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Paul V. Prestia

Paul Prestia’s Answers

13 total


  • My sister is suing the the city for the use of excessive force.. her lawerys is on the phone with the city l is that a good?

    the nypd enter her home at the time with no warrant, but came up with one 3 monthes later,when they enter her home they throw her on the floor and her small children and handcuffed her husband than hit him in the head with they gun,were it caused ...

    Paul’s Answer

    Hard to say if being on the phone with the City is a good thig. I mean, at least its a start. However, i think the attorney needs to give you a better explanation of what the process is. thanks

    Paul

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  • How long do i have to file a civil suit against the police officers

    i was assaulted by police officers and sustained a head injury but i am currently going back and forth to court because they are trying to say i assaulted the police officer

    Paul’s Answer

    This happens more often then you think. Police use excessive force on someone, then justify it by charging that person with resisting arrest or assault- as in your case.
    You have 90 days from the date of the incident to file notice of claim against the city of new York for false arrest and assault. You can also file within 90 days of your case being adjudicated for malicious prosecution. Of course, your claims will be stronger if you can get your criminal case dismissed. You should consult with an attorney preferably one who can handle both your criminal and civil matters since they are somewhat intertwined.

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  • Falsely Accused Of Rape In Kings County, Hired Attorney Failed To Convey An Offer To Me, Would Like To Know My Options...

    I was accused of rape, from the beginning I was sure the truth would come to light and I would be cleared, however I come to find out now in my pre trial stages that my attorney has not prepared at all for my defense, this would be his first Rape ...

    Paul’s Answer

    You always have a right to change counsel. In a serious case such as yours I would advise you to seek new counsel in light of the communication issues you are having. You and your attorney should always be on the same page. As far as the offer in your case it is common in a victim/sex case that the da's office will take their time to investigate (usually meeting with the victim for their opinion) before making a defendant an offer

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  • How do I check on bench warrants, or outstanding summonses? Kings and New York County in New York City, NY

    7 yrs ago I was issued a summons to appear in court for having an open beer on Manhattan Beach in Brooklyn (Kings County). In 2007, police officers arrested me for holding a subway door open (in manhattan). I was told I had a bench warrant, ended ...

    Paul’s Answer

    • Selected as best answer

    You can appear in person at each courthouse and inquire. You can also attempt to contact the court via phone
    646. 386 4500 if you can get through
    If there is a warrant you may want to get an attorney.

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  • Can charges be dropped before your court date?

    If charges are dropped how would I know? If the case is dropped or dissmissed what does that mean for my arrest record? (first offense) Does it disappear along with everything else? Or do prints stay in the system?

    Paul’s Answer

    Charges can be dropped or dismiised prior to the court date. Your attorney (appointed or private) would know. If dismissed, your arrest would be sealed and prints destroyed. You may also have a civil rights claim against the city of NY depending on the circumstances of your arrest.

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  • Can you win a lawsuit after you do jail time since the appelates agreed on your appeal while you were incarcerated.

    a person was framed for a crime he didn't commit and appealed the decision.

    Paul’s Answer

    You need to sit down with an attorney to discuss the facts of this case to the determine the merits of going forward with a civil suit. This is obviously too complex an issue to provide a definitive answer without knowing the specifics.

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  • Can a grand larceny conviction be expunged in nyc?

    I'm in my 4th year of probation. i have one more year to go.

    Paul’s Answer

    No it cannot. At the moment, felonies convictions in NY cannot be expunged. You may be eligible for a Certificate of Relief from Disabilities which is the closest relief NY State offers.

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  • How do I help my finance become a legal resident of the USA?

    My boyfriend and I want to get married and start a family. I am a US citizen but he is not. He was brought to the US by his parents when he was 4 years old, attended grade and high school here and now works to support himself, my two children and ...

    Paul’s Answer

    You should have a qualified attorney to handle this matter. Your boyfriend will have to apply for a waiver. Waiver applications are difficult and if his waiver is denied you risk deportation. A waiver is the only way to overcome an entry without inspection

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  • Can a person go to jail in new york for self defense,they have no prior record.

    The person was defending their mother and stabbed someone but only to get them off they was arrested but they took the charge from attempted murder to self defense they have a court date.is it possible they could do time?

    Paul’s Answer

    Unfortunately, jail is a very real possibility- even if it is this person's first offense. Unless the DA's case falls apart (i.e. evidence or witnesses demonstrate the victim was initial aggressor or the victim suddenly becomes uncooperative) this is a case likely to go to trial. Any plea deal on attempted-murder (not a reduced charge) would almost certainly carry a jail sentence. At trial, the self-defense issue would be raised as an affirmative, which the DA has the burden of overcoming. At that point it would be up to a jury to decide whether the self-defense was a legitimate justification of the stabbing. It the jury believes this- the case would be dismissed. If not, and if this person is convicted of attempted murder- this person would be going to jail.
    This answer is based only on the question you've asked and does not take into account any of the facts or evidence as i have no knowledge of those particulars. I would strongly advise this person to consult with his or her attorney or to retain counsel.

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  • Why isnt my husband given a court date for a case he has been indicted on?

    We live in NYC. Arrested in nov 2011 and March 2012. Both non violent felony drug cases. Indicted on both cases. He keeps going to court for the Nov 2011 arrest but never given a new court date for the March indictment, why is that?

    Paul’s Answer

    It can take several weeks to be notified of the supreme court arraignment. Keep in contact with his his attorney to be apprised of the daye

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