Generated by All in One SEO Pro v4.8.9, this is an llms.txt file, used by LLMs to index the site.

# Personal Injury Criminal Defense Lawyers Attorneys | Albany NY

## Sitemaps

- [XML Sitemap](https://groupiehead7.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [How Long Will My Injury Case Take?](https://groupiehead7.com/how-long-will-my-injury-case-take/) - How Long Will My Personal Injury Case Take? Our Personal Injury Lawyers Explain the Many Factors. How long a personal injury case takes from the time of the accident until the time of the settlement or verdict depends on many factors including: The type of case The injuries and extent of treatment The type of
- [What is New York’s New Bail Reform Law?](https://groupiehead7.com/what-is-new-yorks-new-bail-reform-law/) - Albany Criminal Defense Attorneys Explain Recent New York State’s Bail Reform Law Chances are you have already heard and read stories about what this law does. Here’s some hard facts and information that may help you better understand what’s going on. What is bail reform? Generally speaking, before bail reform, cash bail or bond could
- [Can I / Should I Change My Criminal Defense Attorney While My Case Is Pending?](https://groupiehead7.com/can-i-should-i-change-my-criminal-defense-attorney-while-my-case-is-pending/) - Changing Criminal Defense Lawyers in New York: What You Need to Know A call to new lawyer about taking over a case from another lawyer often goes like this: Caller: I am currently being represented by another lawyer. I’m not happy with how my lawyer is handling the case. I don’t feel like my lawyer
- [When Drivers Don’t Pay Attention – Bicyclists Are In Great Danger](https://groupiehead7.com/when-drivers-dont-pay-attention-bicyclists-are-in-great-danger/) - In New York the vehicle and traffic law grants bicyclists all of the rights of the road applicable to motorists. NYS Vehicle and Traffic law section 1231. The law requires that bicyclists ride with traffic. NYS Vehicle and Traffic law section 1234(a). However, even if a bicyclist rides against traffic, the motorist must still avoid impact with
- [Arrested and Charged with Stealing from Employer](https://groupiehead7.com/arrested-and-charged-with-stealing-from-employer/) - Recently an individual from Clifton Park, New York was arrested and accused by the Saratoga County Sheriff’s Office of altering her paychecks from her place of employment. The defendant faces numerous charges including larceny and forgery charges. If the allegations are proven beyond a reasonable doubt, the defendant faces probation, and/or jail or prison as well
- [Traveling this Summer? Know the Legal Requirements for Transporting Firearms](https://groupiehead7.com/traveling-this-summer-know-the-legal-requirements-for-transporting-firearms/) - Millions of people will be traveling at some point this summer, whether by air, rail or automobile. As you are busy packing you’re probably thinking about your clothes, shoes and sunscreen. If you are one of the estimated 10% of New Yorkers who own a gun,[1] you may also be planning to travel with your
- [What happens if I am caught placing bets on horse racing and I am underage?](https://groupiehead7.com/placingbetsunderage/) - The legal age to bet on horse racing is 18 years old. If you are under 18 and place a bet, and the track finds out about it, you are likely to be permanently removed from the track as the Gaming Commission will penalize the track operator responsible for allowing it to happen. N.Y. Comp.
- [Dump Truck Accidents: Why They Cause Devastating Injuries](https://groupiehead7.com/dump-truck-accidents-why-they-cause-devastating-injuries/) - When a dump truck causes a crash, the injuries are often devastating. When a fully loaded dump truck, weighing in excess of 20,000 pounds, was traveling eastbound on NY State Route 43, and rear ended a stopped vehicle, it propelled the vehicle into Gary’s lane. Gary was driving with his dog when he was suddenly
- [How The Path to A Felony Charge for Shoplifting Is Easier For Prosecutors:  Our Larceny Defense Attorneys Explain The $1,000 Rule in NY](https://groupiehead7.com/defense-attorneys-explain-the-1000-rule-in-ny/) - New York’s larceny law now makes repeated shoplifting incidents or thefts from multiple stores a felony if the total stolen amount exceeds $1,000. This law makes it possible to charge individuals with grand larceny in the fourth degree, a Class E felony, if they steal goods or merchandise as part of a common plan or
- [Fifteen Year Old Arrested For Weapons Possession](https://groupiehead7.com/teen-arrested-weapon-possession/) - Albany County Sheriff’s office arrested a 15-year-old after he was allegedly found with a loaded 9mm Smith and Wesson handgun. He was charged with one count of second-degree criminal possession of a weapon and was arraigned in Albany County Family Court. While possessing a handgun is legal if you are a licensed firearm holder in
- [A Second Chance Through the PATH Program](https://groupiehead7.com/a-second-chance-through-the-path-program/) - LaMarche Safranko Law recently resolved a federal criminal case through the Northern District of New York’s PATH Program, resulting in an extraordinary outcome. Our client avoided both a criminal record and incarceration. This program, designed as an alternative to traditional prosecution and sentencing, offers select defendants an opportunity to rehabilitate and move forward, either without
- [A Husband Is Killed And His Wife Is Injured After Being Hit By A Car](https://groupiehead7.com/a-husband-is-killed-and-his-wife-is-injured-after-being-hit-by-a-car/) - In March of 2022, when Judy and Hank were out for a walk on Hop City Road in Ballston Spa, New York, a driver lost control of her car, swerved from the opposite lane and came from behind the couple, striking them both, killing the husband and seriously injuring his wife. Upon investigation of the incident,
- [Boating Laws in New York](https://groupiehead7.com/boating-laws-in-new-york/) - As summer weather has finally set in throughout upstate New York, boating season has begun, and here are the important boating laws that you need to know about. Boating Safety Certificate Every individual regardless of age must have a New York State approved boater safety certificate. Known as Brianna’s Law, Navigation Law section 49 has
- [Who Is The Best Personal Injury Lawyer Near Me?](https://groupiehead7.com/who-is-the-best-personal-injury-lawyer-near-me/) - Who Is The Best Personal Injury Attorney Nearby? Do you live in the New York Capital District? Are you looking for the top-rated personal injury lawyer in the Albany area to represent you? There are many choices and the answer may not be clear. However, there are certain qualities and characteristics that the best personal
- [Legal Consequences of Motor Vehicle Accident with a Pedestrian or Person in a Wheelchair](https://groupiehead7.com/legal-consequences-of-motor-vehicle-accident-with-a-pedestrian-or-person-in-a-wheelchair/) - The Duty of Care for Motor Vehicle Operators: Ensuring Roadway Safety for Pedestrians and People in Wheelchairs Motor vehicle operators have a fundamental duty of care to operate their vehicles safely and responsibly. This duty extends not only to other motorists but also to vulnerable road users, including pedestrians, and individuals using wheelchairs. New York
- [What are a Person's Legal Rights when Injured at a Construction Site? Labor Law §§ 200(1) and 241(6)](https://groupiehead7.com/what-are-a-persons-legal-rights-when-they-are-injured-at-a-construction-site-labor-law-§§-2001-and-2416/) - While working on a construction site, Mr. G’s foot was run over by a piece of heavy equipment causing him to fracture a bone in his foot into multiple fragments (comminuted fracture of the first metatarsal). This foot injury required multiple surgeries to repair, caused Mr. G to miss over 1 year of work, and
- [How a Personal Injury Lawyer Helps After a Fall](https://groupiehead7.com/how-a-personal-injury-lawyer-helps-after-a-fall/) - In New York State, a property owner must use reasonable care to keep their property in a reasonably safe condition. If a property owner creates a dangerous condition on the property or knows about a dangerous condition or should know about a dangerous condition because it can be learned through reasonable inspection, and the property
- [Navigating New York's 2025 Traffic Law Reforms: Insights from NY Criminal Defense Attorneys at LaMarche Safranko Law](https://groupiehead7.com/navigating-new-yorks-2025-traffic-law-reforms-insights-from-ny-criminal-defense-attorneys-at-lamarche-safranko-law/) - New York has updated its traffic laws in 2025, introducing stricter penalties to ensure safety on the roads. What are the new New York Traffic Laws in 2025? Stricter DWI Penalties “Forfeit After Four” Rule: If a driver has four or more alcohol- or drug-related driving convictions or incidents in their lifetime, including convictions for
- [How a Personal Injury Lawyer Helps After a Pedestrian Car Accident](https://groupiehead7.com/how-a-personal-injury-lawyer-helps-after-a-pedestrian-car-accident/) - On the morning of June 6, 2020, Karla was walking westbound at the intersection of Windsor Drive and Sand Creek Road in the town of Colonie, NY. She was in the crosswalk when she was struck by a car. The driver, who was working for a company, said the sun was in his eyes and
- [New Year’s Resolution – Don’t Drink and Drive](https://groupiehead7.com/new-years-resolution-dont-drink-and-drive-2/) - As New Year’s Eve approaches, festivities are ramping up, but so are the risks associated with impaired driving. This New Year, make it a priority to stay safe and find a sober way home. Avoiding a Driving While Intoxicated (DWI) charge keeps you and others safe, setting you up for a positive start to the
- [Drinking and Driving in the Capital District on Thanksgiving Eve](https://groupiehead7.com/drinking-and-driving-in-the-capital-district-on-thanksgiving-eve/) - Thanksgiving Eve, often called "Blackout Wednesday," remains one of the most dangerous nights of the year for drivers. Known as the #1 drinking night, this evening sees a surge in social gatherings, often involving alcohol, leading to a higher risk of impaired driving incidents. With winter weather frequently in the forecast, Thanksgiving Eve is particularly
- [New York’s License Plate Cover Ban](https://groupiehead7.com/new-yorks-license-plate-cover-ban/) - Here is a simple guide to help you understand the regulations on license plate covers and how they impact you as a driver. What is the license plate cover ban in New York? New York’s Vehicle and Traffic Law is clear about the visibility requirements for license plates. Under VTL § 402(b), known as “Display
- [How Does New York’s Automated Speeding Ticket System Work?](https://groupiehead7.com/how-does-new-yorks-automated-speeding-ticket-system-work/) - Navigating New York’s traffic laws can be tricky, especially when it comes to new Vehicle & Traffic Law (VTL) § 1180 sections on automated speeding ticket systems. Whether you are a driver trying to avoid penalties or just looking to stay informed, it is important to understand how these new automated ticketing systems work, and
- [Can My Child Be Suspended For Using Their Cell Phone If The School Prohibits It?](https://groupiehead7.com/can-my-child-be-suspended-for-using-their-cell-phone-if-the-school-prohibits-it/) - Cell Phones In Schools: As the school year begins, parents have received notices that various school districts are banning or limiting smart phones in their children’s schools. Governor Hochul has also discussed pushing toward a statewide policy on cellphones in school starting in January, with a series of roundtable discussions being held by the governor’s
- [Is there a time limit to file a lawsuit in personal injury cases in New York?](https://groupiehead7.com/is-there-a-time-limit-to-file-a-lawsuit-in-personal-injury-cases-in-new-york/) - Is there a time limit to file a lawsuit in an injury case in New York State? Yes, there is a time limit to filing a personal injury case in New York. It is commonly known as the statute of limitations. What is the time limit for filing a lawsuit in personal injury cases? In
- [Can I bring a lawsuit for injuries caused by an ATV accident?](https://groupiehead7.com/can-i-bring-a-lawsuit-for-injuries-caused-by-an-atv-accident/) - Can I bring a lawsuit for injuries caused by an ATV accident? Yes, if you have been injured in an All-Terrain Vehicle (ATV) accident, you can bring a lawsuit for the injuries you have suffered due to the ATV operator’s negligence. What are the legal requirements to operate an ATV in New York? Just like
- [If I was injured in a rideshare accident; can I file a lawsuit for my injuries?](https://groupiehead7.com/if-i-was-injured-in-a-rideshare-accident-can-i-file-a-lawsuit-for-my-injuries/) - I was seriously hurt while in a rideshare such as Uber or Lyft; can I file a lawsuit for my injuries? Yes, if you were injured as a passenger in a rideshare vehicle such as Uber or Lyft, you may have the right to seek compensation. New York is a no-fault insurance state which means
