Is there a certain time limit to submit a motion in traffic court? For example if submitting a motion to dismiss would it have to be done in a certain time frame or a specific number of days after arraignment? I am in Long Island, NY. Thank you.
Traffic violations are governed by the Vehicle and Traffic Law of the State of NY. AKA the VTL. Within the statutes there are a number of time limits, additionally others are set in the Criminal procedure law (Look at the sections on simplified traffic informations.) Of course, if you are considering a motion, you best have a lawyer. They ought to do a good job on it and they speak the lingo, among many other attributes.See question
I had one to many drinks and when I got home I grabbed grass clippings and wrote A@#hole on my neighbors garage door. I have never been in trouble before and I am embarrassed to say I am 46 yrs old. When I had awaken and remembered what I had do...
You must live in a town that doesn't have much crime. Anyway, you have criminal mischief and trespass but chances are fairly good you really need to go apologize and buy your neighbor a beer. Maybe you can even figure out why your drunk self doesn't like him and maybe heal the wound. It might also behoove you to quit drinking so much that you do really dumb things.See question
a person with a visa got arrested, for a white collar crime..However, they want to do a plea with him..For him to give up others..He is not a citizen in the USA, if he does give away others, is family life is at risk and his, when he get deported....
Assuming he is a federal defendant if he cooperates and he should only do so with the help of a lawyer (BTW the lawyer need not be from the area he is held in, federal defendants can hire any lawyer admitted in a federal court and that lawyer can move to be admitted for the defendant's case only. That really opens his choices) the government can if they chose place him in protective custody and relocate him through the witness protection program. If they like his help they can nolo pros the case (dismiss it) and it ought not effect his visa.See question
I discovered that my spouse made many racist and misogynistic comments on the internet several years before our daughter was born. Will I win custody based on this? New York
Without a doubt racist and misogynistic comments can be considered by a court in determining custody, however people change over time and having a child can be one of the things that change them. (Just ask the Senator who changed his position on Marriage equality once his son announced he was gay).
The previous counsel is correct, custody depends on what is best for the child. Surely if the comments are not too remote (say over 10 years ago) they may be admissible but I doubt by any means that these ancient comments alone will win the day.
I need help finding an attorney with a excellent success rate to represent me and try and get the best outcome possible. I am charged with grand larceny of $310 and am praying for anything but jail time from paying a fine to strict probation. This...
I want to respond to this from an attorney's point of view. Every case is very important to an attorney who is handling it. We understand that in most cases including criminal cases, the matter may be the only time a person comes into contact with the "system" and is confused and frankly scared to death.
That said, the Avvo "Find a Lawyer" tool is a great way to find a good lawyer. On the other hand, this is a first time petty larceny case and while a crime, it may not require the skill of Clarence Darrow to handle. Look not only at the rating of the lawyers. Most Avvo.com 10 Skill lawyers are going to have far more experience than needed to handle this kind of case and will likely have to charge you more than hiring a newer lawyer who has skills but not much time in the profession. In other words a lawyer with a ranking of 6.5 to say 8.0 is probably more than skilled enough to give you both a great defense and a good fee.
Instead of focusing on Rankings or "who is the best" understand that jail is probably unlikely, and the skill set needed is not a great trial lawyer but someone who is understanding and will take a lot of time to reassure you and answer your questions. Look for someone who knows something about psychology and refers you to a good forensic social worker for screening to make sure you are not suffering from any latent compulsive disorders. Look for this lawyer to get along well with you. A lawyer is like a good pair of hiking boots on a long laborious hill climb. If the boot fits, the walk is still laborious, but it will be a lot less painful. Good luck.
The videos were of my children when they were small. We dropped them off at walmart in White Plains. The staff seem very nonchalent as though this happens all the time
I would start with a strong letter to the Store general manager copied to Wallmart's area supervisor. If the video is lost there is little they can do, hence your only answer is a financial settlement. It is unlikely a very valuable case and if you look on your receipt there may be a requirement that you arbitrate. If so call the Westchester bar association and ask if their lawyer referral panel has someone you can get a free consultation with to evaluate the case. If the value is a small claim, you can bring a suit yourself or if you must arbitrate you can set that up without counsel.See question
My stepson has been taken for questioning in a attempted murder case in South Carolina. They have not formerly charged him yet but he was here in Atlanta when it took place. He cant afford a lawyer. So now he's stuck in jail. I dont know what to ...
Many people confuse pro bono and low bono. Criminal defense must be provided to a person who seeks it anytime that person is indigent. The state must provide a lawyer to him at no charge to him if you qualify as indigent. Hence call up the local jail or police station or better the local bar association and ask who administers your local public defense office then call them and they will advise you on how to get a lawyer. Good luck.See question
My mother broke her femur by her prosthetic knee late Saturday night and the doctor on call said said surgery should be done within 48 hours to better the chances of healing. Then he said he would start looking Monday for a doctor to do surgery, t...
The first question is getting your mom to a good hospital with caring doctors. Is she in a good place. I have never heard of a hospital not being able to get a surgeon even on a weekend.
As for medical negligence, you need to have a duty to the patient, a breach of that duty, that breach causing harm AND damages to the client.
It is way too soon to decide if you have medical negligence but you ought to keep records of conversations. Write them down as soon as you can so you don't forget things. Send e-mails to confirm things etc.See question
Officer told accuser what charges would be filed. Which was PI and evading arrest. Then asked to have statement asap. Then she charged him with AADW FV, EVADING ARREST AND CRIMINAL MISCHIEF. The acusser said she felt lied to by officer. He was sto...
I will answer only your headline question:
Will a court Appointed attorney honestly defend you as good as one you privately hire?
In short, yes. That answer comes with a few provisos however. Court appointed lawyers are often younger and have less experience than their private counterparts. Usually what they lack in experience they make up for in enthusiasm and hard work.
Often these lawyers are often overburdened with work. If that is the case your matter will not get as much attention as a private lawyer will give you. That said, sometimes private lawyers get over extended to so you may be needing to hire a lawyer for a lot more money than others charge to get the attention you require.
In all court appointed lawyers are usually the best lawyers in the courthouse. If you are poor they are a very good alternative to a good private lawyer and always better than a bad private lawyer.
Good luckSee question
I was arrested after an officer entered my home without being invited in and without producing a warrant. upon arresting me they also confiscated two cell phones, a laptop, and cash without a warrant. Thy cuffed me and did not read me my rights ...
If the Cells Laptop and cash was in plain view and taken pursuant to the arrest, and if the cash is part of the proceeds of a crime, then they can take it.
]As for speaking to the press, they have a right to do that unless they so prejudice your case in what they say that you can seek a change in venue. Your lawyer will look into that for you.
As far as needing an arrest warrant, that may be an action that you can bring a suit on but there are exceptions to arrest warrant rules and Finally they do not have to "give you your rights (I assume you are discussing Miranda warnings) unless you are both in custody and they are questioning you about the crime. The taking of so called "pedigree" information is not covered in the need for Miranda warnings.
If you haven't already, get a really good lawyer. Sounds as if you will need one. You can call my office if you like, I do a lot of work in Nassau County.See question