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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26104
Experience:  Litigation Attorney
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small business owner having problems with the town of north

Customer Question

small business owner having problems with the town of north hempstead do you help and repersent ?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX X'X a business litigation attorney.

Kirk Adams :

The attorneys on this site - like myself - can't take on clients through this site. Instead, we're here to provide information about the law to customers.

Kirk Adams :

Also, I can give you some reference tools to search for an attoreny in your area if you wish.

Kirk Adams :

AND I can try to answer any questions regarding your situation if you wish to discuss it.

Customer:

yes

Customer:

i am not getting any answer or any one

Kirk Adams :

The website locked up for a few minutes. I typed a ton of stuff, and Apparently it didn't post.....

Customer:

ok so did you get any of my questions

Kirk Adams :

Yes. I think the site is going again. Martindale-Hubbell is the oldest and most respected Independent attorney ranking service in teh United States.

Kirk Adams :

You can visit www.martindale.com and search for an attorney by area of practice and location.

Kirk Adams :

When you go to the site, you can click on "Find a Lawyer or Law Firm" and then fill out the form to find an attorney in your area.

Customer:

ok

Kirk Adams :

It's most likely that you want to search for a business law attoreny in your area given that you have an issue with your business.

Customer:

as far as the town gose

Kirk Adams :

Any attorney with an AV or BV rating are among the best in their fields.

Customer:

can they arrest some one for those tickets

Kirk Adams :

Apparently, something you posted didn't make it to the Q&A above either due to the website issue earlier.

Kirk Adams :

Can you tell me what the issue is with the tickets and the town law enforcement?

Customer:

first was for the cars parked outside on the streets

Customer:

then the it wasnt clean enough . the sidewalks

Customer:

now that we rented a storage space there complainig that it is a junker. bu t we use it as a storage space for the cars

Kirk Adams :

So are you asking if you could be arrested for cars being parked on the streets or for the sidewalk being dirty?

Customer:

that and for all the tickets that there writing out to the business

Kirk Adams :

Ok.

Kirk Adams :

A traffic violation is NOT a crime under NY law - - it's a violation. Thus, you should not be arrested for a traffic violation.

Kirk Adams :

However, if the police can find some misdemeanor offense, you could be arrested BUT it is really unlikely except for serious misdemeanors.

Customer:

we have to go to court for the tickets next weeek i am afraid that they would arrest me to those tickets .. i mean there all have beed paid for the ones that were issued last time .. but this time i have to acutally go to seee the judge

Kirk Adams :

If they were going to arrest you, they would have already done that.......

Customer:

were doing all we can .. but it dose take time and were getting all permits ta

Kirk Adams :

As I said, any traffic violation, charge for littering, etc. isn't going to be something that you're arrested for.

Kirk Adams :

IF you failed to show up for court, then the judge could issue a bench warrant for you because of your failure to appear, and if that happened, you could be arrested.

Customer:

so the towns tickets are not the same as a ticket from an officer

Kirk Adams :

Absent something like that, you should not have to worry about being arrested.

Kirk Adams :

The town is probably issuing you citations based on local codes or ordinances and NOT based on criminal laws or violations.

Customer:

and as far as the town coming on to the property can they come in and take pic of the property

Kirk Adams :

The town likely has a right to inspect the property for health and safety concerns, so it's not likely that you can keep them off of the property, BUT you can require them to state their business and reason for being there and also ask them to provide you with the local ordinance or rule that allows them to come onto your property to take pictures.

Customer:

ok so do you still think i should take a lawyer with me to court for this matter?

Kirk Adams :

I would recommend that you consult an attorney and have him/her review the citations, the proofs of payment and help you prepare for the hearing, the possible issues that will arise (which should be evident with a review of the tickets/citations) and also to allow the attorney to do the talking (or most of it) as that will keep you from having to say too much or say something you may not need to, etc.

Kirk Adams :

So, if you can get an attorney in time, I would certainly recommend that you have one accompany you for this.

Customer:

good ok ,,, well i am gonna look for one .. and can you tell me where can i find information about the laws and regulations for the state of ny for what we just talked about so i can be aware of what they need from a person so i cant get anymore tickets

Kirk Adams :

If the town has issued you citations, then you're going to have to get a copy of the local ordinances and rules that govern businesses in your area. That should be available (probably even online) from the town's code enforcement office.

Kirk Adams :

You should be able to obtain a copy of any regulations that govern your business or how you operate from them. ALSO, when you consult an attorney, he/she can likely get you a copy of the information that you need as well.

Customer:

ok well thanks for your help

Kirk Adams :

No problem. Glad to help.

Customer:

i appreciate your time

Roger, Attorney
Category: Legal
Satisfied Customers: 26104
Experience: Litigation Attorney
Roger and 16 other Legal Specialists are ready to help you

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