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Barry Lawrence Aaron

Barry Aaron’s Answers

43 total

  • I was caught shoplifting at Urban Outfitters and I'm not sure if I'm supposed to ignore the Civil Demand?

    In the Urban Outfitters on 6th Ave in New York, I picked a couple of things off the sales floor and returned it. The cashier said that I would get merchandise credit, and I said that was fine. When I left the store, I went into a local Starbucks, ...

    Barry’s Answer

    I agree that stores do not generally pursue these civil remedies; They hope you will just pay it, and if you don't they don't bother wit it (unless perhaps there is a large amount of money at stake) because the cost of litigation far exceeds the expected returns.

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  • Can the judge be sued for perjury?

    My colleague left work after 23 years. By law, within the one year time limit, he requested his end of service benefits through the courts. The judge's decision was against him as he stated it was after the one year time limit. He has documente...

    Barry’s Answer

    No, the Judge cannot be sued for perjury (or anything else).
    Your colleague should retain an attorney ASAP to evaluate the Judge's decision and decide whether or not to file an appeal.

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  • My son 1 month with his new license working till 10:20pm driving home from Cambridge new york washington county in november 2011

    had and accident and totalled the car. It had been raining that day on and off and got cold. The roads are hilly and curvy; he felt like he started to slide and hit the brakes to hard and went right into the guard rail on the right...which threw...

    Barry’s Answer

    Unless the police are offering up a totally different version of the facts than your son's,
    I see no reason for this summons. I agree that you..with or without an attorney assistance...should fight this one.
    Good Luck!

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  • Speeding ticket with faulty speedometer

    I was pulled over last night for apparently going 76 in a 65 zone on 531 in Ogden, NY. When I passed the police officer I looked at my speedometer and saw that it read 70, and not 76. I pulled over when he put his lights on, he came to my window a...

    Barry’s Answer

    Faulty speedometer is not a defense to speeding, but it may help mitigate (reduce) the fine and points, as my colleague suggests. In any event, you admitted you were speeding (70 is still over the limit), so I do not see this as a case you want to go to trial with...I think getting the best possible plea deal should be your goal. Good Luck!

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  • I plead guilty to a crime and the judge didn't waive my appeal

    The only witness in my case at the time said he wasn't sure if I was the suspect or not.well recently he signed a statement to saying that I was not the shooter and he is 100% sure..what can happen with this new info...

    Barry’s Answer

    Even if the Judge did not, in fact, "waive your appeal" (i.e., have you waive your right to appeal), it is usually very difficult to withdraw a plea of guilty. The Judge probably did a full and thorough "plea allocution" in which he or she asked very specific questions about what you did that you are pleading to, and likely questioned you about the fact that you, by pleading guilty, understand that you are giving up all your rights to a trial, cross-examine witnesses, etc. The burden, previously on the DA to prove your guilt, will now be on YOU to get the Judge to vacate the plea.
    While you have nothing to lose by trying, I assure you that it may be very difficult to achieve.
    Good Luck to you.

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  • I have a 1 1/3-3 year prison sentence. How many months will i serve?

    Grand larceny 4th degree. E felony

    Barry’s Answer

    You didn't indicate what felony you were convicted of; Depending on the nature of your case,
    whether you avail yourself of the various programs offered by Corrections, whether the DA or victim (if any) files a statement with parole, and your behavior in prison..you may be released after serving only a portion (few months) of your sentence, and very likely not more than 2/3rds (or 8 months).

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  • Can I sue Denny's for food poison?

    I have credit card statement and Doctor's.

    Barry’s Answer

    • Selected as best answer

    The question is not whether you can sue...of course you can...the real question is whether you have sufficient evidence to prevail. If indeed you have evidence that you became ill due to food poisoning as a result of consuming food at Denny's, you may indeed have a good case.
    I suggest you consult with competent counsel and discuss your evidence and options.
    Good Luck!

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  • Can I denounce my brother, who is just a permanent resident, to be deported for committing fraud on our mother's home and bank?

    My brother committed fraud on our mother's home by using a mortgage elimination system and draining the equity out of the home of over $500,000. We sued for fraud and won by default, but he was never held accountable because this was all at the b...

    Barry’s Answer

    You can file a complaint with the police or your local DA's Office and see if they believe there is a basis for criminal charges. As my colleagues have so eloquently stated, ICE will not act on your report; As a former prosecutor, I can tell you that ICE is overwhelmed and understaffed and generally will not take action in this type of situation absent a deportable felony conviction.
    Best of Luck!

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  • I need to know what to do

    im in a volunteer fire department. there are members in the department saying that im on drugs. It all comes back on when i was in the department a couple of years ago. i was on drugs heavy. they asked me to quit untill i get off of them. when th...

    Barry’s Answer

    I agree with my colleague...Yours is not really a legal problem. Since they are not obliged to drug test you at their expense, I think you really have 3 choices:
    1) Pay for and take your own test and present the (hopefully) negative findings, to stifle the gossip; or
    2) Resign from the volunteer Fire Dept.; or
    3) Grin and bear it!
    Best of luck!

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  • How serious does the case have to be before there will be inter-state extradition with Maryland?

    I expect the perpetrator to not answer a summons to criminal court in Maryland. The matter is a @$25,000 embezzlement case and additional @ $20,000 in fraud involving four separate victims. If Maryland puts out a warrant and he is located in ano...

    Barry’s Answer

    As a former prosecutor who handled hundreds of extraditions, I can tell you that there is no definitive answer to your query. Because of the costs attendant to requesting an extradition from another state, local prosecutors don't always file. The charges sound fairly serious, but that is just one of the many factors. They will also consider the strength of the case (available evidence of guilt), likelihood of conviction, prior criminal record, and, as I said, the costs involved. (For example, an extradition from a neighboring state might be quite inexpensive, but not if they pick up the defendant in, say, Hawaii.)
    P.S. Save your penny....It's not within my fee structure ;-)

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