If you are arrested or even asked about a crime in about which you could be a possible suspect you should ask the police for permission to immediately call your attorney. If you do not have an attorney you should call a friend and advise him to contact an attorney for you. After you are arrested you should NEVER discuss the case with the police without your attorney being present. Under our legal system once you make a statement to the police the statement CAN AND WILL be used AGAINST you. Often the police will twist your statement and not write down things you say that may be helpful to you. A police officer's promise to make things easier for you, or release you from custody if you cooperate, is NOT enforceable. In conducting criminal investigations police officers often make untrue statements and false promises to suspects. This is an accepted technique investigators use. Only the district attorney's office can make a deal with you. Sometimes a promise of leniency will require approval of a Judge. Plea bargaining is a complex legal area and you will need an attorney to negotiate any offer of leniency. If you make a statement or cooperate with the police or district attorney without a lawyer being present the evidence obtained will be used against you in Court and it will often destroy any incentive the police and district attorney's office may have to work out a plea bargain for you with your lawyer. Police officers and district attorneys are professionals. No matter what they tell you they understand and respect the principle that intelligent people will not speak to them without an attorney being present.
(Table of Questions)
Our criminal courts are very overcrowded and it would be impossible for every case to go to trial. Most of the time your lawyer and the district attorney will meet at some point to discuss your case. Often a plea bargain will result. In a plea bargain you will agree to plead guilty to a lesser offense, which many times may not even be a crime, in return for the more serious charges being dropped against you. A skilled attorney will present your case in the light most favorable to you and will highlight the weaknesses in the District Attorneys case. Often this will result in a quick disposition of your case with results that are acceptable to you.
(Table of Questions)
Both misdemeanors and felonies are crimes. However a felony is a more serious crime. Any criminal charge which can result in a jail sentence of over one-year is a felony. Minor crimes where the maximum punishment is one year or less are misdemeanors. No criminal conviction is a good thing. However a felony conviction is considered far more serious and in many cases can lead to the automatic loss of licenses and other rights. I would caution however that even a misdemeanor conviction can have very serious consequences including prison, possible loss of licenses, and deportation if you are a foreigner.
(Table of Questions)
It is a good idea to get as much information as possible. If it is a car accident try to get the other persons license, registration, and insurance card. If the police take an accident report find out from the police how to get a copy of the report. If you are in a hit and run accident it is very important you file a police report within 24 hours or you will lose any rights to compensation from the State of New York if the other vehicle can not be identified. You or your family should try and contact an attorney as soon after the accident as possible to protect your rights. If there is any possible chance that you may be responsible for the accident it is best you do not discuss the details of the accident with the police since your statement could later be used in Court against you. Provide the police officer with your license, registration and insurance care. Politely tell the police officer that you would prefer not to discuss the details of the accident without your attorney being present.
(Table of Questions)
In our legal system we believe that every cause of action with the exception of murder should have a time period in which legal action must begin. If legal action is not started within that time period you are forever barred from bringing your claim to court no matter how just the claim might have been. Statute of Limitations vary from State to State. For example the Statute of limitations to sue for injuries suffered through negligence such as in a car accident is 3 years from the date of accident in New York State. It is only 2 years in New Jersey. The Statute of Limitations to sue for intentional wrongs such as assault or libel is only 1 year in New York State. In Breach of contract cases the statute of limitations can be as long as six years in New York State. You can be prosecuted for a felony for 5 years from the date the crime was committed. For a misdemeanor the period is 3 years. In addition to Statutes of Limitations many cases against, City, State, Federal Government, or various Government Agencies or Municipal or Public Corporations require the filing of a complex notice of claim before a lawsuit can be commenced. Notice of claim Statute of Limitations can range from 90 days all the way down to as short a period as 24 hours in a hit and run accident. Notice of claims have been aptly described as "mouse traps for the unwary". Tricky Statute of Limitation and Notice of Claim requirements are another important reason why you should contact an experienced attorney as soon as possible after you learn you have a legal matter.