- [Does my teen need a criminal defense attorney if they are ticketed for driving after 9:00 p.m.?](https://groupiehead7.com/does-my-teen-need-a-defense-attorney-if-they-are-ticketed/) - Can my teen drive after 9:00 p.m. on a junior license coming from a school event in upstate New York? If your teen has a junior license, s/he cannot drive unsupervised after 9:00 p.m. If your teen is driving on a junior license after 9:00 p.m. whether it’s an awards ceremony for your teen, a
- [Graduation Dilemma](https://groupiehead7.com/graduation-dilemma/) - If I host a graduation party for my teen, what am I liable for? As parents, and speaking from experience, one of our proudest moments is seeing our children reach their goals and celebrate those achievements with family and friends. As we approach the end of another school year, many parents are getting ready to
- [Can I Bring a Lawsuit for Injuries Caused by a Dirt Bike Accident?](https://groupiehead7.com/can-i-bring-a-lawsuit-for-injuries-caused-by-a-dirt-bike-accident/) - If you have been injured in a dirt bike accident, you can bring a lawsuit for the injuries you have suffered due to another’s negligence. Are there legal requirements for riding a dirt bike on the road? Just like any other motor vehicle or motorcycle, operating a dirt bike on a public road in New
- [If I am Injured in a Work Zone by a Distracted Driver, Can I Bring a Lawsuit?](https://groupiehead7.com/if-i-am-injured-in-a-work-zone-by-a-distracted-driver-can-i-bring-a-lawsuit/) - If I am Injured in a Work Zone by a Distracted Driver, Can I Bring a Lawsuit for My Pain and Suffering? Work Zone areas are popping up everywhere! The National Highway Traffic Safety Administration (NHTSA) and the Fatality Analysis Reporting System (FARS) are determining that in 2023, while the overall number of work zone
- [Were You Arrested for Disorderly Conduct?](https://groupiehead7.com/were-you-arrested-for-disorderly-conduct-criminal-defense/) - Disorderly Conduct describes behavior that is considered to be disruptive, unruly, or offensive in a public setting. It can include a broad range of actions including public intoxication, fighting, disturbing the peace, loitering, making excessive noise, and use of offensive language or gestures. How Serious is a Disorderly Conduct Charge? In New York, Disorderly Conduct
- [Can You Legally Purchase Ammunition Online in New York State?](https://groupiehead7.com/legally-purchase-ammunition-online-ny/) - Living in the digital age provides us unparalleled convenience in obtaining goods and services online, but navigating the purchase of firearms and ammunition requires careful consideration of each state’s specific regulations. New York State, recognized for its strict gun control laws, imposes many restrictions on the sale and acquisition of ammunition, particularly online. NYS has
- [Understanding Your Legal Rights After a Bus Accident](https://groupiehead7.com/bus-accident/) - When a bus accident occurs, it can be a terrifying experience, leaving passengers, drivers, and their families unsure of what to do next. Recent crashes on New York highways highlight the dangers of these incidents, such as the January 5, 2023, tour bus rollover on I-87 Northway near Lake George and the school bus crash
- [Discovery Failure by the Government Should Result in Case Dismissal](https://groupiehead7.com/discovery-failure-by-the-government-should-result-in-case-dismissal/) - New York's Highest Court Delivers Major Win to the Accused In what is considered a major win for those accused of crimes in New York, the New York Court of Appeals, New York’s highest court, ruled on December 14, 2023, that a discovery failure by the government should result in dismissal of a case in
- [What happens if I bring a firearm from another state into NY state?](https://groupiehead7.com/what-happens-if-i-bring-a-firearm-from-another-state-into-ny-state/) - If you were to cross into New York State with a firearm, you could potentially face legal consequences if you do not comply with New York's firearm laws. New York has some of the most restrictive firearm laws in the United States, particularly in regard to handguns. If you bring a firearm into New York
- [I was hurt at a business but am friendly with the owner. Should I bring a lawsuit?](https://groupiehead7.com/i-was-hurt-at-a-business-should-i-bring-a-lawsuit/) - Our personal injury lawyers explain the common misconceptions surrounding suing a business if injured. When you sue a business owner for compensation after getting injured on their premises, you are typically suing the business itself, rather than the owner personally. This means that any compensation you receive would come from the liability insurance, rather than
- [What should I do if my child was arrested for bringing a weapon to school?](https://groupiehead7.com/my-child-was-arrested-for-bringing-a-weapon-to-school/) - If your child brings a weapon to school, it is a very serious matter. Not only can your child face expulsion from school, but they could also face criminal charges. In such a situation, it is important to hire a criminal defense attorney to represent your child and protect their legal rights in both the
- [What is negligence in a personal injury case?](https://groupiehead7.com/what-negligence-is-in-a-personal-injury-case/) - https://youtu.be/8WjhK0H2dsY George explains what negligence is in a personal injury case. George: [00:00:13] "Negligence" is a legal term, but it can be broken down into four different elements, and those elements are duty, breach, causation, and damages. So let's take each one of them individually. Duty. In a negligence case, someone, typically the defendant, owes
- [Ask A Lawyer with CEO Darrin Jahnel Of Jahnel Group](https://groupiehead7.com/ask-a-lawyer/) - In this first installment of #askalawyer Andrew Safranko and Darrin Jahnel discuss HIPPA laws and cyber security. https://youtu.be/s1_LgI-wbCA
- [Elements Of Personal Injury Cases To Consider](https://groupiehead7.com/personal-injury-claim/) - It may not be immediately obvious whether an accident victim has reason to file a personal injury claim, or not. Even if your accident case does have merit, there could be faults in the claim that may be used against you by the opposing party to limit your financial compensation. Most claims for personal injury
- [Can the Police Search My Vehicle if I Get Pulled Over for a Traffic Stop?](https://groupiehead7.com/can-the-police-search-my-vehicle-if-i-get-pulled-over-for-a-traffic-stop/) - Can the Police Search My Vehicle if I Get Pulled Over for a Traffic Stop? In most instances, if you are stopped for a minor traffic offense, such as running a red light, speeding or passing a stop sign, the police cannot search your vehicle. A search under these circumstances would be a violation of
- [How Do I know If I Have A Successful Personal Injury Case?](https://groupiehead7.com/how-do-i-know-if-i-have-a-successful-personal-injury-case/) - Should I Contact a Lawyer Regarding My Personal Injury Case? Have you been injured in a car accident, hurt on a construction site, fallen from a height while working, or been injured on someone’s property? If you have, you may have the ability to file a personal injury lawsuit to recover money in a civil
- [ New York State Rifle & Pistol Association, Inc. v. Bruen Explained by our NY State Criminal Defense Attorneys](https://groupiehead7.com/criminal_defense_lawyers_attorneys_concealed_carry/) - 6-3 ruling Striking Down New York’s “proper cause” requirement for concealed carry: What does the decision mean? Prior to this decision, New York required “proper cause,” to grant a concealed carry handgun license, which required a showing of more than a general desire for self-protection to obtain a permit for carry outside the home other
- [Five Things To Know About The New Parole Rules  Under “Less Is More”](https://groupiehead7.com/criminal_defense_lawyers_attorneys_parole_violations/) - Passed in 2021 year, and taking effect in March 2022, are sweeping changes to New York’s parole/community supervision laws. Collectively called “Less is More”, this legislation amends multiple sections of the Executive and Penal laws, aimed at ending supervision sooner, and removing harsh punishments for a variety of technical violations. While these changes are far-reaching,
- [What Is A Public Defender And How Are They Different Than A Private Attorney?](https://groupiehead7.com/criminal_defense_lawyers_attorneys_public_defender/) - Bad news, you’ve just been arrested. As the friendly police officer officer gently guides you into the backseat of his police cruiser, he begins reading you those famous words that you’ve heard so often on your favorite crime TV shows. “You have the right to remain silent. Anything you say can and will be used
- [Will I Go To Jail At My Next Court Date?](https://groupiehead7.com/criminal_defense_lawyers_attorney_jail/) - Appearing in court can cause a lot of stress and anxiety. Perhaps the worst feeling is not knowing whether you could end up in jail. While obviously a scary potential, incarceration usually only occurs at specific times that you will know about in advance of the court date. It is important to keep in touch
- [What Happens At My (Next) Court Date?](https://groupiehead7.com/criminal_defense_lawyers_attorneys_court_date/) - One of the most common questions asked by new clients is: what is going to happen at my next court appearance? The answer to that question largely depends on the particular facts and circumstances unique to your case. However, below are some common scenarios that may help give you a better understanding of what will
- [What Will Happen to my Professional License if I am Disciplined in New York?](https://groupiehead7.com/professional_discipline_license_lawyers_attorneys/) - The New York State Department of Education (NYSED) licenses and oversees over 50 different professions.* The Office of Professional Discipline (OPD) is the part of NYSED which investigates and prosecutes reports of professional misconduct. It is important to know that regardless of any initial appearance of merit, the office investigates all complaints. Notification of any
- [New York Governor Kathy Hochul Signs Legislation Allowing Criminal Defendant’s to Reapply for Youthful Offender Sealing Years After Their Original Conviction](https://groupiehead7.com/reapply-for-youthful-offender-sealing-years-after-their-conviction/) - For many previously unsuccessful Youthful Offender applicants, their prospects for a fresh start improved on November 2, 2021. On that date, New York Governor Kathy Hochul signed legislation designed to allow an offender who had previously been denied YO status the opportunity to reapply to have their record sealed, provided that the defendant meets certain
- [Elton Garvey Killed While Riding Bicycle Near Veterans Park In Schenectady, New York](https://groupiehead7.com/elton-garvey-killed-while-riding-bicycle-schenectady-new-york/) - Elton Garvey Was 59 Years Old When Killed While Riding His Bicycle Schenectady County, New York (November 16, 2021) – A man identified as Elton Garvey passed away following a hit and run accident near the area of State and Lafayette Streets in Schenectady. The crash occurred at 2:30 pm on Saturday November 13. The
- [5 Things To Consider When Your Kid Is Arrested](https://groupiehead7.com/5-things-to-consider-when-your-kid-is-arrested/) - The only thing more terrifying than being arrested yourself is learning that your child has been arrested. You will be worried, anxious, and scared about what this will mean for their promising future. It is crucial that you speak with a lawyer as quickly as possible so their rights will be fully protected. Here are
- [Are The Results Of My Alcohol Breath Test Accurate?](https://groupiehead7.com/criminal_defense_lawyers_dwi-breath_test/) - Five Potential Problems With Your DWI/DUI Breath Test Result If you’ve been charged with driving while intoxicated, New York’s phrasing for driving under the influence, it’s very likely you provided the police with a breath test sample that allegedly measured how much you had to drink. Despite how scientific the government wants you and a
- [Five Things To Know When The Police Want To Talk To You](https://groupiehead7.com/what-to-know-when-police-want-to-talk-to-you/) - There is a common phrase used by our criminal defense firm when meeting with people – None of our clients have ever been convicted by not talking to the police. There are few things in the law that are absolutes, but this is one of the closest to it. That is, it is never a
- [Consequences of a criminal conviction on a professional license](https://groupiehead7.com/consequences-criminal-conviction-professional-license/) - Will I be granted a professional license in New York if I have a prior criminal conviction? Deciding to attend medical, nursing school, or a school for any similarly licensed profession such as massage therapy, social work, pharmacy, clinical laboratory sciences, or chiropractic medicine, is a costly and time intensive investment to make. You want
