy. What do I do?

New york state, first marriage I assumed was annuled. I am only 23. I remarried. Being charged with bigamy

Related Topics:
1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: This is a relatively straightforward case to defend and would cost somewhere around $700-$1200 depending on the stage of the matter. I believe bigamy requires a guilty mind, or “mens rea” as we call it, so we have a number of different defenses we can use. Also, in these cases I generally find that if I wave motions and put the cage right arm for trial either the DA will not be ready in the case will be dismissed or once they realize I intend 100% to try the case, depending on your criminal history, will generally give me an adjournment in contemplation of dismissal ( it means you have to be good for six months, a year if there is a domestic violence element to this matter… And after that time everything returns back to the day before you were charged).

Please feel free to contact us via our website to arrange for a free phone consultation or a comprehensive in person consultation at a nominal fee. Our rates are $180 an hour for attorneys and $65 an hour for paralegals… depending on the stage of litigation I could probably get this dismissed for you for around $600-$700.

Our prices may be low but we offer top quality representation. I have been recognized by number of legal publications as one of the top 10 Criminal Lawyers in NY (https://www.attorneyandpractice.com/2018crimny)

Contact us via our website at AG3LAW.com or text “legal inquiry” to 914-912-1555 for a free phone consultation.

I hope the above helps and would be happy to assist you further if required. Generally these bigomy and adultery cases I can get dismissed criminally… Not only does this preserve your clean record, but it also prevents your wife or whoever is claiming to be the victim to use this I’m a subsequent civil (divorce case or family offense petition case) matter... although I would argue that the prejudicial value outweighs the probative value… Nevertheless, if you are convicted or plead guilty then it will be able to come in because you are guilty “per se”. The reasoning is if you are guilty “beyond a reasonable doubt” (Appx 97% sure) then you are automatically guilty of the civil standard of a “preponderance of the evidence” (>50%), or even the higher civil standard of “clear and convincing evidence” (jury has to be about 75% sure u did it.

To arrange for a free phone consultation contact us via our website at AG3LAW.com or text “legal inquiry” to 9149121555 and an attorney will get back to you within 24 hours.

I note that even though our prices are competitive, I have been named one of the top 10 criminal attorneys in New York by a number of different publications from the years 2016 to 2018. (See: https://www.attorneyandpractice.com/2018crimny)

Aubrey

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.