Q. What is a "surrogate"?
A. A surrogate is someone who has permission to take care of someone else's business and personal things. The "Surrogate" who decides the cases in Surrogate's Court is the court's judge.
Q. How do I transfer personal property, such as bank account, nursing home account, or automobile that was in the name of a person who died?
A. You will need authority from your county's Surrogate's Court to administer (handle) the person's estate. Talk to the Court Clerk. Procedures depend on whether there was a will and on the size of the estate, among other things. http://www.nycourthelp.gov/diy/smallEstate.htmlYou may also want to contact the Department of Motor Vehicles about how to transfer a next of kin's automobile; there are special rules.
Q. I am the executor of a will. How do I get the will admitted to probate?
A. You should know that in nearly all cases where the deceased left a will, the executor is represented by a lawyer. The original will needs to be filed in court with a probate petition and other papers. Then a variety of procedures come after that. Sometimes it's difficult. If you are going ahead without a lawyer, start by calling the Court Clerk.
Q. How do I find an estate file?
A. Most Surrogate's Court records are public records. Call ahead to the court to learn whether the file exists and give them time to find them.
Q. How do I get a copy of the death certificate?
A. You can buy certified copies of the death certificate through the funeral director. You can also get the death certificate from the vital statistics/death records department in the town or city where the person died. http://nycourthelp.gov/deathcertificate.html
Q. How do I get guardianship (control) over a child and a child's property?
A. The Surrogate's Court Guardianship Department can give forms and help on how to fill them out. You will need to show the child's birth certificate and other information. Then an investigation and other procedures usually happen. You can also ask for guardianship over a child in a Family Court.
Q. How do I get guardianship over a mentally retarded or developmentally disabled person?
A. Surrogate's Court can appoint a parent or other relative the guardian of a mentally retarded or developmentally disabled person through an Article 17-A Guardianship proceeding. Article 17-A provides for legal guardianship of a person even after he or she reaches the age of 18. http://www.nycourthelp.gov/diy/guardianship17A.html
Q. How can I get information about an adoption?
A. Adoption records are not public. You have to get a court order to open them after they are sealed at the time of the adoption. Ask the Adoptions Clerk of the Surrogate's Court (or Family Court, if the adoption was approved there) in the county where you believe the adoption happened.
Please be aware that requesting the unsealing of an adoption record is a kind of case where the advice and other help of a lawyer may be needed for success.
Wednesday, September 12, 2012
Monday, September 10, 2012
Frequently Asked Questions Paternity
Q. What is a Paternity case?
A.
A Paternity case is a Family Court case that names a child's legal father if the child's parents were not married to each other when the child was born.
Q. What happens once a man is named as the legal father?
A.
The man has the right to ask a court for legal custody or visitation rights to the child. He has to support the child until the child is 21 years old, in most cases. The child may also get social security benefits, veterans benefits, and inheritance rights when these are available.
Q. Who is allowed to start a Paternity case?
A.
The following people are allowed to start a Paternity case:
The child's mother
The man who believes he is the father
The child or child's guardian
The Department of Social Services if the child is receiving public assistance
Q. How do I start a Paternity case? A.
You start a Paternity case by filing a Paternity Petition in Family Court in your local court. The person who starts the case is called the "petitioner." In most cases, the petitioner is one of the parents. The other parent (the one who did not start the case) is called the "respondent" and must come to court when the court papers say. If you are the mother or a man who believes he is the father, you can use the free and easy DIY Form programhttp://www.nycourthelp.gov/diy/paternity.html to ask the Family Court to name the child's legal father.
http://www.nycourts.gov/forms/familycourt/pdfs/5-2.pdf
Q. What happens in court?
A.
The most common thing is that the child's mother and father will tell the judge, referee, or hearing examiner that the man named in the Paternity petition is in fact the child's father - if that is the truth. If that sounds truthful in the courtroom, and there is nothing in the child's birth certificate that shows something different, the judge, referee, or hearing examiner will name the man as the child's legal father in an order called an Order of Filiation.
Q. What else might happen?
A.
The judge, referee, or hearing examiner might order DNA tests on the mother, father, and child for more evidence. DNA is a body chemical that everyone has. By reviewing the DNA information of the people in the case, the court can decide whether the man named in the court papers is actually the child's father.
Q. What happens if the mother was married to another man at the time the child was born?
A.
The mother's husband at the time of the child's birth is the legal father of the child unless the court decides to name a different man based on the evidence. The evidence will usually include court testimony by the mother, by her husband at the time of the child's birth, and by the man who is supposed to be the real father. The evidence will also usually include DNA tests.
