Why do I need a lawyer?
If you are a company, even a non-profit, you are required by law to have a lawyer represent you. If you are a personal defendant than you don’t need a lawyer. Of course, it is always a good thing to have a professional attorney representing you as they know the law and exactly what to do to give you the best chance at getting your case dismissed.
I was never informed I had to go to court. Why do I have a court date?
If you received a Violation Order from the FDNY and did not comply within the specified time frame (usually 30 days) you are charged with a misdemeanor for not complying with an FDNY Executive Order. Companies are informed of these charges by serving process on the Secretary of State in Albany. While the Secretary of State is supposed to send you this information by mail before your court date, it usually doesn’t get to you in time, if at all.
Where do I go for my hearing?
All hearings are held at 1 Centre Street 16th Floor, New York, NY 10007. Even if your business is located in Brooklyn, Queens or the Bronx and your summons or notice says Kings County or Queens County.
I got a letter in the mail saying I was found guilty and I owe $5000.00 and that I need to pay it by a certain date. Can I get this removed?
Yes. We can vacate the default judgment and help you reduce or dismiss your violation. The date you must pay by is the same date you need to be in court to get the default judgment vacated.
I am in the courthouse. Where do I go for my hearing?
Hearings for fire department violations are on the 16th floor, in SAP 2A. (Summons Administrative Part 2A)
What do I do when I get to SAP2A?
The first thing you will do is sign in. When you get to the 16th floor, make a right and submit your case number to the court clerk. Then go to the left and wait in Courtroom 1. You will be called in by corporate counsel. Corporate counsel are the opposing attorneys.
I am meeting with Corporate Counsel. What do I say?
When you meet with corporate counsel make sure to have all your documents ready to show that you are in compliance and cured the initial violation order. It is helpful to have a lawyer who can make arguments you may not even be aware of that are helpful to your case. These arguments can make thousand dollar differences in the amount of the settlement they will offer you.
No information on this website shall be construed as legal advice. The reader bears the risk of following any of the advice, information or knowledge contained in this website.
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