- [What are 5 steps nurses in New York can take to protect their professional license?](https://groupiehead7.com/5-steps-nurses-can-take-to-protect-their-professional-license/) - Nursing is a profession that comes with many challenges. There are often numerous patients with competing needs, not enough staff to assist, and increasing amounts of paperwork that needs to be completed, all within a short time frame. Nurses work hard for many years to obtain a nursing license and unfortunately, circumstances and events that
- [How Does My Lawyer Negotiate For Me?](https://groupiehead7.com/how-does-my-lawyer-negotiate-for-me/) - If you are represented by an attorney, it is very likely the lawyer is performing some sort of negotiation on your behalf. That negotiation may be a plea deal in a criminal case, a money settlement in a civil matter, or specific terms and conditions in a professional discipline setting, contract, or employment agreement. In
- [What does a lawyer do for me?](https://groupiehead7.com/what-does-a-lawyer-do-for-me/) - If you are considering hiring a lawyer, knowing what to expect from your lawyer is important. Your lawyer should be a strong advocate who will do everything she or he can to represent you in the most honest and ethical way. Your lawyer should represent you without conflicts. Your lawyer should provide you with an
- [The Importance of Supplemental Uninsurance/Underinsurance and Why Every Driver Should Have This Coverage](https://groupiehead7.com/importance-of-supplemental-uninsurance-underinsurance/) - Our personal injury lawyers provide answers to help you understand how you can protect yourself from underinsured negligent drivers. Motor vehicles in New York are obligated to carry no less than $25,000 of liability insurance coverage. However, even the minimum insurance coverage is often insufficient to compensate a person who suffers serious injuries in a
- [What Does Double Jeopardy Mean For Those Who Get A Presidential Pardon?](https://groupiehead7.com/criminal_defense_lawyers_double_jeopardy/) - Our Criminal Defense Lawyers Explain Double Jeopardy As President Trump left office, as is the case with many out-going presidents, he issued many pardons to various people convicted of federal crimes. One big name that received a pardon was Paul Manafort, who was convicted in 2018 of eight crimes, including false tax returns, fraud, and
- [Maximum Settlement Reached In Snowmobile Crash](https://groupiehead7.com/maximum-settlement-reached-in-snowmobile-crash-snowmobile-accident-attorneys/) - Our Personal Injury Attorneys Explain How A Maximum Settlement Was Reached in Snowmobile Accident The weather was clear, the sky was sunny, and there was fresh snow on the ground. It was a perfect day to snowmobile. Our client’s life changed when other sledders approached him. The trail was wide enough to accommodate all the
- [Is Marijuana Legal In New York?](https://groupiehead7.com/marijuana_criminal_defense_attorneys_lawyers/) - Our Criminal Defense Lawyers Explain If Marijuana Is Legal In New York. If you are reading this at or around the time this blog is being written, the answer is no, marijuana is not legal to possess in New York. As of January 2021, New York only allows for a prescription for medicinal marijuana. Recreational
- [Glens Falls Nurse Hit and Killed by Snowplow Truck](https://groupiehead7.com/snowplow-truck-accident/) - Snowplow accidents can result in permanent injury or tragedy While snowplows are a common sight in Upstate New York during the winter months, their large size, weight, attached equipment, and presence on roadways during poor driving conditions make for a uniquely dangerous situation which can result in serious permanent injury or tragedy. On January 26,
- [Personal Injury Lawyers Who Represent Children and Families After An Accident](https://groupiehead7.com/personal-injury-lawyers-represent-children-families-after-an-auto-accident/) - When a child is injured in an automobile accident, it can be one of the most devastating times in a parent’s life. In addition to the questions about your child’s injuries and medical care, there is also the question: Who is the best lawyer to represent my child who was injured in an accident? When
- [LaMarche Safranko Law Announces That All Criminal Charges Against Anthony Gucciardo Will Be Dismissed](https://groupiehead7.com/criminal-charges-dismissed/) - LaMarche Safranko Law Announces That All Criminal Charges Against Anthony Gucciardo, The Capital Region’s Leading Real Estate Broker, Will Be Dismissed Watervliet, NY – Today, all criminal charges filed in the Watervliet City Court against Anthony Gucciardo by his ex-fiancé and his ex-fiancé’s mother, including stalking, harassment, aggravated harassment and falsely reporting an incident have
- [What Happens When I Call a Law Office When I Have Been Hurt or Injured?](https://groupiehead7.com/what-happens-when-i-call-a-personal-injury-lawyer-when-i-have-been-hurt-or-injured/) - What Happens When I Call a Lawyer After I Have Been Hurt or Injured? Find Out From Our Personal Injury Lawyers How To Be Prepared. Are you planning to call a personal injury lawyer after you have been hurt or injured? The idea of calling a law firm or needing to talk to a personal
- [What Is Changing with New York’s Criminal Justice Reform Laws?](https://groupiehead7.com/what-is-changing-with-new-yorks-criminal-justice-reform-laws/) - Criminal Defense Lawyers Explain the Changes in New York’s Criminal Justice Reform Laws… In January 2020, New York passed substantial criminal justice reforms, including major changes to bail and discovery. Since then, New York has passed amendments, modifying the reforms in some substantial ways. These new updates went into effect on July 1, 2020. If
- [Has Bail Been Set? Albany Criminal Defense Lawyers Explain What Happens Next.](https://groupiehead7.com/has-bail-been-set-albany-criminal-defense-lawyers-explain-what-happens-next/) - If bail has been set, how do I get my loved one released from jail or police custody? Since the new bail reform took place as of January 1, 2020, there are now 4 ways to post bail. They are: Unsecured Bond; Partially Secured Bond; Cash Bail; and Bail Bond. The Judge who sets bail
- [How Does My Personal Injury Lawyer Get Paid?](https://groupiehead7.com/how-does-my-personal-injury-lawyer-get-paid/) - New York Personal Injury Lawyers Explain How Legal Fees for Personal Injury Cases Work. Contingency fees… costs and expenses… retainer agreement… What does it all mean? These are some common terms you may hear when hiring a personal injury attorney. Personal injury attorneys generally work on a contingency basis which means the lawyer is only paid
- [How Much Does A Criminal Lawyer Cost?](https://groupiehead7.com/how-much-does-a-criminal-lawyer-cost/) - New York Criminal Defense Lawyers Explain How Much A Criminal Attorney Costs. How much it will cost you to retain a criminal attorney to defend your criminal case will depend on several factors including: The Type of Offense. The nature and seriousness of the criminal charge is one of the factors that impacts the cost
- [Who Is The Best Criminal Defense Attorney In Albany?](https://groupiehead7.com/who-is-the-best-criminal-defense-attorney-in-albany/) - The best criminal defense lawyers, whether it’s in Albany, Clifton Park, Saratoga, Plattsburgh or anywhere else near you, have certain qualities that a client should always look for. Experience. The best criminal defense lawyer has criminal law experience, not just experience. It’s important to choose a lawyer who has specific experience working in the criminal justice
- [Toy Safety for a Happy, Healthy Holiday](https://groupiehead7.com/toy-safety-for-a-happy-healthy-holiday/) - The Nerf Ultra One gun shoots soft darts up to 120 feet—with enough force to potentially cause eye injuries. Nickelodeon’s Frozen Treats Slime warns that the goo is made of harmful chemicals—while offering varieties scented with such flavors as mint chocolate chip and berry smoothie, which critics warn could entice small children to try and
- [Injuries and Death From Large Vehicle Crashes: Who Compensates?](https://groupiehead7.com/injuries-and-death-from-large-vehicle-crashes-who-compensates/) - The scene looked like a winter driver’s worst nightmare: As the season’s first major snowstorm blanketed the Capital Region on the evening of December 2, a bus and truck collided on I-90 eastbound in Canaan, New York, about 20 miles southeast of Albany. Both lanes on the Berkshire Spur were closed as emergency responders hurried to the
- [Child Victims Act Takes Effect](https://groupiehead7.com/child-victims-act-takes-effect/) - First Sexual Abuse Victims File Suit in New York State In a New York Times opinion piece published on August 14, Jennifer Araoz describes how, at age 14, she was recruited and groomed to be a sex toy for wealthy financier Jeffrey Epstein. In the fall of 2001, she writes, she was approached outside her Manhattan performing arts high school
- [Two Teenage Boys Killed by Car in Sullivan County](https://groupiehead7.com/two-teenage-boys-killed-by-car-in-sullivan-county/) - A car-pedestrian crash took the lives of two Hudson Valley teenagers on the afternoon of Sunday, June 2, when a vehicle driven by a retired town justice struck them as they walked along Glen Wild Road in the Sullivan County town of Rock Hill. The boys, 16-year-old Devin Zeininger and 14-year-old Justin Finkel, were first reported to
- [Tragedy at the Parade](https://groupiehead7.com/tragedy-at-the-parade/) - An evening dedicated to the memory of those who sacrificed for our country was marred by tragedy on May 22, as a Glenville woman was struck and killed by a minivan while marching in the annual Scotia Memorial Day parade. Charlene Pomichter, 69, was with a group staging on a side street while preparing to enter the
- [New York Courts Get Serious About PTSD](https://groupiehead7.com/new-york-courts-get-serious-about-ptsd/) - Albany Personal Injury Attorney Explains Recent New York State Court PTSD Decision Following an automobile crash in July 2015, Joanne Vergine claimed that she suffered injuries to her cervical spine, which in turn triggered several categories of “serious injury” under New York state Insurance Law § 5102 (d). Mrs. Vergine and her husband commenced an action, Vergine v. Phillips, that was
- [Hit-and-Run Crash Injures Bicyclist—Who Pays?](https://groupiehead7.com/hit-and-run-crash-injures-bicyclist-who-pays/) - As of this posting, Queensbury Police and the Warren County Sheriff’s Office were still searching for clues on the vehicle that struck bicyclist Aron J. Steves shortly before 6 pm on December 18. Steves, 52, of Whitehall, was hit while biking on Corinth Road near Pinello Road. He suffered serious internal injuries requiring surgery, and although
- [Bystander Death in Police Pursuit](https://groupiehead7.com/bystander-death-in-police-pursuit/) - Albany Pedestrian Injury Lawyer Explains Cobleskill Bystander Death in Police Pursuit A pedestrian death during a police chase in Cobleskill underscores the inherently risky tradeoff between bystander safety and police exemption from speeding laws during criminal pursuit and other emergencies. At around 10 PM on Friday, November 9, 2018, two Cobleskill Police officers in separate vehicles began pursuit
- [Deadly Adenovirus Outbreak in New Jersey](https://groupiehead7.com/deadly-adenovirus-outbreak-in-new-jersey/) - Albany Personal Injury Attorney Explains Wrongful Death Law in Adenovirus Outbreak A ninth child has died as a result of an outbreak of adenovirus at the Wanaque Center for Nursing and Rehabilitation in Haskell, New Jersey. According to health officials, the outbreak started on September 26, when a child in the ventilator unit was diagnosed with a
- [Beekmantown Helicopter Crash Tragedy](https://groupiehead7.com/beekmantown-helicopter-crash-tragedy/) - Clifton Park Personal Injury Lawyer Explains How Wrongful Death Claims May Bring Compensation to Victims’ Families Investigators are looking into what caused a helicopter to crash into power lines and burst into flames in northern New York on October 31, 2018 killing two utility workers and injuring two others. The crash occurred in Beekmantown, NY about 20 miles south
- [After the Tragedy, Assessing the Liability](https://groupiehead7.com/after-the-tragedy-assessing-the-liability/) - The LaMarche Safranko Law family wishes to extend its deepest sympathies to all those affected by the devastating limousine crash of October 6, 2018. Here we offer some information on the legal issues that inevitably arise from a tragedy of this magnitude, as investigators try to determine what went wrong, and victims’ loved ones struggle
- [Apple Vs. Law Enforcement On iPhone Privacy](https://groupiehead7.com/apple-vs-law-enforcement-on-iphone-privacy/) - As law-enforcement agencies find ever-more-sophisticated ways to hack into iPhones, Apple finds equally sophisticated ways to block them and protect its customers’ privacy. And it doesn’t appear this smartphone tug of war is likely to end soon. The issue came under public scrutiny after a 2015 mass shooting in San Bernardino, Calif., which killed 14
- [Get Out Of Jail Free?](https://groupiehead7.com/get-out-of-jail-free/) - In January, New York State bail laws came under scrutiny when Governor Andrew Cuomo joined a growing chorus of voices calling for the end of bail as we know it. As part of a larger package of criminal-justice reforms, Cuomo proposed eliminating the cash bail requirement for those in the state facing misdemeanors and nonviolent