(Table of Questions)
There is no simple answer to this question. We settle many accident cases within a few months. However where there is a serious disagreement about liability, extent of injuries, or damages between us and the insurance company representing the person who caused your injuries it can take much longer to settle the claim. Cases that require extensive court proceedings usually take between 2 to 4 years to resolve.
(Table of Questions)
That can be a difficult question. Lost wages, pain and suffering, extent of permanent injury, medical reports, and many other factors decide how much your case is worth. Depending upon the type of injuries you have suffered we can often give you a rough estimate of the value of your case. However guessing what a jury will do can be very tricky and often at trial you may receive a very different verdict than we estimated.
(Table of Questions)
Often in serious personal injury cases and other matters with good liability and a defendant who appears to have monetary assets or insurance, attorneys will take a case on a contingency basis. This means that your attorney will receive a fee based upon a percentage of the money he recovers for you after deducting expenses for which you are legally responsible. In New York State the maximum contingency fees a lawyer can charge you in personal injury cases are regulated by law. The retainer agreement you sign with an attorney will describe the contingency fee in detail.
(Table of Questions)
It is very dangerous to get involved in any agreement that is not finalized in a writing signed by both parties. Under the provisions of the Statute of Frauds many oral agreements are NOT enforceable while others are enforceable. If your agreement involves a considerable amount of time, money, valuable property, or effort it is always advisable to have a written agreement prepared by a qualified attorney to save yourself the possible grief of learning later that you have no rights because you didn't put your agreement in writing.
(Table of Questions)
It is very important that you have a properly drafted will. Without a will much of your property may go to people you do not want to get it. A will insures that your property will go to the people you want to have it. A will may also reduce the estate taxes your estate will pay when you die and have other substantial benefits for your loved ones. A competent attorney will carefully prepare your will in accordance with your wishes.
(Table of Questions)
In many cases the answer is yes. Incorporation is a simple procedure that only takes a few days. In most cases being incorporated will protect you from personal liability if your business is sued. It may also result in lower taxes and have other benefits. A careful analysis of your business needs with your attorney can determine if incorporating is a good idea.
(Table of Questions)
In big cities like New York City where land is very scarce Co-ops and Condos are very popular. In co-ops and condos ownership rights are shared between many apartments. Often large skyscrapers are converted into Co-ops or Condo's. Co-op and Condo prices have been rising dramatically in New York City in recent years. However whether the purchase of a particular Co-op or Condo is a good investment requires careful analysis. An experienced attorney will review the financial statements and offering plan of the Co-op or Condo and advise you if the investment is a good and safe one.
(Table of Questions)
Under New York's Sullivan law it is very difficult to get a handgun permit. However there are some exceptions and various limited permits available. This is a matter that requires a careful consultation with a knowledgeable attorney.
(Table of Questions)
Over the past few years the immigration laws of the United States have tightened dramatically. Getting green cards or work visas generally will require that you have some special skills and an American Company Sponsor or have married an American citizen. Other options may include student visas. However these Visas as a general rule do not allow you to work in the United States without special permission and are somewhat limited. A careful consultation with an immigration attorney will advise you of your rights.
(Table of Questions)
In New York State the answer is yes, unless you have a written employment contract. The sole limited exception is that a boss can not fire you because of your race, religion, place of national origin, or sex. That type of discrimination is illegal. However your boss could fire you for silly reasons such as because: 1- he is in a bad mood or 2- because he doesn't like the fact that you have a cat! The moral is before you change jobs or put a great deal of extra effort into your present job it is always best to try and get a WRITTEN employment contract.
(Table of Questions)
It is usually not a good idea since the laws can be very complex. However if your case is small, under $3000 in New York State, you can successfully represent yourself in Small Claims Court. Small Claims Court is designed for non-lawyers to bring small actions without the assistance of an attorney.
(Table of Questions)
Recently the United States Supreme Court has decided a number of sexual harassment cases that have dramatically strengthened the rights of workers throughout the country. Employers and supervisors who sexually harass workers can be sued for sexual harassment and be forced to pay large amounts of money to the workers they sexually harass.
