Friday, October 30, 2009

Below is a list of the location for criminal arraignments in the New York area.

THE ARRAIGNMENT
A. Individual County Arraignment Location and Hours-
1. Nassau- 99 Main Street, Hempstead
2. Suffolk- 400 Carleton Ave, Central Islip
3. Queens- Queens Blvd, Kew Gardens
4. New York-100 Centre Street, Manhattan
5. Brooklyn-120 Schermerhorn Street, Brooklyn

It is certainly advisable to have a retained lawyer at arraignment. Oftentimes it can be the difference in the Judge's bail decision.

Monday, October 5, 2009

School Accident cases

If a child is injured at school, special rules apply to any potential personal injury claims. For example, if the child is injured due to the negligence of the school or another student, the school district must be notified within 90 days of the potential claim. This notification is done by way of a Notice of Claim. A Notice of Claim puts the school district on notice of the child's intent to pursue a personal injury claim against the school district. Upon receipt of the Notice of Claim, the district is entitled to conduct a "50H" hearing whereby they can question the child about the incident. Only after the requirements of the Notice of Claim have been complied with can a student begin a personal injury claim against the district.

Aggravated DWI

Motorists in New York State should be aware of the "aggravated DWI" charge. According to the law, if a motorist is found guilty of driving with a blood alcohol content (BAC) above a .18%, the motorist will be guilty of an aggravated DWI. This convictions results in an increased fine, license revocation, ignition interlock and the possibility of jail time. Most DA's offices in the area are reluctant to plea bargain DWI cases with such a high BAC reading.

Friday, June 26, 2009

Leaving the scene of an accident

Recently we represented a client who was charged with leaving the scene of an accident involving personal injury. The client was accused of running over the foot of a pedestrian in a parking lot and then leaving the parking lot without exchanging insurance information. She was found by the police a short time later and charged with the offense. The District Attorney's Office was adamant that our client not receive a plea bargain. However, we were able to speak with the victim's civil attorney and discovered that the victim was not angry with our client. The victim believed that our client simply panicked. This information, coupled with evidence of the good character of our client was enough to convince the DA to offer a plea bargain.

Friday, June 5, 2009

Leaving the scene of an accident

Recently we have seen a surge in leaving the scene of accident charges. There has been speculation that this may be due to drivers wishing to avoid the penalties associated with driving while intoxicated. This situation may arise if a motorist has something to drink and gets in an accident. Rather than risk being charged with DWI, the driver flees the scene. If the driver is not arrested until a later date or time, a DWI charge is very difficult to prove. However, there are very serious financial/insurance issues involved with leaving the scene of an accident. A motorist who does not wait for the police may jeopardize the insurance company covering the accident.

Thursday, April 2, 2009

DMV Refusal Hearing

If you are arrested for DWI in New York State and refuse to take a breath test, your licensed will be suspended. However, you are entitled to a refusal hearing to determine if you properly refused to take the test. If the officer shows up at the hearing, it is most likely that your license will be suspended. However, it is critical to attend the refusal hearing. If the police officer does not show, most DMV hearing officers will give you back your licensed until the next hearing date. Even if the officer does show, it is a great opportunity to obtain valuable information about the events leading to the arrest. Never pass up the opportunity to gather information about your arrest.

Tuesday, March 31, 2009

Mortgage Fraud

Recently there has been an increase of prosecution of mortgage related crimes. These crimes can include false statements in loan applications, inflated home appraisals or fraud in connection with the purchaser's identity. These cases can be prosecuted by local authorities such as the Nassau County District Attorney's Office or the Suffolk County District Attorney's Office. In addition, federal prosecutors are also pursuing these claims.