Daniel DeMaria’s Answers

Daniel DeMaria

New York Federal Crime Lawyer.

Contributor Level 14
  1. If I copped out to a deal of 5yrs for attempt to possess a weapon felony.Can I take back the cop out?

    Answered about 1 year ago.

    1. Jonathan Brian Manley
    2. Howard A. Schwartz
    3. Eric Edward Rothstein
    4. Joseph A Lo Piccolo
    5. Jayson Lutzky
    6. ···
    7 lawyer answers

    If you have not been sentenced you may be able to. If you have been sentenced, then the closest thing would be to file a 440 motion to vacate but you would need grounds for doing so (such as ineffective assistance of counsel and/or new evidence), and these are hard to win when you plead guilty. Good luck.

    8 lawyers agreed with this answer

  2. I desperately need to contact a California atty. re a massive corporate fraud issue. The pop-up screen does not let me input

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Paul Karl Siepmann
    3. Edwin Drantivy
    4. Rocco Luisi
    4 lawyer answers

    Fraud would fall under litigation. You can use the "Find a lawyer" feature to search for litigation attorneys on Avvo. Otherwise, post a more detailed question, and contact one of the attorneys from your state that answer. Good luck

    8 lawyers agreed with this answer

  3. Legal term for stalking online.

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. George Costas Andriotis
    3. Eric Edward Rothstein
    4. Christian K. Lassen II
    5. Joseph Gerard Dell
    5 lawyer answers

    Cyberstalking?

    8 lawyers agreed with this answer

  4. Waiting three years for trial

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Yefim Rubinov
    3. Terri Beth Kalker
    4. Daniel DeMaria
    5. Michael J Palumbo
    6. ···
    7 lawyer answers

    Yes, but it likely has to be done by way of a written motion filed before trial.

    8 lawyers agreed with this answer

  5. Is it battery or assault if a homeless person grabs your arm?

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Eric Edward Rothstein
    3. Michael Lewis Marley
    4. Paul Karl Siepmann
    5. Craig A. Post
    6. ···
    8 lawyer answers

    Assault occurs when one person intends for another individual to believe he/she will be subjected to imminent “harmful or offensive” contact. In contrast, battery involves physical contact. It occurs when one person intends to cause “offensive or harmful” contact to another and such contact actually does take place. Thus, it would be a battery. I really hope this isn't an exam question...

    8 lawyers agreed with this answer

  6. Can a buyer back out of buying a house after signing the purchase agreement contract in NYS?

    Answered over 1 year ago.

    1. Michael C. Wild
    2. Daniel DeMaria
    3. Leonore M. Greller
    4. Matthew Scott Kam Tannenbaum
    5. Vincent J. Gallo
    6. ···
    6 lawyer answers

    The contract would likely be conditional on a proper title. Thus, in that sense, if there is no proper title, the buyer *could* likely back out. It depends on the contract, so review your contract and/or discuss this matter with your lawyer.

    8 lawyers agreed with this answer

  7. Can I sue them on my own with no lawyer? Do I have a case?

    Answered over 1 year ago.

    1. Vincent Peter White
    2. Daniel DeMaria
    3. David B Pittman
    4. Arthur H. Forman
    4 lawyer answers

    In most cases a person can represent themselves. This is called pro se representation. In the sort of case you describe you can represent yourself pro se, though it is advisable to have a lawyer represent you .A lot of cases like this are done on a contingency fee basis where the lawyer gets a percentage of any judgment awarded in your favor and so I would suggest you try to see if a lawyer would take this case on contingency before representing yourself. Good luck.

    8 lawyers agreed with this answer

  8. Did I violate any U.S. laws if I am selling a huge amount of name-brand clothing through a website outside of the USA ?

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Mark Raafat Malek
    3. Jayson Lutzky
    4. Maurice N Ross
    5. Mario Sergio Golab
    5 lawyer answers

    This is a very complicated area of the law and you really need to contact a lawyer to discuss this matter in detail. By way of basic information, what I can tell you is this: In both Trademark and Copyright law there is something known as the first-sale doctrine. What this means is that once you've purchased goods from a licensed dealer, you can then turn around and re-sell them provided that you sell them without any material alterations. There is a recent case, from California I believe,...

    Selected as best answer

  9. Federal Procedure

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Stewart C Crawford Jr.
    3. Robert Bruce Kopelson
    3 lawyer answers

    Since you're in Somers, I assume you'll be filing in the Southern District? You're fortunate because the Southern District has a pro se office to help self-represented litigants (which I assume you are) and you can contact them with questions like these. Their contact information is available at: http://www.nysd.uscourts.gov/courtrules_prose.php?prose=contact Incidentally you won't be allowed to file anything until they review it (assuming you are representing yourself), so asking them about...

    Selected as best answer

  10. I am being sued for not paying license fees for playing music in my cafe by BMI. My business is a corporation, does this help me

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Daniel DeMaria
    3. Michael Leo Potter
    4. Jayson Lutzky
    4 lawyer answers

    You should not post any more information on a public forum especially with your own name and the name of the Plaintiff. I'm sure this situation is very stressful for you but with a good lawyer it can be successfully resolved though you may need to pay a bit of money to BMI. I've deal with somewhat analogous cases before - though ones involving copyright. Most lawyers offer free consultations and I would be happy to discuss this matter with you.

    7 lawyers agreed with this answer

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