- [Interrogation Law: The Cameras Are On](https://groupiehead7.com/interrogation-law-the-cameras-are-on/) - A new state law requiring law enforcement agencies to video record custodial interrogations with individuals accused of serious crimes, including homicides and violent felony sex offenses, went into effect on April 1, 2018. Introduced in 2017 as part of Governor Andrew Cuomo’s criminal justice reform package, and passed by the state legislature last year, the
- [New Gun Laws in New York State](https://groupiehead7.com/new-gun-laws-in-new-york-state/) - On March 31, a bill that would require domestic abusers in New York state to turn in all their guns sailed through the Senate and Assembly and was promptly signed into law by Governor Andrew Cuomo. The bill expands on previous legislation requiring abusers to turn over only their handguns, and also broadens the scope
- [Move Over: It’s The Law](https://groupiehead7.com/move-over-its-the-law/) - A local driver’s awareness of New York State’s “move over” law might not have helped state troopers Brent Karow and Shane Swartz all that much. Christopher Neumann was apparently under the influence of alcohol when he plowed into the troopers, as they assisted two tow-truck operators pulling a car out of the median of I-90
- [Safranko Speaks Out On Controversial Troy Police Shooting](https://groupiehead7.com/safranko-speaks-out-on-controversial-troy-police-shooting/) - On January 30, retired Troy Police Chief John Tedesco published an opinion piece in the Troy Record defending the Troy Police Department in general, and Sgt. Randall French in particular, regarding the April 2016 incident in which French fatally shot motorist Edson Thevenin after a traffic stop. Tedesco’s piece countered recent criticism of the department’s handling of the
- [New Law Extends Statute of Limitations on Cancer Malpractice](https://groupiehead7.com/new-law-extends-statute-of-limitations-on-cancer-malpractice/) - On March 7, 2013, Lavern Wilkinson succumbed to lung cancer at Long Island College Hospital. Wilkinson was only 41, and left behind an autistic daughter, but what made her death more than just an unfortunate family tragedy was that her cancer could have been halted with proper diagnosis when, in 2010, she came to the
- [Slipping and Falling on Ice or Snow: Can I Sue for Damages?](https://groupiehead7.com/slipping-and-falling-on-ice-or-snow-can-i-sue-for-damages/) - Winter in Albany and Upstate NY means there’s always a chance of snow and ice around the corner, and snow and ice mean there’s always a chance someone will slip and fall. And unfortunately, slip-and-fall accidents are all too common, as evidenced by the large number of slip-and-fall personal-injury claims filed each year. Although the
- [Why Does a Personal Injury Case Take So Long to Resolve?](https://groupiehead7.com/why-does-a-personal-injury-case-take-so-long-to-resolve/) - Handling a serious personal injury case can sometimes take years. It’s important for clients of personal injury attorneys to understand why some cases take such a long time to resolve. No two personal injury cases are alike; some are settled relatively quickly, but others drag on for years, frustrating plaintiffs who have suffered injuries (sometimes
- [Alex V. Bongermino Found Not Guilty of Attempted Murder and Assault](https://groupiehead7.com/alex-v-bongermino-found-not-guilty-of-attempted-murder-and-assault/) - LaMarche Safranko Law PLLC announced today that Alex V. Bongermino, (20), was found not guilty of all charges against him which included Attempted Murder and Assault. Bongermino was defended by Attorney Nicholas Evanovich. The jury trial was held before Hon. James M. Murphy and prosecuted by the Saratoga County District Attorney’s office. The trial lasted
- [Second DWI in New York State](https://groupiehead7.com/second-dwi-in-new-york-state/) - One DWI (driving while intoxicated) or DWAI (driving while ability impaired) conviction in New York state is tough enough: for DWI, a mandatory fine of $500 to $1,000, a six-month revocation of your license, and potentially up to a year in jail; for DWAI, a fine of $300 to $500, a six-month license suspension, and
- [Injured at the Amusement Park? What are Your Rights?](https://groupiehead7.com/injured-at-the-amusement-park-what-are-your-rights/) - It was every amusement-park visitor’s nightmare: In June, at Six Flags Great Escape in Queensbury, a 14-year-old Delaware girl somehow slipped out of her seat on a gondola ride, dangling 25 feet above the ground as onlookers rushed over. Fortunately, disaster was averted as a local man and his daughter positioned themselves under the girl,
- [New York Expands Records Sealing Law](https://groupiehead7.com/new-york-expands-records-sealing-law/) - Thanks to a new provision included in the New York State budget that was passed on April 12, and signed into law by Governor Andrew Cuomo, tens of thousands of New Yorkers will be eligible for relief from the lifelong stigma of a criminal record, allowing them to have a broad range of eligible convictions—misdemeanor
- [Fireworks Law in NYS: What’s Legal and What’s Not](https://groupiehead7.com/fireworks-law-in-nys-whats-legal-and-whats-not/) - The Fourth of July is this week and you know what that means–fireworks! Although it is customary to celebrate the independence of our nation with a pyrotechnic display, we at LaMarche Safranko Law want to remind everyone of the fireworks law in New York state governing sale and use. Over the past few weeks, you
- [Personal Injury Claims: Your Top 5 Questions Answered](https://groupiehead7.com/personal-injury-claims-your-top-5-questions-answered/) - When you or someone you love has suffered a personal injury, the experience can be traumatic. Whether the incident involved a car accident, slip and fall, or dog bite, there are many details to deal with including medical issues, insurance paperwork, lost time at work, and more. While each case is unique, below are key
- [Construction Site Accident: Know Your Rights](https://groupiehead7.com/construction-site-accident-know-your-rights/) - Construction sites are among the most dangerous workplace environments. One in five people killed on the job in 2015 were construction workers[1] and thousands more are injured each year. In recent years, notable accidents affecting our own community led to the deaths of a 37-year old man in Niskayuna, a 47-year old man in Rensselaer and
- [Motorcycle Accidents: Prevention and Response](https://groupiehead7.com/motorcycle-accidents-prevention-and-response/) - If you are one of the more than 240,000 motorcyclists in New York, you are no doubt taking advantage of the longer days and (hopefully soon) warmer weather to get out for a ride. Maybe you’ll be heading to the Adirondacks this weekend for the 35th annual Americade in Lake George, or the 16th annual Warrensburg Bike Rally. Regardless
- [DMV warns of email traffic ticket scam](https://groupiehead7.com/dmv-warns-of-email-traffic-ticket-scam/) - The NYS Department of Motor Vehicles issued a notice today warning consumers against an email “phishing” campaign that sends a notice to email users stating they must pay a ticket within 48 hours or their license will be revoked. While the notice is made to appear as if it comes from DMV, it is a hoax. The fake
- [Should I Refuse to Take Tests if I am Stopped for DWI?](https://groupiehead7.com/should-i-refuse-to-take-tests-if-i-am-stopped-for-dwi/) - Let’s say you had a glass of wine or a beer at dinner, are driving home from the restaurant and are pulled over by a police officer. The officer suspects you’ve consumed alcohol and asks you to exit the car, walk a straight line, stand on one leg, or blow into a hand-held breathalyzer. Should
- [First Offense DWI in New York? What You Need to Know](https://groupiehead7.com/first-offense-dwi-in-new-york-what-you-need-to-know/) - If you are charged with an alcohol-related offense—whether in a car, motorcycle, ATV, or other motor vehicle—the impact can be serious and far reaching. Consequences include fines, license restrictions, and possible jail time. It is important to understand the charges against you and know your rights. Photo by: KOMUnews Your first step should be to contact an experienced
- [Boating and Alcohol/Drugs Don’t Mix](https://groupiehead7.com/boating-and-alcohol-drugs-dont-mix/) - The issues surrounding boating under the influence of alcohol or drugs have been highlighted recently with a local case that has garnered much attention. And as we head toward the summer season, with many people taking their boats out on the rivers and lakes in our area, the topic of boating safety becomes very important.
- [How Many Margaritas are Too Many? Celebrate Cinco de Mayo Responsibly](https://groupiehead7.com/how-many-margaritas-are-too-many-celebrate-cinco-de-mayo-responsibly/) - May 5 is Cinco de Mayo, more formally known as the Anniversary of the Battle of Puebla, which celebrates a Mexican victory in 1862 over the French. Of course, nobody is thinking about Napoleon and military strategy on this day: Cinco de Mayo has become synonymous with partying and enjoying Mexican food and drinks. But
- [This Is Nacho Average Breathalyzer](https://groupiehead7.com/this-is-nacho-average-breathalyzer/) - Tostitos has created a bag of chips that does much more than provide snacks for your next Super Bowl party. For this Super Bowl weekend, consumers can buy special Tostitos bags that doubles as a breathalyzer. The bags were designed in partnership with Mothers Against Drunk Driving (MADD) and Uber to bring awareness to drinking
- [Can Amazon Echo be used as Evidence in Murder Trial?](https://groupiehead7.com/can-amazon-echo-be-used-as-evidence-in-murder-trial/) - Remember when Apple was caught in a storm of litigation for refusing to comply with the FBI’s and Court’s demand to unlock an iPhone? Well now Amazon is caught in the same storm after they refused to cooperate with law enforcement. In Benton County, Arkansas, prosecutor Nathan Smith has demanded that Amazon turn over information
- [Move Over Law Expanded to Cover Garbage and Recycling Trucks](https://groupiehead7.com/move-over-law-expanded-to-cover-garbage-and-recycling-trucks/) - Risk of Serious Injuries Warrants a Law to Protect Certain Workers Although many have been concerned over the dangers faced by police officers or emergency workers on the side of the road, garbage and recycling collectors have long been overlooked. Although we may not view their job as dangerous, every year it is ranked within
- [LaMarche Safranko Law Client Acquitted of Attempted Murder at Trial](https://groupiehead7.com/lamarche-safranko-law-client-acquitted-of-attempted-murder-at-trial/) - LaMarche Safranko Law PLLC recently had an important verdict in Albany County Court. On Friday July 22, 2016 a jury found our client not guilty of Attempted Murder and Assault charges. The prosecution claimed that our client shot a person 5 times who was attempting to steal an ATV on property next to our client’s home
- [Abandoned Leonard Hospital in Troy Claims another Victim, as Teenager Falls.](https://groupiehead7.com/abandoned-leonard-hospital-in-troy-claims-another-victim-as-teenager-falls/) - Troy police reported that a 17-year-old female has suffered serious head injuries, after falling at the abandoned Leonard Hospital building.[1] The girl, who fell 20 feet from a ledge, is now in a coma at Albany Medical Center.[2] It is reported that she was exploring the abandoned building with a group of friends at the time of
- [Fireworks are legal in New York? Not so fast.](https://groupiehead7.com/fireworks-are-legal-in-new-york-not-so-fast/) - This Fourth of July, many people are looking forward to spending time with their family and friends, barbequing, and most of all, lighting off some fireworks. This is especially true because of Gov. Cuomo’s lift on New York’s ban of fireworks. But before you start celebrating our Nation’s Independence Day this 4th of July you
- [Proposed Law Seeks to Protect Working Class from New York’s Outdated Gravity Knife Law](https://groupiehead7.com/proposed-law-seeks-to-protect-working-class-from-new-yorks-outdated-gravity-knife-law/) - Pocket knives, box cutters, and other kinds of small blades can be found at almost all hardware stores across New York, and yet, if an individual is caught carrying one, they can be arrested and convicted for criminal possession of a weapon. Since the 1950’s, New York has outlawed “gravity knives,” which is defined as
- [Testing driver’s cell phone when involved in automobile accident](https://groupiehead7.com/testing-drivers-cell-phone-when-involved-in-automobile-accident/) - Recently, new legislation was proposed that would make it legal for a police officer to test a person’s cell phone if they were driving a vehicle involved in an automobile accident. Under this new law a police officer will be allowed use an electronic scanner to siphon certain information from a person’s phone. The officer
