John P Fazzio III's Answers

My son was charged with theft but at the preliminary hearing the charges were dropped.

If the charges against your son were "dismissed" then your son will have no criminal record. If someone runs a criminal background check they will see that he was arrested.

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Can someone appeal a guilty plea for a felony conviction?

A defendant can take back their guilty plea before sentence is imposed if that guilty plea was not knowing and voluntary. However, after being sentence the defendant will have to file a PCR or Post Conviction Relief application, which requires that there was some error in the proceedings. The chances of reopening the case after sentencing, without any knew evidence, is not good.

My dad's been paying restitution, he's getting very old now and I'm worried about what can happen with the balance if he dies?

Mark is correct. The restitution order is personal to your father; similar to a judgment. You should be careful about the joint checking account. A joint checking account is the property of both people on the account and they can attach all of the proceeds in the account to satisfy the judgment. You should probably get separate checking accounts. As far as the life insurance is concerned, it depends on the beneficiary designation.

What should my next step be for an un-filed return?

Robert is correct. You must file a correct return and it will supersede the SFR - which means, Substitute for Return. You see, when you fail to file a tax return - Form 1040, the IRS will file one for you. You could petition the Tax Court, but you will accomplish the same thing by filing a correct return. There is going to be a late filing and a late payment penalty as a result of your failure to file. You should also consider filing a Voluntary Disclosure Agreement with New York State, if...

Does the bank need to produce original documents to proceed into foreclosure

The bank must establish standing in order to move forward with a New York Foreclosure. Banks often sell/modify loans and change servicing companies without recording or documenting assignments properly. They need to produce an original signed note and every assignment in the chain of title. http://www.nytimes.com/2007/11/15/business/15lend.html?pagewanted=print http://www.floridaforeclosuredefenselawyersblog.com/2010/07/judge-dismisses-bank-of-new-york-complaint-for-non-compliance-with-...

Does it help if the victim of a crime was also a drug user and admitted this to the police?

The victims background is not as important as the weight of the evidence.