Q. Do I need a lawyer for a Paternity case?
A.
Both the petitioner and the respondent have the right to hire their own lawyers. A respondent who cannot afford to hire a lawyer has the right to have a lawyer assigned by the court at no cost.
Q. What is an Acknowledgment of Paternity?
A.
An Acknowledgment of Paternity is a paper, usually filled out at the hospital at the time of a child's birth, where the mother and father say that the man signing the paper is the father of the child. An Acknowledgment of Paternity does the same thing as a court Order of Filiation and will permit a hospital or Department of Health to name the man as the child's father on the birth certificate.
A.
A Paternity case is a Family Court case that names a child's legal father if the child's parents were not married to each other when the child was born.
Q. What happens once a man is named as the legal father?
A.
The man has the right to ask a court for legal custody or visitation rights to the child. He has to support the child until the child is 21 years old, in most cases. The child may also get social security benefits, veterans benefits, and inheritance rights when these are available.
Q. Who is allowed to start a Paternity case?
A.
The following people are allowed to start a Paternity case:
The man who believes he is the father
The child or child's guardian
The Department of Social Services if the child is receiving public assistance
Q. How do I start a Paternity case? A.
You start a Paternity case by filing a Paternity Petition in Family Court in your local court. The person who starts the case is called the "petitioner." In most cases, the petitioner is one of the parents. The other parent (the one who did not start the case) is called the "respondent" and must come to court when the court papers say. If you are the mother or a man who believes he is the father, you can use the free and easy DIY Form programhttp://www.nycourthelp.gov/diy/paternity.html to ask the Family Court to name the child's legal father.
http://www.nycourts.gov/forms/familycourt/pdfs/5-2.pdf
Q. What happens in court?
A.
The most common thing is that the child's mother and father will tell the judge, referee, or hearing examiner that the man named in the Paternity petition is in fact the child's father - if that is the truth. If that sounds truthful in the courtroom, and there is nothing in the child's birth certificate that shows something different, the judge, referee, or hearing examiner will name the man as the child's legal father in an order called an Order of Filiation.
Q. What else might happen?
A.
The judge, referee, or hearing examiner might order DNA tests on the mother, father, and child for more evidence. DNA is a body chemical that everyone has. By reviewing the DNA information of the people in the case, the court can decide whether the man named in the court papers is actually the child's father.
Q. What happens if the mother was married to another man at the time the child was born?
A.
The mother's husband at the time of the child's birth is the legal father of the child unless the court decides to name a different man based on the evidence. The evidence will usually include court testimony by the mother, by her husband at the time of the child's birth, and by the man who is supposed to be the real father. The evidence will also usually include DNA tests.
Q. Do I need a lawyer for a Paternity case?
A.
Both the petitioner and the respondent have the right to hire their own lawyers. A respondent who cannot afford to hire a lawyer has the right to have a lawyer assigned by the court at no cost.
Q. What is an Acknowledgment of Paternity?
A.
An Acknowledgment of Paternity is a paper, usually filled out at the hospital at the time of a child's birth, where the mother and father say that the man signing the paper is the father of the child. An Acknowledgment of Paternity does the same thing as a court Order of Filiation and will permit a hospital or Department of Health to name the man as the child's father on the birth certificate.
Frequently Asked Questions Child Support
Q. How old does a child have to be before child support ends?
A. In most cases, 21. If a child is under 21 and is either married, self-supporting, or in the military, a parent doesn't have to pay child support.
Q. Is there any other reason why child support might end?
A. A child between 17 and 21 who has left home and refuses to obey parents' reasonable commands can be considered "emancipated" by a court. In that case, child support might not have to be paid.
Q. I am a parent who wants child support. How do I get it?
A. When the parents are not together, and one of them has legal custody of the child, that parent can file a petition in Family Court to ask the other parent to pay child support.
Q. What happens when a child support case goes to court?
A. The parents must give the court their most recent tax returns. They must file pay stubs and tell what they earn and spend. The court will usually ask for proof of the expenses, such as for food, rent, clothing, medical costs, child care, and education. The court will listen to all of the evidence from both parents. It will then decide how much the parent who does not have custody has to pay for child support.
Q. What can I do if I disagree with the support order?
A. You can file an "Objection." An Objection must be filed in court within 30 days of the date the court order was sent to you. The other parent will have a chance to reply to the Objection. The court will then make a decision on the Objection. The court might leave the order as is, or change it, or order more hearings.
