Skip to main content
Anthony John Colleluori
Avvo
Pro

Anthony Colleluori’s Answers

715 total


  • How many times can a case (aggravated DWI) be postponed and can the postponements provide some advantage to the defendant? .

    Regarding a woman charged with aggravated DWI in New York State - 3rd DWI in ten years - two DWIs involved damage to another vehicle - but no injuries. Most recent DWI - BAC was .20 The case been ongoing for approximately seven months - my und...

    Anthony’s Answer

    Time generally favors the defendant. What is her rush? As long as the prosecution case isn't getting better and her case isn't getting worse, then time can only help her.

    See question 
  • Can I press charges

    My ex girlfriend had my facebook password .She deleted all my important photos...Can I have her arrested or is there any legal action I can take ?

    Anthony’s Answer

    I agree with counsel above but if the can be restored I doubt the police or the US Postal inspectors will do anything. Get yourself a back up on the cloud and protect your passwords

    See question 
  • How long does it usually take to be arrested after an embezzlement investigation

    My former employer found out that I had embezzled over a year ago after I had left the position. I tried to work something out with him and he kept going back and forth with it but I never heard back from him. I have since given birth to my child ...

    Anthony’s Answer

    Get a lawyer right away. They have until the statute of limitations is up to indict you and if they do the charge can pend forever. You need a lawyer who can back them off or force them to close the case. Good luck.

    See question 
  • My husband and I are filing an uncontested divorce soon. How long does it take to have the signed papers from the Courts

    returned, if we are living in Queens. I understand that Westchester has a faster turnaround, but do you need to be a resident there, or do we have to file in the court in Queens. How long in Manhattan.? Essentially, are there options to expedite m...

    Anthony’s Answer

    IF you both live in queens, then that is the venue. If one of you moves to Westchester or Manhattan then you can venue there but either way it is likely to take anywhere from 3 months to a year for it to become official especially in Queens. A lawyer might help speed it up some but not by much. Good luck.

    See question 
  • My boyfriend got arrested for armed robbery and can prove he wasn't involved. Would having an attorney at his bail hearing help?

    His hearing is scheduled for 1:30 pm tomorrow. He is confident that he can prove his innocence and that he wasn't in the area at the time of the robbery through surveillance tapes. They arrested him with no evidence other than the cop saying that ...

    Anthony’s Answer

    YES!!!!!! Get him a lawyer asap. In fact his only chance at making bail is if he has a good criminal defense lawyer who can make his case for him. While the court ought to provide free counsel, having hired a great lawyer will help in a case like this. If he does it (or tries to) himself there is next to no chance of a judge not holding him. He needs an advocate Pronto. If you don't know of one, get on AVVO.com and look for one with a very high rating. Armed Robbery is very serious and should only be handled by someone with a great avvo score and a lot of experience handling violent crimes (Armed robbery is always considered a violent crime even if no one was injured). Good luck to you and him and his dad!!

    See question 
  • Can I go after someone that scammed me out of Bitcoins on Craigslist?

    I was contacted from a potential buyer of Infinitecoin(IFC), a digital currency similar to Bitcoin. The transaction entailed 100Million IFC for 11.25 Bitcoin. The seller gave me her name and we exchanged over 100 emails regarding the transaction....

    Anthony’s Answer

    The Short answer to your direct question is yes you can sue her. You may even be able to report this as a crime (Contact the US Postal inspectors) but it is highly doubtful that you will ever locate the scammer. That doesn't mean you ought not try. Success in finding her is far more doubtful than success on the merits which is a whole other issue. Good luck,

    See question 
  • Can I fight a cell phone ticket by presenting impartial evidence?

    I have a sales receipt from a grocery store where I used my debit card that says I checked out at 7:21. I walked to my car and pulled out of the parking lot and pulled into traffic. I drove approximately a mile down the road and was pulled over. T...

    Anthony’s Answer

    • Selected as best answer

    As long as you have a certified copy of the business record you should be able to use it to fight your ticket. I would think about speaking to a lawyer but you may not need to hire one to defend you given the proof you have. Good luck.

    See question 
  • If you got indicted by the grand jury 10 years ago and were never arrested nor served with indictment is the indictment still

    My sister was indicted on welfare fraud 10 years ago but we never knew about it until someone said they saw her name in the paper 10 years ago so she was never arrested and never served with an indictment. So what is the statue of limitations on a...

    Anthony’s Answer

    In most cases the statute of limitations is tolled by the indictment. Hence if she was indicted before the statute of limitations expired then the indictment in and of itself is sufficient to stop the dismissal. If the information you received is correct then your sister is a fugitive. She needs to see a criminal defense attorney right away. (You do not have to hire a local lawyer as in Federal cases any federal criminal lawyer can usually appear in any federal jurisdiction by motion for this case only aka pro hac vice). Get a good lawyer for your sister and address this problem before she gets busted one day on her way to picking up her kids from school.

    See question 
  • Is this child exploitation/pornography?

    My 2 year old daughter had a bad diaper and I asked her dad to send my a picture to compair with the night before. His judgement is not always reliable as you will soon see. He told me that she was with just him hanging out at his house. Well, she...

    Anthony’s Answer

    interesting question. It ought not be child porn unless there was an attempt to sexualize the child, but prosecutors have brought cases like this before and while I think it is very wrong to prosecute based on these facts, it is conceivable that it could be child porn. With that said, if it is, it doesn't matter who took the picture. If it is child pornography the photographer's relation to the child is unimportant. In fact since you asked for the picture, I think a prosecutor could actually prosecute you for soliciting the pornography. Further it is illegal to possess child pornography so if the picture is pornographic, your possession on your computer is a federal felony as is the father's sending it and depending how it was transferred to him, the original photographer is also at risk. I think I would go find a criminal defense lawyer who handles these kind of Internet sex crimes and discuss it further with them. I would be very careful about turning anyone in at this point until I had legal advice from a lawyer I retained to advise me.

    See question 
  • Can I file a lawsuit for being exposed and testing positive for tuberculosis in a nys correctional facilility

    I tested negative for 2 years. I had an appeal overturned and was released from SHU for 45 days. Then was searched in my living quarters, Personal mail confinscated for 48 hrs with no explaination. Urine drug screened 3 times during that one month...

    Anthony’s Answer

    I am not sure why you are giving all the SHU info because it doesn't matter however while you can file suit it is highly unlikely you will win anything or even survive summary judgment. You may however want to look into other potential civil rights opportunities to recover for your treatment at the hands of your guards.

    See question