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I have pending federal court cases, including an appeal for a wrongful conviction and an asylum claim. I am representing myself but need a free attorney to assist with my legal issues, as I cannot afford to hire one. What options are available for getting free legal assistance in this situation?
answered on Oct 3, 2025
In addition to traditional resources for legal aid and pro bono legal services which you've probably explored, an additional resource that could be worth exploring might be student-faculty organizations at local law schools. The New York metro area has a high density of law schools, and some... View More
The insured person had a life insurance policy listing two primary beneficiaries: her mother and me. No specific percentages were listed, and there were no contingent beneficiaries. Her mother passed away after the insured but before the payout. The insurance company plans to split the payout... View More
answered on Aug 27, 2025
To give you a definitive answer, attorneys would probably want to see the life insurance policy. Life insurance policies can operate as a contract, independently of estates and wills. In many cases, they do that in a straightforward manner. But it's possible the insurance carrier may be... View More
I have recently received a final judgment in my favor against a defendant who committed perjury in criminal and family court, which significantly influenced decisions and caused me to lose my job and future employment opportunities starting four years ago. An interlocutory judgment on consent... View More
answered on Jul 24, 2025
I'm sorry to hear about the difficulties you’ve faced as a result of another person’s false statements and the long-term impact on your career and well-being. Situations involving perjury and bankruptcy abuse can be frustrating, especially when legal remedies feel limited.
In New... View More
I want to apply to have a conviction sealed from 1971 when I was just 17 years old. I was convicted of manslaughter; although I was present, I was not the culprit. My lawyer verbally promised that my case would be sealed as a Youthful Offender, but I've recently found out that it wasn't.... View More
answered on Jun 30, 2025
I'm sorry you are dealing with the consequences of a decades-old conviction that continues to affect your life. It is understandable that you would want to clear your record, especially given the circumstances and your age at the time of the offense.
In New York, the ability to seal or... View More
I filed an I-130 petition for my father in July 2024. On May 12, 2025, I received a notice from USCIS stating that my petition was withdrawn based on a request they allegedly received from me. However, I did not request or authorize this withdrawal. As a result, my father's I-485 was denied,... View More
answered on Jun 9, 2025
Even if you contact USCIS and appeal the 130 and the 485, it is possible that USCIS will not reopen the case. Even if it does, it may take a very long time. Congress assistance may work in this case. Contact your congressman and try to get help for this case. Elected official help is great for... View More
I have a question regarding an individual who currently has withholding of removal status. If the person receives a notice of intent to terminate this status and is asked to appear before an asylum officer to present evidence, is the officer's decision final? Can the individual request a... View More
answered on May 7, 2025
Yes, withholding of removal can be contested beyond an asylum officer's decision. Unlike asylum, withholding of removal can only be granted by an Immigration Judge (IJ), not an asylum officer.
If an asylum officer denies withholding of removal, the case may be referred to an... View More
I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More
answered on Apr 14, 2025
A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More
I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
It would depend on the terms of your retainer. But the normal practice in the industry is to base the fee on the ACTUAL FINAL amount recovered. Awards can routinely be reduced by a court, or through an appellate decision. It's ultimately that REDUCED amount on which attorney fees are typically... View More
I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
I have clients whose house has been in foreclosure since 2008. The foreclosure was dismissed twice in supreme court based on the statute of limitations under the FAPA law, and the bank appealed the decision. We're awaiting the appellate court decision, which could take up to 2 years. The loan... View More
answered on Mar 20, 2025
I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.
But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More
I am going through a messy divorce in New York, where my ex-spouse took our child and made false statements against me in family court, claiming abuse and deprivation of basic rights, which were untrue. I have text messages and social media pictures proving otherwise, but I discovered this evidence... View More
answered on Mar 13, 2025
I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation... View More
answered on Nov 30, 2024
I'm sorry to hear that you're having difficulty obtaining the results of the appeal from October. Understanding the outcome of a legal matter is important, and I hope the following information helps you find what you're looking for.
Disclaimer: This response is for general... View More
My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.
answered on Aug 30, 2024
Dear Great Neck Tenant:
An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml
You also need a Request for Appellate... View More
someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?
answered on Jul 12, 2024
Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
answered on May 1, 2024
In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More
What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?
answered on May 11, 2024
There are attorneys admitted to practice before the Supreme Court who deal with these issues regularly. Certiorari is a means for the Court to select cases. It could be helpful for such an attorney to review your case for meaningful guidance. In general terms, constitutional provisions are those... View More
I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More
answered on Apr 17, 2024
The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.
Q. what does related case mean? A. related cases" means other cases that you are involved... View More
It was dismissed because the accusatory instrument was in error. She won the appeal, mind you this is on a city court level. I feel this is harassment and violating my civil rights. Wasn't the dismissal the law? How can she win an appeal on factual law??
answered on Apr 8, 2024
Yes, you had to be notified. The prosecution had to send your attorney a copy of its a motion. So, check if your attorney received it or not. If he did, he should have informed you. If your attorney did not receive a copy of the prosecution's motion, then the appeal may have been defective.... View More
I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More
answered on Mar 25, 2024
We are told so very little about both the procedural history and the substance of the asker's case so as to have to guess to fill in the blanks. At first blush, this appears to be a forced-stip case where the court's aim is to get the parties to agree to their own resolution according to... View More
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