Q. And if I still disagree?
A. Either parent has the right to appeal the Objection decision to a higher court. Talk to a clerk in the Family Court if you wish to do this.
Q. My child's other parent won't pay the child support order that I have. What can I do?
A. You may file a "Violation" petition in Family Court. There will be a hearing and the court will decide if there was a violation and what to do next. There are many things the court can do to a parent who doesn't pay a support order. For example:
Order the Support Collection Unit (SCU) to take the payments from the parent's paycheck.
Order a lump sum payment and/or payments over time on the money owed.
Suspend the parent's driver's license and/or professional or business license.
Jail the parent for up to six months for not paying just because the parent doesn't want to.
You can use the free and easy DIY Form Program http://www.nycourthelp.gov/diy/supportEnforcementViolation.html to make your violation petition.
A. You can file a petition to change the order in Family Court. There will be a hearing. To change an order, there must have been a change of circumstances.
You can use the free and easy DIY Form Programhttp://www.nycourthelp.gov/diy/supportmodification.html to make your petition to ask the Family Court to change your support order.
Q. I have legal custody and the child's other parent lives in another state. Can I get child support in a New York court?
A. Yes. Talk to a clerk in the Family Court about how to do this.
http://www.nycourts.gov/courthelp/lawyers.html
Q. Can the Family Court assign a free lawyer to help me if I want a lawyer and I cannot afford to hire one?
A. In most cases, the Family Court will not be able to assign a lawyer to you at no cost unless your case is a proceeding against you for violation of a child support order.
What if I want to hire a lawyer in a child support case, but the Family Court will not assign a lawyer and I cannot afford to hire one?
A. The website www.lawhelp.org can tell you about free or low-cost legal services in your area. Most legal service agencies can only provide free help to people who have very low income and very little property. The parent with whom the child lives may also apply for the assistance of a Child Support Services Attorney at their local County Support Collection Unit.
http://www.lawhelp.orghttp://www.lawhelp.org
A. In most cases, 21. If a child is under 21 and is either married, self-supporting, or in the military, a parent doesn't have to pay child support.
Q. Is there any other reason why child support might end?
A. A child between 17 and 21 who has left home and refuses to obey parents' reasonable commands can be considered "emancipated" by a court. In that case, child support might not have to be paid.
Q. I am a parent who wants child support. How do I get it?
A. When the parents are not together, and one of them has legal custody of the child, that parent can file a petition in Family Court to ask the other parent to pay child support.
Q. What happens when a child support case goes to court?
A. The parents must give the court their most recent tax returns. They must file pay stubs and tell what they earn and spend. The court will usually ask for proof of the expenses, such as for food, rent, clothing, medical costs, child care, and education. The court will listen to all of the evidence from both parents. It will then decide how much the parent who does not have custody has to pay for child support.
Q. What can I do if I disagree with the support order?
A. You can file an "Objection." An Objection must be filed in court within 30 days of the date the court order was sent to you. The other parent will have a chance to reply to the Objection. The court will then make a decision on the Objection. The court might leave the order as is, or change it, or order more hearings.
Q. And if I still disagree?
A. Either parent has the right to appeal the Objection decision to a higher court. Talk to a clerk in the Family Court if you wish to do this.
Q. My child's other parent won't pay the child support order that I have. What can I do?
A. You may file a "Violation" petition in Family Court. There will be a hearing and the court will decide if there was a violation and what to do next. There are many things the court can do to a parent who doesn't pay a support order. For example:
Order a lump sum payment and/or payments over time on the money owed.
Suspend the parent's driver's license and/or professional or business license.
Jail the parent for up to six months for not paying just because the parent doesn't want to.
You can use the free and easy DIY Form Program
A. You can file a petition to change the order in Family Court. There will be a hearing. To change an order, there must have been a change of circumstances.
You can use the free and easy DIY Form Programhttp://www.nycourthelp.gov/diy/supportmodification.html to make your petition to ask the Family Court to change your support order.
Q. I have legal custody and the child's other parent lives in another state. Can I get child support in a New York court?
A. Yes. Talk to a clerk in the Family Court about how to do this.
http://www.nycourts.gov/courthelp/lawyers.html
Q. Can the Family Court assign a free lawyer to help me if I want a lawyer and I cannot afford to hire one?
A. In most cases, the Family Court will not be able to assign a lawyer to you at no cost unless your case is a proceeding against you for violation of a child support order.
What if I want to hire a lawyer in a child support case, but the Family Court will not assign a lawyer and I cannot afford to hire one?
