Theodore W. Robinson's Answers

Why did DMV send my license back to me after getting a DWI?

I agree that this looks like a mistake made by the DMV. Usually, you get a notice in Court at your initial Arraignment of the DMV hearing date for the refusal hearing, so check your original paperwork again and if you have an attorney, ask them about the date. It is important to make that date on time because if you miss it, while the DMV will reschedule it, they will do it a long time in advance and your license will be suspended in the meantime. You may also do well to go directly to...

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No-fault divorce (pending in NYS) issue of support from SSID

I'm sorry your life has taken such a turn for the worse, but you can rest assured, that based upon your statements, it is very unlikely that any Judge would force you to pay her maintenance or the reverse. Basically, the real issue is what will happen to the house, will it be sold or will one of the parties buy the other out of their share of the value in the house. Unfortunately, that type of case can get messy which means it can get expensive, so you are better off seeking immediate...

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Is it legal for a neighbor to stare at your children while they play outside

While it may appear "creepy" on the surface, perhaps he's socially awkward or just doesn't have anything else to do and the children remind him of an earlier time in his life which he yearns for again. Instead of considering whether what he's doing is illegal, why not consider treating him like a neighbor and offer him some neighborly advice that his staring is freaking your kids out. Or invite him over sometime so you can secretly "interview" him to see if he's actually creepy or just an...

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Is it illegal to have a wooden sword(bokken) in your home in New York City?

In my experience, if the "sword" is not sharpened and does not have a metal edge that can be dangerous, it is not likely illegal. However, the final decision is left up to the police, prosecutor and ultimately it is up to a Judge and/or jury to decide. I believe you're safe having it on your wall. Good luck.

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Does a NYS Traffic Ticket need to delivered to the motorist directly, or is it OK for the officer to give it to a family member?

In NYS a traffic ticket is known as Simplified Traffic Information and it must be served upon the person who is being charged with a violation of the Vehicle and Traffic Law. However, before you ignore it, you should remember that most Judges will simply ignore that issue unless it is brought to their attention by You! So you must make a Motion to seek to dismiss the ticket due to a lack of jurisdiction of the court over you since you were never properly served. You should contact a local...

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Is it legal to make a server pay for a check when a customer walks out?

I agree with the third answer given. It is not legal to impose a monetary loss on an employee that is not their fault. It would be like making a bank teller pay back a bank robbery loss because they were the teller who had the gun stuck in their face. Ridiculous by its very nature. Good luck..

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I was arrested on August 31st . The summons I got for that arrest are dated september 1st. Do mean that they are defective?

No, if you bring it up, the prosecutor will only ask to amend the Complaint or Simplified Instrument and the Court will grant it. On the other hand, you might wait until a trial and then cross-examine the cop about what date it actually happened and see what he says, but although that might seem appetizing to do so you can eventually embarrass the cop, it will likely backfire on you in front a Judge or jury and they'll later hold it against you. Good luck.

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How long is the statue of limitations on breaking and entering?

It's not a simple breaking and entering, which is a criminal trespass, but a residential burglary, which is a "B" or "C" Felony. The statute of limitations is five years for most felonies, but the statute gets tolled if he leaves the jurisdiction. Tell him to consult with a lawyer right away.

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Can a 15 year old get convicted for murder in the state of new york?

I agree with the first answer. While she could be convicted, the fact that she has a history of mental health problems, together with various factual issues that have not been mentioned here, could prove valuable as a defense for her. It would be best to hire private counsel for her to represent her so she gets the very best defense. A case like this can be a tragedy or it could bring her the help she's needed all along. In many cases, it will depend upon whether she gets the proper...

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Can my fathers X lawyer attest to have witnessed undue influence on my father by his wife.

I basically agree with Mr. Fromme, however, it would appear that if the wife is exerting undue influence upon your father (as you've outlined in your question) then it might be more appropriate to seek the appointment of a legal Guardian to protect your father from his wife's efforts to exert her influence over him. That way, the Guardian would then represent an independent person with nothing to win or lose by the outcome and that person could then evaluate the situation and report back to...

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