Skip to main content
Mark S Guralnick

Mark Guralnick’s Answers

403 total


  • Do i need a lawyer

    i bought a large chili from wendys and when i put a spoon in my mouth i bit into it ,it had cut the in side of my mouth,i spit it out back into the chili and saw that it was a plastic bread tie.....

    Mark’s Answer

    Did you suffer any lingering injuries? If the cut in your mouth was serious enough to interfere with your eating, drinking, chewing or swallowing, then you may have a case. Please call me, and we'll try to help you recover damages for your injury.

    Mark S. Guralnick, Esq.
    Toll-Free 1-866-337-2900

    See question 
  • My husband is on probation for 3 years. last not he was pick up with cocaine.

    will he get out today with a bail?

    Mark’s Answer

    Not likely. Has bail been set? Is there a hearing set? If you need an attorney to help get him out on bail, and to represent him on the cocaine charges, call me. We handle all Philadelphia criminal cases.

    Mark S. Guralnick
    Criminal Defense Attorney
    Cell Phone: (609) 481-9900
    Office: 1-866-337-2900

    See question 
  • Grandparents have legal and physical custody of minor child

    Mother and Father are Plaintiffs in Custody case. Both parents have a mediation case coming up with grandparents. Is there any reason why judge would award custody to grandparents instead of parents? what are some questions that are going to be ...

    Mark’s Answer

    The rights of grandparents have been reduced in recent years, as a result of several major court decisions to protect the constitutional rights of the biological parents. However, there are many reasons why a court would still possibly award custody to the grandparents -- especially if the facts reveal that the parents pose a danger to the children (abuse, neglect, drugs & alcohol, criminal conduct, etc.)

    A mediation is not necessarily a question-and-answer process, but rather an informal negotiating process.

    It would help if you could provide more background information about the case. How did the grandparents get involved in the first place? Are you represented by counsel?

    Please feel free to call for a free consultation.

    Mark S. Guralnick, Esq.
    1-800-LAWYERS
    1-800-DIVORCE

    See question 
  • The court decision was that the mother continues to have primary custody of a son. Father and son will not comply. Now what?

    The first time the son was with his father after leaving the courtroom (less than 48 hours later) he refused to return to his mothers house and the father claimed he would not force his 16 year old son to go home. He had been the one asking for c...

    Mark’s Answer

    You'll need to file a motion for enforcement (which is basically a motion for contempt). You can enforce this kind of blatant violation by asking the court to impose financial sanctions (for example, $100 to be paid for every hour that the father is late in returning the child). You could also petition the court to suspend his parenting time. There are a number of other enforcement devices.

    Please feel free to call for a free consultation. Our office is quite close, on Route 73 in Marlton.

    Mark S. Guralnick
    (856) 983-9900

    See question 
  • Can i sue someone civilly?

    I got arrested in a bar the other night and booked for charges that dont make sense.The person that arrested me was a civilian, a bouncer from a bar. His report does not match ehat the witneses say. There was excessive force from them and they sta...

    Mark’s Answer

    The first thing to do is to beat the battery charge. Unless you can establish your innocence of the battery charge, you'll have difficulty pursuing a civil claim. If you're looking for a criminal defense lawyer, please feel free to contact us.

    Mark S. Guralnick

    See question 
  • Can i sue someone civilly?

    I got arrested in a bar the other night and booked for charges that dont make sense.The person that arrested me was a civilian, a bouncer from a bar. His report does not match ehat the witneses say. There was excessive force from them and they sta...

    Mark’s Answer

    The first thing to do is to beat the battery charge. Unless you can establish your innocence of the battery charge, you'll have difficulty pursuing a civil claim. If you're looking for a criminal defense lawyer, please feel free to contact us.

    Mark S. Guralnick

    See question 
  • What is the penalty for attempted murder of a police officer?

    If a person opened fire at police officers while running away from them after committing armed robbery, and was arrested after being shot and injured by fellow police officers, and is charged with attempted murder, what would be the possible sente...

