Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?
answered on Sep 9, 2022
The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »
answered on Sep 1, 2022
It depends on whether this is a civil or criminal order. The answers really depend on a lot of factual circumstances and the venue it's placed in.
In receipt of psilocybin, microdose, from Canada to New York. The package was confiscated at US Customs but repackaged and delivered to the residence. Then a few days later a notice was received saying, ..."You will be receiving correspondence from our fines, penalties, and forfeitures branch... Read more »
answered on Sep 1, 2022
You should definitely be consulting an attorney. This appears to be what is known as a controlled redeliver.
answered on Sep 2, 2022
Once the State had brought charges, the prosecution of the case is in their hands despite you asking to drop it. However, if you contact the ADA handling your matter or the court’s victim advocate, you can request the charges be dropped or reduced to a violation without an OOP as a condition.... Read more »
The case is a minor traffic accident. The prosecutor filed charges based on here say. They know the witness, keeps lying to everyone about what happened, and have done nothing. And the prosecutor, attached somebody else’s juvenile record to my file. Because we’re both Hispanic, and have the... Read more »
answered on Sep 1, 2022
What county and courthouse is the case pending at? What are you being charged with? Consult with an experienced criminal defense attorney for proper representation immediately.
I am considering to take a legal action against my tenants on 1st floor in my rental house (legal 2-family) due to tenants behaviors as follows:
- Repeatedly using my private garage without my permission;
- Repeatedly opening my private letters, and sealed them back;
-... Read more »
answered on Jul 25, 2022
If your tenants do not have the protection of an unexpired current lease and are not rent regulated, you may commence a holdover proceeding to recover possession of the apartment. Strongly recommend retaining an experienced landlord/tenant attorney to assist you with the process.
I have a hand written contract signed by myself and the other party. The contract states I made a down payment of $2300 for concrete work on my property. The check was cashed and in the memo it states it's for a concrete patio. That was in may and no work has been done. I just keep getting... Read more »
answered on Jul 13, 2022
How much cash are you out? If it is within the limits of small claims court, it would make sense to sue that way, YES.
answered on Jun 16, 2022
There are three penal statutes that proscribe exposure of “intimate” parts of a person:
Exposure of a Person (Penal Law Section 245.01),
Public Lewdness (Penal Law Section 245.00), AND
Public Lewdness in the First Degree (Penal Law Section 245.03).
Exposure of a... Read more »
all? Pled not guilty and I'm awaiting a motion date from my lawyer.
answered on Jun 7, 2022
Speedy trial is only applicable when your attorney does not consent to adjournments and requests the ADA to take the time until the next court appearance. If your attorney has consented to any of the adjournments for strategic reasons these days would be excluded from the speedy trial calculation.... Read more »
So my former job accused me of stealing 400$. They had me come in for a meeting today, showed me video proof of stealing cash on multiple occasions, even though I don't remember doing any of that. I ended up playing ball because they told me that they wouldn't involve third parties if I... Read more »
answered on Jun 3, 2022
Where is this case pending? Have you been arrested. Cal me to discuss further at (516) 766-1878
This person works for social services and printed out my application for assistance (with all personal info on it including ss#) and gave it to her sister to use in court ordered mediation for divorce. The employees name (the suspect) was on the top of the page as logged in user at the agency. And... Read more »
answered on May 19, 2022
Yes, you should definitely speak with an attorney. Your situation sounds complicated and you would need to give all the facts to an attorney, who can represent you. It sounds like there is way more going on here than you can type in the "Ask a Lawyer" section. However, to answer your... Read more »
asked for the preliminary questions
answered on May 12, 2022
Try to learn what the protocols and procedures for your trial will be. Familiarize yourself with the case material and the rules. Mock trials can differ in depth according to the academic level. Based on the level of your mock trial, you may need to make rulings on certain things. Is evidence... Read more »
If each of your crimes is punishable by up to a 1yr county jail time, how many of those can they run consecutive and if they run more than 2 consecutive would they then send you to prison instead?
answered on Apr 28, 2022
You can only be sentenced up to one year in county jail for each misdemeanor. Sentences must run concurrently if each crime was committed by the same act. You cannot be sentenced to prison for a misdemeanor.
I filled my own 30.30 motion 04/11/2022 I never waived my rights and also stated on record I want to attend my grand jury and testify on my behalf…I was also re-arrested held for 16 days then released with no charge
answered on Apr 28, 2022
Hello - while I of course do not know the specifics of your case, if you have an attorney (assigned or private) it is possible they filed a waiver of speedy trial in an effort to encourage negotiations. If you are in Columbia County, they do things quite differently, so reach out to your attorney... Read more »
answered on Apr 27, 2022
Do you work for NYS? Do you have any reason why an investigator from NYS would be calling you? Do not speak with anyone before speaking with an attorney for proper guidance. You should immediately consult with an experienced criminal defense lawyer in regard to this matter. You can always reach... Read more »
4 auo 2nd, 2 fleeing officer 2nd, unlicensed operation, bail jumping, obstruction of government administration 2nd, reckless driving.
answered on Apr 25, 2022
The answer is predicated on a few different factors. Consult with an attorney in regard to this matter ASAP.
I wanted to use the cane with a suit without ever exposing the blade which isn't sharpened
answered on Apr 21, 2022
Yes. It is still illegal. The statute definition does not differentiate whether the blade is dull or sharp. You could remove the blade and just use the cane part.
I’m scared… I don’t wanna get thrown in jail, I haven’t even been able to talk to my public defender and court is on April 13th
answered on Apr 9, 2022
Where is your case pending? What are you charged with? No, you will not be thrown in jail on the next appearance. Consider hiring a private attorney if you are not happy with your assigned lawyer.
They have no evidence and they said they had a arrest warrant for a year but just now picked him up. The situation was basically self defense long story short. He definitely needs a lawyer but we are very low income. Is there anyway out of this?
answered on Apr 6, 2022
Where is this matter pending at? These are very serious charges. if he can not afford a lawyer, one will provided to him by the Court.
answered on Mar 31, 2022
You can sue anyone for anything--almost. The real question is can you win and collect damages. In your case I don't believe so.
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