Archived
Can somebody postpone/adjourn a hearing date on my behalf?
Terry's answer
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Answered on July 18, 2019
You should arrange the adjournment now, before you go.
Archived
Am doing a 440.10 to vacate criminal charges about 18yrs ago for sales of marijuana in fourth degree the state if new York
Terry's answer
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Answered on July 18, 2019
You can file a reply if there's time, or ask for time to do so. The court then decides if a hearing is required or, if not, either grants or...
Archived
What happens if the defendant doesn’t answer my complaint?
Terry's answer
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Answered on July 18, 2019
Lay people take deadlines too literally. No court is going to give you a default judgment for a 2-day delay in answering.
Archived
Are prosecutors ever held responsible for Brady violations?
Terry's answer
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Answered on July 18, 2019
You need to make a 440 motion to vacate the judgment of conviction based on the Brady violation and the false witness. Prosecutors always fight...
Archived
I am 93 years old do have to respond to a subpena
Terry's answer
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Answered on July 17, 2019
Your age is not a per se excuse, but you can move to quash the subpoena and address your condition if it in fact limits your ability to appear. ...
Is there a Constitutional right to an appeal?
Terry's answer
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Answered on July 17, 2019
Not enough information to answer your question. Civil or criminal? Interlocutory or final? Seeking leave to go to the Appellate Division or the...
Archived
My ex has been on trial for huge amount of unpaid dues. (I started a case). Now, he says there was a mistake in QDRO out of blue
Terry's answer
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Answered on July 17, 2019
Reposted to Divorce & Separation. QDROs are not so simple. You may have to hire your expert if this doesn't go away.
Archived
If you don't file a Notice of Claim within 90 days, does it mean that your 42 U.S.C. § 1983 action is time-barrred?
Terry's answer
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Answered on July 15, 2019
No notice of claim is required on a section 1983 claim in federal court.
Why would the D.A not be ready for pre-trial hearings after she already examined the witness, and it’s my lawyers turn to C-E?
Terry's answer
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Answered on July 13, 2019
Asked and answered already; please don't repeat yourself.
Archived
If I want to commence a 42 U.S.C. § 1983 action against the Manhattan D.A.'s office, who should I name as the defendant?
Terry's answer
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Answered on July 13, 2019
Reposted to Civil Rights. You should name the D.A. himself, the A.D.A. on.the case, the NYPD, assuming they had a role in the case, and the City...
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