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Howard A. Schwartz

Howard Schwartz’s Answers

4,006 total


  • My husband was having a seizure and was brought to the hospital. he is now being charged with felony assault because he

    supposedly hit a male nurse while he was having an episode.

    Howard’s Answer

    You have not asked a question. Certainly, your husband's medical condition should be taken into account by the prosecutor and/or the court as they decide how to move forward. There are many factual details that would have to be analyzed and dealt with before trying to predict what the outcome of the case will be. Work with the lawyer representing your husband in order to put forth the best defense possible. Good luck.

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  • Bench warrant for open container ? How to check and take care from abroad ?

    I mailed the fine ($25 for open container in NYC) within the 10 days more two months ago and I did not receive anything so far. I have not been debited either. My date of appearance has just passed in early June and I guess this is when warrants a...

    Howard’s Answer

    You can check with the clerk of the court. It may be the case was administratively dismissed and that is the reason the check wasn't cashed. If there is a warrant there is a possibility that an attorney can have the warrant cleared based on the facts and circumstances surrounding your situation. Good luck.

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  • If I go to the courthouse to deal with my bench warrant, will I get arrested on the spot?

    Will I be able to pay the past due court fees that I owe & see a judge or will I be taken into custody ASAP? please help.

    Howard’s Answer

    If the only issue is payment of the fine, and you have the money, the will probably just send you to the cashier after seeing a judge. Get to the court early. Good luck.

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  • Alimony?

    Since 2010, my husband has been having an affair with the same woman. I have found evidence of his infidelity through his cell phone, (text messages, calls, and dirty pictures). If I choose to file for divorce, will I be able to get alimony? We ...

    Howard’s Answer

    It is possible you might receive spousal support, but infidelity will not be the major factor that is considered. The length of the marriage, income differential and ability to earn a living will be more important. You might want to consider consulting with a local matrimonial attorney to discuss your options. Good luck.

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  • I have sole custody of my 10yr old son, my ex-husband has visitation one day during the week for dinner& alternate weekends

    My son wants to change the arrangements to be a lot more loosely arranged where he can visit his father at his leisure rather than stick to the alternate weekends. How can this be accomplished? We live in Brooklyn, NY

    Howard’s Answer

    If both parents are in agreement, you can modify the schedule to fit everyone's needs. You can also go to court to modify the order. It should be able to be worked out as long as everyone is on the same page. Good luck.

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  • How can someone have a warrant if they was in jail the warrant is for

    My brother got arrested in 2003 he did 5 years in jail they are saying he have a warrant in buffalo ny In 2005 he was still in jail that year

    Howard’s Answer

    He may have missed a court date on one case, while serving time on a different matter. You should get in touch with the clerk's office in Buffalo and try to get more information on the warrant case. It might still be an open matter. Good luck.

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  • Family Court case vs. divorce case

    I have a custody case date that I started coming on June 25. I might have a court appointed attorney by then, but I won't know until the 25th. My wife's attorney sent me a verified complaint action for divorce on the 9th, which means I have unti...

    Howard’s Answer

    Yes. You want to declare your desire for custody in the matrimonial action. It may be that custody ends up getting decided in Supreme Court as part of the divorce action. Good luck.

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  • What are the outcomes of being charged with pl.155.25, as a 21 years old?

    i know some that was called in by there stores LP saying if they dont come in they will call the cops for theft. My friend went in and lp promised her they would not called the cops. During the meeting lp told her she had stole up too 900 dollars ...

    Howard’s Answer

    If this is a first arrest, there is probably not much to worry about. Avoiding jail should not be difficult and if handled well, the matter may be dismissed or resolved with a non-criminal disposition. The ability to pay restitution would certainly ease the situation. Good luck.

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  • My brother has 3 A2 felonies for selling Cocaine to an undercover police officer. This took place in Brooklyn N.Y. In 2003.

    In 2004 he was given a bail and decided to forfeit his bail. Anyway, he went on the run until this present day. Therefore, I would like to have an idea of how much time he would be facing. Thank you....

    Howard’s Answer

    Difficult to give an accurate answer withou further analysis but if the cases can't be beat, jail time is certainly a possibility. How much time would depend on a number of factors including what he has done with his life since he left. A full investigation would shed more light on the situation. Good luck.

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  • First arrest for shoplifting, given DAT. At arraignment, do I have to plead guilty in order to get an acd?

    I'm a first time offender arrested for shoplifting. What exactly is the process of arraignment? I know that I will be informed of the charges against me and I have to enter a plea of not guilty, guilty or no contest. Could I ask for an acd before ...

    Howard’s Answer

    It is unlikely that you will have to prove your need for a court appointed attorney at the arraignment but it won't hurt to have your w2 with you. If this is your first arrest, it is quite possible that the acd will be offered at the initial appearance. You will not have to enter a plea prior to accepting the acd, if offered. It is possible you will be asked to attend a class or perform some community service to receive the dismissal. Good luck.

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