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Schwartz & Krysinski, L.L.P
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Question:  How many times can a case be adjourned before it infringes upon your right to a speedy trial?  I am being charged with larceny. My case has been adjourned 6 times, 3 of the most recent times have been because the property had still not been sent out to be inspected as requested by the DA - nothing having to do with the defense of my case or anything my lawyer can control. How many times can a case be adjourned before it interferes with your right to a speedy trial. Also, are adjournments while you are working out a plea bargain part of what is considered to be a speedy trial? I believe we have been ready to take a plea the past 3 times I have gone to court and it has been adjourned each time because of the above mentioned facts.

Answer:  This question would best be posed to your attorney as they would have a better idea as to what time is chargeable and what time is excludable. The number of adjournments is not the deciding factor. When the defense consents to an adjournment (often times for the purposes of discussing a resolution) the time is not charged to the people. In a misdemeanor the prosecutor has 90 days to be ready for trial and 180 days to be ready for a felony. 
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Question:  My husband is starting a uncontested divorce and is filing under Irreconcilable Differences. The issue is, we never had sort of arguments until one night. He kicked me out, abandoned the apartment and hired a lawyer (married a year no assets) we have no contact at all so I am in the dark. Until today, he mentions he wants a fast divorce. I do not understand anything, and I do not agree with his terms. Is it possible to contest this? I was not even given a chance to communicate or work though our issues.

Answer:  Based on the grounds picked by your husband it will be near impossible to stop the divorce from eventually being granted. That does not mean that you have to agree with his terms. You have every right to contest the divorce and drag it out until a judge has made final decisions regarding the situation. Unfortunately that can be very time consuming and expensive if you are paying for legal representation. 
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Question:  My soon to be x husband and I have been married 10 years.  Am I entitled to any portion of his 401k and if so can I ask for that money up front?
Answer:  You are entitled to a portion of any contributions made during the term of the marriage, the court though will not order any up front payment but that is certainly something that you can negotiate with your spouse during settlement negotiations.  
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Question:  Is it possible to request to see a marriage therapist before making a decision?  In an agreement is it possible to ask for anything besides the usual division of assets, etc.?
Answer:  Once can request joint counseling but not through the court.  The parties, by themselves or through their respective attorneys, can discuss the issue.  Once the case is in the court though it would be highly unlikely for a judge to weigh in on this issue.  
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Question:  I was arrested for an aggravated DWI in the state of New York and wasn't read my Miranda rights throughout the whole arrest process.  After I completed two field sobriety tests I was then given a breathalyzer.  I was then put in handcuffs, arrested and taken to the station.  I know the police are not required to read Miranda rights before an arrest but I was never read my rights after being arrested.  Will this affect my case in any way?  Could the charges possibly be dismissed or lessened because of this?
Answer:  The failure to give a defendant his Miranda warnings would not directly lead to a case being dismissed, or the charges being lessened.  It is possible though that evidence of statements that were allegedly made could be suppressed which might weaken the Prosecutor's case.  
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Question:  What does it mean when you look up an inmate and next to the discharge reason it says "released to another jurisdiction"
Answer:  It sounds like this person could possibly have another pending matter in a different jurisdiction - he could have been taken out by a writ on a Federal Case or possibly there was a warrant in another jurisdiction outside the city.  
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Question:  I am moving to Florida next year and wondering if I should tell my child's father we are moving?
Answer:  If there is already an existing court order regarding custody or visitation in place, you may be better off petitioning the court for approval before making the move.  This could help you avoid a situation where the father brings an action in a New York court subject to an already existing order that could result in the court deciding against the move.  If not, then check the Florida laws regarding residency requirements for family court actions and so long as the child is in FL long enough to satisfy the residency requirements, you can file your Family Court action there.  
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Our office gets numerous calls and emails daily with questions about Criminal cases, Family Court cases and Divorces.  We urge people to come in to the office for face-to-face meetings.  We find people feel more comfortable sitting and talking in person with our attorneys.  However, everyone has busy schedules so we thought it would be helpful to post some commonly asked questions with our answers here on our google+ page, and additional ones will be available on our website - www.brooklynlaw.net.   
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Partner Nicole Krysinski attends a meeting at the Kings County Criminal Bar Association.  Both Howard and Nicole are on the Board of Directions for our local Bar Association.  


http://www.brooklyneagle.com/articles/2014-04-04-193000-0
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