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I need a good attorney lawsuit is against nassau county and police department .i was ordered removed from u-s while the statute

Elmont, NY |

To whom it may concern .

This crime scene took place in Nassau county Elmont New York on Date-02-11-1996 I was 17 years old back then when i was siting in my friend's car and we pulled in to a parking lot and parked in a space and there was a car right next to our car where there were 1 couple was siting in that car and soon as i opened my side of the door which was front passenger side it slightly touched the fender of there car and then i seen the guy staring at me so i waved my hand at him saying sorry since the window of his door was closed i don't know if he heard that so i turned to close my door and then soon as I turned around this guy was pointing his middle finger at me and then again this time i went loud saying i am sorry okay and this guy all of the sudden pulled his car o

Attorney Answers 3

Posted

If this happened in 1996 hasn't the 3 year statute of limitations to file civil rights lawsuit expired?

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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5 comments

Asker

Posted

i was ordered removed from united states in 1998 and back then they did not have relief for victims like they do now i was talking to some one in civil court who mentioned that if i ordered removed from us in 1998 and i was under age when the crime took place it needs to be toll and since one of the parties was legally bound not to appear it can be brought before the judges and i am looking for good attorney to file a lawsuit against nassau county police department for harassment to drop charges or they were goin to kill me and it was clearly mentioned over my house phone and i never droped charges and other lawsuit is going against suspects who was arrested back then and admited the crime on the police report i have a bad brain injury and the stitches are still inside of my head that can never be pulled out it was 3 layers and the top one was removed i am looking to file a claim for 20 million dollars against nassau county police department and one against the suspects i need an attorney immediately to file these claims on behalf in civil court because i was planing to have my familly member to do that but its always better to have some one who knows the process and my MRI will show the seriousness of this injury would you be able to help me ?

Asker

Posted

if you read the details of this crime its lot more then what it shows on thsi police report and i need to obtain another police report from 5th precinct its attempted rape charge of a person under the age of 18 and who was also ordered removed from u-s for not bieng under status but that immigration problem occured because of some other reasons and it does not have any thing to do with this case .

Asker

Posted

the suspect who made attempt was off duty sheriff and he used the gun that was supose to be used on duty .reason why i was theratend by 5th squad over my phone to drop charges

Asker

Posted

because they knew that guy was off duty sheriff from the same town who made attempt and then forced my head against the window when i did not let him do what he wanted to

Asker

Posted

i have 42 witnesses on this police report but police department is not bieng helpful to release there statements saying that law suit is against nassau county and one of the officer who have been helpful mentioned that there is no one in that department who would help her or me we need lawyer to supenor there statements to be disclosed

Posted

Aside from the fact that this happened over 17 years ago and thus the statute of limitations has expired, you don't tell us what he NCPD did. Were you a citizen of the US at the time? You seem to be saying you were expelled from the country. On what grounds were you expelled? You seem to be here, now. How did you get back into the country?

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.

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13 comments

Asker

Posted

no i was ordered removed from united states before i could ev come forward and my orders of removal took place in 1998 but it was only for not having status in u-s it was not because of this case

Asker

Posted

i spoke to a lady in nassau county civil supreme court she said my case needs to be tolled because i was under age at the time of crime and then i need to have attorney to bring along the orders of removal and file claim against nassau county police and those suspects

Asker

Posted

and it suppose to go to biger claim court because i still havae the stiches there were three layers of stitches because the injury is deep and the only top layer was pulled and doctor mentioned i have to live with 2 inside of my head

Asker

Posted

i don't know if you aware but uscis is offering victims of such crimes to come forwrad and cooperate with laws and its been ever since 2007 but i just came to find that out but now in order for me to proceed with the case i need an attorney to have this case to be brought before the judges then they will issue a certification form for me to appear in court . and sir my story on this case is real and no lies involved what so ever infect i care less about bieng in united states then bringing these individuals to justice for the injury that i am still suffering from .

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

the statute of limitations is tolled until you are 18, in this case. it is then either one year and ninety days or 3 years from your 18th birthday, depending upon who the defendant is. if it is a government agency or department, like the police department, you would have to have filed a Notice Of Claim within ninety days of the date the toll expired, I.e. your 18th birthday. the sol for any tort claim not against a government agency or department, ran in the year 2000, I'm sorry to say. it sounds like you were beaten up pretty badly by NCPD. I'm sorry there is no remedy.

Asker

Posted

i was detained for not having status in u-s durring the month of june of 1997 and then i was ordered removed from u-s in feb of 1998 while the statute of this case was still in but legaly i was not able to have this case to be brought front of judge and if we look at the statute with toll i had till 2004 because it hapend when i was underage and the only parent i had there was my father who died few months after this injury took place .

Asker

Posted

ii would be thankful to some one who can find me good attorney who can handle such case i have all the evidence that we need some eis on the record and if we also subpoena to reach the recordings of the calls that were made from that precinct we will have that on the record as well .

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

I believe your story is real. unfortunately ICE (formerly uscis) does not have the power to revive a cause of action after the statute of limitations has expired. further, that 90 day notice of claim provision is a "hard" deadline.

Asker

Posted

as i was told by some one from civil supreme court that if any of the parties are legaly obligated to file claims then we can submit the proof of obligations and ones the claim is filed then we will be able to have the u visa certification form filled by either a judge or court clerk and we need to ask judge to have the proceeding to take place one year after because it takes one year for uscis to issue such visa . and if the statute of limitations were expired for me being obligated under any u-s federal law then it is an exception . this is what i was told by court clerk in civil supreme court ?

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

I have trouble following this last post. however, there is no way to restore a statute of limitations. further, there is no toll for being expelled from the country. there is no connection between a visa and reviving a case where the sol has run. also, civil court and Supreme Court are two different courts.

Asker

Posted

sir are you really a attorney for bigger claims you have to go to supreme court instead of small courts i hoe you know that because i am on way to file a claim regardless of your thoughts and when i will be on the way to the court i'l remember your words lol never mind you might not have as much of knowledge like i do after going over law books please do

Asker

Posted

okay according to a law under civil court if any of the parties are obligated by any united states law to come forward within the statute of limitations it can be brought after being eligible .in my case since they recently start to offering U visa reliefe for victims i should be eligible to come forward

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

I'll say it one last time: you have no way to bring a case in any court because the statute of limitations for any possible action you might have that arises from these facts HAS EXPIRED. you can't bring a case in Civil Court, you can't bring a case in state Supreme Court, and you can't bring a case in small claims court. you can't bring this case in any US court. I wish you luck, but you are doing what my grandmother used to call "schlug kapf en vant," or banging your head against the wall. you came to Avvo for expert advice. you are getting it. if you want to reject it, that's your prerogative.

Posted

Unfortunately, the statute of limitations has likely expired.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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Asker

Posted

but the atempted rape charge was never mentioned on this police report nor the kidnaping charge can we go about recovery rule and how about the threats from the cops not to show up at the precinct and they closed my file mentioning that they thought i was dead and i was no where to be found and they never forwarded it to the court and at the same time they were calling me on my phone to not to press charges or they would have killed me

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