Archived
On a "decline to prosecute" list, what is the range of outcomes for the accused if not prosecution? i.e. civil court? fines?
Terry's answer
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Answered on June 24, 2019
Most Penal Law offenses do not have a civil component, but many municipal offenses do. Where there is no civil component, the charge would have to...
Archived
I live in Barbados and my interview is 3 months, but my priority date becomes current in 6 months, is that reason for denial?
Terry's answer
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Answered on June 24, 2019
Reposting to Immigration--not an Appeals question.
How does one find out how often and the reasons why a judge gets overturned on appeal?
Terry's answer
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Answered on June 24, 2019
You could search his name and "reversed or modified" in Westlaw or Lexis. But raising his reversal record in your appeal is not appropriate. The...
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Archived
If there are 6 defendants who all file a motion to dismiss, do I need to oppose each motion or can I make one opposition brief?
Terry's answer
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Answered on June 23, 2019
You can address all motions in one opp, but make sure it explicitly states that it applies to all six Ds, or differentiate your arguments if they...
Archived
My opposition to summary judgment papers are late for a VERY good reason - how/where/when do I include excusable negligence?
Terry's answer
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Answered on June 23, 2019
You need to seek an adjournment of the motion on consent and, if refused, ask the court for it. In either case be prepared with a concise...
Archived
Can I sue the state?
Terry's answer
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Answered on June 22, 2019
Was the indictment dismissed, or was the case remitted for further proceedings? Mere appellate reversal does not give rise to a claim for false...
Archived
I have a question regarding perjury?
Terry's answer
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Answered on June 22, 2019
Reposted to Elections. A mere allegation of perjury does not legally disqualify a candidate. A conviction might, in certain circumstances, but...
Archived
Are appeals of award of attorney fees under NY237 granted an automatic stay pending appeal?
Terry's answer
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Answered on June 22, 2019
Stays pending appeal are governed by CPLR 5519, and automatic stays are authorized in limited circumstances. You should make an immediate motion...
Archived
Urgently in need of USA appellant attorney who understand Canada Criminal Laws?
Terry's answer
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Answered on June 22, 2019
You have not posed a question, nor given enough information for anyone to know what the issue is. Try again.
Do you have to respond to an affirmation in opposition to a motion for summary judgment?
Terry's answer
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Answered on June 21, 2019
You have the right to serve and file a reply, but you are not required to.
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