A. The website www.lawhelp.org can tell you about free or low-cost legal services in your area. Most legal service agencies can only provide free help to people who have very low income and very little property. The parent with whom the child lives may also apply for the assistance of a Child Support Services Attorney at their local County Support Collection Unit.
http://www.lawhelp.orghttp://www.lawhelp.org
Domestic Violence - Orders of Protection
Q. Can I get an order of protection against a person I'm not married to in Family Court?
A. Yes. You don't need to be married to the person to get an order of protection against them in Family Court.
Q. Who can I get an order of protection against in Family Court?
A.You can get an order of protection against any of the following individuals in Family Court:
A current or former spouse
Someone you have a child in common with
Another family member that you are related to by blood or marriage
Someone that you are or have been in an "intimate relationship" with. (An intimate relationship does not necessarily mean a sexual relationship, but is more than just a casual or social relationship--the court will decide whether the relationship is intimate based upon the facts about the relationship and how long it has lasted). Can I get an order of protection against a person I'm not married to in Criminal Court?
A. Yes. You can get an order of protection in Criminal Court against someone you are not married to and have no relationship with at all. In Criminal Court, you could file a complaint against the person you say abused you. Typically that person would be arrested, and the District Attorney would bring a criminal case against that person. You would be the "complaining witness."
Q. Must I choose whether to ask for an order of protection in Family Court or Criminal Court?
A.
No. You can ask for an order of protection against your abuser in both courts at the same time.
Q. I'm being stalked. Can I get an order of protection?
A. Stalking is a form of Harassment. That is one of the crimes that allows you to get an order of protection. Other crimes include Assault, Attempted Assault, Menacing, Reckless Endangerment, and Disorderly Conduct.
Q. What is a petitioner and what is a respondent?
A. In Family Court, a petitioner is a person asking for an order of protection. (In Family Court, cases filed for an order of protection are called family offense cases.) A respondent is a person a petitioner wants an order of protection against. In a Criminal Court, that person is called a defendant.
Q. Can I have a lawyer?
A. In a Family Court, the petitioner and the respondent each have the right to hire a lawyer. If a petitioner or a respondent can't afford to hire a lawyer, they can ask the court to appoint a lawyer free of charge. In a Criminal Court, the district attorney's office or other prosecutor represents "the people." They help the person who wants an order of protection. The defendant can hire a lawyer or have the court appoint one free of charge if he or she can't afford it.
Q. How do I start a case?
A. Call the police if you feel you are in danger. You can go to your county's Family Court to file a family offense petition, go to the district attorney's office (or other local prosecutor's office), or go to the local Criminal Court. You can choose to do all of these things if you want.
Q. What is an Affidavit of Service in Family Court?
A. An "Affidavit of Service" is a paper that must be filed with the court showing that the respondent has been told about the case. Court staff will help you with important instructions about this document.
Q. What is a Court Attorney in Family Court?
A. A "Court Attorney" is a lawyer who works for a judge.
Q. What kinds of things can be put in my order of protection?
A. Among other things, the judge can order the respondent or defendant:
• not to assault, menace, or harass you or commit crimes of reckless endangerment or disorderly conduct towards you.
• to be removed by the police from where you are living.
• to stay away from you, your residence, your job, and other places you may want.
• not to telephone or e-mail you or write you letters.
The judge can also protect your children in the order of protection. For example, you may ask that any visitation with the children be supervised. In Family Court, the judge can order the respondent to pay temporary support and to give you legal custody of any children you may have with the respondent.
Q. What happens if I miss my court date?
A. If you are a petitioner in Family Court, your case will probably be thrown out and any temporary order of protection you had will be gone on that day. If you are a respondent in Family Court, the case can be done without you there (provided the petitioner gave you notice of the case) and an order of protection can be issued. As a respondent or defendant, a warrant may be issued for your arrest in either a Family Court or a Criminal Court if you don't show up.
Q. What happens if an order of protection is violated?
A. If a respondent or defendant violates (disrespects) an order of protection, the person with the order of protection can call the police, who can arrest the respondent or defendant. The person with the order of protection can file a "violation petition" in Family Court, talk with the district attorney's office (or other local prosecutor's office) or can go to the local Criminal Court. The person with the order of protection can choose to do all three of these things. Upon proof of the violation, the judge can make changes in the order of protection and put the respondent or defendant on probation. The judge can set a jail sentence.
Q. I moved to New York from the state that gave me an order of protection. Is the order of protection good in New York?
A. An order of protection from another state is still good in New York. You can get help on how to register your order of protection in New York from your local Family Court, Criminal Court, or police station.
