Questions answered by Joseph Paul Petito

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How can I prove exceptional circumstances and economic necessity in a relocation case?

Joseph's answer | Answered on March 28, 2013

Simply put, what you intend to show is only one of the factors the court will consider in relocation cases. There are about 7 factors in addition...

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I was arrested on aggrevated dwi the other day. This is my first offense and never drink while driving. Will I go to jail?

Joseph's answer | Answered on March 28, 2013

Your reading was very high. However, if there were no accidents, and you have a clean record otherwise, I would feel comfortable stating that jail...

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Can I include evidence I found online in a Family court case?

Joseph's answer | Answered on March 20, 2013

It really depends on what evidence you are attempting to utilize. The general rule is everything that is material and relevant is admissible....

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If I hire a defense lawyer to defend against a DWAI, should I tell him what I told the cops or the truth. As a result of the

Joseph's answer | Answered on March 20, 2013

I would have to support the above answers. Truth is the best way to go. It is extremely important that your Attorney know both the good and bad...

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Violation of Custody Order

Joseph's answer | Answered on September 13, 2012

YOu really have two options. The first, is what is called a violation petition. This should be utilized when there are any violations of a Family...

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At what point in the normal criminal court cycle should someone begin to discuss a possible plea bargain or accept one?

Joseph's answer | Answered on September 11, 2012

It really depends on the case, and the ADA handling the case. Some cases get resolved within the first three appearances, others drag on. For the...

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I plead guilty for a crime I didn't do and then a year later I have the supposed victim admit it himself can i reopen the case?

Joseph's answer | Answered on September 06, 2012

You may obtain the relief you are requesting through what is called a CPL 440.10 motion to vacate judgement. There are certain requirements, but...

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What is more likely to happen?

Joseph's answer | Answered on September 06, 2012

I would tend to agree with the above post. Obviously it always depends on the DA and the Judge you are before.

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My boyfriend posted cash bail for me a total of $1,000 dollars and he keeps threathing to revoke it is that possible

Joseph's answer | Answered on September 05, 2012

Simple answer is yes. Normally, it requires the judge to release the bail. So you would have an opportunity to be hears. If you make your Court...

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NYS Family Court: Petition for Enforcement of Order of Visitation - Willful disregard of Visitation Order

Joseph's answer | Answered on September 05, 2012

I see a jurisdictional issue. Where was the original order? Also, how long has the child lived out of state? Further, have you relocated from New...

Joseph Paul Petito's Answers (112)

How can I prove exceptional circumstances and economic necessity in a relocation case?

I was arrested on aggrevated dwi the other day. This is my first offense and never drink while driving. Will I go to jail?

Can I include evidence I found online in a Family court case?

If I hire a defense lawyer to defend against a DWAI, should I tell him what I told the cops or the truth. As a result of the

Violation of Custody Order

At what point in the normal criminal court cycle should someone begin to discuss a possible plea bargain or accept one?

I plead guilty for a crime I didn't do and then a year later I have the supposed victim admit it himself can i reopen the case?

What is more likely to happen?

My boyfriend posted cash bail for me a total of $1,000 dollars and he keeps threathing to revoke it is that possible

NYS Family Court: Petition for Enforcement of Order of Visitation - Willful disregard of Visitation Order