Joshua Bannister

Joshua Bannister

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

Western Michigan University Cooley Law School
J.D. (2015)
- present
Honors: Magna Cum Laude
Western Michigan University Cooley Law School Logo
Lancaster Bible College
(2002) Bachelor of Science in Bible
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Professional Experience
Attorney & Counselor at Law
The Bannister Law Firm, PLLC
- Current
Student Attorney
Washtenaw County Public Defender
Student Attorney
Oneida County Public Defender
United States Marine Corps Reserve
Professional Associations
Herkimer County Bar Association
- Current
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Oneida County Bar Association
Associate Member
- Current
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Jurisdictions Admitted to Practice
New York
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  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    Reasonable payment plans are also accepted.
Practice Areas
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Probate Administration, Probate Litigation, Will Contests
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Traffic Tickets
Suspended License
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Landlord Tenant
Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
  • English: Spoken, Written
Legal Answers
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.
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Websites & Blogs
Contact & Map
Telephone: (315) 508-5383
Fax: (315) 508-5517