A. Yes. You don't need to be married to the person to get an order of protection against them in Family Court.
Q. Who can I get an order of protection against in Family Court?
A.You can get an order of protection against any of the following individuals in Family Court:
Someone you have a child in common with
Another family member that you are related to by blood or marriage
Someone that you are or have been in an "intimate relationship" with. (An intimate relationship does not necessarily mean a sexual relationship, but is more than just a casual or social relationship--the court will decide whether the relationship is intimate based upon the facts about the relationship and how long it has lasted).
A. Yes. You can get an order of protection in Criminal Court against someone you are not married to and have no relationship with at all. In Criminal Court, you could file a complaint against the person you say abused you. Typically that person would be arrested, and the District Attorney would bring a criminal case against that person. You would be the "complaining witness."
Q. Must I choose whether to ask for an order of protection in Family Court or Criminal Court?
A.
No. You can ask for an order of protection against your abuser in both courts at the same time.
Q. I'm being stalked. Can I get an order of protection?
A. Stalking is a form of Harassment. That is one of the crimes that allows you to get an order of protection. Other crimes include Assault, Attempted Assault, Menacing, Reckless Endangerment, and Disorderly Conduct.
Q. What is a petitioner and what is a respondent?
A. In Family Court, a petitioner is a person asking for an order of protection. (In Family Court, cases filed for an order of protection are called family offense cases.) A respondent is a person a petitioner wants an order of protection against. In a Criminal Court, that person is called a defendant.
Q. Can I have a lawyer?
A. In a Family Court, the petitioner and the respondent each have the right to hire a lawyer. If a petitioner or a respondent can't afford to hire a lawyer, they can ask the court to appoint a lawyer free of charge. In a Criminal Court, the district attorney's office or other prosecutor represents "the people." They help the person who wants an order of protection. The defendant can hire a lawyer or have the court appoint one free of charge if he or she can't afford it.
Q. How do I start a case?
A. Call the police if you feel you are in danger. You can go to your county's Family Court to file a family offense petition, go to the district attorney's office (or other local prosecutor's office), or go to the local Criminal Court. You can choose to do all of these things if you want.
Q. What is an Affidavit of Service in Family Court?
A. An "Affidavit of Service" is a paper that must be filed with the court showing that the respondent has been told about the case. Court staff will help you with important instructions about this document.
Q. What is a Court Attorney in Family Court?
A. A "Court Attorney" is a lawyer who works for a judge.
Q. What kinds of things can be put in my order of protection?
A. Among other things, the judge can order the respondent or defendant:
• not to assault, menace, or harass you or commit crimes of reckless endangerment or disorderly conduct towards you.
• to be removed by the police from where you are living.
• to stay away from you, your residence, your job, and other places you may want.
• not to telephone or e-mail you or write you letters.
The judge can also protect your children in the order of protection. For example, you may ask that any visitation with the children be supervised. In Family Court, the judge can order the respondent to pay temporary support and to give you legal custody of any children you may have with the respondent.
Q. What happens if I miss my court date?
A. If you are a petitioner in Family Court, your case will probably be thrown out and any temporary order of protection you had will be gone on that day. If you are a respondent in Family Court, the case can be done without you there (provided the petitioner gave you notice of the case) and an order of protection can be issued. As a respondent or defendant, a warrant may be issued for your arrest in either a Family Court or a Criminal Court if you don't show up.
Q. What happens if an order of protection is violated?
A. If a respondent or defendant violates (disrespects) an order of protection, the person with the order of protection can call the police, who can arrest the respondent or defendant. The person with the order of protection can file a "violation petition" in Family Court, talk with the district attorney's office (or other local prosecutor's office) or can go to the local Criminal Court. The person with the order of protection can choose to do all three of these things. Upon proof of the violation, the judge can make changes in the order of protection and put the respondent or defendant on probation. The judge can set a jail sentence.
Q. I moved to New York from the state that gave me an order of protection. Is the order of protection good in New York?
A. An order of protection from another state is still good in New York. You can get help on how to register your order of protection in New York from your local Family Court, Criminal Court, or police station.
Figeroux & Associates
26 Court Street, Suite 701
Brooklyn, New York 11242
Wednesday, September 5, 2012
Immigration Highlights from the Republican and Democratic Party Platforms
Cite as "AILA InfoNet Doc. No. 12090541 (posted Sep. 5, 2012)"
In the past two weeks the Republican and Democratic Parties have released their official 2012 Party Platforms. Here we’ve compiled the major points of each Party’s platform that relate to immigration.
