Get Free Answers From Experienced Lawyers!
What are the potential outcomes of pleading guilty to a first-time petit larceny charge in New York State under the following circumstances? I was stopped at a store for attempting to take children's clothing without paying. I was taken to a room by store security, where I returned the items.... View More
answered on Nov 5, 2025
For a first-time petit larceny charge in New York (especially for a low-value shoplifting case) there are often alternatives to jail and even ways to avoid a permanent criminal record. Many first-time offenders are eligible for an Adjournment in Contemplation of Dismissal (ACD) or a diversion-type... View More
I live in a luxury apartment building owned by Stonehenge Co. in New York. I pay $8,000 monthly rent, but I've been without hot water for 5 days, which happens multiple times a year, especially on upper levels. Despite many tenant complaints, management only responds with generic updates like... View More
answered on Oct 30, 2025
Dear Queens Tenant:
Other than calling the 311 hotline to report the violation of no hot water, or having your attorney declare a breach of lease and a constructive eviction, and then instantly moving out, there is a Housing Court procedure known as an HP Proceeding for a court order to... View More
I am seeking guidance on defending against charges under New York's Dept. of Agriculture law section 353a related to a senior dog that died in our rescue's care. The dog had pre-existing issues, including advanced heartworm when she arrived with us. Over the course of nearly a year, she... View More
answered on Oct 27, 2025
We have dealt with cases like these before. § 353-a prohibits "intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty". Often these cases get dismissed for lack of direct evidence of exactly what happened to the animal. There is... View More
I received written information from my landlord via text stating that an eviction has been filed against me. I suspect that my landlord is lying about filing the eviction. There is a history of lease disputes between us, but I have not received any formal or legal documentation about an eviction.... View More
answered on Oct 29, 2025
Dear Bronx Tenant:
The New York State eviction process is multi-step. By the time the actual lawsuit is filed (New York City Housing Court cases are electronically filed before papers can be served on the tenant), the tenant would already have received multiple sets of papers. For instance,... View More
Can someone use old text messages and photos from years ago against me to plead innocence, especially when I have evidence like camera photos and a 911 call showing her and her new girlfriend, who was arrested? She threatened me with these old texts, including a picture of a BB gun I no longer... View More
answered on Oct 26, 2025
Your question straddles a large spread of categories. New York criminal defense attorneys would have the best insight here - they deal with the Rules of Evidence for criminal matters on a daily basis. The rules can be picayune, nuanced, and context-specific in terms of admissibility.... View More
Can someone use old text messages and photos from years ago against me to plead innocence, especially when I have evidence like camera photos and a 911 call showing her and her new girlfriend, who was arrested? She threatened me with these old texts, including a picture of a BB gun I no longer... View More
answered on Oct 27, 2025
Yes, old text messages and photos can be used as evidence in court if they are related to the case and can be proven to come from you, but they have to meet specific rules like being relevant and authentic. Even if someone tries to use things from years ago, you can fight back with your own proof,... View More
I filed a contempt order against my child's father because he is not allowing me to communicate or see my child, which is against the court order. I am wondering if he will be made aware of the accusations I've made in the contempt order before our scheduled court date. Additionally,... View More
answered on Oct 20, 2025
I am sorry that you are going through this painful situation. Being denied time or contact with your child despite a court order can be emotionally overwhelming and frustrating. It is understandable that you want to know what to expect after filing a contempt motion in New York Family Court.... View More
I filed a contempt order against my child's father because he is not allowing me to communicate or see my child, which is against the court order. I am wondering if he will be made aware of the accusations I've made in the contempt order before our scheduled court date. Additionally,... View More
answered on Oct 20, 2025
Yes — he will be told about the contempt case before court. In New York, the court will issue a notice or summons for him to appear, and he must be served with the paperwork that explains your claims.
At the hearing, the judge will look at whether he knowingly disobeyed the custody order... View More
My nephew was jailed for 17 days due to false accusations from the mother of his 8-year-old daughter. Despite having full custody, he was ordered to take his daughter to visit the mother, who lives two hours away. His daughter was visibly upset and did not want to return due to experiencing abuse... View More
answered on Oct 20, 2025
I am very sorry to hear about your nephew’s situation. Being jailed because of false accusations and losing custody of a child can be devastating, especially when there are concerns about the child’s safety. It is understandable that your nephew feels helpless without legal representation, but... View More
I won my case in May this year, and the court ordered the insurance company to pay me $35,000. However, the insurance company's attorney is still holding the settlement funds. I've reached out multiple times, and he mentioned a lien of $1,620, which I have addressed by sending an itemized... View More
answered on Oct 15, 2025
Sorry to hear what you're going through. As my colleague correctly advised, if you had a lawsuit which settled, enter judgment against the defendant for the settlement amount, along with costs and disbursements. Unless otherwise ordered by the court or agreed to by the parties, under New York... View More
As a quadriplegic living in Western New York, I am facing challenges after a fallout with my son, who is 32 and planning to leave the country for marriage. He has taken all of my belongings and put them in storage, refusing to return them. Moreover, he has a temporary restraining order (TRO)... View More
answered on Oct 20, 2025
I am sorry that you are going through this very difficult situation. It sounds both stressful and unfair to be deprived of your personal belongings while also dealing with the restrictions of a temporary restraining order. In New York, you do have legal options to seek the return of your property,... View More
I am a young driver who experienced a traumatic incident where someone blocked my car, tried to open my door, and reached into my car through the window while I was driving between a shopping center and a parking lot. Although there was no physical harm or damage to my car, I have since experienced... View More
answered on Oct 17, 2025
I am very sorry that you experienced such a frightening situation. Feeling unsafe and traumatized after someone aggressively approached your vehicle is understandable, and it is important that you take steps to protect yourself both emotionally and legally.