- [Pedestrian-Motor Vehicle Accidents](https://groupiehead7.com/pedestrian-motor-vehicle-accidents/) - Recently, the Governor’s Highway Safety Association (GHSA) released a report for pedestrian-motor vehicle accident statistics for the year 2015. Unfortunately, the GHSA estimates a 10% increase in the number of pedestrians killed in motor vehicle crashes in 2015 (compared to 2014 numbers). Specific to New York, in the first 6 months of 2015, 129 pedestrians
- [Clear Off Your Windshield](https://groupiehead7.com/clear-off-your-windshield/) - Recently, an 80-year old man in Canada was pulled over for driving his car like this. He explained to officers that he was simply too weak to clear the 8 inches of snow off his vehicle before driving. Fortunately for this man nobody was hurt and he left with just a traffic ticket. The officer
- [Animal Abuse Response Vehicle](https://groupiehead7.com/animal-abuse-response-vehicle/) - A few days ago, the Albany County District Attorney’s office in conjunction with Mohawk Hudson Humane Society announced a new animal abuse response vehicle that will be used to assist the Animal Cruelty Taskforce (ACT) during responses and investigations into hoarding and animal abuse cases. This van will allow task force members to treat animals
- [Rejecting the Plea Deal](https://groupiehead7.com/rejecting-the-plea-deal/) - Earlier today, one of the two men charged with the murder of local hairdresser Jacquelyn Porreca rejected a plea deal that was made by the District Attorney’s office. In a criminal prosecution, it is common for the District Attorney’s office to offer to reduce the defendant’s potential punishment by offering a plea to a lesser
- [Farmer’s Charges Dismissed](https://groupiehead7.com/farmers-charges-dismissed/) - Last March, our client Joshua Rockwood – a farmer who pasture-raises all of his animals – was charged with 13 different misdemeanor crimes. On Tuesday, 12 of those charges were dismissed, and the remaining charge will be dismissed in 6 months. We are proud of the work we have done on this matter, and proud
- [Canadian Man Gets Cell Phone Ticket for Texting in Drive-Thru Window](https://groupiehead7.com/canadian-man-gets-cell-phone-ticket-for-texting-in-drive-thru-window/) - A man in a Tim Horton’s drive-thru got a little more than TimBits™ and coffee when he was idling in his car waiting to pay for his food. A police officer issued a distracted driving ticket (equivalent of cell phone ticket) to the man for answering a text while in the drive-thru lane. This $287
- [Wrongful Death Case From A Motorcycle and Truck Crash Results In A Large Verdict](https://groupiehead7.com/wrongful-death-case-from-a-motorcycle-and-truck-crash-results-in-a-large-verdict/) - Last week, a Florida Jury awarded $15 million in the wrongful death of a motorcyclist who was killed when he collided with the negligent driver of a tractor trailer. The truck’s driver was fatigued, and had been driving in excess of his daily service limit of 11 hours. It was later found that the truck driver only
- [Fingerprint Security Not So Secure](https://groupiehead7.com/fingerprint-security-not-so-secure/) - A Virginia Circuit Court has just ruled that fingerprints are not protected by the Fifth Amendment. This decision has clear privacy implications for anyone with a newer iPhone or iPad using fingerprint security. This ruling comes after a case involving a man accused of crimes against his girlfriend. The prosecutors believed that the man may have stored videos
- [Bicycle Sharing in the Capital District](https://groupiehead7.com/bicycle-sharing-in-the-capital-district/) - Recently, the Capital District has been making moves to provide more opportunities for bicycle use within its cities. In July 2015, the Capital District Transportation Committee (CDTC) reached out to companies to obtain information regarding the implementation of a bike-sharing program within the cities of Albany, Schenectady, and Saratoga Springs. According to the Albany Times Union,
- [Entering Canada with Criminal and Non-Criminal Offenses](https://groupiehead7.com/entering-canada-with-criminal-and-non-criminal-offenses/) - If you were like us, we watched and cheered along with our fellow countrymen a few weeks ago as our U.S. Women’s National Team won the World Cup defeating Japan 5-2. Since the World Cup was hosted in Canada this year, many Americans went to Canada to watch the games. For many fans, however, they
- [The Apple Watch – A New Way to Get a 5 Point Traffic Ticket](https://groupiehead7.com/the-apple-watch-a-new-way-to-get-a-5-point-traffic-ticket/) - The much anticipated Apple Watch is a few weeks from making its debut in the United States. With the new device, people will be able to do a host of new things, including pay for a meal with a wave of the wrist, unlocking car doors without a key, tracking workouts and heartrate. Probably the
- [End Distracted Driving](https://groupiehead7.com/end-distracted-driving/) - According to the National Highway Traffic Safety Administration (NHTSA) every two minutes a person is injured in a drunk driving crash. This amounts to roughly 2000 people a day, or about 263,000 people a year. http://www-nrd.nhtsa.dot.gov/Pubs/812013.pdf. While an incredibly high statistic, the injuries from drunk driving pale in comparison to those injured from distracted driving incidents. According
- [Digital Kidnapping-What You Should Know](https://groupiehead7.com/digital-kidnapping-what-you-should-know/) - It is not uncommon these days for a proud parent to snap a photo of their child and upload it to a social media site to share with friends and family. However, recently, a new and bizarre trend has developed on the internet called “Digital Kidnapping” that may have you thinking twice about how you
- [Car Crash Deaths are Declining](https://groupiehead7.com/car-crash-deaths-are-declining/) - According to the Insurance Institute for Highway Safety, the chances of dying in a car crash in a late model vehicle have fallen over a third in the last three years. According to the Institute, this is owed in huge part to new designs, safety technology, and on-board computers in vehicles. While the trend for consumers in recent years
- [A dog bit me…who is responsible?](https://groupiehead7.com/a-dog-bit-mewho-is-responsible/) - Recently in College Springs Iowa, a 7 year old boy was viciously attacked by two dogs. Unfortunately, this story is not an isolated incident. It’s not surprising to hear that children may be the most at risk population to suffer serious dog bite injuries. http://m.timesunion.com/local/article/Schenectady-dog-bite-victim-recovering-5615447.php In recent months at LaMarche Safranko Law, we have become involved
- [Northeast Winter Driving Safety Tips](https://groupiehead7.com/northeast-winter-driving-safety-tips/) - Please be mindful that driving in the winter in the northeast can be especially hazardous because of precipitation and cold weather. To avoid unnecessary risks, drivers should be mindful of the following: – Gentle on the gas pedal. Always accelerate and decelerate slowly when driving on snow and icy roads. Pressing gently on the gas
- [2014 Criminal Law and Criminal Procedure Update](https://groupiehead7.com/2014-criminal-law-and-criminal-procedure-update/) - On Friday, October 24th, Andrew Safranko presented an ‘Update in Criminal Law and Criminal Procedure’ at the Lake Placid Mirror Lake Inn Resort and Spa on behalf of the Federation of Bar Associations Fourth Judicial District . This update focused on the relatively new legislation on sealing criminal records for drug offenses in New York, as well as
- [Boating Laws](https://groupiehead7.com/boating-laws/) - This Monday is Labor Day, one of the last long weekends of the summer. Many will be out enjoying the beautiful weather on a boat and we want to provide some important information about boating laws. Operating a boat while intoxicated is a crime in New York. Pursuant to New York State Navigation Law §49-A,
- [Bicycle Safety](https://groupiehead7.com/bicycle-safety/) - Yesterday, the City of Troy’s first ghost bicycle was dedicated to a man recently struck by a motorist and killed while riding his bicycle on River Street in June. Following the dedication, cyclists took part in a silent bike ride. It seems as though there has been a significant increase in cyclists being injured by passing vehicles.
- [Supreme Court of the United States Scores One For Privacy Rights](https://groupiehead7.com/supreme-court-of-the-united-states-scores-one-for-privacy-rights/) - “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant.” On June 25, 2014, the Supreme Court of the United States unanimously ruled that police officers may not search through the cell phone of a person upon making an arrest
- [Car Insurance Recap in New York](https://groupiehead7.com/car-insurance-recap-in-new-york/) - In the State of New York, in order to register a vehicle, you must have New York State issued automobile liability insurance. If there is a lapse in auto insurance, the DMV will suspend your vehicle registration and driver’s license and you will be required to pay significant fines. The State of New York requires
- [Memorial Day Seatbelt Violations](https://groupiehead7.com/memorial-day-seatbelt-violations/) - This holiday weekend, police officers around the state will be out in full force. Their mission? Seatbelt violations. May 19th through June 1st is National Seat Belt Enforcement Mobilization – an initiative run through the National Highway Traffic Safety Administration meant to enforce the Click It or Ticket campaign. It is estimated that one in five Americans fail to wear a
- [Supreme Court upholds traffic stop based on 911 tip, erodes the rights of drivers on the road](https://groupiehead7.com/supreme-court-upholds-traffic-stop-based-on-911-tip-erodes-the-rights-of-drivers-on-the-road/) - On April 22, 2014 the Supreme Court of the United States ruled in Navarette v. California that a traffic stop based on an anonymous 911 tip was permissible because it provided the police with reasonable suspicion that the driver of the vehicle was intoxicated. The decision stems from an incident in California where a motorist allegedly ran a
- [Points, what they mean for a person’s driving record and insurance…](https://groupiehead7.com/points-what-they-mean-for-a-persons-driving-record-and-insurance/) - In New York State the rules of the road are contained in the Vehicle and Traffic Law. If a person is convicted of breaking one of these rules, it can have serious consequences which include fines, possible jail time, points on a driving record and in some instances, a criminal conviction. Points, by definition, are
- [Statutes of Limitation](https://groupiehead7.com/statutes-of-limitation/) - In New York, all civil actions must be pursued within a set period of time. This is known as a statute of limitations. In most cases, if the injured party fails to bring a case within the time limit, then the action cannot be pursued. Even if the case was a winner, it can still
- [Potholes-Who’s responsible?](https://groupiehead7.com/potholes-whos-responsible/) - Recently, in East Lansing, Michigan, a pothole repair crew got stuck….in a pothole. Although this may be humorous and ironic, it brings up a reminder for our readers. Each spring many new potholes are exposed and sidewalks crumbled by the thawing ice, snow, and salt from winter’s wear and tear. What’s worse, street signs, road
- [Operation Safe Stop: To deter people passing school buses](https://groupiehead7.com/operation-safe-stop-to-deter-people-passing-school-buses/) - Today, law enforcement units across the State are participating in Operation Safe Stop, an annual program meant to crack down on motorists who illegally pass school buses when they are picking up or dropping off students. Police officers and other law enforcement will be on board school buses and in marked and unmarked patrol cars on bus
- [Two More Accidents on Route 7](https://groupiehead7.com/two-more-accidents-on-route-7/) - Thursday, March 6th, 2014 brought two more large crashes on Route 7. The first, an early morning 3-car accident in the Town of Hoosick involving a tractor trailer shut down the road for 8 hours. Later in the evening, another accident snarled traffic on Hoosick near RPI in Troy. These unfortunately are more examples of dangerous and
- [Resentencing For Individuals Sentenced Under The Rockefeller Drug Laws](https://groupiehead7.com/resentencing-for-individuals-sentenced-under-the-rockefeller-drug-laws/) - On January 29, 2014, the Second Department Appellate Division handed down the decision of People v. Brown. The opinion in this case affirmed the ruling of the Queens County Supreme Court, holding that a parolee is considered “in custody” within the meaning of the recently amended Criminal Procedure Law. This ruling is very significant, because it
- [Failing to Stop](https://groupiehead7.com/failing-to-stop/) - A three car accident appears to have been caused by a motorist who failed to stop at a red light according to reports. Failing to stop at a red light is a violation of vehicle and traffic law section 1111(d). Traffic control devices are in place to regulate traffic at intersections and promote traffic safety.