The Republican Party Platform on Immigration
Supports the rule of law and opposes any form of amnesty.
Top priority is security at borders and ports of entry to prevent drug trafficking, illegal immigration, and terrorism. Calls for completion of the double-layered fencing on the southern border
Supports “humane procedures to encourage illegal immigrants” to leave the U.S. Supports increased enforcement against overstays.
Top priority is security at borders and ports of entry to prevent drug trafficking, illegal immigration, and terrorism. Calls for completion of the double-layered fencing on the southern border
Supports “humane procedures to encourage illegal immigrants” to leave the U.S. Supports increased enforcement against overstays.
Opposes the current administration’s 2012 policy of granting deferred action to certain individuals who came to the U.S. as children.
-Supports tougher penalties for ID theft, human trafficking and for those who deal in fraudulent documents.
-Supports long-term detention of those who cannot be deported to their country of nationality.
-Supports use of the 287(g) cooperation agreements with states and localities.
Opposes the Obama administration’s “assaults on state governments” on immigration. Opposes the ongoing Department of Justice litigation against state immigration laws.
Calls for denying federal funding to “sanctuary cities” and to universities that offer in-state tuition rates to illegal immigrants.
-Supports making E-verify mandatory nationwide. Supports state immigration enforcement efforts in the workplace.
-Supports making the SAVE program mandatory. SAVE verifies the lawful presence of applicants for State or federal government entitlements or IRS refunds.
Calls for English as the nation’s official language.
-Supports granting more visas to holders of advanced degrees in science technology, engineering and math fields.
Willing to consider a guest worker program to meet labor needs.
The Democratic Party Platform on Immigration
-Supports comprehensive immigration reform with the following components: bring undocumented immigrants out of the shadows and require them to get right with the law, learn English, and pay taxes in order to get on a path to earn citizenship; and create a system for allocating visas that meets the nation’s economic needs, keeps families together, and enforces the law.
-Supports comprehensive immigration reform with the following components: bring undocumented immigrants out of the shadows and require them to get right with the law, learn English, and pay taxes in order to get on a path to earn citizenship; and create a system for allocating visas that meets the nation’s economic needs, keeps families together, and enforces the law.
-Supports the DREAM Act and continuing to provide deferred action to undocumented people who came to the U.S. as children.
Plans to hold employers accountable for whom they hire.
Prioritizes enforcement against criminals who endanger communities instead of immigrants who do not pose a safety threat.
-Supports family reunification as a priority. Supports the current administration’s streamlining of the process of legal immigration for immediate relatives of U.S. citizens and the enhanced opportunities for English-language learning and immigrant integration.
-Supports continued litigation to oppose state enforcement laws that interfere with federal immigration law.
-Supports inclusion of lesbian, gay bisexual, transgender relationships in the definition of family in immigration policy to protect bi-national families threatened with deportation.
Asserts that the southwest border is more secure than at any time in the past twenty years, unlawful crossings are at a 40-year low, and that the Border Patrol is better staffed than at any time in its history.
Tuesday, September 4, 2012
NYPD Blocks “Blow the Whistle on Stop-and-Frisk” Contingent from West Indian Day Parade
Monday, the Stop Mass Incarceration Network distributed thousands of bright orange and yellow whistles to parade viewers and marchers heralding a new and more widespread wave of public protest of the NYPD police of stop-and-frisk beginning Thursday, September 13.
Their message “No one will be stopped-and-frisked in silence,” was cheered. Thousands of photos were snapped of their banner “Blow the Whistle on Stop-and-Frisk Thursday Sept. 13.”
But one group did not like the contingent’s message, and blocked them from entering the parade, then encircling them with hundreds of armed officers. The NYPD, despite the group’s authorization from the West Indian Day Parade Association to participate in the parade, refused the contingent admittance at several times and places along the route. At one point, after they were directed to their place in the march, police pushed the contingent out of the march and onto a side street.
Carl Dix, an initiator of the campaign along with Cornel West, said, "The NYPD set out to keep our message--Blow the Whistle on Stop & Frisk--from getting out on Labor Day. A ‘white shirt’ cop told us that he wrote the permits for who gets to march on Eastern Parkway in the West Indian Day Parade. This is what a police state sounds like."