    Mark’s Answer

    If it's an attempted aggravated murder -- which is what it sounds like -- the defendant would face a minimum sentence of at least 20 years in jail up to 40 years in jail, and a maximum sentence of life in prison under the New York Penal Code. But an attempted Class A-1 felony such as murder may have be be subject to many considerations -- such as whether the Defendant has a prior criminal history, whether he's a persistent felony offender, whether conspiracy claims can be sustained, etc.

    If you're look for legal help, please feel free to cal me. We handle exactly these kinds of cases. I am an experienced criminal defense lawyer and a licensed private detective.

    Mark S. Guralnick, Esq.
    1-866-337-2900.

    See question 
  • I am trying to find out how to terminate my daughter biological fathers rights but in New jersey it's almost impossible help!!!

    I have gotten sole legal and physical custody for my daughter, her biological father willingly gave it to me with a letter sent to the judge, I want his rights terminanted which he will willingly do but in the state of New Jersey I was told by fam...

    Mark’s Answer

    It is difficult to terminate a father's rights, even with his consent, because your daughter has a right to be supported by two parents. As a matter of public policy (and perhaps a moral policy), courts are reluctant to terminate a biological parent's rights unless that parent poses a danger to the child. It might happen if another man were in the picture, ready to adopt the child...

    The method is to file a Complaint for Termination of Rights. Your reasons will have to be very strong -- not simply that he doesn't care about the child or that he doesn't visit her or support her.The Complaint will have to be officially served, and the Court may require DYFS to intervene in the matter (depending on circumstances). It is a process, not a quick court date. Unlike a custody order, a termination order means ALL legal rights and duties are terminated (no chance for visitation in the future, no rights to inheritance, no obligation to pay child support, etc).

    Think about what you're trying to accomplish here. If you still want to pursue it, call me and we'll look into it further.

    Mark S. Guralnick
    (973) 682-9999

    See question 
  • Alimony - Legal Research

    If one went to a family lawyer, at a firm specializing only in family law, to file a Motion for an increase in alimony, should the attorney (10 years out of law school, two years at the specializied law firm) be familiar enough with the Crews deci...

    Mark’s Answer

    Your question begs the answer -- yes, of course, an experienced family lawyer dealing with an alimony case, should know the Crews case, the Lepis case, and other important alimony precedents. But it's hard to say that any particular lawyer over-billed you for researching an issue without knowing specifically what questions were at issue in your case.

    If you have ongoing alimony issues, please feel free to contact me. I wrote the Portable New Jersey Alimony Handbook and a number of our family law books, and we don't charge for information you can readily find in print.

    Good luck.

    Mark S. Guralnick, Esq.
    (856) 983-9900

    See question 
  • Summons for U.S district court Souther district of NY

    2 part question- How long does Plaintiff have to file Affirmation of Service. If the defendant is abroad and cant be served in person how long does he have to answer. Do the same rules apply as in http://www.courts.state.ny.us/courts/nyc/...

    Mark’s Answer

    Generally speaking, under Federal Rule of Civil Procedure 4, a party has 20 days to answer a Summons and Complaint, regardless of where they live. If the Plaintiff attempted to serve by mail, Rule 4 permits a Notice and Waiver provision that gives 60 days to respond. The Plaintiff must serve the Defendant within 120 days from the filing of Complaint. If service cannot be accomplished on time, the Plaintiff can file a motion for more time if there are extenuating circumstances and a good faith effort has been made to serve the Defendant. The Affidavit of Service (or other proof or acknowledgment) must be filed promptly after service is effectuated -- and as I've said 120 days is the general rule.

    If the Defendant is abroad and cannot be served, the Defendant has no obligation to answer -- none, that is, until he is served. Once served, the Defendant can request an extension of time to respond if his location makes it difficult to do so on a timely basis. A Defendant can get more time by simply asking the Plaintiff's lawyer for more time and signing a stipulation extending time, or he can petition the court for more time.

    The federal rules of civil procedure are not the same as the new york state court rules or civil court rules.

    I am licensed to practice in the U.S. District Court for the Southern District of New York. Feel free to contact me, and I'd be happy to help.

    Mark S. Guralnick, Esq.
    1-866-337-2900
    Fax: 1-800-613-2585
    msglegal@comcast.net

    See question