New York Recent Legal Answers from Lawyers

Most of the regulation, related to prohibited substances and the prosecution of individual that uses them, is in the Controlled Substance Act (CSA). However, note that a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. A controlled substance analog is a substance that is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States.... Read More

Without more information, it is probably unlikely that someone can sue for any gifts to another. That said, a cause could be built upon a theory of unjust enrichment. However, that would depend of the specific facts of the case. The fact that two people are dating alone is not enough. ... Read More

The inventor or assignee of an invention can file a provisional utility patent application, regardless of residency or citizenship status.  While the PPA is not required to meet strict formalities, you are well advised to obtain the services of a patent attorney in preparing and filing your provisional application.  There are many potential pitfalls that may limit the patentability or scope of your later filed nonprovisional application.  Some attorneys offer a discount for preparation of the nonprovisional if they have been hired to prepare the earlier provisional application.  ... Read More

It is highly doubtful that you can get an expedited request granted. There are millions of people that are waiting all over the world to come to the United States. The Covid virus has caused enormous back logs in every US consulate all over the planet. They do allow for expedited requests based on humanitarian grounds and emergency medical situations, but being in love or being apart from your loved one for an extended time period is not a sufficient enough basis to be granted an expedited request.... Read More

You're quite right in believing that the police cannot simply enter your home without a warrant or without cause. Generally speaking, the police would need either a search warrant or an arrest warrant to enter your home without permission. There are some exceptions to this rule when exigent circumstances exist, such as if they are in hot pursuit of a suspect. With that being said, if you believe that your civil rights have been violated, you certainly have various methods of recourse. Depending on what specific damage you suffered, you may be able to initiate a lawsuit against the Police department and specific police officers who caused you to suffer those damages. You may also be able to initiate a complaint either internally with the police department, or externally from the police department if you reside in NYC and contact the Civilian Complaint Review Board. With all that being said, you may want to consider consulting an attorney who handles these types of matters as soon as possible, as there are statutes of limitations that can impact your ability to file a claim or sue. I will not advise on those specific periods of time here, but do want to ensure that you are aware that statutes of limitations do exist for lawsuits and therefore you should act quickly.    I hope this information is helpful. ... Read More

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. Whether or not the terms of the Will override the deed depends on what is said on the deed.  Multiple owners can own property in various ways. For example, a married couple can own property as a tenancy by the entirety, meaning that when one of them dies, the other inherits their share of the property without the need for an estate proceeding. The same could be true for owners as joint tenants with rights of survivorship: the survivor(s) would inherit the share of the property from the person who predeceased them. If a deed does not say or indicate joint tenancy, then the property could be presumed to be held as tenants in common wherein when one of the owners dies, their share passes through an estate proceeding and if there is a will through the terms of the will. If you need any assistance, a New York Trusts & Estates Attorney could help you.  ... Read More

Generally speaking yes - any resident of a house can give consent to search the entirety of the house - the exception to this would be if there was a private area that was searched that the individual giving consent should not have access to. i.e. If you have a basement tenant your wife's consent to search your house would not necessarily allow the police to enter the basement tenant's apartment. ... Read More