Author Archives: Maurice J. Verrillo
When May You Plea Bargain a DWI to a “Wet Reckless”?
In New York, a “wet reckless” plea bargain refers to a reduced charge that replaces a standard charge of driving while intoxicated (DWI). The term is used informally to describe reckless operation of a vehicle with alcohol influencing the driver’s abilities, but at a level of impairment less severe than what would constitute a DWI […]
[New Version] When Do Federal Authorities Have Jurisdiction Over Criminal Cases?
The United States has two parallel court systems — state and federal. State courts handle most criminal and civil cases, enforcing laws enacted by state legislatures. Federal courts, however, deal with cases that involve federal laws, the U.S. Constitution and issues that transcend state boundaries or involve national interests. Federal jurisdiction over criminal cases arises […]
What Justifies a Modification of Spousal Maintenance in New York?
Spousal maintenance, as alimony is known in New York, is designed to help one spouse maintain their standard of living following a divorce. Typically, it is paid in a fixed, recurring amount over a predetermined period. However, changing financial circumstances for either ex-spouse can necessitate a modification of the maintenance payment. To qualify for a […]
How Grandparents Can Seek Visitation Rights Over Parents’ Objections
In New York State, the right of grandparents to seek visitation with their grandchildren is a matter of legal recognition and judicial discretion. The law acknowledges the unique and valuable role that grandparents often play in the lives of their grandchildren. Grandparents may petition the court for visitation rights, but several factors and conditions influence […]
How Is Child Support Determined When the Parents Have Joint Custody?
In New York, courts determining child support aim to balance equitably the financial responsibilities of parenting. A complexity arises when parents share physical custody of their child with an approximately equal distribution of parenting time. Under such circumstances, there can be a twist to the traditional model of designating a custodial and a non-custodial parent […]
What to Expect in the Probate of a Will in New York
The role of a personal representative, also known as an executor, is a pivotal one in the administration of a deceased person’s estate in New York. This responsibility encompasses a series of steps designed to ensure that the decedent’s wishes, as expressed in their will, are honored, and that the estate is settled in accordance […]
How New York’s Revised Law Will Change Rape Prosecutions
New York’s adoption of the “Rape Is Rape Act” marks a significant shift in the prosecution of sexual offenses in New York State. This law, set to take effect on September 1, 2024, broadens the definition of rape to include any form of vaginal, oral or anal sexual contact, whereas the current law limits rape […]
Deciding Between a Revocable or Irrevocable Trust
In estate planning, a trust is a legal entity that you create to hold assets for and distribute them to designated beneficiaries. One of the chief advantages of a trust is that the assets it controls are exempt from probate, the court process for administering a decedent’s estate. This allows your beneficiaries to gain access […]
N.Y. Mental Health Courts Offer Treatment Alternatives to Prison
Mental Health Courts are specialized programs designed to address the unique needs of individuals with mental illnesses who are charged with criminal offenses. These courts aim to divert these individuals away from traditional criminal court processes and into supervised plans that focus on mental health treatment and support. New York has implemented mental health courts […]
How Domestic Violence Can Affect Property Division in a Divorce
Gone are the days in New York when one spouse needed to show the other’s wrongdoing in order to obtain a divorce. Nowadays, divorces are typically granted on no-fault grounds, namely an irretrievable breakdown in the marriage. However, that doesn’t mean fault is wholly irrelevant. One spouse’s mistreatment of the other can affect the way […]
