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Edward D. Dowling IV

Edward Dowling’s Legal Guides

27 total

  • Pre Trial motions in a Criminal Case

    If the Defendant is charged with a felony and if he was Indicted by the Grand Jury ( see previous article The Grand Jury ) the Defendants attorney should consider making a Motion to Inspect the Minutes of the Presentment of the Case to the Grand Jury to see if the Prosecutor e...

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  • A Brief Overview of the Appeals Process

    The process of appealing an unfavorable decision ( usually after a trial ) whether in a Criminal or Civil Case and whether in a NY State or in a Federal case is substantially the same with some relatively minor differences. Since I wrote a previous article on Federal Civil Li...

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  • Preliminary Hearing ( aka Felony Exam )

    The question of whether a defendant should request and participate in a felony exam is similar to the questions of whether the defendant should testify before The Grand Jury (see previous article The Grand Jury ) and whether the defendant should testify at trial. As stated in ...

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  • A Brief Overview of Federal Litigation

    Unlike in State Courts in New York where only certain types of cases require electronic filing of documents, the Federal Courts ( both Bankruptcy Courts and the U. S. District Courts ) require it in all cases. ( See previous article Consumer Bankruptcy ) This article will o...

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  • Negligence Cases

    There are many types of Negligence cases, but the following are the most common types. 1. Personal Injury 2. Malpractice Cases a) Medical Malpractice b) Dental Malpractice c) Legal Malpractice d) Malpractice of other Professionals ( Accountants, Architects, Engineers, and others ...

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  • The Grand Jury

    The Grand jury is only used in Criminal Felony cases, not misdemeanors. Its function is to determine whether there is reasonable cause to believe that the defendant committed the crime charged. This is a very low standard . It is not anywhere near the burden of proof in a civil...

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  • What Happens next after Arraignment

    After Arraignment ( see previous article Arraignment, Release on own Recognizance, Bail ) the court sets another court date . Prior to or on this court date, the Defense attorney usually decides whether to make any Discovery demands ( demands for documentation and other info...

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  • Estate Administration

    The Process of Estate Administration generally takes 2 forms- 1. Estate Administration, 2. Probate of the Estate. Estate Administration is for estates in which the decedent ( the person who died ) did not make a Will, or if he did, the Will is either determined to be not valid ...

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  • Basic Documents Everyone Should Have for Estate Planning

    There are 4 basic documents everyone should have for Estate Planning. They are : 1.A Last Will and Testament 2. A Durable Power of Attorney 3. A Health Care Proxy 4. A NY Living Will I will briefly discuss each one in turn. 1. A Will In its simplest form a Will is a document...

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  • Arraignment, Release on Own Recognizance, Bail

    Arraignment on the charge(s) occurs shortly after arrest and is when you are brought before a judge to enter a plea ( usually you should always plead not guilty at this beginning stage of the criminal proceeding. If you already have an attorney ( many times you do not since t...

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