Legal

CRIME VICTIMS RIGHTS IN NEW YORK

Was your money or property stolen? Were you hurt or stalked? Maybe your identity was taken? If so, you are a crime victim. If an arrest was made and the police told you that the case is going to court, you may have questions about the criminal case. A criminal case is not the same as a civil case. In a civil case, you start a court case for money or damages against the person who injured you. But, in a criminal case, you can’t bring criminal charges against the person that injured you. You go to the police and the police bring the criminal charges. Criminal cases are handled by a lawyer from the District Attorney’s Office on behalf of the People of the State of New York. The lawyer is called a prosecutor. As a crime victim you are not a party and you do not need to hire an attorney. What you have to say about what happened is part of the prosecutor’s case against the defendant. But, you do have certain rights in the case. If you are a crime victim, an immediate family member of a person who was killed, or an immediate family member or guardian of a child crime victim, this section is for you.

HOW NEW YORK STATE HANDLES SEXUAL ABUSES OF CHILDREN

A person who sexually abuses a child under 18, can be punished in different ways in the courts. In a criminal case, the People of the State of New York charge the abuser with crimes to punish and possibly imprison them. In a civil case, the victim sues the abuser for money to make up for any harm caused by the sexual abuse.

There are laws that say how long after an event, a court case can be started based on those events. These laws are called Statutes of Limitations. Under the Child Victims Act, child sex abuse victims now have more time to seek justice against their abusers. CPLR 214-G, CPL 30.10(3)f.

Time Period for Starting Cases-There are different time periods for starting cases against the child sex abuser or the institution that covered up or was involved in the abuse. The time period depends on the type of case.

Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing and it is a good idea to get a lawyer if you can. The law, the proofs necessary to present your case, and the procedural rules governing cases in the Law Division, Civil Part are complex. Since valuable claims or potentially heavy judgments may be at stake, most litigants appearing in the Law Division, Civil Part have a lawyer. If you are being sued, please contact your insurance company to see if they might provide a lawyer for you. Most likely your opponent will be represented by a lawyer. It is recommended that you make every effort to obtain the assistance of a lawyer. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. The telephone number can be found online or in your local yellow pages under “Legal Aid” or “Legal Services.”

DID YOU KNOW SOME CRIMINAL CONVICTIONS CAN BE REMOVED?

By: Undisputed Legal Inc/Court Service Department

Do you have a criminal conviction in your history you would like to have sealed from public record?  Is it preventing you from certain jobs, one mistake shouldn’t follow you for life!  If you  are ready to remove this criminal conviction from your record, we can assist.   For more information contact Undisputed Legal Inc @ (212) 203-8001 or visit undisputedlegal.com, representatives are ready to assist you.

How To Enforce A Money Judgement

When a judgment is entered in the Civil Court it is enforceable for a period of twenty years for money only, it is not a lien against real property. Nor is a judgment entered in one county a lien on real property in any other county. If a judgment-creditor wishes to enforce a judgment against real property, he or she must follow the procedure below for “transcripting” the judgment.

A transcript is a paper containing the essential information of the judgment, certified by the clerk in the county where the judgment is entered.

The judgment-creditor must apply to the clerk of the court in which the judgment was entered for a transcript and then file the transcript with the county clerk of the county in which the court is located (the home county). To find out the fee for filing a transcript of judgment, click on court fees. The judgment then becomes a realty lien in that county.

In order to make the judgment a lien in other counties, a judgment-creditor must ask the county clerk in the home county to issue a transcript of judgment and then file the transcript with the county clerk of any other county within the state where the judgment-debtor owns property. A judgment-creditor may have as many transcripts issued by the home county clerk as he or she requests for filing in multiple counties. There is a separate fee for each transcript issued. To find out the fee for issuing a transcript of judgment, click on court fees.

For more information visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact  Undisputedlegal.com

What is a paralegal and what do they do?

The most common areas in which people use paralegal services are landlord/tenant, collection, foreclosure, investigation, resolution services, and more..

Paralegals are legal agents who can perform many legal services for you and appear as your advocate in certain courts, the Immigration/Refugee Board,before the Provincial Offenses Courts and Small Claims Courts on your behalf.

Going to court is a very expensive proposition at the best of times. Paralegals can help you reduce litigation costs and problems while saving you money.

Paralegal have experience in the proper presentation of evidence in court and advocacy, negotiation, mediation and arbitration skills.  They are skilled in legal research and legal writing which together with their actual court and tribunal appearances equip them to assist you with your matter.  They are very conversant with the ever changing rules, procedures and court forms in their areas of practice.

Issuing An Out-Of-State Subpoena New York

Newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the clerk of the court where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York subpoena.

Effective January 1, 2011, pursuant to New York State C.P.LR. § 3119, the County Clerk will be required to, in a purely ministerial manner, issue a local subpoena seeking discoverable materials and/or individuals to be deposed, upon the receipt of a duly issued out-of-state subpoena.  The terms of the local subpoena will mimic the out-of-state subpoena and also include all of the contact info of the out of state attorneys or the pro se litigant’s info.  This amendment to the C.P.L.R. brings New York in line with other states which have already adopted the Uniform Interstate Depositions and Discovery Act, Which was enacted to create, “an efficient and inexpensive procedure to litigants to depose out-of-state individuals and for the production of discoverable materials that may be located outside of the trial state. In accordance with the above, upon receipt of an out-of-state subpoena the County Clerk will compare same with an in-state subpoena (to be drafted and presented by the one submitting the out-of-state subpoena, along with a copy of the in-state subpoena to be filed in the County Clerk’s Office).  If the information requested in the out-of-state subpoena is identical to the in-state subpoena the Court Clerk will the then time stamp the in-state subpoena, as filed and return same for a fee of fifteen dollars ($15.00).

For more information on Subpoena Service visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact  Undisputedlegal.com

Locating a Person with our Skip Trace Service

Whether it’s for civil or criminal actions, our professionals can help you track down anyone quickly and reliably. Our skip trace service employs real investigators, including former law enforcement agents, which trace your desired person or persons with a 90% success rate. Using high-tech programs we’ve purchased and a direct connection with the New York State Division of Motor Vehicles, we can find anyone, anywhere.

A basic skip trace provides a person’s name and aliases as well as current and previous addresses. A national comprehensive report provides an extensive background, including summary report, phones plus, bankruptcy, fictitious business name, people at work, criminal records, associates, relatives, neighbors, and much, much more.

For a comprehensive business report, you can learn the name, address and phone variations of a business, as well as their parent company, ID numbers, and industry information.  Pre-litigation reports are also available that provide address summary, property deeds and assessments, vehicle registrations, and more.

All skip trace service assignments are handled proficiently and quickly with a proven record of success. When you want your skip trace done right, let Undisputed Legal cover your legal needs. Call us today at 800-774-6922 to get more information about skip trace service.