Daniel DeMaria’s Answers

Daniel DeMaria

White Plains Federal Crime Lawyer.

Contributor Level 14
  1. When a NY attorney's status is "registered" versus "active", is he still able / allowed to practice law / represent clients?

    Answered about 1 year ago.

    1. Daniel DeMaria
    2. Eric Edward Rothstein
    3. Jayson Lutzky
    3 lawyer answers

    New York does not have an "active" category. The categories are "currently registered", "due to reregister within 30 days of birthday", "delinquent", "deceased", "suspended", "disbarred". The first two categories "currently registered", and "due to reregister" can practice law. I'm not sure about delinquent attorneys. Obviously the last three categories cannot represent clients. You can find out when fees were last paid by looking at the attorney lookup (https://iapps.courts.state.ny.us/...

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  2. How do i look up a topic and get articles and legal information onit? what website does this and how do i use it? if theres more

    Answered about 1 year ago.

    1. Daniel DeMaria
    2. Eric Edward Rothstein
    3. David Michael Kasell
    3 lawyer answers

    The best site that is free is Justicia (http://law.justia.com/) and you can find a lot of information there. I also suggest you search on google.com - you can find a lot of Court cases and legal information on Google. You can also search Google Scholar (http://scholar.google.com/) and put a checkmark in the "legal documents" box. Other than Google, a good source of information is Lexis Nexis, which is a website that is available to registered users only and costs a small fortune. Fortunately...

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  3. If someone were charged with a DWI and Menacing 2nd degree, and the menacing was due to a false statement, which charge is bette

    Answered 11 months ago.

    1. Joseph Paul Petito
    2. Christopher Irvin Simser
    3. Michael Evan Greenspan
    4. Daniel DeMaria
    5. Eric Edward Rothstein
    5 lawyer answers

    It depends on whether it is Felony DWI or misdemeanor DWI. If it's the latter, and if the D.A. agreed to plead everything out with menacing 2nd (which seems unusual), then I might suggest pleading guilty to menacing as otherwise your insurance rates will go up, you'll have to pay a big fine, driver license suspension, etc. But, before doing anything you really should discuss this with a lawyer. Most offer free consultations.

    6 lawyers agreed with this answer

  4. Seeking a pro bono lawyer for representation in a federal case.

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Daniel DeMaria
    3. Timothy Witczak
    4. Stephen F Wallace
    4 lawyer answers

    I occasionally take cases pro bono but only if it seems that a grave injustice has been committed. I'm sure many other lawyers feel the same way. Feel free to contact me for a free consultation, and I can see if I can take your case pro bono - no guarantees, and again, you'd have to convince me that a grave injustice has been committed.

    6 lawyers agreed with this answer

  5. Any good lawyers in New York City to help Motion to Reopen for denial of OPT??? Good understanding of OPT denials.

    Answered about 1 year ago.

    1. Giacomo Jacques Behar
    2. Daniel DeMaria
    3. Jeffrey Adam Devore
    4. Jayson Lutzky
    5. J. Thomas Smith Ph.D.
    6. ···
    7 lawyer answers

    One of my colleagues at the office is very experienced in these and he can certainly help you - he goes to the Immigration Court (26 Fed. Plaza) three or four days a week. I would be happy to put you in touch with him.

    6 lawyers agreed with this answer

  6. Consulting Services Delaware LLC, does it need NY foreign entity registration?

    Answered about 1 year ago.

    1. Daniel DeMaria
    2. Jayson Lutzky
    3. Michael Leo Potter
    4. John P Corrigan
    4 lawyer answers

    Yes, I deal with this situation on a regular basis. You need to register your foreign entity in New York. It is an easy and straightforward process which involves filing an Application for Authority pursuant to s. 802 of the LLC Law. Section 802 states in part: "a) Before doing business in this state, a foreign limited liability company shall apply for authority to do business in this state by submitting to the department of state..." As to the second part of your question, I'm not sure...

    6 lawyers agreed with this answer

  7. I have been hit by a car while riding my bike

    Answered about 1 year ago.

    1. Gregory Scott Gennarelli
    2. Yefim Rubinov
    3. Christian K. Lassen II
    4. Daniel DeMaria
    5. James D. Kiley
    6. ···
    8 lawyer answers

    I'm sorry about your accident but glad that you don't seem to have any major injuries. It sounds as though the other driver is at fault and their car insurance should pay for your hospital bills and for your bike. You should contact a lawyer right away, perhaps one that answers this question, to discuss specific compensation you may be entitled to. You can get a copy of the accident report from the police. Hopefully you have the driver's contact information too. Good luck.

    6 lawyers agreed with this answer

  8. How do I evict someone who moved-in without my permission? I never thought this was even possible. Does he have right to stay?

    Answered about 1 year ago.

    1. Steven Warren Smollens
    2. Daniel DeMaria
    3. Andrew Endicott Schrafel
    4. Cheryl Rivera Smith
    4 lawyer answers

    I am in the process of handling a similar case. The first option is to evict him by way of squatter proceedings, though I note that "a squatter proceeding can be maintained only if the occupant never had permission from the landlord or other person entitled to possession to be on the premises." Goffe v. Goffe, 14 Misc. 3d 130(A) (2007). This depends on the facts of the case, and more information is needed. If he had her permission to enter, then he likely is not a squatter. The second...

    6 lawyers agreed with this answer

  9. My wife was caught by Macy’s security in NYC, allegedly for shoplifting, which was not the case, and we'd like to sue Macy's

    Answered over 1 year ago.

    1. Daniel DeMaria
    2. Edwin Drantivy
    3. Eric Edward Rothstein
    4. Robert Bruce Kopelson
    4 lawyer answers

    You may have a cause of action for wrongful imprisonment, but it depends on whether or not she signed a release. Your post simply states she signed some papers. Most lawyers offer free consultations. You should call a lawyer to discuss this matter in more detail. Good luck.

    6 lawyers agreed with this answer

  10. Can i sue my cosmetolog?

    Answered over 1 year ago.

    1. Gaetano Parrinello
    2. Daniel DeMaria
    3. Timothy Leo Bowden
    4. Joseph Gerard Dell
    4 lawyer answers

    You likely can, depending on whether she advised you of the risks and/or whether she was negligent. If she said "there is a 10% chance your eyebrows will be black, this is a complicated procedure" and you said "Sure, I don't mind the risk let's do it" (and she wasn't negligent) then you may not be able to sue. Many lawyers (including myself) offer free consultations and you should contact a lawyer to discuss this matter in further detail. Daniel DeMaria 845-704-7777 ddemaria@...

    6 lawyers agreed with this answer

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