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1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More
answered on Jun 29, 2024
I can offer some general information that may be helpful:
1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply... View More
My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?
answered on Jun 28, 2024
Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More
And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet
answered on Jun 28, 2024
In New York, tenants have several options for filing complaints against landlords outside of court actions:
1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR.... View More
i am being accused of petit larceny in Bronx County NY, but live in another county about 80 miles from there. what happens if the person accusing me goes to the police? will a warrant be issued? is the warrant good across NYS or only in Bronx County?
answered on Jun 26, 2024
A warrant could be issued if the police believe the person and if the person articulates that you have committed a crime.. It comes down to the credibility of the person making the police report. As to the second issue, the warrant is statewide and You can be arrested in your county and returned to... View More
They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?
answered on Jun 26, 2024
Your lawyer can try to suppress the evidence by having a suppression hearing.
To suppress evidence found during a search of a house, the defense attorney may argue the following points:
1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This... View More
My sister’s home was condemn she had lived with two other people who did elderly abuse on her. They were supposed to have taking care of her but they did not. The house went to hell. My sister died from them not giving her medicines. I live an hour away, was not able to get to the mountains due... View More
answered on Jun 26, 2024
I'm sorry to hear about your sister's situation and the difficult circumstances you're facing. To address your question about securing a condemned home:
1. Generally, the property owner is responsible for securing a condemned property. In this case, that would likely be your... View More
I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means
answered on Jun 26, 2024
The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More
I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?
answered on Jun 23, 2024
No, someone cannot act as both a real estate attorney and collect a real estate commission on the same transaction as it is a conflict of interest. That said, your father could act as your real estate attorney and collect a finder's fee, assuming that the Seller consents to the finder's fee.
I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?
answered on Jun 23, 2024
You should ask your father. Why would you need a broker if you already settled on the property. You need a lawyer to be certain that the seller complies fully with the new Real Property Disclosure statute especially with the new mandatory flood disclosure.
As the title suggests, the court has postponed my hearing more than 4 times. I submitted my evidence the day it happened. Are the points still valid? Did they ever take away the points from my license? If there comes a date when they don't postpone it, do I still have to go to court? How long... View More
answered on Jun 23, 2024
Are the points still valid? Points go on your record only, and only if you are convicted by plea, trial, or default.
Did they ever take away the points from my license? DMV maintains a lifetime record. However, the public record only maintains the points for four (4) years.
If... View More
The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life
The Administators tried everything to push me out
All of this... View More
answered on Jun 26, 2024
I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:
1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities... View More
The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life
The Administators tried everything to push me out
All of this... View More
answered on Jun 22, 2024
What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More
I'm displaced and spent over 8000.00 in hotels, still get harassed, they want me out by tomorrow.....
answered on Jun 22, 2024
This situation sounds very concerning and potentially illegal. Landlords and brokers are not allowed to discriminate against tenants based on disability. This is protected under fair housing laws in many countries, including the United States.
Some key points:
1. Discrimination... View More
Asking about switching to another federal defender, not a private attorney
answered on Jun 22, 2024
When considering switching from one federal defender to another, there are a few key factors to evaluate:
1. Communication issues: If you're having significant difficulty communicating with your current federal defender or feel they are not responsive to your concerns, it may be time... View More
The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.
answered on Jun 22, 2024
To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:
1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or... View More
I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version
answered on Jun 21, 2024
I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:
1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why... View More
the first 5 months? I was then told I could apply for SSI for those months but Social Security is refusing to address the claim? I tried to file an appeal, but still Social Security has refused to follow thru with the claim. What can I do? Thank you
answered on Jun 21, 2024
Based on the information provided, here's an explanation of the situation and some potential steps you could take:
1. Social Security Disability Insurance (SSDI) waiting period:
It's correct that there is typically a 5-month waiting period for SSDI benefits. This means... View More
Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.
Medical Notes Available.
answered on Jun 22, 2024
It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More
Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.
Medical Notes Available.
answered on Jun 21, 2024
If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More
Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY
answered on Jun 21, 2024
I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:
1. Fairness of the hearing officer:
It's generally expected that a hearing officer... View More
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