Daniel DeMaria’s Answers

Daniel DeMaria

New York Federal Crime Lawyer.

Contributor Level 15
  1. Just got arrested for DUI, any atty know what to do for me?

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Daniel A. Mcguinness
    3. Carlos Gonzalez
    4. Eric Edward Rothstein
    5. Ronald Steven Nir
    6. ···
    9 lawyer answers

    The most important thing at this point is DO NOT SPEAK TO ANYONE other than an attorney. Anyone else can be compelled to testify against you. Do not discuss this matter with your friends, your neighbors, your parents, etc. My firm handles these types of cases on a regular basis and we answer the phone and e-mails nearly 24/7. Call multiple attorneys to get a sense of whether you have a good "fit" with the attorney.

    7 lawyers agreed with this answer

  2. Police pick u up and say they are charge u with 220.43 but they say it happen a month ago but u never sold the drugs they said

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Jayson Lutzky
    3. Eric Edward Rothstein
    4. Jonathan Neal Portner
    4 lawyer answers

    This is an extremely serious matter and you should contact a criminal defense attorney right away. It really turns on the facts of the case, and I am unable to properly assist you without more detail. Many lawyers, including myself, offer free consultations and you can find our contact information on our Avvo profiles.

    7 lawyers agreed with this answer

  3. Head injury 3 years old might go to jury trial but only can recieve policy limits. shouldn't this be setted out of court

    Answered almost 2 years ago.

    1. Daniel DeMaria
    2. Christian K. Lassen II
    3. Edward Phillip Shaughnessy
    4. Joseph Gerard Dell
    4 lawyer answers

    Matters often settle before trial - sometimes on the courthouse steps on the day of trial. So if you're asking because trial is approaching, I wouldn't lose any sleep over it. My colleague just settled a case with NYC just minutes before jury selection was set to begin. Good luck.

    7 lawyers agreed with this answer

  4. My son have been sitting in the waiting room of a hospital for 2 hours with an open woon cut that's still bleediNg

    Answered almost 2 years ago.

    1. Eric Edward Rothstein
    2. Daniel DeMaria
    3. Elizabeth Taylor Herd
    4. Lars A. Lundeen
    5. Marco Caviglia
    6. ···
    9 lawyer answers

    I agree with my colleagues. This is called triage, where they deal with the most urgent cases first. This isn't a legal case, so just try your best to calm your son down, and best of luck.

    7 lawyers agreed with this answer

  5. What is the SOL on a written at-will employment contract that has been breached by

    Answered almost 2 years ago.

    1. Daniel DeMaria
    2. Alena Shautsova
    3. Vincent Peter White
    3 lawyer answers

    In New York all employment is at will, which means that you can be let go at anytime without cause. Ordinarily you have six years to sue for breach of contract, but there really is no such thing as an employment-at-will contract. You can sue for harassment and discrimination, and depending on the facts and the cause of action, you'd likely have three years, but you may have as little as one year - it depends on the facts and the cause of action asserted. Breach of contract is not a cause of...

    7 lawyers agreed with this answer

  6. Do I have a case against Walmart after they put too much oil in my car and now it will not run ?

    Answered almost 2 years ago.

    1. Daniel DeMaria
    2. Jeffrey Ira Schwimmer
    3. Travis Wayne Story
    4. Rixon Charles Rafter III
    4 lawyer answers

    You may - the reason I say that is that if your mechanic says that the damage was due to too much oil, Wal-Mart will come back and allege that you added more oil after. Of course the judge may not believe that because who would add oil right after an oil change but who knows. I suggest that you begin by writing a demand letter demanding they pay for the damage. If they don't, you can sue them in small claims court.

    7 lawyers agreed with this answer

  7. My lawyer sent my case to the FBI . can i also call the FBI

    Answered almost 2 years ago.

    1. Joseph A Lo Piccolo
    2. Daniel DeMaria
    3. Eric Edward Rothstein
    4. John M. Cromwell
    5. William A. Jones Jr.
    6. ···
    6 lawyer answers

    Have you discussed this matter with your lawyer? If not, that's the first step. It is unlikely the FBI will tell you the status of the case and so you don't have much to gain by calling. The agent who answers the phone will simply take your report and pass the information along to the investigating agent.

    7 lawyers agreed with this answer

  8. Can i marry with American citizen if my passport is expired ?

    Answered almost 2 years ago.

    1. Daniel DeMaria
    2. Justin G. Randolph
    3. J Charles Ferrari
    4. Samuel Patrick Ouya Maina
    5. Jeffrey B. Peltz
    6. ···
    6 lawyer answers

    You can marry an American citizen but that will not automatically solve your immigration problems, and even if you get married to a U.S. citizen you can still get deported. You should speak to an immigration attorney about filing an I-130 immigrant petition, an I-485 adjustment of status form and an I-765 employment authorization request.

    7 lawyers agreed with this answer

  9. Language in complaint - I'm the devil incarnate. Does this affect in any way the case?

    Answered almost 2 years ago.

    1. Daniel DeMaria
    2. Jayson Lutzky
    3. Eric Edward Rothstein
    4. Charles Michael Tobin
    4 lawyer answers

    That sort of strong language shouldn't have any bearing on the proceedings though you may want to ask your attorney whether you should be filing a motion to strike the scandalous language from the pleadings. I attach a link to a brief of law which better explains what I mean, and which should shed some light on your question. http://www.justice.gov/civil/cases/cobell/docs/pdf/09032004_motion.pdf

    Selected as best answer

  10. "Good Evening, I purchased some Chunky Light Tuna and it has fly carcasses in it, I already had ate some before noticing

    Answered over 1 year ago.

    1. Matthew C Simon
    2. Daniel DeMaria
    3. Adam L Rothenberg
    4. Christian K. Lassen II
    4 lawyer answers

    I agree with my colleague but just as importantly make sure you preserve the evidence. Do not throw the tuna or the fly carcasses away. Additionally, take pictures of the tuna can which it's still "fresh". You can find a good attorney on Avvo.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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