The Stop Mass Incarceration Network says, “If it sickens you to know that under Stop-and-Frisk, almost 2000 people, most of them Black or Latino are subjected to harassment, disrespect, brutality and even worse; if you are tired of seeing Muslims and South Asians are targeted; if you hate the way immigrants and LGBT people are treated as less than human by NYPD; if you are someone who knows this will never happen to you but also know it's wrong; Join in BLOWING the WHISTLE on STOP-and-FRISK Thursday September 13.
On September 13, nobody gets Stopped-and-Frisked in silence!”
The Network has announced gathering points where youth are regularly stopped and frisked in 5 boroughs on September 13, and also plans to symbolically “blow the whistle” on 1 Police Plaza at 4:00 pm that day.
Friday, August 31, 2012
A Civil Rights Lawsuit: The Chance to Be Heard
The Law Offices of Figeroux & Associates represents men and women of every race and every station in life. Our Brooklyn-based lawyers have represented citizens of the New York City area in the full spectrum of civil rights and constitutional law litigation. Black and Brown, are the target of the NYPD, in fact, status does matter either, as an attorney, they did not care, I was arrested on Martin Luther King’s birthday in 2010, by the NYPD 83pct, offered fifteen thousand dollars, for one day in prison, did not settle, will litigate. This should be our strategy in NYC, litigate, and bankrupt NYC into Civil Rights obedience.
Black or Brown, Beware of New York City's NYPD“Normally, I don’t like to wear sunglasses when I talk to people,” said Harold Davis, in a pair of dark rims. “But I won’t let my enemy see my tears.” It was a hot, sunny Saturday afternoon in Brooklyn August 4, at the corner of Church Avenue and 38th Street. Here, Harold’s 23-year-old niece, Shantel, was fatally shot by Phillip Atkins, a New York City narcotics officer with a history of brutality. Full story, click here.
Figeroux & Associates
26 Court Street, Suite 701
Brooklyn, NY 11242
Phone: 718-834-0190
Fax: 718-222-3153
Wednesday, August 29, 2012
Divorce and Separation
Q. What is a "spouse?"
A. A "spouse" is a husband or wife.
Q. My spouse and I don't want to go to court, but we need help to work out some issues. Are there out-of-court options?
A. Yes. You may want to try divorce mediation or collaborative family law. These options are not for you if your case involves child abuse, domestic violence or where you cannot locate your spouse.
Q. My spouse and I have a Separation Agreement on file in the County Clerk's Office. I went to Family Court to get the child support that the Agreement gives me and the court said I couldn't get it there. What do I do?
A. The Family Court can't do anything with a Separation Agreement. You can file a new petition for child support in your county's Family Court or begin a divorce case in your county's Supreme Court. Depending on the amount of money, you can sue to get everything in the Separation Agreement in one of the civil courts.
Q. Where do I start a divorce?
A. In the Supreme Court of the county where you or your spouse live.
Q. Do I need a lawyer?
A. Only you can decide that. Think how difficult the divorce will be. If you think that your spouse will not fight the divorce and that there are no other complicated or contested issues like child custody, child support, or an order of protection, you can ask the Court Clerk for a New York State Uncontested Divorce Packet. There is no charge for the packet. The forms and instructions in the packet might help you to do the divorce without a lawyer, but there is no way to say for sure.
Q. Will the court appoint a lawyer for me free of charge if I want one?
A. Court-appointed lawyers are usually not available for divorces.
Q. I was served with divorce papers more than a year ago and haven't heard anything since. Am I divorced?
A. Check with the County Clerk's Office where you live and where your spouse lives now or used to live.
Q. How do I get a judge assigned to my case?
A. In Supreme Court you can get a judge assigned after a form called a Request for Judicial Intervention (RJI) is filed in court. You can get a RJI form from the Court Clerk's Office or County Clerk's Office. The form must then be filed with the County Clerk.
Q. Can I go back to my maiden name after the divorce?
A. Yes, but you have to ask for it in your court papers.
Q. Can I change my children's last name in the divorce?
A. No.
Q. How can I look at my divorce case file?
A. You can ask to do this at the County Clerk's Office.
Figeroux &
Associates
26 Court Street, Suite
701
Brooklyn, NY 11242
Phone: 718-834-0190
Fax: 718-222-3153
www.falaw.us
Criminal Cases
Q. Where do I find a bail bondsperson?
A. These people don't work for the court system. Many courts have a list of names available for the public. You may also look in the Yellow Pages.
Q. How do I post bail and when do I get it back?
A. The Court Clerk will tell you the type and amount of bail to be posted and how to do it. Bail is a way to be sure you show up in court. Bail can't be returned until the case is finished or bail is lowered or you are released in your own recognizance or returned to jail. There is a surcharge on cash bail (3% of the amount) which is not returned if there is a conviction.
