New York Recent Legal Answers from Lawyers

Generally speaking when vehicles are used in the commission of a crime, the police tend to voucher/invoice/keep them for one of two reasons - 1) For arrest evidence or 2) For forfeiture.    When they keep the vehicle for arrest evidence, the District Attorney's Office puts a hold on the vehicle until they are able to investigate it - photograph it, ensure it was operable, etc. In this situation, people are often able to get their vehicles after submitting a demand for the return of property through the District Attorney's Office. With that being said, it can take some time waiting for the ADA to complete their investigation.    In the second scenario, the police attempt to forfeit the vehicle as the instrumentality of a crime. Basically what this means, is they attempt to keep the vehicle so they can they auction it off. This can often be fought and/or negotiated so the vehicle can be returned to you. In some circumstances (such as yours) there may be arguments that the driver is not the lawful owner of the vehicle. I hope this information is helpful. ... Read More

It seems strange that the police would specifically go to your apartment if the phone was not there. Typically in these cases, people activate the "find my phone" feature on their phone, which then shows them an approximate location of their phone. I suspect that's how the police may have ended up at your door.    In terms of potential criminal charges, stolen property can often result in a few different types of charges. If they have anything showing that you physically took the phone from the other person, you may be looking at either a petit or grand larceny, depending upon the value, or even something more serious if there is any indication that force was used. https://www.michaelschillinger.com/astoria-criminal/theft-lawyer/   Additionally, if they don't believe that you took it, but instead knew that it was stolen and kept the item, you could potentially be looking at a criminal possession of stolen property charge.   With all of that being said, the police would need some evidence to actually connect you to the crime. If they do not have probable cause, it is unlikely you will be arrested. Additionally, understand even if you are arrested, that does not necessarily mean that you will do jail time. Oftentimes criminal defense attorneys are able to resolve cases with negotiated pleas that don't involve jail time. Furthermore, in a worst case scenario there is always the option of fighting the case at trial. I hope this is helpful. ... Read More

Depending upon where you received your violation for a suspended registration, the courts handle the cases differently. Some courts will not resolve the case until you rectify the underlying suspended registration - if this is stemming from an overdue ezpass bill, this can often be difficult and costly to clear up. Oftentimes though, courts will be more willing to considser a resolution if you demonstrate efforts that you are clearing up the EZ Pass bill or setting up a payment plan. Once the suspended registration has been cleared, it's often possible to have the case reduced to a violation or even an adjournment in contemplation of dismissal, where the case is eventually dismissed and sealed. ... Read More

Hi Susan,  You can pursue the claim directly with their insurance company. Visit this website and search the carrier by name or DOT number, once you find it, navigate to the insurance section and you will find the liability carrier info. https://safer.fmcsa.dot.gov/CompanySnapshot.aspx?utm_source=chatgpt.com Once you have the insurance info you can file a 3rd party property damage claim by submitting your repair estimate, video images and the email admitting fault.   Good luck with your claim!... Read More

Technically, it is illegal to stalk somebody online, in person or through the phone lines and a criminal prosecution could be brought against you under state law stalking statutes. I think you should just put this behind you and forget about her. If you call her again, she will likely file a police report and you don't need that. Just don't call her anymore and forget about her.... Read More

Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests through case-by-case basis and generally require supporting documentation, acquiring legal representation is integral to ensure this complex situation remains rectified. (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read More

It is highly recommended that you have an attorney prepare a living will and discuss all estate planning with you.  Our office can provide you with complete estate planning and solid advice for a reasonable flat fee that will be worth every penny.  Please feel free to contact me if you have any questions.... Read More

Your neighbor's grape plants are encroaching onto your property.  You can bring a legal action to require your neighbor to remove the encroachment, seek a permanent injunction and damages.  Should you wish to proceed, we can help.  Prior to commencing suit, we can send a letter asking her to remove the encroachment.... Read More

Dear Sir or Madam - Your post doesn't give nearly enough information about your matter for a New York City Wrongful Termination Attorney to determine whether you may have a viable claim against your ex-employer for wrongful termination or for anything else.  See generally my recent article entitled Do I Have A Claim For Wrongful Termination Against My Employer In Manhattan? < https://www.davidrichlaw.com/do-i-have-a-claim-for-wrongful-termination-against-my-employer-in-manhattan/ >.  Instead, today, you should call an adept New York City Wrongful Termination Lawyer to schedule an initial consultation about your matter.... Read More

It is always advisable to have a lawyer review your estate planning and advise you accordingly, including with respect to any modifications.  Wills can be invalidated or contested if they are not prepared properly.  It is better to pay an attorney to do it right the first time.  ... Read More

If you are approved for O-1B prior to your departure from the US, you may encounter two difficulties in deciding to return on the OPT – first, there is a question of intent. You would be making a representation to CBP that you intend to complete your OPT and return home. In this age, it is dangerous to be anything other than on the up and up with CBP. Second, if you do manage to reenter the US under OPT, it is doubtful whether your change of status to O-1B would automatically kick in on July 15. It should also be noted that most attorneys are suggesting that nonimmigrants should not take unnecessary trips outside of the country given the present climate. I suggest that you speak with your attorney before finalizing your travel plans. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More