Joshua Bannister

Joshua Bannister

The Bannister Law Firm, PLLC
  • Divorce, Family Law, Real Estate Law...
  • New York
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Summary

Joshua is a native of Herkimer County. After college, he served our country as a Marine Officer, achieved the rank of Captain, and served on three deployments to the Middle East. Following service in the Marines, Joshua attended the Thomas M. Cooley Law School where he graduated Magna Cum Laude and was admitted to the New York State Bar in 2015. Joshua gives 100% to everything he does. Following a recent jury trial in the Village of Herkimer [Docket No. 17050159], Joshua's client was found not guilty on all counts which was the first misdemeanor acquittal in Herkimer County in the preceding five years. If you want someone in your corner who you can trust to fight for your rights, give Joshua a call. Joshua is a member of the Herkimer County Bar Association and serves all of Herkimer, Fulton, Montgomery, Otsego, and Oneida Counties.

Practice Areas
  • Divorce
  • Family Law
  • Real Estate Law
  • Criminal Law
  • Probate
  • DUI & DWI
  • Business Law
  • Traffic Tickets
  • Personal Injury
  • Landlord Tenant
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Reasonable payment plans are also accepted.
Jurisdictions Admitted to Practice
New York
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Languages
  • English: Spoken, Written
Professional Experience
Attorney & Counselor at Law
The Bannister Law Firm, PLLC
- Current
Student Attorney
Washtenaw County Public Defender
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Student Attorney
Oneida County Public Defender
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Captain
United States Marine Corps Reserve
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Education
Western Michigan University Cooley Law School
J.D. (2015)
- present
Honors: Magna Cum Laude
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Lancaster Bible College
(2002) Bachelor of Science in Bible
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Professional Associations
Herkimer County Bar Association
Member
- Current
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Oneida County Bar Association
Associate Member
- Current
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Websites & Blogs
Website
Legal Answers
11 Questions Answered

Q. Ohio holding for New York, 10 year warrant 3 year Statute of Limitations in New York they're not coming what do I do?
A: It sounds like he has a bench warrant. The statute of limitations was satisfied when the officer filed charges with the court. Speedy trial timelines are tolled for the time the defendant absents himself from the court proceedings. Bench warrants don't go away until the defendant appears on the warrant or the court is served with a death certificate. New York may or may not pick him on the warrant. If they don't, he will continue to risk being detained every time he has police contact until he appears. Now would be a good time to retain counsel to mitigate the damage on this one.
Q. Can a certified letter that goes through the mail room, count as the defendant was served?
A: Maybe. There's more than one way to serve someone in New York and following up with a mailed letter is a component of several different ways to execute proper service. Now would be a good time to retain counsel to answer the summons/complaint/petition before you end up with a default judgment. Defective service is something an attorney can raise in the answer, but more facts are needed to determine if that's a possibility.
Q. If my wife and myself have durable Power of Attorney for each other does the 5 year look back period apply.
A: There's more than one way to own property. Self-settled trusts are subject to the 5 year lookback period. You should retain counsel to come up with a better plan than what you have right now.
Q. Is it likely that a driver will have their license suspended after their first DUI offense?
A: Your license will be suspended at the first court appearance under New York's mandatory prompt suspension law. You should retain counsel to minimize the damage as well as the license suspension.
Q. Can a town court issue a ticket for a 509.1 AFTER the person has already left their jurisdiction?
A: Yes. The statute of limitations clock is tolled for the time the defendant is away from the jurisdiction.
Q. What kind of a lawyer can help me to file an appeal?
A: It sounds like you lost a summary judgment motion & that you don't agree with the court's decision. Your remedy is to take an appeal to the Appellate Division. The time to file a notice of appeal is measured in days, so that should be your first priority. Appellate work is expensive, so be prepared to dig deep in your wallet.
Q. I was recently told by someone the property line begins at the historic high tide water mark. Is this true?
A: The public has a right of way up to the high water mark.
Q. I was charged with attempted burglary in the 2nd degree what could be my sentence
A: The sentence will ultimately depend on your prior convictions.There's also post-indictment plea limitations that could come into play depending on what stage of the proceedings your case is at right now. You should retain counsel to negotiate the best possible disposition.
Q. House was purchased during marriage. Deed and mortgage only in wifes name. Down payment was a gift to the wife.
A: Under New York's equitable distribution law the court will divide the marital property between spouses irrespective of who's name is on the title.
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Contact & Map
598 E MONROE ST
LITTLE FALLS, NY 13365
USA
Telephone: (315) 508-5383
Fax: (315) 508-5517