(Table of Questions)
In New York City residential tenants have many remedies. You can complain to City Agencies such as the Health Department or the Heat Complaint hotline number depending on the problem. You can also call the Housing Department about certain violations. Appropriate complaint agencies can be found by calling Information on your telephone. If you continue to get no satisfaction you can withhold your rent and let the landlord take you to Housing Court or start your own Housing Court case against your landlord. In Housing Court the Judge may make you pay your rent into Court. However he will order an inspection of your apartment and make the landlord repair the violations. If the condition is severe enough he may even reduce your rent because a portion of your apartment was uninhabitable because of the violations. It certainly would make sense to discuss the matter with an attorney before going to Court. Commercial tenants have much less rights in New York City. They DO NOT have the right to withhold rent if repairs are not made unless it says so in the lease. The services a commercial landlord must provide a business are a lot less that the services the owner of a residential building must provide. It is very important a business tenant spells out every single service he expects in the lease he signs with his landlord. Unlike a residential lease the courts WILL NOT imply a warranty of habitability in a commercial lease. A lousy landlord can destroy your business and you may be stuck with very little options unless your lease SPECIFICALLY addresses your complaint.
(Table of Questions)
Divorce laws vary from State to State. Surprisingly New York State is the only State that does not have some type of no fault divorce. Unless you are separated under a written separation agreement you will have to prove that your spouse abandoned you, committed adultery, or engaged in cruel and inhuman treatment. Cruel and inhuman treatment is liberally defined by the Courts but you do have to show specific instances of cruelty. New York State equitable distribution means that each spouse can get up to 50% of the property accumulated DURING the marriage. Unlike States like California in New York State property a spouse owned BEFORE the marriage is generally NOT included. Child support is based on a percentage of parental income, i.e. 17% for one child with the percentages rising depending on the number of children. Child custody is determined by a standard which decides what is in the "best interests of the child." There is no presumption that the mother will get custody although as a practical matter that often happens. Liberal visitation rights for the non-custodial parent is the preferred policy. Spouses who do not work are sometimes awarded "Maintenance" which is similar to alimony. Generally maintenance ends on remarriage and often after a set number of years. Spouses in long marriages generally get much greater benefits that spouses in short marriages. Marrying a millionaire for only one year in New York State will usually not leave you an instant millionaire after a divorce. Matrimonial law is a complex area and even if a divorce is uncontested an attorney should always be retained. Do it yourself divorce kits can be a ticket to disaster.
(Table of Questions)
Choosing an attorney is a serious matter. I would generally look for an attorney with at least 10 years experience in the area you are interested in. The more difficult and complex your case is the more important it becomes that your attorney is experienced. Matters such at simple incorporations, uncontested divorces of young couples with few assets, or minor traffic violations do not require a legal superstar. However more complex matters such as serious personal injury cases, felony criminal cases, or complex real estate deals require that your attorney be far more experienced. If your legal matter will require a large amount of money for experts, investigators, and other support personal such as in a personal injury case it is a good idea to ask the attorney right away if he will be willing to advance expenses on your case or if he will expect you to advance the expenses. For example, expenses to take an accident or medical malpractice case to trial can easily exceed $10,000.00. If your attorney is billing you on an hourly rate it is an excellent idea to try to get a cap from the attorney stating what the maximum legal charges may be. Many outstanding attorneys will put a maximum cap on your legal fees. This will allow you to plan your legal expenses and not be shocked by a huge unexpected legal bill in the future. Personally I would never hire a very large law firm. In my experience the best attorneys I have known have worked for small to medium sized law firms. Giant law firms often pass clients around between many attorneys and waste countless hours on repetitive work by attorneys and paralegal, which are then billed to you. Often you are passed to a young attorney who is a recent law school graduate with very little experience in the nuances of the real world. Small and medium sized law firms care more about keeping your business and will work harder to accommodate you. You will be able to negotiate a better fee arrangement with them. I would always opt for an attorney that handles many areas of law as opposed to "specialists" who only practice in a single area. Most of our legal matters overlap several areas of law and I believe the wide range of interests a general practitioner has is far superior to the limited areas of knowledge a "specialist" possesses. It makes little economic sense for a businessman to hire separate lawyers for real estate, immigration, collections, contracts, licensing, etc. when a single experienced law firm can easily handle all those matters and can better advise you of the relationship of all these areas to your business needs. In criminal matters I would NEVER hire an attorney who claims or implies to have "inside connections" with the Police, Judges, or District Attorneys. Often desperate clients seek guarantees. There are no guarantees. Unethical attorneys often boast or imply "connections" they know are not true. Attorneys who claim special relationships are a disgrace to the Bar and I can guarantee you in the long run will rip you off with excessive legal fees and create for you more legal problems. An honest, experienced, and caring attorney is your best protection in all legal matters. Pick an attorney you are comfortable with. Look beyond the Brooks Brothers Suit, the fancy office, the ridiculous pictures of celebrities he's met for 2 minutes, and the other irrelevant junk. If the attorney's looking at his Rolex watch more than he's looking at you he's not the right attorney for you. Pick a bright experienced lawyer who genuinely seems to care about you and your legal matter, and you will have found the best attorney for your needs.
