Blog Posts in 2015

  • What Is an ACD?

    || 28-Dec-2015

    One of the possible settlements on a criminal case is called an ACD or an Adjournment in Contemplation of Dismissal. However, many people are never explained what this disposition actually means. An ACD means that a case will be adjourned for a period of time that is set by the court. This is usually a six month or one year's time period. Should the Defendant not have any further issues with ...
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  • When Can You Record Another Person in New York State?

    || 21-Dec-2015

    I am often asked whether or not one can record another person. This issue comes up most often during custody issues when allegations are contradictory as to what is being said between parents. The answer to this question can be complicated but the short answer is one can record another person so long as one party to the conversation knows that it is being recorded. As such, a recorder cannot be ...
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  • Confidential Address in Domestic Violence Cases

    || 14-Dec-2015

    In certain circumstances individuals can apply to the courts to have a confidential address. This often occurs in Family Court proceedings where an individual or the children have been the victims of domestic violence, whether it has been alleged or proven. An application must be filed with the Court stating the reason why a confidential address is being sought and thereafter a Judge will ...
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  • What Is Personal Service?

    || 7-Dec-2015

    When a Court orders that personal service take place on an individual this can be accomplished in several different ways. The first is to have a process server or an individual who is 18 years of age or older and not a party to the action deliver the summons and court paperwork directly to an individual and personally hand it to them. If a person cannot be found, the summons and court papers can ...
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  • Family Offense Petition and Restitution

    || 30-Nov-2015

    Family Offense Petitions can often occur due to an individual causing property damage. These costs may be due to the destruction of a cell phone, furniture or medical costs that an individual incurs. Family Court’s have the ability to order an individual to pay restitution for these costs in an amount not to exceed $10,000.00. This is a fully enforceable order through the Family Courts due ...
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  • Obtaining your firearms again after an Order of Protection has taken them away!

    || 30-Nov-2015

    When an individual has an Order of Protection issued against them they are required as a matter of law to turn in any firearms that they may have. It does not matter whether or not a valid permit to have the firearm exists. This remains in effect until the Order of Protection has expired or has been withdrawn. Upon attempting to retrieve these firearms from the police department most police ...
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  • Termination of Parental Rights

    || 23-Nov-2015

    Can a parent’s rights to a child be terminated? The answer to this is absolutely. This most frequently occurs when an individual loses their child to foster care due to actions of neglect or abuse. Upon a child going into the foster care system a parent has 15 out of the most recent 22 months to have the child returned to them. At that point the Department of Social Services (or county ...
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  • Appearing by Affidavit

    || 20-Nov-2015

    When an individual is not available to go to Court but an attorney is retained for certain proceedings an individual can sign an authorization to allow the attorney to appear for them in Court. This is generally the standard proceeding for most vehicle and traffic violations such as speeding tickets. Occasionally this occurs on misdemeanor matters as well when an individual is not able to attend ...
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  • Can An Incarcerated Parent Have Visitation?

    || 16-Nov-2015

    Incarcerated parents can apply to the courts for visitation with their children. The courts will make a decision based on the best interests of the children. Some of the best interests factors that may be looked at by the courts are: Where the parent is incarcerated (how far from the child)? Who is available to transport the children? Whether or not the children want to see the parent who is ...
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  • Equitable Distribution and the Separate Marital Residence

    || 16-Nov-2015

    Generally speaking a marital residence that is the separate property of one party to the marriage is not subject to equitable distribution without a showing that it has been transformed or transmuted into marital property. A spouses contribution toward the other spouses separate property marital residence alone does not mean that the marital residence has been transformed into marital property ...
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  • Equitable Distribution and the Engagement Ring

    || 9-Nov-2015

    I am often asked what happens to an Engagement Ring when an engagement is terminated. The answer to this question has been well litigated. As such, the law is very clear on this matter. When an engagement is terminated prior to a marriage the engagement ring remains the property of the donor. It does not matter if the parties resided together and acted as a married couple. What matters is whether ...
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  • Facebook And The Legal System

    || 5-Oct-2015

    Facebook and other forms of social media have become a norm for everyday use for most people. Individuals who never had use for a computer before have now found a use in Facebook, which has enabled people to connect with long lost friends and relatives living in distant locales. However, with the good of social medial platforms there is always the bad as well. Facebook and other social media forms ...
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  • Vacation Notice and Custody Orders

    || 10-Sep-2015

    Most custody and visitation orders will designate when a parent can take a vacation period with a child. In order to avoid issues with cancelled vacations due to the children not being permitted to go by one parent it is important to provide the following information to the other parent as soon as possible (or by the date designated in the Order): Itinerary information including but not limited to ...
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  • What is a DWAI?

    || 31-Aug-2015

    Most people know that a DWI results if their blood alcohol level is a.08 and above. However, what most people do not know is that a lesser offense to a DWI is a DWAI (Driving While Ability Impaired). A DWAI results when an individual has a blood alcohol level of a.05 to a.07. While a DWAI is a violation and not a misdemeanor the same result occurs with a license. A conviction can cause an ...
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  • What happens if you get a bench warrant?

    || 28-Aug-2015

    A bench warrant is issued by a Court when a Defendant or a Respondent has failed to appear in Court. This warrant permits a police agency to pick up the individual and produce them before the Court. Thereafter, the Court can continue to detain the individual and place a bail amount on them or in the alternative release the individual with or without supervision. If a bench warrant is issued ...
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