- [Snowmobiling](https://groupiehead7.com/snowmobiling/) - As we dig our heels into the dead of winter and the latest nor’easter buries most of New York, we want to remind our outdoor sport enthusiasts to be safe and be alert this snowmobile season. Snowmobile registrations are way up in New York, topping 116000, making New York the fourth most popular snowmobiling state
- [Cyberbullying](https://groupiehead7.com/cyberbullying/) - Recently, Andy Safranko was asked by the Guilderland High School School newspaper – The Journal – to answer a few questions related to cyberbullying. We thought it would be appropriate to supplement that Q & A with a brief background on cyberbullying and how it impacts everyone. What is cyberbullying? There are several similar definitions, but it
- [Please Shovel and Salt Your Sidewalk](https://groupiehead7.com/please-shovel-and-salt-your-sidewalk/) - Being a kid, there is no greater joy in the world than waking up on a school morning to a foot of fresh snow on the ground. To a parent, there is no greater aggravation, unless your occupation is as a plow driver or professional skier. For the majority of us, however, snow means shoveling,
- [Distracted Driving](https://groupiehead7.com/distracted-driving/) - The National Highway Traffic Safety Administration has estimated that of the 40,990 traffic fatalities nationwide in 2023, more than 3,500 were caused by distracted driving. We are conscious about the community we live in and strive to make it a better and safer place to live. With respect to our personal injury practice, we only file
- [Pedestrians Have a Right to Cross in a Crosswalk](https://groupiehead7.com/pedestrians-have-a-right-to-cross-in-a-crosswalk/) - Pedestrians have a right to cross in a crosswalk and vehicles are required to yield to pedestrians lawfully crossing the roadway within a crosswalk. On January 19, 2014, a driver on Hoosick Street in Troy, NY is alleged to have violated the vehicle and traffic law by failing to yield to children who were crossing
- [Toy Safety Tips This Holiday Season](https://groupiehead7.com/toy-safety-tips-this-holiday-season/) - In 2012, the Consumer Product Safety Commission estimated that there were 90,000 injuries to children less than 5 years old caused by toys. These injuries were not just the result of defective toys, but also toy balls, toy action figures, and toy vehicles like Power Wheels™. Unfortunately, there are just too many toys for the Consumer Product Safety
- [A Fatal Car Crash in Clifton Park](https://groupiehead7.com/a-fatal-car-crash-in-clifton-park/) - New York State Police were called to a two-car accident near Plant Road where it now appears that 83-year old Paul Bouchard left the parking lot of a Stewart’s Shop and turned onto Route 146 into the path of a car driven by 34-year old Brian Stevens of Valley Falls. Individuals who suffer injuries and/or
- [Be Extra Careful on Thanksgiving Eve](https://groupiehead7.com/be-extra-careful-on-thanksgiving-eve/) - As many adults know, the night before Thanksgiving is a big party night. People head out to their local bars and restaurants to meet up with family and friends. Did you know that the night before Thanksgiving is actually considered the #1 drinking night of the year? It’s true. Thanksgiving Eve tops New Years Eve,
- [DWI Detection and Standardized Field Sobriety Testing Certification](https://groupiehead7.com/dwi-detection-and-standardized-field-sobriety-testing-certification/) - In late September, George and Andy traveled to Washington, Missouri to complete a DWI Detection and Standardized Field Sobriety Testing Program, a 24-hour program administered over the course of three days by the National Highway Traffic and Safety Administration (NHTSA). This course was developed by the US Department of Transportation and approved by the International
- [Buckle Up Kids](https://groupiehead7.com/buckle-up-kids/) - New York has and continues to be very proactive in the enforcement of seatbelt laws. In fact, in 1984 New York was the first state to enact mandatory seatbelt laws. Since that time, New York has stayed ahead of the curve in the enforcement of safety regulations for seatbelts, and has actively provided notice to
- [What to do Following a Car Accident](https://groupiehead7.com/what-to-do-following-a-car-accident/) - You have probably seen a lot of commercials on TV or heard ads over the radio that start like this: “Hurt in a car accident? You need the legal services of ……,” Or something to that effect. It is always a good idea to seek the advice of an attorney following any accident where an
- [What do you do if you have been pulled over?](https://groupiehead7.com/what-do-you-do-if-you-have-been-pulled-over/) - Seeing flashing lights in your rear view mirror is nerve-wracking and stressful. Immediately most people get anxious and stressed and start recounting the last few minutes in their head: “Was I speeding?” “Is my registration expired?” “What did I do wrong?” If you are pulled over by a police officer, there are a few things you can
- [Motorcycle Safety Tips-Share the Road](https://groupiehead7.com/motorcycle-safety-tips-share-the-road/) - We are now in the thick of summer, which means more people will take to the roads by motorcycle. Although motorcycle riding can be very enjoyable, it comes with added dangers. Often times, according to the Albany County Sheriff, riding is dangerous because of the other cars on the road, and not because of the motorcycle. Here
- [Not All Beer Is Created Equal](https://groupiehead7.com/not-all-beer-is-created-equal/) - At some point you may have heard or read about the alcohol comparison of beer, wine, and liquor; probably something along the lines of “a bottle of beer is the same as a five ounce glass of wine is the same as a shot of liquor.” This is called Alcohol Equivalence, and it helps people
- [Supreme Court Limits the Right to Remain Silent](https://groupiehead7.com/supreme-court-limits-the-right-to-remain-silent/) - On June 17, 2013 the Supreme Court of the United States issued an opinion in a case named Salinas v. Texas. Although not heavily publicized, the decision in Salinas may have far reaching negative consequences on the constitutional rights of citizens. The decision in Salinas had to do with whether a person’s silence (refusing to
- [Increased Penalties for Texting While Driving](https://groupiehead7.com/increased-penalties-for-texting-while-driving/) - Many people have probably read in the news about the new increased penalty that went into effect in New York for drivers caught texting behind the wheel. Under the new law, which went into effect on June 1, 2013, any driver convicted of texting while driving will have 5 points added to their driving record.
- [New Recommendations for DWI Threshold](https://groupiehead7.com/new-recommendations-for-dwi-threshold/) - On May 14, 2013, the National Transportation Safety Board (NTSB) held a meeting to consider safety reports related to driving while intoxicated. The NTSB is an independent government agency that investigates transportation accidents. At the meeting, the Board voted to recommend that all 50 states reduce their blood-alcohol content threshold from 0.08 to 0.05 in order to
- [Be Safe! Be Seen!](https://groupiehead7.com/be-safe-be-seen/) - Spring is here and a lot of people now choose to walk or run around town instead of getting in their car on a nice day. Recently, a young mother and child were struck by a car while crossing a busy Hoosick Street in Troy. Over the past four years, there have been over 300 pedestrians injured crossing
- [Have you been hurt on the “site”?](https://groupiehead7.com/have-you-been-hurt-on-the-site/) - Construction site accidents are unfortunately far too common for many reasons, including the failure to provide workers with a safe work environment or proper safety equipment. Property owners, employers and general contractors must provide a safe place to work to those such as roofers, welders, plumbers, carpenters or laborers at the construction site. While the
- [New Penalties For Repeat DWI Offenders Take Effect September 25, 2012](https://groupiehead7.com/new-penalties-for-repeat-dwi-offenders-take-effect-september-25-2012/) - The NY State DMV has recently announced tougher regulations for people convicted of multiple alcohol or drug-related offenses. The regulations allow the DMV to conduct a lifetime review of a driver’s abstract and to deny the driver’s application for reinstatement of a license if the applicant has: Five or more alcohol or drug related driving
- [Do I need a lawyer if I am a suspect in a criminal case?](https://groupiehead7.com/do-i-need-a-lawyer-if-i-am-a-suspect-in-a-criminal-case/) - One of the most important rights that a suspect or a defendant has is his/her right to be represented by counsel. The 6th Amendment to the U.S. Constitution states that “In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense.” Thus, once the police have been told
- [What if I get convicted of a drinking and driving offense?](https://groupiehead7.com/what-if-i-get-convicted-of-a-drinking-and-driving-offense/) - Penalties associated with Drinking and Driving DWAI Driving While Ability Impaired is a violation. A person convicted of a Driving While Ability Impaired violation faces up to 15 days in jail, a 90 day license suspension, a fine between $300 and $500 as well as mandatory minimum court surcharge of $255. DWI DWI is a misdemeanor.
- [Have you been injured as a result of a Fall?](https://groupiehead7.com/have-you-been-injured-as-a-result-of-a-fall/) - We are often asked by people who, for example, fell and suffered an injury at supermarket, a convenience store, an apartment complex or a personal residence, if they are entitled to file a claim for their injuries. While there is no simple answer, there are certain things we consider when evaluating a potential slip and
- [LaMarche Safranko Law Secures $400k Settlement For Client Who Was Injured at Work](https://groupiehead7.com/lamarche-safranko-law-secures-400k-settlement-for-client-who-was-injured-at-work/) - When employees are injured on the job, they often wonder: “Can I file a lawsuit for my injuries? Is worker’s compensation my only option?” LaMarche Safranko Law was pleased to secure a $400,000 settlement recently for an injured client who fell from a scaffold at work and suffered a serious injury to his lower back. He was
- [LaMarche and Safranko Team Up](https://groupiehead7.com/lamarche-and-safranko-team-up/) - ALBANY, NEW YORK, February 1, 2012 – George E. LaMarche III, Esq., founder of LaMarche Law PLLC and Andrew R. Safranko, Esq. today announced the formation of their new firm: LaMarche Safranko Law PLLC, a law firm focused on addressing the needs of individual clients, small businesses and corporate entities throughout the Tech Valley –
- [Does That Dog Still Bite?](https://groupiehead7.com/does-that-dog-still-bite/) - In my last blog post, I talked about steps dog owners can take toward lessening the risk of dog bites through training, neutering and effective restraint methods. It’s also important for both dog owners and victims of dog bites to understand the legal standards for pursuing dog-bite complaints in New York state as it relates to establishing
- [Does Your Dog Bite?](https://groupiehead7.com/does-your-dog-bite/) - Only in the movies can a talented actor like Peter Sellers make a dog bite funny, such as in the following classic scene from The Pink Panther Strikes Again: But in real life, we all know that a dog bite is far from a laughing matter, particularly when your dog bites a loved one or a
- [Driven to Distraction and Death](https://groupiehead7.com/driven-to-distraction-and-death/) - A recent local story has underscored the danger, as well as the heartbreak, of driving while distracted. Not only is this a critical safety issue: it is increasingly becoming the cause of vehicular manslaughter. The U.S. Department of Transportation website, Distraction.gov, defines Distracted Driving this way: There are three main types of distraction: Visual — taking your eyes
- [Avoid a DWI Misdemeanor Conviction and Save Almost $200,000!](https://groupiehead7.com/avoid-a-dwi-misdemeanor-conviction-and-save-almost-200000/) - For most individuals, a DWI (Driving While Intoxicated) misdemeanor arrest and/or conviction is a devastating event. The whole process of being arrested, much less convicted, of a DWI misdemeanor is typically enough of a warning to prevent a person from getting behind the wheel of a car after drinking alcohol ever again. We can all
- [LaMarche Obtains $250G Settlement in Fatal Crash with Albany Police Car](https://groupiehead7.com/lamarche-obtains-250g-settlement-in-fatal-crash-with-albany-police-car/) - Money will go to estate of man killed in Albany collision in Aug. 2009 by JORDAN CARLEO-EVANGELIST Staff writer, Albany Times Union Updated and published by the Times Union, 09:18 p.m., Wednesday, June 22, 2011 ALBANY — The estate of man killed two summers ago when the car he was riding in was broadsided by a
- [DWI Story: Redemption and Cab Fare for a Teen Athlete](https://groupiehead7.com/dwi-story-redemption-and-cab-fare-for-a-teen-athlete/) - The parents of the teenagers caught drinking before a school dance at Saratoga Springs High School last month are lucky: no one was seriously hurt, drove drunk, or was arrested for DWI or DWAI. School officials intervened appropriately and have introduced alcohol-detection devices for the upcoming high school prom. This not only prevents those who attend the

## Pages

- [Landing Product Home](https://groupiehead7.com/) - LaMarche Safranko Law provides award-winning personal injury, criminal defense, and professional discipline representation across New York
- [White Collar / Qui Tam](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/white-collar-qui-tam/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Superintendent Suspension Hearings](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/superintendent-suspension-hearings-_lawyers_-attorneys/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Title IX](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/title-ix-attorneys-lawyers/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Professional Discipline](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/professional-discipline-attorneys_lawyers/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Blog](https://groupiehead7.com/blog/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×LaMarche Safranko Blog A Second Chance Through the PATH Program Gallery A Second Chance
- [Contact](https://groupiehead7.com/contact/) - Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Contact LaMarche Safranko Law We’re available to take your call
- [Types Of Fees](https://groupiehead7.com/lamarche-safranko-law-albany-types-of-fees/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Fees & Billing at LaMarche Safranko Law At LaMarche Safranko Law, we believe transparency,
- [In The News](https://groupiehead7.com/our-lawyers-in-the-news/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Our Attorneys Share Legal Knowledge That Matters Whether we’re providing legal insight on breaking
- [Our Team](https://groupiehead7.com/our-team/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Meet Our Nationally-Recognized Legal Team Of Legal Experts, Lawyers/Attorneys & Staff Please click on
- [Celina M. Bilinski](https://groupiehead7.com/our-team/celina-m-bilinski/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Celina M. Bilinski Celina Bilinski serves as Director of Marketing for LaMarche Safranko Law,
- [Ruth Schulman](https://groupiehead7.com/our-team/ruth-schulman/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Ruth Schulman Ruth Schulman brings 25+ years of non-profit and community leadership to LaMarche
- [Paige Trance](https://groupiehead7.com/our-team/paige-trance/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Paige Trance Paige Trance joined LaMarche Safranko Law as a paralegal in 2025, bringing
- [Aimee Sim](https://groupiehead7.com/our-team/aimee-sim/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Aimee Sim Aimee Sim is a paralegal at LaMarche Safranko Law after building a
- [Catherine Walser](https://groupiehead7.com/our-team/catherine-walser/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Catherine Walser Cat Walser is a paralegal at LaMarche Safranko Law, where her work
- [Molly B. Legault](https://groupiehead7.com/our-team/molly-b-legault/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Molly B. Legault Molly B. Legault, is a graduate of Schenectady County Community College
- [Matthew G. Favro](https://groupiehead7.com/our-team/matthew-g-favro/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Matthew G. Favro Matthew Favro is a graduate of Providence College, and Albany Law
- [Joshua R. Friedman](https://groupiehead7.com/our-team/joshua-r-friedman/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Joshua R. Friedman “In my practice, I strive to empower clients by sharing the
- [Gregory J. Teresi](https://groupiehead7.com/our-team/gregory-j-teresi/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Gregory J. Teresi “Zealous advocacy. These simple words are the cornerstone of the practice
- [Concetta Lomanto](https://groupiehead7.com/our-team/concetta-lomanto/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Concetta Lomanto “I am grateful for the opportunity to make a difference in someone’s
- [Jacob E. Scheingold](https://groupiehead7.com/our-team/jacob-e-scheingold/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Jacob E. Sheingold “I became an attorney with the goal of giving a voice
- [Jennifer E. McCanney](https://groupiehead7.com/our-team/jennifer-e-mccanney/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Jennifer E. McCanney “The experience I gained as a prosecutor where I was responsible
- [Lily G. Killar](https://groupiehead7.com/our-team/lily-g-killar/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Lily G. Killar “My priority is to zealously advocate for every one of my
- [Nicholas J. Evanovich III](https://groupiehead7.com/our-team/nicholas-j-evanovich-iii/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Nicholas J. Evanovich III “I’m not afraid of tackling challenges and I’ve been able
- [Andrew R. Safranko](https://groupiehead7.com/our-team/andrew-r-safranko/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Andrew R. Safranko “For me, the law is about helping people and that’s why
- [George E. LaMarche III](https://groupiehead7.com/our-team/lawyer-attorney-george-e-lamarche-iii/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×George E. LaMarche III “I advocate successfully for my clients because I take the
- [Wrongful Death Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/wrongful-death-lawyers/) - Experienced wrongful death lawyers understand that the untimely death of a loved one caused by the negligence or wrongdoing of another person is one of the most painful experiences a family can face.
