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0 Answers | Asked in Criminal Law for New York on
Q: If a grand jury voted for a nonviolent felony, can a DA go back a week later and have them up the charge ?

My husband was charged with second-degree murder. He went to grand jury. They voted for a nonviolent C felony a week later the DA went back and asked them to update the charge to a first-degree manslaughter. When I asked why this happened, my lawyer said the DA can technically do that, because... View More

1 Answer | Asked in Criminal Law for New York on
Q: If charged with first-degree manslaughter, do I have a right to speedy trial?
Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

You always have a right to a speedy trial. However you should not rush a manslaughter trial because it needs proper investigation. Your case should be properly prepared for trial. All your witnesses need to be identified and the testimony prepared and ready for trial. A quick resolution is always... View More

1 Answer | Asked in Immigration Law for New York on
Q: My husband use a dead person name and birth certificate in barbados and was removed from that country can I stay file

He use a dead man name and was removed from that country can I still file for him I-130 form?

James L. Arrasmith
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answered on Mar 18, 2024

If your husband has been removed from Barbados for using the identity of a deceased person, this could impact his immigration status and any applications you intend to file on his behalf, such as the I-130 form. It's important to understand that immigration matters can be complex and are... View More

0 Answers | Asked in Medical Malpractice for New York on
Q: How can you get an inmate medical attentionASAPwhen the"DROP A SLIP"box is full and not being paid attention to by staff

Several medical slips put in medical drop box(mdb) not being checked on so no medical attention not being given. Inmate has heart issues, Leukemia and constant constipation.

0 Answers | Asked in Consumer Law for New York on
Q: What type of subpoena do you need to serve on a bank when client is seeking tape recording bank has of his voice?

Client believes someone posed as client to apply for credit card and voice recording is not his.

1 Answer | Asked in Medical Malpractice for New York on
Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

Alexander Karasik
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answered on Mar 18, 2024

Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More

0 Answers | Asked in Products Liability and Small Claims for New York on
Q: Hello, I'm in NY. My oil company altered my oil tank without my permission b/c my tank was locked. Is this legal?

Additional details: The oil company came a month *early. The client facing delivery date on their system was 4/15 and they came March 14th. When they came unexpectedly, and saw my tank was locked (to prevent oil theft), instead of calling me, they called a work truck and used a wrench to open a... View More

0 Answers | Asked in Criminal Law for New York on
Q: I have a bench warrant for missing a court date in New York city , I live in California across the border in Mexico,

I am homeless 34 years of age no job ,unable to buy a ticket to travel to see a judge, so that I can explain my situation of my failure to apper , the private attorney my family member hired to defend me , did nothing to prevent the bench warrant , I had advised my private attorney 3... View More

0 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can a service contractor in NY add a surcharge to credit card payments if it is noted in the contract?

I do work for businesses as well as individuals, and am wondering if I can pass along credit card fees to customers who want to pay with a credit card.

0 Answers | Asked in Business Law for New York on
Q: My husband recently passed away. He was the sole owner of an LLC. It was a small eBay business and he had yet to make a

profit. I just learned that he (the company) took out a business loan and still owes money on it. I have no interest in continuing the business. Aside from being the sole heir I am also the administrator of his estate. Is his estate liable for the remainder of this loan?

1 Answer | Asked in Medical Malpractice for New York on
Q: Medical malpractice, do I have a case?

Ok this was not answered so let's try wording it differently, I went to a city hospital because I had extreme pressure behind my eyes. (csf leak) They in turn look at MRI from a year ago blaming something that happened to me almost 5 years ago. (H.O.D. caused by resection of cavernous... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 17, 2024

Malpractice consists of not just health care providers acting below the standard of care, but also damages or harm actually caused by the Malpractice. For civil cases it is “no harm no foul.”

0 Answers | Asked in Real Estate Law for New York on
Q: Landlord takes people to court for eviction if they are pressed to fix anything. IE. serious water damage in walls.

A new landlord took over my complex 5 yrs ago. He asked what we wanted fixed. I said the water damage from the rain running off the roof for 40 yrs & now walls are soaked, ceilings between floors are falling apart. Nothing ever got done. There is another apartment in same condition. When that... View More

0 Answers | Asked in Real Estate Law for New York on
Q: Landlord takes people to court for eviction if they are pressed to fix anything. IE. serious water damage in walls.

A new landlord took over my complex 5 yrs ago. He asked what we wanted fixed. I said the water damage from the rain running off the roof for 40 yrs & now walls are soaked, ceilings between floors are falling apart. Nothing ever got done. There is another apartment in same condition. When that... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: If I was given a blank ticket does it still count in court?

A friend of mine was given a ticket for an “illegal left turn”. After the cop took her information they mentioned she had 15 days to respond but proceeded to give her a blank paper. Is that admissible in court?

Zev Goldstein
Zev Goldstein
answered on Mar 14, 2024

Its not valid service. Check with the court whether anything is filed, if you can figure out where its filed.

Keep that blank paper and update your address with the NYS DMV.

0 Answers | Asked in Child Custody for New York on
Q: can a video recording from my child can be use as an evidence to the father for child custody in new york state law?

my daughter recently spoke to me and was very emotional about her dad left her alone in the house, and only feed her fruit cup. can this be a negligence to the other party? i have been the sole physical custody to my child for 8 years as her father work in the boat and mostly gone for 3months, 9... View More

1 Answer | Asked in Business Law for New York on
Q: I'm looking to create legal documents for my business connecting manufacturers and US wholesalers. I wanna know fee?
Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

It could be difficult for attorneys here to answer your question about fees - the format is limited to Q &A. Attorneys can't really offer quotes for their services here. One option is to reach out to attorneys to discuss. After speaking with several law firms, you could get an idea of... View More

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for New York on
Q: Do any lawyers here handle Traverse Hearings? Dutchess County New York

A process server only made one attempt to personally serve me and gave a complaint and summons meant for me to an individual at my old address and this person threw the paperwork in the trash. I was never served and wasn't aware of a case against me until after a judgement had already been... View More

James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, finding a legal professional with experience in Traverse Hearings is crucial, particularly in Dutchess County, New York. These hearings are specifically designed to examine the process and validity of service in legal proceedings, which seems to be the crux of your issue.... View More

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0 Answers | Asked in Medical Malpractice for New York on
Q: Looking for medical malpractice attorney in New York.

If I go to a city hospital for excazerbated symptoms and the neurologist sends you a trainee to speak with you 99% of the time on top of looking at year old MRI, blaming your current condition on a botched surgery done almost 5 years ago. Can anything be done? I have H.O.D from past surgery but... View More

0 Answers | Asked in Criminal Law for New York on
Q: What’s is the law regarding cocaine consumption

For example a cop sees me snort something but there isn’t any external or residual evidence

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