(Table of Questions)
There is a national child support standard which is followed in New York and other States. For one child support is 17% of the parents gross income on the first $80,000. 25% of gross income on first $80,000 for two children. The percentages rise based on parental income and number of children. Parents may also be held responsible for health insurance and other benefits. It is very important to contact an attorney before finalizing any agreement
(Table of Questions)
The good news is that you won't go to jail for a long time. The bad news is you may very well be arrested and be stuck in jail for a day or two which will prove to be a very unpleasant experience. It should also be mentioned if you are carrying more than a tiny amount of marijuana or if you are caught with any amount of other illegal drugs the penalties can be severe
(Table of Questions)
If you are assaulted in New York State you have one year to start your lawsuit or be forever barred. This time frame may be different in other States.
(Table of Questions)
You certainly can be arrested. Threats over the telephone are aggravated harassment, a misdemeanor with a maximum legal exposure of one year in jail.
(Table of Questions)
Not so fast. In New York State and most other States there is a lost property Statute. You may eventually get the property but first you must turn it in to the police, wait a period of time, and follow certain other steps. Should the owner appear you will not get to keep the property
(Table of Questions)
Sorry you can't keep it. If you try to spend the money you could be arrested for grand larceny assuming you had reason to know the money was not yours. Even if you thought the money was yours the bank can still sue you to get it back.
(Table of Questions)
New York and many other states have the one bite rule. An owner of a dog is only liable for a bite if he had knowledge that the dog was vicious. If the dog never indicated any vicious tendencies before attacking you than you can not collect for your injuries. This is often a jury question and most of these cases are settled regardless of the actual law involved
(Table of Questions)
The answer is not so simple. If the store does not admit they dropped the banana or admit that the banana was on the floor for a prolonged period of time you will not be able to collect. To collect money you must show the store either dropped the banana, had actual notice that the banana was on the floor, or that a reasonable period of time had passed and the store had not inspected the floor. This type of case can be very tricky if the store is unwilling to quickly settle the case. It is very important you consult an attorney BEFORE you make any statement about the accident to the store's employees, investigator, or insurance company.
(Table of Questions)
Food poisoning often occurs because of the negligence of the restaurant. I certainly would recommend you immediately contact an attorney and consider suing the restaurant.
(Table of Questions)
If there was no agreed reason between you and him for the deduction you can make a complaint to the New York State Labor Department or sue him for the money.
(Table of Questions)
The contract will govern this matter. However if the contract is silent on what happens in the event of a cancellation since you reserved your professional time and gave up other opportunities you would have a good chance of winning your money in Court. It should be noted that if the cancellation occured several months before the wedding and you failed to take steps to lessen your damages or seek other job opportunities you would have a much more difficult case in Court
(Table of Questions)
A license is a privilege and not a right. A past criminal conviction can ruin your chances of getting a license. It is up to the licensing authority. However if the rejection is based on a very old legal matter you might be able to overturn the licensing department decision in an Article 78 proceeding in Court. This is a difficult and complicated matter that requires the skills of a qualified attorney
(Table of Questions)
|
ARTICLES 
