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Differences Between Federal and State Prosecutions in New York
A criminal defendant has substantial rights under both state and federal law. The U.S. Constitution establishes certain minimum protections of civil liberties. However, the states are free to enact legislation that provides even greater protection of individual rights. Certain sections of New York’s penal code include protections that exceed the requirements of the federal system. […]
November 15, 2023 Posted in Criminal Defense Tagged discovery, evidence production, federal prosecution, state prosecution Comments Off on Differences Between Federal and State Prosecutions in New York
Common Estate Planning Mistakes and How to Avoid Them
The purpose of estate planning is to make decisions now that will protect your property later in your lifetime and ensure that it will pass to your intended beneficiaries efficiently after you’re gone. It’s an unpleasant task that is too easily put off, and many people don’t give it the attention it deserves. Worse still, […]
October 15, 2023 Posted in Estate Planning Tagged beneficiaries, personal representative, poor communication Comments Off on Common Estate Planning Mistakes and How to Avoid Them
How Prosecutors Try to Prove “Intent to Sell” in Drug Possession Cases
The State of New York regularly prosecutes drug crimes. The state penal code distinguishes possessing drugs for personal use from selling drugs for profit. The penalties for selling illegal drugs are much more severe. To convict someone of “possession with intent to sell” the state must prove that the accused planned to sell or distribute […]
September 15, 2023 Posted in Criminal Defense Tagged drug crimes, intent to sell, possession Comments Off on How Prosecutors Try to Prove “Intent to Sell” in Drug Possession Cases
When Can Grandparents Be Awarded Child Visitation?
Many grandparents treasure the relationships they maintain with their grandchildren. Sometimes, however, this precious connection can be disrupted. After a divorce, the custodial parent might not want or care to see their ex-spouse’s family, and the non-custodial parent might have a limited visitation schedule with their children, during which they will want to concentrate on […]
August 15, 2023 Posted in Family Law Tagged best interests of the grandchild, grandparent visitation, visitation rights Comments Off on When Can Grandparents Be Awarded Child Visitation?
What Creates a Contested Divorce, and How Do You Avoid It?
In an uncontested divorce, the spouses settle all financial and parenting issues between themselves and jointly ask the court to dissolve the marriage on no-fault grounds. But when the spouses have significant differences over property division, child custody, visitation rights, child support or spousal support, the court must decide these issues, which makes the divorce […]
July 15, 2023 Posted in Family Law Tagged contested divorce, divorce settlement Comments Off on What Creates a Contested Divorce, and How Do You Avoid It?
What Should You Do – and Not Do – if You’re Pulled Over for DWI
Being stopped by police on possible suspicion of drunk driving can be a harrowing experience. If this happens to you, your actions can make a big difference in how the police investigation proceeds and what charges might eventually be filed. If you see the flashing lights of a police car behind you signaling you to […]
June 15, 2023 Posted in Criminal Defense Tagged breathalyzer test, DWI, field sobriety test Comments Off on What Should You Do – and Not Do – if You’re Pulled Over for DWI
New York Small Estate Administration: How it Works
Probate, a court process for settling decedents’ estates, can be expensive and time consuming. If an estate is small, the cost of a traditional probate might consume most of the assets, leaving little for the heirs. That is why New York law permits some smaller estates to go through a faster, less expensive process called […]
May 15, 2023 Posted in Estate Planning, Uncategorized Tagged affidavit, small estate voluntary administration, Surrogate's Court Comments Off on New York Small Estate Administration: How it Works
Are Children’s Preferences Considered in Custody and Visitation Cases?
In a divorce or separation, it can be difficult to formulate child custody and visitation arrangements that work for everyone in the family. Each parent has their own opinions about what the schedule should be. When the parents can’t agree, a judge must weigh numerous factors to decide on the right arrangement. Since every family […]
April 15, 2023 Posted in Family Law, Uncategorized Tagged Attorney for the Child, child custody, child visitation Comments Off on Are Children’s Preferences Considered in Custody and Visitation Cases?
How Can You Get Your Criminal Records Sealed in New York?
A criminal conviction can follow you long after you’ve completed your sentence. The conviction appears on your criminal record, which can hinder your ability to get a job, pursue education or find a place to live. Fortunately, in recent years, New York has expanded the availability of record sealing, allowing more people to keep their […]
March 15, 2023 Posted in Criminal Defense, Uncategorized Tagged convictions, felony, record sealing Comments Off on How Can You Get Your Criminal Records Sealed in New York?
Strategies for Contesting Domestic Violence Charges
Domestic violence refers to emotional, physical, psychological or economic abuse between family members, those sharing a home or people in intimate relationships. There is no specific crime called domestic violence under New York law. Rather, these types of conduct are prosecuted as other crimes — such as assault, menacing, stalking or strangulation — and are […]
February 15, 2023 Posted in Criminal Defense Tagged domestic violence Comments Off on Strategies for Contesting Domestic Violence Charges