Q. I have a warrant outstanding. If I come to court, will the judge put me in jail?
A. A warrant will not stop until the person makes a personal appearance in court. It's up to the judge about jail.
Q. I've been arrested. What will happen to me in court?
A. It is important to appear on the date you have been given. On the first court date, the judge will explain the charges and you will be given a copy of them. If you do not have a lawyer, the judge will decide if you can have a lawyer free of charge. The issue of bail will be discussed.
Q. I was a crime victim. Do I need a lawyer to prosecute the accused?
A. The district attorney's office or other local prosecuting agency represents "the people" in all criminal cases.
Q. There has been an indictment in my case. What happens next?
A. There will be a date scheduled for an "arraignment" of the indictment. At the arraignment, a plea will usually be entered and the issues of bail and your right to a lawyer will be discussed.
Q. The Court imposed a fine and a surcharge in my case. What do I do?
A. Talk to the Court Clerk about how to make payment with the court-ordered collection agency.
Q. How do I appeal?
A. A Notice of Appeal must be filed. Talk to the Court Clerk about time limits and who must get the notice.
Q. What is a Certificate of Relief From Disabilities and how do I get one?
A. An "Eligible Offender" may get this certificate so they don't have certain restrictions because he or she was convicted of a crime. (Examples of these restrictions may include giving up property or not being able to have certain jobs.) An application for this certificate is available from the Clerk's Office.
Figeroux &
Associates
26 Court Street, Suite
701
Brooklyn, NY 11242
Phone: 718-834-0190
Fax: 718-222-3153
www.falaw.us
Civil Cases for Money Damages Over $5,000 (not Small Claims)
Q. Do I need a lawyer for these types of cases?
A. You are allowed to handle a case without a lawyer, although these kinds of cases are often complicated. It's up to you to decide. A person going to court without a lawyer is called "self-represented" or "pro se."
Q. How do I start a case?
A. One way is to go to the Clerk's Office. You will need to know the reason for the lawsuit, the amount of money involved, and the correct name and address of the person or business you want to sue. The case begins with filing a summons and complaint.
Q. What are a summons and a complaint?
A. A summons is a notice telling the person or business you are suing that a lawsuit has been started. A complaint is a document telling the person or business the reasons you are suing and what you want (for example, how much money). There are rules for using the summons that the Clerk can explain.
Q. What is a counterclaim?
A. Once the person you are suing comes to court, that person can sue you within the same lawsuit. This is called a counterclaim.
Q. What are a plaintiff and a defendant?
A. A plaintiff is the person starting the lawsuit. A defendant is the person who is being sued.
Q. What usually happens on the first court date?
A. A judge will look at the case and may discuss the possibility of settlement or agreement. If the case is not settled, it will be scheduled for arbitration or a trial depending on the court.
Q. I received a summons and complaint. What should I do?
A. Carefully read the papers you received. You will find the deadlines for filing an "Answer." You must file an answer to avoid automatically losing the case. You may want to go to the Clerk's Office of the court named on the papers to discuss filing the answer. The answer must include the name of the case and must be notarized. It should include your "defenses" (for example, why you do not believe you owe the money). It can also include your counterclaims.
Q. Can I have a jury trial?
A. The plaintiff and the defendant both have the right to ask for a jury trial when the lawsuit asks for money. You must ask for a jury trial in writing and within certain time limits. You must follow the rules for notifying the defendant about your request. There is a filing fee. The clerk's office can explain the requirements to you.
Q. What happens if a plaintiff or a defendant doesn't come to court?
A. If a plaintiff doesn't come to court on the scheduled court date, the case can be thrown out. If a defendant doesn't come to court, the case may be decided against the defendant with a "default judgment."
Q. I paid a judgment against me, but the records don't show this. What should I do?
A. It is possible that the plaintiff did not file a document called a "satisfaction of judgment." You can contact the plaintiff (or the plaintiff's lawyer)to find out if this document was filed or when it will be filed. If this does not work, you can write a letter to the court explaining the situation and showing proof that you paid the judgment.
Q. I heard Court can be stressful and costly. Are there other ways to resolve my dispute?
A. Yes. Mediation is a free or low-cost option for many disputes. Mediation allows you to resolve your dispute outside of court, saving time and money and reducing stress. You also have more control over the outcome.
Figeroux & Associates
26 Court Street, Suite 701
Brooklyn, NY 11242
Phone: 718-834-0190
Fax: 718-222-3153
www.falaw.us
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