- [Traumatic Brain Injury Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/traumatic-brain-injury-lawyers/) - Traumatic brain injury lawyers understand that a traumatic brain injury (TBI) can be one of the most devastating and life-changing injuries a person can experience.
- [Tractor-Trailer & Truck Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/tractor-trailer-truck-accident-lawyers/) - If you were injured in a tractor-trailer or truck accident, it’s important to speak with experienced truck accident lawyers as soon as possible.
- [Slip & Fall Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/slip-fall-lawyers/) - At LaMarche Safranko Law, our slip & fall lawyers bring decades of experience representing individuals seriously injured in slip, trip, and fall accidents.
- [School Injury & Negligence Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/school-injury-and-negligence-lawyers/) - School injury and negligence lawyers understand that school and daycare should be a safe place for children to learn, grow, and thrive. When a child is hurt because of unsafe conditions, negligent supervision, or inadequate safety measures, parents have the right to seek answers and fair compensation.
- [Pedestrian Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/pedestrian-accident-lawyers/) - At LaMarche Safranko, our experienced pedestrian accident lawyers are dedicated to helping the injured across Upstate NY recover the compensation they deserve
- [Nursing Home Neglect & Abuse Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/nursing-home-neglect-lawyers-abuse-attorneys/) - Our nursing home neglect lawyers are dedicated to protecting the rights of elderly & medically fragile individuals who have been harmed due to neglect or abuse
- [Motorcycle Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/motorcycle-accident-lawyers/) - Experienced motorcycle accident lawyers at LaMarche Safranko are here to help. Crashes can result in devastating injuries because riders have little protection
- [Federal Employers Liability Act (FELA) / Railroad Injury Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/fela_railroad_injury_lawyers/) - Railroad Injury Lawyers Albany NY | If you work for a railroad transportation company and were injured on the job, you may be entitled to compensation
- [Farm & Tractor Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/farm-tractor-accident-lawyers/) - Our experienced farm and tractor accident lawyers understand the dangers that come with agricultural work and the devastating impact these incidents can have.
- [Dog Bite Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/dog-bite-lawyers/) - If you or someone you love has been attacked or seriously injured by a dog, it’s important to speak with experienced dog bite lawyers as soon as possible.
- [Bus & Limousine Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/bus-limousine-accident-lawyers/) - Get Personal Injury Help | Click To Call Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Bus
- [Construction Site Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/construction-site-accident-lawyers/) - At LaMarche Safranko Law, our experienced construction site accident lawyers have spent many years representing injured workers after serious job site accidents
- [Boat Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/boat-accident-lawyers/) - Get Personal Injury Help | Click To Call Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Boat
- [Birth Injury Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/birth-injury-lawyers/) - Get Personal Injury Help | Click To Call Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Birth
- [Bicycle Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/bicycle-accident-lawyers/) - The bicycle accident lawyers at LaMarche Safranko Law have helped countless cyclists recover the compensation they deserve after being hurt because of someone else’s negligence
- [Auto / Car Accident Lawyers](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/auto_car_accident_lawyers_attorneys_albany/) - Our personal injury law firm has fought to help car accident victims from Albany to Plattsburgh recover the compensation they deserve. If you or a loved one has been injured in a automobile crash, our experienced car accident lawyers near you can make all the difference in protecting your rights and pursuing justice.
- [Weapon Possession](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/weapon-possession/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Transporting Undocumented Immigrants](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/transporting-undocumented-immigrants/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Traffic Related Offenses](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/traffic-related-offenses/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Sex Crimes](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/sex-crimes/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Tax Crimes](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/tax_crimes_lawyer/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Sealing Criminal Records](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/sealing_criminal_records/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Probation Violation](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/probation-violation-lawyer/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Parole Violation](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/parole-violation-lawyer/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Murder Manslaughter](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/murder-manslaughter/) - Facing a murder manslaughter charge? LaMarche Safranko Law brings decades of defense experience to protect your rights, freedom, and future.
- [Larceny](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/larceny/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Juvenile Offenses](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/juvenile-offenses/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Fraud](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/fraud/) - At LaMarche Safranko Law, our fraud lawyer defense team has decades of experience defending clients against state and federal fraud charges, providing strategic guidance and more.
- [DWI](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/dwi/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Criminal Contempt](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/criminal_contempt/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Computer & Cyber Crimes](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/computer-cyber-crime-lawyer/) - When you are under investigation or have been charged, you need an experienced computer cyber crime lawyer who understands both the law and the technology behind these cases
- [Burglary, Theft & Robbery](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/burglary-theft-robbery/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Boating While Intoxicated](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/boating-while-intoxicated/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Assault & Violent Crimes](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/assault-criminal-defense-attorneys-lawyers/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Drug Crimes](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/drug_crimes/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please
- [Lawyers For The Accused](https://groupiehead7.com/criminal-defense-lawyers-for-the-accused-albany/) - Get Criminal Defense Help | Click To Call Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× SubmitThank you for your message. It has been sent.×There was an error trying to send your message.
- [Lawyers For The Injured](https://groupiehead7.com/personal-injury-lawyers-for-the-injured-albany/) - Get Personal Injury Help | Click To Call Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.×Lawyers Near
- [Info: Three Degrees of Charges for the Criminal Sale of a Firearm](https://groupiehead7.com/info-three-degrees-of-charges-for-the-crminal-sale-of-a-firearm/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Understanding the Three Degrees of Charges for the Criminal Sale of a Firearm. Being charged with the criminal sale of a firearm in New York
- [Info: Four Degrees of Charges for Criminal Possession of a Weapon](https://groupiehead7.com/four-degrees-of-charges-for-criminal-possession-of-a-weapon/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Understanding Four Degrees of Charges for Criminal Possession of a Weapon. Being charged with Criminal Possession of a Weapon (CPW) in New York is a
- [Info: Was your teen caught with a fake ID or license?](https://groupiehead7.com/info-was-your-teen-caught-with-a-fake-id-or-license/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Understanding Consequences of Being Caught with a Fake ID or License. Was your teen caught with a fake ID or license? Possessing a fake ID
- [Info: Understanding Orders of Protection](https://groupiehead7.com/info-understanding-orders-of-protection/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Understanding Orders of Protection in New York Understanding What It Means When an Order of Protection Is Issued Against You If you have an order
- [Casey H. Jones](https://groupiehead7.com/our-team/casey-h-jones/) - SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Casey H. Jones Casey Jones is a graduate of Chatham High School, who after attending Hudson Valley Community College, transferred to Binghamton University where he obtained a degree in Business Administration. Casey also earned
- [Info: What to Expect in a Personal Injury Case](https://groupiehead7.com/info-what-to-expect-in-a-personal-injury-case/) - Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× What to Expect in a Personal Injury Case After a serious accident, your personal injury attorney will meet with you to learn about your case, discuss the circumstances of
- [Info: Understanding Criminal Defenses](https://groupiehead7.com/understanding-criminal-defenses/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Understanding Criminal Defenses Understanding Criminal Defenses in New York Understanding criminal defenses is helpful when you’re facing criminal charges, as your freedom, reputation, and future
- [Info: What does it mean to “mitigate” a criminal case?](https://groupiehead7.com/what-does-it-mean-to-mitigate-a-criminal-case/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× What does it mean to “mitigate” a criminal case? Mitigation in a criminal defense case is the process of presenting information that helps the court
- [Info: Understanding “Serious Injury” in New York Car Accident Cases](https://groupiehead7.com/understanding-serious-injury-in-new-york-car-accident-cases/) - Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Understanding “Serious Injury” in New York Car Accident Cases In New York, the term “serious injury” carries a very specific legal meaning in motor vehicle accident cases. Understanding this
- [Info: New York State Shock Incarceration Program](https://groupiehead7.com/info-new-york-state-shock-incarceration-program/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× New York State Shock Incarceration Program Understanding Correction Law Article 26-A At LaMarche Safranko our Upstate New York criminal defense attorneys understand that sentencing outcomes
- [Info: New York No-Fault Law](https://groupiehead7.com/new-york-no-fault-law/) - Injured by Another? Call 844-Recover SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× New York No-Fault Law If you are injured in a motor vehicle accident in New York, the No-Fault Law provides immediate coverage for certain expenses, regardless of who caused
- [FAQ: What happens if the other driver doesn’t have enough insurance after an auto accident?](https://groupiehead7.com/what-happens-if-the-other-driver-doesnt-have-enough-insurance-after-an-auto-accident/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× What happens if the other driver doesn’t have enough insurance after an auto accident? When you’re injured in a car accident, you expect the at-fault
- [FAQ: Should I Accept a Settlement After a Car Accident?](https://groupiehead7.com/should-i-accept-a-settlement-after-a-car-accident/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED SubmitThank you for your message. It has been sent.×There was an error trying to send your message. Please try again later.× Should I Accept a Settlement After a Car Accident? If the insurance company for the driver who hit you offers a quick settlement, it may

## FAQs

- [How long do I have to file a lawsuit for my brain injury case?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-file-a-lawsuit-for-my-brain-injury-case/) - The statute of limitations or time within which to file your claim depends on the nature of the underlying incident that caused your injuries. In New York, personal injuries caused by the negligence of another have a 3-year statute of limitations. If the defendant caused a death, the statute of limitations is 2 years from
