The judge quoted a law wrongly in court. He will probably rule based on his wrong understanding of the law. What can I do?
New York, NY |
The judge will rule/make decide soon. Can I write the judge a letter letting him know that his understanding of the law is wrong? This law will have significant impact on the outcome of the case. I'm a pro se.
You are not suppossed to submit legal argument aftet the oral argument. If you lose the motion you can make a motion to reargue based on the judge's misinterperation of the law.
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.
You will also have the option to appeal the ruling (at some point).
The answer(s) herein do not constitute the establishment of an attorney/client relationship, nor are they intended to constitute the practice of law in any State. The answer(s) are based on extremely limited information provided by the submitter and are for general information purposes only. The original submitter, and those viewing these answer(s) are highly encouraged to seek out and engage legal counsel in their jurisdiction to review the entire matter.
I suspect that you do not have an attorney, so your confidence that the judge doesn't know the law and you do may be overly optimistic. If you believe that the ruling is against you and based upon that error alone or as the significant reason for the adverse ruling, without which s/he would have ruled otherwise, then you may timely file a notice of appeal after the ruling, and the perfect the appeal. You need an attorney, and one reason is you didn't have one now or earlier. Good fortune.
If you found this "helpful" or "best answer," please click it with my appreciation.
My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
To better understand how to answer your question, you may need to provide insight as to what kind of case you have (as you checked off that the case is involves "child custody," yet is simultaneously in "Family Court" & "Federal Court"). That said, you cannot generally submit anything to a Judge after a motion has been marked as "fully submitted" for decision. If the decision comes down against you, you'd need to determine whether to file a motion to reargue, a notice of appeal, or both. In any event, I highly advise that you schedule a consultation with a NYC Family Law attorney.
* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.