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Author Archives: Maurice J. Verrillo

New Discovery Rules Increase Defendants’ Access to Prosecutors’ Files

As of 2020, New York has adopted major changes to its discovery rules in criminal cases, making more information available to defendants quickly and easily. Until the reforms, New York’s criminal discovery law — sometimes called the “blindfold law” — was among the most restrictive in the nation. Discovery is the process by which lawyers […]

New York Adds Domestic Violence as a Factor to Consider in Equitable Distribution

New York State divorce courts now weigh domestic violence as a factor when making decisions about how to divide property among the spouses. Under a revised statute that took effect in 2020, courts must now consider “whether either party has committed an act or acts of domestic violence … against the other party and the […]

Does the COVID-19 Response Justify Modification of Visitation Rights?

As the coronavirus pandemic continues to spread, it’s natural for parents to wonder if the risk of contracting the virus should impact their child visitation plan. New York was hit particularly hard by COVID-19, and parents may be tempted to simply keep their child at home rather than risk spread of the disease by carrying […]

Recent Laws Roll Back New York Bail Reforms

A year after New York lawmakers passed sweeping bail reforms that drastically reduced the numbers of defendants in pretrial detention, pressure from police and prosecutors has caused a rollback of some of the changes. The new laws eliminated bail for the majority of misdemeanors and non-violent felonies. Instead of having to post cash bail or […]

Reckless Driving as a Plea Bargain Option for DWI or DWAI

New York has two types of offenses relating to operation of a vehicle while drunk or drugged: DWI (driving while intoxicated) and DWAI (driving while ability impaired). Both can have serious consequences, including jail, fines and loss of driving privileges. If you are charged with a DWI , you generally cannot plea bargain to anything […]

How Does NY No-Fault Law Limit Recovery of Car Accident Damages?

New York operates under a no-fault car insurance system. If you are involved in a car accident in the state, your own auto insurance company reimburses you for medical treatment and other out-of-pocket expenses up to the limits of your personal injury protection (PIP) coverage. It does not matter who was at fault in the […]

When Are Owners Liable for Injuries on Their Properties?

If you are injured while on someone else’s property, the owner or occupier is liable if certain factors exist, such as whether the injury resulted from an unsafe condition on the premises. The most common premises accidents are slips and falls, but injuries can also be due to falling objects, dog bites or some other […]

What Happens if You Host a Gathering While in Quarantine?

Along with the serious health risks associated with coronavirus, Americans are burdened by quarantine orders and similar directives that forbid them from seeing their loved ones, even for major events such as holidays and birthdays. It can be tempting to try to break the rules, especially for people who believe that they don’t fall into […]

Who Gets the Stimulus Check When Spouses Are Separated or Divorcing?

Going through a divorce is stressful enough, but the coronavirus pandemic spreading throughout the United States presents additional complications for spouses who have decided to split. In addition to changes that might need to be made regarding custody and visitation arrangements while travel is restricted, negotiations over property division need to address any new economic […]

Communicating With Your Ex About COVID-19 Custody Issues

During a crisis such as the COVID-19 pandemic, family becomes more important than ever, especially for children whose schedules have been disrupted by long-term school closures and the cancellation of other activities. Parents who are divorced or live apart for other reasons know the importance of maintaining healthy communication through difficult situations. Though this situation […]

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