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Cassandra T Savoy

Cassandra Savoy’s Answers

31 total

  • Can I ask for PTI?

    I was arrested for aggravated assault Thursday because I was defending myself. This is my first offense. I heard about PTI..would like to know more.

    Cassandra’s Answer

    First of all, it you needed surgery, you would hire a professional. . . someone who had been to medical school and understood all of the things that could potentially go wrong. You are representing yourself on a first degree felony charge. You are ineligible for PTI. PTI stands for pretrial intervention. It is designed to give first offenders charged with relatively minor affairs have a second chance. In general, only those charged with a misdemeanor or perhaps a 3d dgree offense will be permitted into the program. Sir, If you are indeed charged with aggravated assault you need a lawyer. You could be looking at a possible 20 year jail term for a crime of the first degree, and a 10 year term if it is a crime of the 2d degree.

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  • Why would a case that has been dismissed still show up on a criminal background check?

    I just had a criminal background check done for a nursing program, and a charge that was dismissed showed up as flagged. I had to have a meeting with the Dean, and now I have to get letters and reports from the courts, all stemming from a charge ...

    Cassandra’s Answer

    Background checks show a couple of things. First they show that you were arrested or charged in some matter. Then it shows the disposition of the charge. If you were arrested and the matter was dismissed, the arrest remains on the record and is accessible to those performing a background check. You should keep the documentation of the dismissal handy.

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  • My soon to be ex husband makes me sooooooooooo angry, hes not willing to agree on anything, will it take longer and cost more ?

    he is sooo controling and sooo self centered,he wont even consider talking to me about anything he thinks hes entitled to everything and that i should just walk away with nothing after 9 years together, will it cost me more and take more time to f...

    Cassandra’s Answer

    This is an easy one. Lawyers generally bill by the hour. When one of the parties is headed for the divorce court kicking and screaming, meaning, that he or she can't or won't agree on anything . . . even those items that are "no-brainers", it will cost you and him more money. For the most part, the party who can't or won't agree is usually the party who does not want a divorce.

    However, at the end of the day, I find that most people relent. The system in ot set up for fighting over nonesense.

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  • We moved into our new home eight months before the actual marriage will the home be considered a marital assesst

    he keeps everything in his name, we moved into the house eight months before the marriage,he said its his house because he paid for it before we got married is this true? will the house be considered as a marital assesst+

    Cassandra’s Answer

    Generally, all of the property acquired during the course of the marriage must be divided on an equitable basis. While your husband may think that because the house is in his name, he could be in for a rude awakening! You are currently living in the house a husband and wife. It is presumed that you contribute to the household and the ability to pay for and maintain the house. Your contribution may not be totally a function of the amount of money your contribute. Other factors come into play. If this concerns you, see an attorney to learn what rights you have and how to protect them.

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  • My husband and I have been separated and live in 2 different states. If I file in Florida can he also file in California?

    My husband and I have been separated and live in 2 different states. If I file in Florida can he also file in California? If so, who gets control over the divorce filing?

    Cassandra’s Answer

    Generally, the party filing first will have jurisdiction over the matter. Whether you should file in Florida or allow him to file in California may be a function of how the rules regarding equitable distribution affect you. You will need to consult an attorney to discuss the specific factors so that you can make a rational decision.

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  • Separated from husband 6 years. He has a pension and house will that be for me when we divorce

    He is living with someone and Im not.. My oldest son lives with me my ex never helped me like he should have.have bu never took him to course like a scared little girl. I have struggled to put food on the tables for my boys and me but we aare happ...

    Cassandra’s Answer

    When couples are married, the courts usually regard the marriage a partnership. This means that all assets and liabilities acquired during the course of the marriage are joint assets and joint liabilities. However, a strong argument can be made that your partnership broke up six years ago. You could not have thought that he was buying a house to benefit the partnership of which you were a part. You are entitled to child support and in most states, the amount of the child support is regulated by state statute. In some states, the rule of thumb is that child support equals 25% to 33% of one's gross pay per week. Your children deserve to eat. Apply for child support.

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  • I was married in 1992 and divorced in 2005. Could I still be eligible for half of my ex-husbands 401 K and pension when he ceas

    I filed in 1999, he never signed and I never followed through. In 2005 I received a notice to appear for divorce court. Divorce final April 2005. Could I be entitled to half of his 401 K as well as half of his pensions upon retirement?

    Cassandra’s Answer

    In general, you might have been entitled to some portion of your es-spouse's pension beginning with the date of the marriage and ending on the date the divorce was filed. Howeve, if you did not make the appropriate requests at the time the divorce was pending, it is highly unlikely a court will entertain those issues four years after the divorce. This is not an issue like child support which can come back before the court after the divorce is final. Pension is an equitable asset. Assets and Liabilities are divided (or not divided) when the judge signs the final judgement of divorce.

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  • If the child;s mother leaves NY and goes to Florida for a few weeks is there anyway that I can get custody of my child?

    The parent in question left the stae for a month and I want to get my daughter to live with me. My parents are finacially challegenged and i am living with my brother in a comfortable house. My daughter would be better living with me. Can i get ...

    Cassandra’s Answer

    Custody is always based on what is in the best interest of the child. It is not likely that the court will change the child's living arrangements for a single month. More importantly, the court will only change custody where the situation warrants, and to determine whether the situtation is warranted requires and investigation and a hearing. Howecer, you are entitled to liberal visitation. You might ask your child's mother if she will permit the child to stay with you for the month in question.

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  • Abandonment

    i married someone in NYC two years ago. he left me and I havent seen him, I have no idea where he is now and have no contact information. how do i get divorced with out paying a fortune and how long will it take?

    Cassandra’s Answer

    Once you have filed for the divorce, your attorney will have to diligently try to find him using all of the modern tools available: internet, postal search, and check with the military. If after diligent inquiry, your spouse can not be found, the attorney will file a motion with the court asking for alternate service. This means that you will be able to publish notice of the divorce in the newspaper. Assuming that you have no common assets and no children, the divorce can be completed in about 90 - 120 days.

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  • How to handle alimony in retirement.

    Divorced 15 years ago after a 25 year marriage, I recently filed to terminate or reduce permanent alimony because I was terminated from my job at 65. The court ruled that I had to find a job and/or pay alimony by liquidating retirement assets. ...

    Cassandra’s Answer

    YOur question raises a number of questions. First, since you seemed to have a sizeable estate subject to equitable distribution, I would assume that one of the assets was your pension. Most judgements of divorce plan for the reduction in the supporting spouse's income at the time of retirement. And, I should add that that retirement at age 65 is considered standard. I am curious about your wife's access to social security. At any rate, you need to bring your jedugement of divorce and all of the relevant documents you can produce to an attorney to determine the feasibility of filing a "Lepis" motion in the attempt to reduce your alimony.

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