Peter J Tomao's Answers

Am I eligible for expungement of criminal record?

Consider applying for executive clemency. Attorneys Rothstein and Berliner are right, there is no expungement in New York State. However, New York's governor has the power to pardon past offenses. In the past, this was done very rarely. However, Governor Paterson has announced a program of granting pardons to people who would otherwise be deported for minor crimes. There always a chance that he will extend that program to help people like yourself. I've attached a link to help you find out...

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I had a federal criminal case with a sentencing on September 19, 2011.

A notice of appeal must be filed within 14 days after the entry of the judgment. If you were sentenced on September 19, 2011, you may be out of time to file an appeal. Consult immediately with a criminal defense attorney with exprience in federal appeals. I am attaching a link to my website.

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Why do a b misdemeanor case lawyer cost so much?

Fees are negotiable but be careful about cut rate attorneys. Whether the attorney charges by the hour or a flat fee, all lawyers take the amount of time which they except a case will take into consideration in setting their fees. An attorney offering to handle your case for a lower fee may plan to limit the time worked on the case to the court appearances and is less likely to be available to discuss your case with you. The fact that this is a first (and hopefully only) offense does not mean...

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How can i go about turning someone in for tax fraud i filed form 3949

If your tax returns did not include exemption for your son, you may be able to amend your returns and have a portion of your taxes refunded. Consult with a qualified tax preparer, preferably a Certified Public Accountant or an attorney, to discuss your options. While you could make a complaint to the IRS and perhaps receive a bounty, it's not clear why you would want to do so. If you successfully cause the IRS to conduct an audit or an investigation, your own tax returns may come under the...

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IRS Fraud on Joint Tax Returns?

It's hard to understand your problem from the facts you posted. If you are complaining that your X kept the tax refunds, your only remedy was probably through the divorce proceedings. If you are concerned that your X filed fraudulent joint returns, you should consult an attorney you protect you from prosecution. You can reach me through Avvo if you would like a consultation. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only...

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Are legal fees paid by a defendant discoverable?

Even if attorney fees are NOT protected by the attorney client privilege, a court may quash a subpoena to obtain information regarding them unless the requesting party can show some relevance, Good luck. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further...

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Not happy with my lawyer, do I stick it out with him are is it time to bail?

You must be satisfied with your attorney BEFORE you go to trial or accept a plea offer. You should meet with your attorney as soon as possible to determine what he has done and plans to do in connection with your case. You may learn that he is well prepared to defend your case. However, it is important for you to learn this now. When you call to make an appointmnt to speak with him, you should accomodate his schedule. It is in your interest to meet with him even if the time and place may not be...

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I Bought a Home From Owner to owner the guy used my social security and identity to file taxes IRS 1st time buyer what can I do?

You may have some real big problems coming. If yoy never filed taxes, it is possible that the IRS will want to know how you were able to afford to buy a house. Receiving cash payments is of course not a defense. You should NOT post any further details about what happened on this or any other public website. You may just give information which the IRS will use against you. Contact a qualified attorney as soon as possible- do not wait for the IRS to contact you. Whatever you do donot try to...

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What are options a defendant can take if current attorney is taking too long to issue subpoenas?

As long as a party in a lawsuit is represented by an attorney, the party can not also act as its own attorney (pro se). Courts do not allow a represented party to issue its own subpoenas. The party can suggest that attorney hire a paralegal at the client's expense to assist in trial preparation. However, that paralegal will work under the direction of the attorney not the client. Timing is relative. In many cases, there may be a tactical reason not to issue subpoenas until close to the trial...

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What can i do about someone who lied for years on taxes and i was cheated out of thousands of dollars

If your tax returns did not include exemption for your son, you may be able to amend your returns and have a portion of your taxes refunded. Consult with a qualified tax preparer, preferably a Certified Public Accountant to discuss your options. While you could make a complaint to the IRS and perhaps receive a bounty, it's not clear why you would want to do so. If you successfully cause the IRS to conduct an audit or an investigation, your own tax returns may come under the spotlight. If you...

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