In New York, the fact that there... View More
I am a young driver who experienced a traumatic incident where someone blocked my car, tried to open my door, and reached into my car through the window while I was driving between a shopping center and a parking lot. Although there was no physical harm or damage to my car, I have since experienced... View More
answered on Oct 12, 2025
Thank you for sharing your experience—it’s understandable to feel shaken after such an incident, and your concerns are valid. Keeping your well-being at the forefront is crucial, and you’ve already taken smart steps by planning to file a police report and reaching out for therapy support.... View More
I purchased Rogaine from a wholesale supplier registered in New York. I experienced negative effects due to the product and discovered it is counterfeit. I have evidence, including receipts, proving it was counterfeit. I haven't contacted the supplier yet. I would like to know how to proceed... View More
answered on Oct 22, 2025
I understand how frustrating and concerning this situation must be, especially after discovering that the product you purchased was counterfeit and caused you harm. Counterfeit health products can pose serious risks, and you are right to consider taking legal action against the supplier. In New... View More
I was named as a beneficiary in a will that was submitted to probate court in 2015. I was supposed to receive some money from the estate, but I never received anything. I've tried contacting the executor and the probate court, but I have not received any response. Additionally, the estate is... View More
answered on Oct 22, 2025
I understand how frustrating it must be to wait years for an inheritance that was promised to you, especially when you have made multiple attempts to contact the executor and the court without success. Situations like this are unfortunately not uncommon, but New York law provides options to protect... View More
My son died in a motorcycle accident when a pickup truck ran a stop sign on a one-way street and killed him. The truck driver's insurance has accepted 100% fault for the accident. However, the police and DA are placing blame on my son. The truck driver was questioned and released, and the... View More
answered on Sep 29, 2025
I'm so sorry for your loss. With regard to holding the driver of the pickup truck accountable, best to hire an experienced personal injury / wrongful death attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Although it may appear that many... View More
I'm a resident of Ontario, Canada, and I recently received a postcard indicating that I am a settlement class member in the McNally v Infosys McCamish Systems LLC case. I don't recall having any business dealings with these companies. The postcard provides instructions to email or call... View More
answered on Sep 13, 2025
Should you ignore the card? That's an individual decision. There are countless class action lawsuits out there, ranging from chemical exposure to data breaches. Some people throw the postcards out, feeling it isn't worth participating in lawsuits that sometimes yield a $5 award after... View More
Can a next of kin hide a deceased parent's will or trust if they do not agree with the beneficiaries? I have past communication from my deceased parent indicating his intent to will his house to his grandchildren instead of his daughter. The next of kin refuses to divulge any information, and... View More
answered on Sep 24, 2025
I am sorry you are going through this frustrating situation. It is difficult when there are questions about a deceased parent’s true intentions and concerns that someone may be withholding important estate documents. In New York, there are specific rules and procedures that address how wills and... View More
I had a civil discrimination and harassment case that was dismissed due to a lack of factual proof. The same case has occurred multiple times in different districts. Is it possible to reopen the case considering these circumstances, and what grounds might be necessary to do so?
answered on Sep 30, 2025
I'm not certain what other related causes of action or claims your matter involves, but as a GENERAL premise in civil litigation, the manner in which a case is dismissed can have a bearing on the claimant's subsequent rights. Dismissed "with prejudice" usually means the end of... View More
I have primary custody of my 14 and 16-year-old daughters, with a visitation schedule for their dad that was established in 2016. This includes every other weekend and one midweek overnight. Now in high school, the girls find the midweek disruption stressful due to changing schedules involving... View More
answered on Sep 22, 2025
I understand how stressful it can be to manage teenagers’ busy schedules while also trying to respect an existing custody order. It is especially difficult when your children themselves are asking for a change, but the other parent refuses to cooperate.
In New York, custody and visitation... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.