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Anthony John Colleluori
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Anthony Colleluori’s Answers

715 total


  • How many times can a criminal case be adjourned while the person is also being remanded ?

    This person also have a parole at the time he was arrested

    Anthony’s Answer

    It can be adjourned as often as the court will permit adjournments. There are concepts of speedy trial that can inure to the defendant's benefit but more often it is the defense that is requesting the adjournments so Speedy trial is not implicated.

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  • Blackmailing me to sign papers legal?

    I signed a paper (something we wrote out on lined notebook paper and had notarized) saying that when the baby is old enough we would get a paternity test done and that who ever the father is has joint custody. He was refusing to give me back my th...

    Anthony’s Answer

    If you can show you were coerced then the document would not come in against you but instead could be used against him proving his duplicity and selfishness. Coerced statements are not considered valid proof.

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  • What kind of evidence would the police have to have to hold a person for residential burglary?

    My son is 17 and is being held for residential burglary? He was arrested where he lived but his name is not a the lease. The police confiscated the stolen property where he was arrested, how can they arrest my son and not the person leasing the ho...

    Anthony’s Answer

    In order to effectuate a warrantless arrest, Police must have probable cause to arrest. The possession of stolen property gives them the right to arrest for that crime. Even if your son didn't live in the home where the property was found, if he is in the home he is PRESUMED to know what is around him and that it is stolen merchandise. Is it possible that he was home at the time but the lessee wasn't?

    Maybe police have DNA, or fingerprints or even an eyewitness description that fits your son.

    Right now your best move is not to worry if the cops did their jobs but to get your boy a very good criminal defense lawyer. You can find one in your home area right here on Avvo.

    Good luck.

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  • Is is legal for a pregnant 17 year old who will be 18 in two months can move out to be with the father of the child?

    iam almost eighteen and my baby's father would like me to move in with him because i sleep on the floor at my parents and i do not have my own privacy so would i be able to move out now

    Anthony’s Answer

    You must be be 21 to even get MARRIED in your State. I doubt that you could do this if your parents objected. On the other hand you could defend the action because it is "unhealthy" for you to be sleeping on a floor especially while pregnant.

    You might want to discuss this with a school counselor or a teacher if you cannot speak to your parents about it.

    Good luck.

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  • Sons mom dropped hours to lower income for more support

    Ok my sons mom an I were still kinda together when she went to court for her daughters dad support case. I was in the attorney office when he had mentioned since I was living with her that maybe if she cut her hours she could get more support from...

    Anthony’s Answer

    You can move for a downward modification on the child support. You should speak to your attorney about it. Further you may want to think about filing a complaint against her lawyer for an ethics violation as to his advice to her.

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  • How does one put their landlord on "notice"? It was suggested that I do so.

    But I dont know what it means...does it mean write a stern letter ? File a motion in civil court ?

    Anthony’s Answer

    To put someone on notice you simply send them a letter return receipt requested and regular mail. The letter should clearly state what you are putting them on notice about (Failure to maintain property, your decision to move out etc etc etc). You can also have them served with the letter by asking a process server or a friend over 18 and not a party to your contract with the landlord to hand deliver your letter to the landlord. Make sure they hand it right to the Landlord.

    As for a motion in Civil Court, you may want to speak to a Landlord Tenant Attorney before tackling that.

    Good luck.

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  • Convictions

    i was arrested for grand larceny, i went to immigration interview, when the officer ask me if u were ever arrested,i said yes. she told me to get my diposition and bring it back, on my second court date i plead guilty to 240.20. i got the diposit...

    Anthony’s Answer

    If Immigration holds you up for the year, you can go back to court and ask the judge to cut the time of the conditional discharge so that it is for less time. It is done all the time. Your lawyer in the criminal case can do it or you can hire someone or speak to the legal aid society about filing the motion on your behalf.

    Good luck

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  • My husband got a DUI in Illinois in 2000, & received court supervision. We want to go on a Alaskan cruise with 1 port in Canada

    My husband has got a DUI in Illinois in 2000, and received court supervision. He has not gotten in any trouble since, and completed everything the court told him to back then. We want to go on a round trip Alaskan cruise, however it will have on...

    Anthony’s Answer

    Once he is in Canadian protected waters, he is in Canada. Hence if he is allowed on the trip, he might have a problem if Canadian authorities board the ship. Why not ask the cruise line if they will allow him to board (this must come up a lot) and if they will why not give a call to a Canadian Immigration attorney and ask what they think may happen.

    I hope you all get to go.
    Good luck.

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  • I finish my probation what do i have to do next

    i fishing with everything

    Anthony’s Answer

    The best person to ask is your probation officer. It would seem however that if you have paid your fines off, made your restitution and completed your probation period, then the only thing you have to do is stay far away from any trouble.

    Again, unless I am missing something once you are finished, you are finished. Fortunately for you there are a number of wonderful lawyers from Texas on AVVO and you could probably call up any one of the criminal lawyers and ask this question and get a positive answer from them.

    Congratulations on completing your probation. I hope you have a Happy Healthy New Year. Be good and be careful.
    Good luck.

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  • How long can someone wait before they decide to press assault charges?

    Had an incident on December 26th, Police were called, but no one was arrested. Now someone is threatening to press assault charges. How long after the incident can you wait to press assault charges?

    Anthony’s Answer

    A person technically has until the run of the statute of limitations runs out. In Michigan, depending on the kind of assault and who was assaulted, the Statute of Limitations is 10 years for a assault with intent to commit murder 6 years on other types of assaults. These statutes also extend if the victim was a child or if to identify the assaulter DNA results are needed etc.

    Without special circumstances the run of the mill assault statute of Limitations is 6 years.

    I think what you want to know is how long can a person take and still get the police to act. That is going to depend on the level and seriousness of the assault and why the person took so long to act. Domestic Violence cases get more time than most cases because police and prosecutors are aware that there are a number of reasons victims wait so long. Best thing is to consult a lawyer and try to bring this to a head privately and peacefully. There is no room for violence in a loving relationship, and there is no reason to be in a domestic relationship with someone if it is not about love.

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