Charles Holster

Since 1984, I have had the honor of representing clients in civil and criminal appeals, and complex litigation. During that time, I have continually been learning from my colleagues, and also contributing to the advancement of the law by lecturing and authoring articles on appellate practice and other legal topics. A commitment to excellence is the driving force behind my approach to each and every case.

Maurice A. Deane School of Law at Hofstra University

J.D. | Law

1979 - 1982

Hofstra University

MBA (1982) | Finance

1979 - 1982

State University of New York - Stony Brook

B.A. | Economics

1977 - 1979

Activities: Debate Society

Owner

Law Offices of CHARLES E. HOLSTER III, ESQ.

1984 - Current

For 39 years, I have been representing clients in civil and criminal appeals, and complex litigation.

The Windows of Opportunity for Reargument Motions

Family Law Review (New York State Bar Association, Family Law Section)

2023

"What Constitutes Probable Cause for a `Real-time' CSLI Warrant?"

Nassau Lawyer

March, 2022

"Real-time Cell-Site Location Information: Where Are We Going?"

Nassau Lawyer

January, 2022

"The Government Must Now Obtain A Warrant To Compel Disclosure of Cell Phone Location Records"

LLRX

October, 2018

“Jury Instructions as Grounds for Appeal”

Nassau Lawyer

March, 2014

"Family Court Appeals", Nassau County Bar Association

April 21, 2008

Nassau Academy of Law

“Evaluation of Professional Licenses and Practices”, Nassau County Bar Association

Nassau Academy of Law

Appeals Panel, Assigned Counsel Defender Plan

Appellate Division, Second Department, 1986 -

Nassau County Bar Association  # 14045

Member

1984 - Current

Activities: Appellate Practice Committee; Publications Committee; Criminal Law and Procedure Committee; Matrimonial Law Committee

New York

Since 2004

2nd Circuit

Since 2005

U.S. Court of International Trade

Since 1986

U.S. District Court, Eastern District of New York

Since 1986

U.S. District Court, Southern District of New York

Since 1986

U.S. Supreme Court

Since 2006

• Free Consultation
  An initial consultation generally lasts between 30 to 60 minutes. It is an opportunity you to provide an overview of the problem about which you are seeking legal assistance, or the ongoing court case concerning which you are seeking a second opinion. It will allow me to ascertain what the case is about, what your objectives are, what may need to be done to reach those objectives. It is not enough time in which to convey to an attorney all of the information that he would need to arrive at a final informed opinion. It is merely a starting point.
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Appeals: My fee for an appeal is an agreed upon, fixed amount, based upon the estimated time that the appeal I expect the appeal to take me to complete. I also estimate the out of pocket expenses that may be required, and an amount sufficient to cover those expenses must be paid in advance. Complex Litigation: An hourly rate is charged for ongoing litigation, since it is not possible to know how long an active case will continue.

• Civil Appeals
• Criminal Appeals
• Complex Litigation
• Administrative Law

Q. I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

April 17, 2024

A: The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved in that are also pending in the Supreme Court

Q. What does cases mean on the table of authorities cited part? A. This means the previously decided cases that you are citing as authority for your arguments

Q What does statement of the case mean? A. Statement of the case means a statement of the facts, including what happened in the lower courts.

Q. The prosecutor on my case from 11/30/2022 appealed the judges dismissal with prejudice. Didn't I have to be notified?

April 8, 2024

A: Yes, you had to be notified. The prosecution had to send your attorney a copy of its a motion. So, check if your attorney received it or not. If he did, he should have informed you. If your attorney did not receive a copy of the prosecution's motion, then the appeal may have been defective. If it was defective, then the appeal could get dismissed.

This was not harassment or a violation of your civil rights. When you won in the lower Court, you did not win "on factual law." Your case was dismissed because the lower decided that the accusatory instrument was "legally insufficient." That was not based upon a factual determination of what you did or did not do. Nor did it mean that you were found to be "not guilty."

In order for an accusatory instrument to be legally sufficient, the "accusatory" part must state each of the elements (or parts) of the specific crime that you are being charged with, and the "factual" part must state what you did which allegedly satisfied each of the elements of that crime. The dismissal by the lower court is " the law" in you case, but it could be overturned by the appellate court if it decides that the accusatory instrument was NOT "legally insufficient." When it was overturned in your case, it meant that your case will continue until you have a trial, and the jury decides whether you are guilty or not guilty. It is the jury which decides the facts, i.e., whether you did what you are being accused of doing. If you are acquitted by the jury, which means that you are found "not guilty," the prosecution cannot appeal that verdict. That would be "double jeopardy," which the law prohibits. ... Read More

Q. Article 50 - Judgments GenerallyR5015 - Relief From Judgment or Order. be use on a 2 years 7monthcase?

October 3, 2023

A: This question does not involve an appeal. It involves a motion to vacate a default judgment in the lower Court. Such a motion must be filed within one year of the default. If however, the default was due to defective service of the summons and complaint, and you never knew that there was a case against you until one day there was a garnishment on your salary, or a block on your bank account, then you may be able to challenge the validity of the service. For example, if you could show that you had moved to a different address several years before the process server allegedly served the summons and complaint upon you, then you could possibly get the default judgment vacated. If, however, you did receive the summons and complaint, but just never answered it, then it is too late for you, after 2-1/2 years, to try to vacate the judgment. ... Read More