Patrick J Mcdonnell's Answers

Patrick J Mcdonnell
Buffalo Criminal Defense Attorney.
Contributor Level 8

4

Attorney answers:

  1. Patrick J Mcdonnell
  2. Richard C. Southard
  3. Eric Zev Reimer
  4. J Charles Ferrari

If I tell some1 2 stop contacting me 1 time and they contact me 1ce more, is that considered harassment/stalking?

Asked by a user in Brooklyn, NY - 8 months ago.

I doubt that a court would entertain that, especially if you had nothing to show that you told this to the other person. I would make it very clear to this person to back off.

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2

Attorney answers:

  1. Patrick J Mcdonnell
  2. Michael David Siegel

Can a landlord evict you if your immediate family moves in with you

Asked by a user in Farmington, NY - 8 months ago.

A month-to-month lease can be revoked with 30-days notice. The landlord must give notice a full 30 days prior to eviction. In other words, if the rent was due on the 1st of September and he gave notice on or before August 31, they have to be out by September 30. If he did not give notice until after September 1st, they do not have to move until October 31st, a full 30 days after the month when the rent was due.

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4

Attorney answers:

  1. Patrick J Mcdonnell
  2. Theodore W. Robinson
  3. Ekaette Patty-Anne Eddings
  4. Gary Stuart Miller

Can I go to Canada with a "Disorderly Conduct" on my record?

Asked by a user in Albany, NY - 8 months ago.

No, not for disorderly conduct UNLESS it was for the subsection of inciting a riot. Then, IT WILL restrict your entry. Some offenses, even though only violations, can effect your entry status into Canada. Another violation that will definitely restrict you if convicted is the violation of Driving While Ability Impaired (Sec 1192(1) of the V&T Law). This is the charge pled to in many cases to reduce the charge of Driving While Intoxicated, a misdemeanor, to the violation. But Canada doesn't...

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2

Attorney answers:

  1. Howard M Lewis
  2. Patrick J Mcdonnell

Marital asset

Asked by a user in Babylon, NY - 8 months ago.

A mortgage and title on the deed are not the same thing as marital property. NY has not been a title state since 1972. This means that, regardless of who holds title, if it was purchased with marital funds during the marriage, it is marital property and you are entitled to a percentage of it, maybe as much as 50% or more. Your residence in another state will not effect the equitable distribution of marital property when you settle your divorce. Talk to a lawyer to negotiate your final...

1 lawyer agreed with this answer

1

Attorney answers:

  1. Patrick J Mcdonnell

Does the woman have the right to keep her ex-husband in jail for child support issues?

Asked by a user in New York, NY - 8 months ago.

They don't lock up fathers who have been paying their child support. Obviously, he wasn't. If he is in arrears (back, un-paid child support), yes, she could have waived the money owed to her. But be realistic...would you?! I don't know what he owes, but it may be a substantial amount of money. You're right about that "Catch-22" situation...you can't make money to pay child support while locked up...and the child support obligation does not get suspended while he's incarcerated, so he needs...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Eric Edward Rothstein
  2. Patrick J Mcdonnell
  3. Theodore W. Robinson

My boyfriend was arrest by he parole office for leaving the state he was on post release supervision what can he do now

Asked by a user in Brooklyn, NY - 8 months ago.

TALK TO HIS PROBATION OFFICER!! He should have done this prior to leaving the state and asked for permission. If there was a valid reason for him to leave the state, the probation officer certainly may have been sympathetic and understanding and may have let him go. It is SO easy to violate probation, yet so simple to avoid it. he just has to do what's required of him during his probation period. If not, he gets the alternative...incarceration. I think it's an easy choice to make!...

1 person marked this answer as helpful

4

Attorney answers:

  1. Steven Everett Savage
  2. Richard C. Southard
  3. Eric Edward Rothstein
  4. Patrick J Mcdonnell

Whats the difference between a police report and police complaint

Asked by a user in New York, NY - 8 months ago.

A Complaint, whether a "police" Complaint, Misdemeanor Complaint, or any other document titled Complaint is the document used for the basis to commence a prosecution for the crime charged. It spells out the basis to substantiate the charge and then adds the specifics of the crime to support the charge. A police report is an administrative document within the police department that spells out the details of the incident in the officers own words on what occurred. It is discoverable to the...

1 person marked this answer as helpful

2

Attorney answers:

  1. Patrick J Mcdonnell
  2. Mary Katherine Brown

My ex-wife wants my daughter to get braces. Can she force this issue even if we share joint legal custody.

Asked by a user in Elmira, NY - 8 months ago.

depends what your divorce agreement, if any, says.

3

Attorney answers:

  1. Patrick J Mcdonnell
  2. Eric Zev Reimer
  3. Barry Franklin Poulson

When a child is born can the parents put a claim on there child with county.

Asked by a user in Wappingers Falls, NY - 8 months ago.

I don't understand your question, but I do know that children are not "property!"

2

Attorney answers:

  1. Patrick J Mcdonnell
  2. J Charles Ferrari

Can an 20 year old get married to an 16 year old while shes pregnat and not get a case?

Asked by a user in Buffalo, NY - 8 months ago.

he committed a crime when she was 16. It doesn't matter that he thought she was older. Getting married does not erase the pre-marriage conduct.