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Anthony John Colleluori

Anthony Colleluori’s Answers

723 total

  • Is delay of surgery medical negligence?

    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...

    Anthony’s Answer

    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.

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  • Will a court Appointed attorney honestly defend you as good as one you privately hire?

    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...

    Anthony’s Answer

    • Selected as best answer

    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 luck

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  • Can I sue my local police department for violation of my civil rights?

    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 ...

    Anthony’s Answer

    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.

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  • Can I sue someone for fraud over the internet?

    They were selling a Pure Breed Maltese puppy on the internet. We signed a contract and everything. On the contract, it stated that $375 would cover the puppy, shipping and accessories and I would get it all within 24 hours of payment. 2 Days late...

    Anthony’s Answer

    I agree with Barry Poulson below, except before hiring a lawyer I would contact the local Postal Inspectors. They are often involved with these types of cases and may be able to play this out for you.

    PS. Never buy a puppy sight unseen. Even if it is legit, you don't know if the pup is a pure breed, if it has issues if it is friendly etc. Call a local reputable AKC breeder and get a dog who you can care for and that was breed to be a companion. Unless you are doing animal rescue, leave the puppy farms and the crooked people to those like the ASPCA. You get a pup that will give you pleasure and not Agita. (Italian for heartburn).

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  • Mn state court, isnt following the ADA guidelines for determining if a resonable accomdation can be made for me. what can i do?

    i filed a disability discrimination complaint in state court, pro se. i need an accommodation to intelligibly argue my case in court(extra break time). the judge asks for a letter for my doctor BEFORE she will talk to me about an accommodation(wr...

    Anthony’s Answer

    You need a lawyer STAT!! First of all, you were probably wrong to bring an ADA claim in State court. Federal court pays better attention. Moveover you have no idea what legal phrases mean. Ex-parte is when you speak to the court alone not when both parties are present. You are off to a pretty bad start. Get the to a lawyer. If none will take your case, that ought to tell you a lot about your case.

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  • My boyfriend is 23 years of age and I'm 17. If my mother press charges on him what will happen?

    Will he be arrested, registered as a sex offender, or have to pay a fine? Even though we haven't had sex, she warned him to stay away from me. She's pressing charges in the morning.

    Anthony’s Answer

    No sex? No case. She can only bring a delinquency or PINS (Person in need of Supervision) against YOU. She has nothing on your boyfriend unless you are lying to us here. She can seek an order keeping him away from you for a period of time but that ought to end when you turn 18. Until that time, you both better keep your hands and other body parts to yourselves.

    Good luck.

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  • Do my children have to be from this state for me to file custody papers for them here?

    I have been living in Galveston Texas almost a year now, and my ex girlfriend recently sent the kids down for the summer, but the kids do not live with her they live with her mom in a one bedroom little trailer, they are four and six and have been...

    Anthony’s Answer

    The Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") requires that a child must live in a state continuously for six months before that state can exercise jurisdiction over the child. Hence you will have to take the kids back in their home state.
    BTW Get a really good lawyer. It is hard to move children across state lines but it can be done. Be sure to have as good a situation as you can. Work hard and protect your record. Be careful not to talk your ex or her mom down in front of the children and make sure they know that you love them no matter what happens in court. NEVER discuss the court case with them in any way shape or form.

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  • If I have a locked box in the trunk of my car, can police officers open it without a search warrant, even with a K-9?

    I will be driving to California soon and am planning on bringing a small amount of marijuana with me in a locked box in my trunk.

    Anthony’s Answer

    First, this has got to be the damn dumbest idea I have heard on here in the years I am answering questions. You already know the answer to this. You have it, you get caught with it, it is likely going to finish you.

    To answer the rest of this, they cannot search it until you have been under arrest. Thereafter each state has different rules. I would not chance it. Dogs can provide probable cause and so can inevitable discovery of the item.

    Look, wait until you reach Cali. They have "medicinal" grass out there and at least you don't break any state laws.

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  • What is an arbitrator or mediator? Are they judges or attorneys or something else. Thanks

    What does it take to become an arbitrator/mediator?

    Anthony’s Answer

    They can be any of the above :) Many former judges in the twilight of their careers take on the job of being a "Neutral". (The word Neutral covers both Arbitrators and Mediators).
    Often lawyers do that work as well as non attorneys who have specialized training in the "art" of mediation or arbitration.
    There are many types of Mediation and Arbitration, but for the most part, Mediators try to help the parties come to an agreement on issues in a case and try to help both see the merits in the others cases and the weaknesses in their own. In contrast, most often Arbitrators are the "final" say and if it is binding arbitration (which is the one I think you are likely asking about) they more or less act as a judge and jury. There can be a panel of Arbitrators or just one. Either way they the advantages of the Arbitrator over a trial is that the rules of evidence are greatly relaxed and the parties save a LOT of money as opposed to litigation in a court.

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  • I received my background when i applied for a job it has two cases on me of hindering a sex affender this is a lie im so upset

    what do i do . can i sue

    Anthony’s Answer

    You need an experienced lawyer who can track down the gravamen of the charges, make the reporting agency retract them and in fact if you can prove that but for these errors you would have obtained the employment you sought you would have a case to sue on and pretty decent damages all things being equal. Good luck, don't wait, once this stuff is on the Internet it is hard to get off, waiting makes it worse.

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