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 
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answered on Sep 8, 2023
I'm truly sorry to hear about this incredibly stressful situation. In situations where there may have been a violation of court orders or misconduct by your own attorney, it could potentially be beneficial to consult with another attorney to review the specifics of your case and possibly... View More
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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
answered on Aug 18, 2023
There is no legal prohibition that would preclude you from being able to obtain such items. But, practically speaking, it is highly unlikely any such items have been retained in storage since 1989.
answered on Sep 2, 2023
File a Freedom of Information request of the investigating police agency. If the case is closed and no longer appealable you may be entitled to receive the information or be allowed to review the file if not digitized. A word of caution, murder files have gruesome material, especially autopsy... View More
I need to know if I have a case pending for a criminal matter but have not plead quilty or been proven quilty does that appear when an employer runs a fingerpring/background check.
answered on Sep 2, 2023
Yes, that information is obtainable as the case is still a matter of public record, absent a sealing order. An adjournment in contemplation of dismissal is still also an open case as it has not yet been dismissed, so although one no longer goes to court for 6 or more months and it is automatically... View More
It was 4/5 felonies. I had to finish school and pay a fine, I plead not guilty.
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answered on Aug 8, 2023
When a case is resolved without a record in New York City, it typically means that the case has been sealed. Sealing means that the case is not visible on most background checks and is not accessible to the public. However, certain law enforcement agencies and government officials may still have... View More
It was 4/5 felonies. I had to finish school and pay a fine, I plead not guilty.
answered on Sep 2, 2023
Your facts suggest you were in fact convicted of a crime if you paid a fine. If your conviction was for a crime, the fingerprints and mugshot and criminal history are there forever, unless somehow expunged or sealed. A charge that is dismissed has the associated fingerprints and photographs... View More
There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention
answered on Aug 7, 2023
As my colleagues correctly advised, this incident sounds more like negligence than assault (which requires an element of intent). Report the matter to your insurance carrier and let them handle it. No real damage does not mean the restaurant did not sustain any damage for which you would be... View More
There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention
answered on Aug 6, 2023
Taking a photograph of your license plate is certainly legal. To prove assault, he would have to prove intent to harm. This sounds more like a simple, negligence action. If your car accidentally hit a structure, your liability insurance should cover the damage. Simply report the accident to your... View More
There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention
answered on Aug 6, 2023
It sounds more like a negligence claim than an assault claim, since there doesn't seem to be any intent on your part. Notifying your insurance carrier could enable them to anticipate possible claims - either from the person or from the restaurant for property damage. Good luck
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answered on Jul 20, 2023
To obtain a copy of your arrest record in New York, you will need to follow these steps:
Contact the arresting agency: Reach out to the law enforcement agency that made the arrest. This could be the local police department or the county sheriff's office. Request information on how to... View More
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answered on Jul 20, 2023
If you believe a judge is engaged in corrupt or illegal activities, the appropriate course of action is to report your concerns to the relevant authorities, such as the Judicial Conduct Commission or other appropriate oversight agencies. They are responsible for investigating allegations of... View More
tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.
Being a new yorker... View More
answered on Jul 9, 2023
Your mother was subjected to a hit and run, sorry. Usually these cannot be pursued because the car and driver cannot be identified. You can file a "late" police report about the hit and run if you now have information about the vehicle and possibly the driver. They are subject to civil... View More
tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.
Being a new yorker... View More
answered on Jul 12, 2023
Sorry to hear what happened to your mother. The act of pushing your mother was an intentional tort and had nothing to do with the operation of a motor vehicle. As such, insurance will not cover the the event. Best to report the matter to the police and let law them handle it. Your mother could... View More
I opened the package as it was addressed to my address and i had recently ordered something from amazon, but instead of a book, two 1oz bars of platinum fell out of the package. A few days later, a manager from one of the local post offices came to my door asking if i had gotten the package, i... View More
answered on Jun 22, 2023
No, you are not allowed to keep the platinum bars as they do not belong to you and were delivered to you by mistake.
Unknowingly receiving them isn't a crime, but willfully retaining them with knowledge they are not yours may be. I recommend you make arrangements to return them as... View More
Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More
answered on Jun 8, 2023
Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More
Three members of my family and another person were phisyically assaulted by a person in Queens, NY and then arrested. We heard basically nothing from the DA unless I emailed them a few times. I have recently found out that the DA’s office accepted a plea deal without even consulting with us.... View More
answered on May 23, 2023
There is no requirement that you would get a say in the plea deal given to a defendant. You do have the right to make a victim's impact statement pursuant to CPL 390.50 "The district attorney shall also give at least twenty-one days notice to the victim or victim's family of the... View More
We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... View More
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answered on May 22, 2023
I'm not a criminal defense lawyer, but I note you have not asked an actual question - so I will just make a suggestion... This forum is a public place and is routinely monitored by many attorneys, including prosecutors. Obviously, you're asking a hypothetical question, but I would still... View More
We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... View More
answered on May 22, 2023
First off, you should not speak with any law enforcement before speaking with your own lawyer. Is it police or campus police who are trying to speak with you? Are you a student currently attending the college where this occurred? An attorney can hire an investigator to retrieve video... View More
In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and... View More
answered on May 15, 2023
The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... View More
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