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My son’s 1st trial had 1 juror substituted during prosecution’s case. A 2nd juror needed to be substituted during deliberations,giving my son His 1st mistrial. Second mistrial happened when a juror had an “out of state family emergency” during deliberations and after the only alternate... View More 
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answered on Nov 4, 2023
In New York State, there is no statutory limit to the number of retrials the District Attorney can initiate after mistrials if the court has not barred retrial due to a finding of prosecutorial misconduct or a violation of the defendant’s rights. Each mistrial resets the process, and the... View More
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answered on Oct 19, 2023
In New York, transferring firearms across state lines usually involves complying with both federal and state laws. Under federal law, an interstate transfer of firearms typically has to go through a Federal Firearms Licensee (FFL) in the recipient's state. State laws can vary widely, so the... View More
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answered on Nov 4, 2023
To find a pro bono criminal lawyer in NYC, you can reach out to the Legal Aid Society, which provides free legal services to qualifying individuals. Additionally, the New York State Bar Association offers a pro bono resource center that can connect you with volunteer lawyers based on your case and... View More
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answered on Oct 17, 2023
Yes, you should get a lawyer if you have a criminal court date for driving with a suspended license. A lawyer can help you understand your charges, your rights, and your options. They can also represent you in court and negotiate on your behalf. For personalized legal advice tailored to your unique... View More
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answered on Oct 16, 2023
A defendant in New York must be notified of a grand jury proceeding at least 24 hours in advance. The notice must be in writing and must include the date, time, location, nature of the charges, and the defendant's rights. For personalized legal advice tailored to your unique circumstances,... View More
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answered on Nov 4, 2023
If you believe you have been falsely accused and wrongfully trespassed from a property, you have the right to defend yourself against these accusations. You may want to gather any evidence or witness statements that support your account of events. It would be advisable to consult with a lawyer who... View More
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answered on Nov 4, 2023
If you believe you were assaulted by the police, it’s important to document everything related to the incident, including medical reports, photographs of any injuries, and the names and badge numbers of the involved officers.
You should file a complaint with the police department’s... View More
Your house, especially when they know you are sensitive to noises?
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answered on Nov 4, 2023
Law enforcement use of infrared surveillance is subject to legal constraints, including requirements for a warrant in many circumstances. The U.S. Supreme Court has held that thermal imaging of a home to detect relative amounts of heat, without a warrant, can constitute a search in violation of the... View More
I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More
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answered on Nov 4, 2023
When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.
New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to... View More
I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More
answered on Sep 26, 2023
If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More
On pending charges this will be my second time going...I have not plead guilty to any charges
answered on Sep 19, 2023
Generally, a "control date" is a label used to indicate that something is to happen which will affect or dispose of the case, and to avoid losing tract of the matter, the court sets a date for an update or to ensure the disposition was reached.
My soon to be husband has been almost a year awaiting outcome of a federal arrest that I have found out more about online than he has from his public defender. When asked to meet with him she has still a year later never met him in person. She has filed notices and discussed pleas without his... View More
answered on Sep 19, 2023
One may complain to either or both the Federal Defender's Office of NYS and the presiding judge in the case, but had better have all the details correct and back up the allegations.
Is there any responsibility for encouraging people to write fake positive reviews and invent their own work experience? All this was said by a person live.
answered on Sep 24, 2023
Addendum - If the work experience involves certain positions that are strictly regulated by the government and the employment involves the safety and well-being of others (pilots, healthcare workers, commercial mariners, etc.) and the inventing of work experience is along the lines of inventing... View More
My ex and I adopted a cat together and cared for it together for years. We broke up and did split custody for a while, now she wants to stop sharing and is claiming the cat is legally hers and will report her stolen if I dont return her by the arranged date. The adoption papers and microchip are in... View More
answered on Sep 9, 2023
Simplifying your situation, the court will look at the indicia of ownership concerning the cat, which appears to favor your former girlfriend. If she wants to file a theft charge against you for not returning the cat, a police officer might do that. An alternative is for you to seek a replevin... View More
answered on Sep 3, 2023
Where did this happen? Contact an experienced criminal defense attorney for a consultation and proper representation.
He was on house arrest for other charges and was told he was going to get fingerprints and be released to me.i was on the phone when they told him this so I agreed but then they kept him and charged him for something else but he wasn't aware or read any rights.he also has a mental disability.i... View More
answered on Sep 2, 2023
In NY, the police need not administer Miranda rights until he is actually arrested. Often, they will delay a formal arrest of a target in order to interview him, raising the potential suppression hearing issue that the defendant was in actual custody, not just being interviewed. Consult a... View More
While under COVID-19-Related Hardship Foreclosure Protection (from 3/25/2021-9/20/2021) which my mortgage company extended to me upon my written request after filing the COVID-19 Hardship Form, their attorneys filed Notice of Motion and Motion for Termination of the Automatic Stay. I was not fully... View More
answered on Aug 25, 2023
Based upon the facts you've presented, it doesn't sound as if any fraud was committed - though I do sympathize with your frustration.
In just about any case, non-payment of your mortgage is grounds for termination of the Automatic Stay in a Bankruptcy Case. The COVID-19 Hardship... View More
Is this assault? He would not move and continued to prevent me from closing my door
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answered on Aug 23, 2023
The case "Counterman v. Colorado" doesn't have direct legal authority in New York, as it pertains to Colorado law. However, it's important to note that New York's legal system is independent and may interpret its laws differently. Therefore, while the decision in Counterman... View More
and there so happened to be two parties that wanted to fight, accident waivers and release forms signed. is there anything in the law stopping this fight? will the only people liabal for said fight would be the two parties and not the host of the event.
answered on Sep 2, 2023
Laws don't stop fights, they just tell one what conduct is illegal and the penalty if a perpetrator gets convicted. Your question seems to really be what is your liability. If you are somehow civilly responsible for allowing the fight (or promoting it) your accident waivers, even if... View More
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