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New York Questions & Answers
Q: Is it possible to make a motion to ask to sever specific complaints from a civil lawsuit where I am the defendant
Jonathan Damashek's answer
You can move to dismiss particular claims in a complaint. You should try to hire an attorney to represent you.
You can move to dismiss particular claims in a complaint. You should try to hire an attorney to represent you.
Q: I was served with a Summons and Complaint.
Mr. Michael O. Stevens' answer
If you have renter's or homeowner's insurance, that is liability insurance and you should send the complaint to them ASAP.
If you have renter's or homeowner's insurance, that is liability insurance and you should send the complaint to them ASAP.
Q: Can a weapons charge be reduced if the weapon owned was in a locked safe opened by another under direction of the police
Michael Arbeit's answer
The person charged should retain an experienced criminal defense attorney immediately. Many more facts are needed to fully answer your question.
The person charged should retain an experienced criminal defense attorney immediately. Many more facts are needed to fully answer your question.
Q: Can a car that is not mine be forfeited if I was charged with a DWI in NY?
Michael Arbeit's answer
The owner of the car has what is called an "innocent owner" defense. The owner should contact an attorney if the authorities are failing to return the vehicle.
The owner of the car has what is called an "innocent owner" defense. The owner should contact an attorney if the authorities are failing to return the vehicle.
Q: My father was arrested for a charge 130.35, he is here illegally, was immediately imprisoned. He is innocent, options?
Michael Arbeit's answer
Your father needs an experienced criminal defense attorney to represent him immediately.
Your father needs an experienced criminal defense attorney to represent him immediately.
Q: my relative has been charged with a crime. He has been offered a plea bargain but the DA will not give his lawyer access
Michael Arbeit's answer
If the charge is a Felony, the District Attorney's Office does not have to provide discovery until AFTER an Indictment is issued. Many DA Offices have policies that if they make an an offer pre-indictment, it will be withdrawn upon an Indictment.
If the charge is a Felony, the District Attorney's Office does not have to provide discovery until AFTER an Indictment is issued. Many DA Offices have policies that if they make an an offer pre-indictment, it will be withdrawn upon an Indictment.
Q: Got sentenced to no getting arrested or summond to court in 6 months. I got a ticket now, does it effect anything?
Michael Arbeit's answer
The short answer is Yes it could, but the chances are slim and none that the ACD will be affected.
The short answer is Yes it could, but the chances are slim and none that the ACD will be affected.
Q: I am marrying someone in the Dominican Republic of if possible looking to bring him as a fiancé.
Camlinh Nguyen Rogers' answer
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
Q: Can the IRS overrule a court document for claiming dependants.
Russell J. Haynes' answer
In general, the person who provides more than half the support for the dependent is entitled to claim the exemption for that dependent on their tax return. However, exemptions for dependents can be allocated between former spouses by agreement. It is quite common in divorce cases for spouses to allocate the tax attributes in this manner. It sounds like there is a provision in your marital separation agreement ("MSA") saying you are entitled to the exemption. If I had to guess, your son's...
In general, the person who provides more than half the support for the dependent is entitled to claim the exemption for that dependent on their tax return. However, exemptions for dependents can be allocated between former spouses by agreement. It is quite common in divorce cases for spouses to allocate the tax attributes in this manner. It sounds like there is a provision in your marital separation agreement ("MSA") saying you are entitled to the exemption. If I had to guess, your son's...
Q: Dog bite
Mr. Michael O. Stevens' answer
Are you sure he was trespassing, or just that you did not invite him? If you have signs saying no trespassing, that might work, but absent that, how would he know he is trespassing.
Are you sure he was trespassing, or just that you did not invite him? If you have signs saying no trespassing, that might work, but absent that, how would he know he is trespassing.
Q: Is it a violation of state or code of ethics to post my sales history on my personal website after changing companies?
Mr. Michael O. Stevens' answer
No, but it could violate some sort of confidentiality agreement with your former employer.
No, but it could violate some sort of confidentiality agreement with your former employer.
Q: My question is about a person who I thought was a friend who I think is trying to over charge me for a a $1300
Mr. Michael O. Stevens' answer
As far as I know, all states have usury laws to control interest, and that caps the amount she could charge. So, you could tell her she will get paid what was agreed to originally, and if she wants the illegal interest she will have to take you to court. The court would not allow her to collect any interest above what the usury laws allow.
As far as I know, all states have usury laws to control interest, and that caps the amount she could charge. So, you could tell her she will get paid what was agreed to originally, and if she wants the illegal interest she will have to take you to court. The court would not allow her to collect any interest above what the usury laws allow.
Q: I´m an American Citizen my fianceé lives in Brazil. Should we get married there or in the US?
Shan Dimitris Potts' answer
If you are looking for the fastest way you should get married in brazil and apply for her green card, the only disadvantage in this situation is the process takes 6 to 8 months and your fiance will not be able to come to the US until her petition gets approved. If you do not want live away from each other after marriage, you should apply for a fiance visa for your fiance to come here and get married and she can wait here with you for the 6 to 8 months to get her petition approved. Either way...
If you are looking for the fastest way you should get married in brazil and apply for her green card, the only disadvantage in this situation is the process takes 6 to 8 months and your fiance will not be able to come to the US until her petition gets approved. If you do not want live away from each other after marriage, you should apply for a fiance visa for your fiance to come here and get married and she can wait here with you for the 6 to 8 months to get her petition approved. Either way...
Q: I'll be a resident in the US for 3 years soon but haven't been living with my spouse. Can I apply for citizenship?
Shan Dimitris Potts' answer
If you were not married for atleast an year before you got your green card you will have to wait for 5 years before you can naturalize. I suggest you contact an immigration attorney in private to assist you. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that...
If you were not married for atleast an year before you got your green card you will have to wait for 5 years before you can naturalize. I suggest you contact an immigration attorney in private to assist you. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that...
Q: I bought a cream at rite aid called Renewal intensive deep wrinkle cream and after using it twice I'm having a bad a
Mr. Michael O. Stevens' answer
If you are just having an allergic reaction, this would not be a defective product. Someone with a peanut allergy cannot sue Jif if they eat Jif's peanut butter, as the product is not defective. Now, if you are allergic to an ingredient that was not listed on the product, then you may have a case.
If you are just having an allergic reaction, this would not be a defective product. Someone with a peanut allergy cannot sue Jif if they eat Jif's peanut butter, as the product is not defective. Now, if you are allergic to an ingredient that was not listed on the product, then you may have a case.
Q: can I take my husband passport and 10 year residency card from him and leave him in his country
Shan Dimitris Potts' answer
I am pretty sure if you do that without his consent he might press criminal charges against you. Do not indulge in such activities. All the best. -Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze...
I am pretty sure if you do that without his consent he might press criminal charges against you. Do not indulge in such activities. All the best. -Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze...
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