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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9267
Experience:  Since 1983
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I received a Motion

Resolved Question:

I received a Motion for Dismissing my complaint from an attorney. His client stole $ 45,000.00 of property from my home, buildings and property. I filed a lawsuit in New York court to collect the money value of my property. Could you tell me how I would answer this motion for dismissal of the case? Would a letter to the court objecting to the motion be enough?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 5 years ago.
A letter to the Court is not enough, you have to serve and file a formal opposition in proper legal format and on time.

What does the motion to dismiss say?

Which Court is this in?
Customer: replied 5 years ago.
Livingston County, New York State. Its a Cross Motion to Dismiss with prejudice. I filed a Motion for an Extension of Time and the Attorney for the defendant responded with the Motion to dismiss the case. Could you explain more what you mean by Legal format? Another Motion or What?
Expert:  N Cal Attorney replied 5 years ago.
The format will look like any other opposition to a motion.

You can get a free consultation from some of the collections attorneys in that County, listed by location at
http://lawyers.findlaw.com/lawyer/practicestatecounty/Collections/New-York/Livingston

I urge you to hire a local attorney to assist you.
Customer: replied 5 years ago.
Do I have to answer the Motion to dismiss or not? There is a Hearing on September 12,XXXXX My Motion for an Extension of time and this response from the defendant attorney for dissmissal of the lawsuit are on that day.
Expert:  N Cal Attorney replied 5 years ago.
Failure to oppose a motion is very risky and is a reason for the Court to grant the motion. So my answer is Yes, you need to file an opposition.
Customer: replied 5 years ago.
So I need to Object to the motion to dismiss, a new motion , pay $ 45.00 to File the new motion and a Notice of Motion with the court before September 12, 2011?
Expert:  N Cal Attorney replied 5 years ago.
You are not filing a new motion, you are filing a memorandum in opposition to the motion to dismiss.

The Court Clerk will know what the filing fee is.

The County law library should have legal practice form books with sample of an opposition to a motion to dismiss. If you will not retain an attorney, please ask the law librarian to direct you to the form books.
Customer: replied 5 years ago.
Does Judge Wiggins the Judge in my case have any responsibilities as a Judge in New York and as an Attorney to report this crime of $ 45,000.00 of property stolen to Law Enforcement such as the District Attorney, Sheriff or State Police once I filed my complaint with the court in January 2011 and he became aware of the crime? Its been 8 months.

Also I asked attorneys to help write a letter for me to the Sheriff, State Police and District Attorney and they told me that attorneys can't report crimes and that only the person that has property stolen from them can report to Law Enforcement. Is this Correct that an Attorney cannot report this crime for me?
Expert:  N Cal Attorney replied 5 years ago.
The Judge has no absolute duty to report a crime.

Most police agencies will only accept a crime report from the victim or a witness to the crime, and not from an attorney for the victim.
Customer: replied 5 years ago.
Can you explain No Absolute Duty? What are Judges Duties under 18 USC 4 of FederalCriminal Codes?
Expert:  N Cal Attorney replied 5 years ago.
18 US Code § 4, posted at
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000004----000-.html
creates a duty to report Federal crimes, not State crimes.
N Cal Attorney and other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 5 years ago.
Thank you for accepting my answer.
Customer: replied 5 years ago.
Will the jury in my case each get a copy of my complaint, all the motions filed and transcripts of the hearings to read before trial?
Expert:  N Cal Attorney replied 5 years ago.
I apologize for the delay in my reply, there was a glitch with the website.

You asked:
Will the jury in my case each get a copy of my complaint, all the motions filed and transcripts of the hearings to read before trial?

My answer is No, the jury does not get to see the pleadings and motions and motion hearing transcripts previously filed in the case.

The jury only gets the evidence allowed by the Judge along with the jury instructions given by the Judge. If there was testimony transcribed at a prior hearing or deposition, that testimony may become admissible at trial, especially if a witness contradicts his or her prior testimony, but the jury does not automatically receive that material.

I hope this information is helpful.
N Cal Attorney and other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 5 years ago.
Thank you for accepting my answer.