Daniel DeMaria’s Answers

Daniel DeMaria

White Plains Federal Crime Lawyer.

Contributor Level 14
  1. 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 over 1 year 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered over 1 year 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

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

    Answered about 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

  8. We five foreign students rent a house and today we were stolen by someone.

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. Daniel DeMaria
    3. Brandy Ann Peeples
    4. George Charles Samiotes
    4 lawyer answers

    I agree with my colleagues but wanted to add that you should contact your credit card companies right away to report the cards stolen and have the cards suspended. it is important that you do this right away. Also, you may want to change your banking password, e-mail password, facebook password, etc. so that the thief can not access any of your personal information. Good luck.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can you refer us to an attorney that will accept and file a personal injury claim (bedbugs) in Federal Court?

    Answered over 1 year ago.

    1. David B Pittman
    2. Daniel DeMaria
    3. Robert Bruce Kopelson
    4. Ryan S Montgomery
    5. Sagi Shaked
    6. ···
    8 lawyer answers

    I agree with my colleagues. You need a lawyer from South Carolina, and unless you're asking for more than $75,000 this matter should be filed in state court. I do not know what the statute of limitations is in South Carolina but it could rapidly be approaching (if it has not already lapsed), so use the find lawyer tab on Avvo or Google South Carolina Personal Injury Attorney. Good luck.

    8 lawyers agreed with this answer

  10. Should i make a complaint or file a claim

    Answered over 1 year ago.

    1. Andrzej Piotr Szymanski
    2. Matthew Louis Solomon
    3. David B Pittman
    4. Daniel DeMaria
    5. John Paul Thygerson
    6. ···
    7 lawyer answers

    Your current matter is criminal and so your injuries have no bearing on the March 20th court date. You would have to commence a separate civil action and based on the facts described you may have a federal civil rights claim under Section 1983 of the Civil Rights Act. Contact an attorney from New Jersey right away - most offer a free consultation, and if they feel you have a valid case may be willing to take it on a contingency basis where their fees come out of any settlement or judgment you...

    8 lawyers agreed with this answer

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