- [Must I disclose a criminal conviction or prior misconduct when I apply for a professional license in New York?](https://groupiehead7.com/faq-items/must-i-disclose-a-criminal-conviction-or-prior-misconduct-when-i-apply-for-a-professional-license-in-new-york/) - When you apply for a license or to renew a license, you will be required to answer questions regarding criminal convictions, pending criminal charges, prior professional discipline, or currently pending professional discipline. It is important to be honest. If you are not sure whether something should be disclosed, you should speak with an attorney. For
- [Are there differences in Federal and State Court criminal proceedings?](https://groupiehead7.com/faq-items/are-there-differences-in-federal-and-state-court-criminal-proceedings/) - There are similarities and differences between the two. While the same standard of proof for a conviction applies, how a case is handled between State and Federal Courts differs drastically. In resolving a case in State Court, your white collar criminal defense lawyer can negotiate the exact outcome with the Prosecutor or District Attorney, conference
- [How does a brain injury lawyer prove my traumatic brain injury in court?](https://groupiehead7.com/faq-items/how-does-a-brain-injury-lawyer-prove-my-traumatic-brain-injury-in-court/) - Traumatic brain injury symptoms might not appear right away. Oftentimes those with a brain injury may look “normal” even though the victim is suffering from cognitive, physical, and emotional repercussions. CT scans or MRIs of the brain can help prove that an individual has suffered a brain injury. Assessments from experts including neurologists and neuropsychologists
- [How does a lawyer evaluate a brain injury case?](https://groupiehead7.com/faq-items/how-does-a-lawyer-evaluate-a-brain-injury-case/) - There are many events that can cause a traumatic brain injury such as a car accident, a motorcycle accident, a bicycle accident or a fall. The first step a brain injury lawyer takes is to analyze how the brain injury was sustained and who may be at fault. This analysis will guide the attorney as
- [What must be proven to have a successful wrongful death claim?](https://groupiehead7.com/faq-items/what-must-be-proven-to-have-a-successful-wrongful-death-claim/) - Wrongful death claims are based on the legal tort of negligence. Wrongful death negligence claims must prove four things to be successful: duty, breach, causation, and death. The law is clear that a defendant(s) (the person(s) responsible) must breach a duty of reasonable care before an injured person can recover money damages. Reasonable care means that degree of care that a reasonably
- [How does the court decide who receives the settlement or verdict proceeds?](https://groupiehead7.com/faq-items/how-does-the-court-decide-who-receives-the-settlement-or-verdict-proceeds-2/) - The New York Estates Powers and Trust Law governs who is entitled to receive the proceeds when there is no will. The Surrogate Court uses that law to determine who receives the proceeds and how much each family member receives based on criteria established by statute and case law. When a settlement or verdict is
- [Who is entitled to receive compensation when someone dies as a result of another person’s negligence?](https://groupiehead7.com/faq-items/who-is-entitled-to-receive-compensation-when-someone-dies-as-a-result-of-another-persons-negligence-2/) - Pursuant to the New York Estates Powers and Trust Law (EPTL), following the death of a loved one, if there is no will, the distributees (next of kin) of the deceased loved one are entitled to receive compensation. Generally, that includes a spouse and children, or, if there is no spouse and no children, the
- [Can I legally purchase a pistol in another state and bring it back to New York?](https://groupiehead7.com/faq-items/can-i-legally-purchase-a-pistol-in-another-state-and-bring-it-back-to-new-york/) - No, under federal law, a handgun cannot be sold directly to a non‑resident by an out‑of‑state dealer. If you attempt to buy a pistol in another state, the seller must transfer it through a Federal Firearms Licensee (FFL) in New York. @lawyergeorge Can I Legally Purchase A Pistol In Another State And Brig It Back
- [What happens during a Superintendent’s Suspension Hearing?](https://groupiehead7.com/faq-items/what-happens-during-a-superintendents-suspension-hearing/) - Generally, there are two phases to a superintendent’s suspension hearing: the fact-finding stage and the decision stage. n the fact-finding stage, the violation and the specifics of the punishment are established. During this stage, the school and the student, or their parent, advocate, or lawyer present their case. In the decision stage, the Hearing Officer
- [What is a Superintendent’s Suspension?](https://groupiehead7.com/faq-items/what-is-a-superintendents-suspension/) - Once the superintendent has rendered a suspension against the student, a written notice of the suspension must be sent to the student’s parent. Such notice should include: The charges against the student. A statement of rights for the student and the student’s parents, including the right to a legal representation. Schedule of the hearing to
- [What happens if I bring a firearm from another state into NY state?](https://groupiehead7.com/faq-items/what-happens-if-i-bring-a-firearm-from-another-state-into-ny-state/) - If you were to cross into New York State with a firearm, you could potentially face legal consequences if you do not comply with New York’s firearm laws. New York has some of the most restrictive firearm laws in the United States, particularly regarding handguns. If you bring a firearm into New York and do
- [What do I do if I receive a subpoena?](https://groupiehead7.com/faq-items/what-do-i-do-if-i-receive-a-subpoena/) - A subpoena is a request for documents to be provided at a date and time in the future. In other words, you do not have to immediately turn over the records requested in the subpoena. If you or your company receive a subpoena, you should immediately contact a lawyer. Your lawyer may be able to
- [What punishment do I face if I violate parole?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-violate-parole/) - For technical violations: Reincarceration is not permitted for the following: Violation of curfew Alcohol/substance use (unless the conviction is for driving under the influence) Failure to notify PO of a change in employment status Failure to pay surcharges and fees Obtaining a driver’s license or driving a car with a valid license unless explicitly prohibited
- [What is considered a weapon in New York State for its Criminal Possession of a Weapon statutes?](https://groupiehead7.com/faq-items/what-is-considered-a-weapon-in-new-york-state-for-its-criminal-possession-of-a-weapon-statutes/) - Weapon: A pistol or revolver A short shotgun (barrel under 18 inches) A short rifle (barrel under 16 inches) A rifle or shotgun cut down to be less than 26 inches long An assault weapon Old “antique” guns are usually excluded Silencer A device that muffles or quiets a gunshot. Antique Firearm An old gun
- [How long does a school negligence case take?](https://groupiehead7.com/faq-items/how-long-does-a-school-negligence-case-take/) - The length of time from the incident to the time of settlement or verdict depends on many facts. These factors include the injuries and extent of treatment, the number of defendants, the type of insurance coverage, the nature of the conduct that caused the injury, and whether a settlement can be reached or the case
- [What happens if you buy separate pieces of a gun and assemble them?](https://groupiehead7.com/faq-items/what-happens-if-you-buy-separate-pieces-of-a-gun-and-assemble-them/) - You can legally purchase different parts of a firearm, but if you put them together to create a gun, you could be charged with criminal possession of a weapon and up to 15 years in prison. Sorry, your browser doesn't support embedded videos.
- [What would the penalty if charged with criminal sale of a firearm?](https://groupiehead7.com/faq-items/what-would-the-penalty-if-charged-with-criminal-sale-of-a-firearm/) - If you are charged with criminal sale of a firearm, click here to learn about the three degrees that you could be charged with.
- [Can a person be sentenced to death for committing a murder in New York?](https://groupiehead7.com/faq-items/can-a-person-be-sentenced-to-death-for-committing-a-murder-in-new-york-2/) - No. In 2004 the highest court in New York State, the New York State Court of Appeals, found that the death penalty statute was unconstitutional, not the death penalty itself. However, thus far, the legislature has not passed a new death penalty law. The last major attempt to do so was in 2008. Be advised,
- [What is criminal negligence with respect to a death?](https://groupiehead7.com/faq-items/what-is-criminal-negligence-with-respect-to-a-death/) - Criminal negligence occurs when a person engages in conduct that is so serious that it creates or contributes to a substantial and unjustifiable risk that a death will occur. Criminal negligence also requires that a person fail to perceive a risk, and when that failure to perceive the risk is a gross deviation from how
- [What is a technical violation versus a non-technical violation of my parole?](https://groupiehead7.com/faq-items/what-is-a-technical-violation-versus-a-non-technical-violation-of-my-parole/) - Our blog post, Five Things To Know About The New Parole Rules Under “Less Is More”, explains the differences between a technical violation versus a non-technical violation of parole.
- [What does “30 for 30” mean regarding parole and under the “Less is More” Act?](https://groupiehead7.com/faq-items/what-does-30-for-30-mean-regarding-parole-and-under-the-less-is-more-act/) - “30 for 30” refers to the fact that for every 30 days you spend on parole without a violation, you will receive 30 days off. In practice, that means if you continue to do well, you will only serve half of your total parole sentence.
- [Will I go to jail if I am charged with a Parole violation?](https://groupiehead7.com/faq-items/will-i-go-to-jail-if-i-am-charged-with-a-parole-violation/) - Potentially, again largely determined by whether it is an alleged technical or non-technical violation. The legal changes as contained within the “Less is More” act have provided significant opportunities to remain at liberty while a parole violation is pending.
- [What will happen if I violate parole?](https://groupiehead7.com/faq-items/what-will-happen-if-i-violate-parole/) - Before reform laws, you would likely be incarcerated without bail and held pending your hearing on the alleged violation. Now, there are significant opportunities to continue with release, either under conditions or bail, largely determined by whether your alleged violation is a ‘technical’ violation or a ‘non-technical’ one. Regardless, an Administrative Law Judge will oversee
- [What is the difference between parole and post-release supervision?](https://groupiehead7.com/faq-items/what-is-the-difference-between-parole-and-post-release-supervision/) - Parole supervision is the same as post release supervision. Like parole, post release supervision occurs after release from a state prison sentence. The difference in name is that parole supervision follows an indeterminate state prison sentence while post release supervision follows a determinate state prison sentence.
- [Is parole different than probation?](https://groupiehead7.com/faq-items/is-parole-different-than-probation/) - Parole refers to supervision after release from a state prison sentence. Therefore, it is only ever part of a felony conviction and after a person is released from state incarceration. Probation is usually a similar type of supervision, and can also accompany a felony, but is not tied to a prison sentence or release from
- [If I am charged with violating probation, what punishment do I face?](https://groupiehead7.com/faq-items/if-i-am-charged-with-violating-probation-what-punishment-do-i-face/) - Violating any condition of probation, even a minor one, subjects you to the maximum punishment your conviction allows for. For example, if you are on probation for a class A misdemeanor, your maximum punishment is 364 days in jail. If you are on probation for 3 years and violate your probation after 2 ½ years,
- [What if I am charged with transporting firearms as I am passing through New York State?](https://groupiehead7.com/faq-items/what-if-i-am-charged-with-transporting-firearms-as-i-am-passing-through-new-york-state/) - If you were traveling through New York and found yourself facing criminal charges for transporting a firearm, you’re not alone and you’re not without options. New York has some of the strictest laws in the country, and even law-abiding gun owners from out of state can be arrested and charged simply for driving through the
- [What would be my penalty if I am charged with criminal use of a firearm?](https://groupiehead7.com/faq-items/what-would-be-my-penalty-if-i-am-charged-with-criminal-use-of-a-firearm/) - If you’ve been charged with criminal use of a firearm in New York, you’re facing one of the most serious weapon-related offenses under state law. If you have been charged with criminal use of a firearm, here are the two degrees that you could be charged with. Criminal use of a firearm in the second degree
- [What if I am charged with bringing a weapon onto school grounds?](https://groupiehead7.com/faq-items/what-if-i-am-charged-with-bringing-a-weapon-onto-school-grounds/) - If you, your child or a loved one brings a weapon to school they could be charged with criminal possession of a weapon on school grounds or unlawful possession of a weapon on school grounds. Click here to learn more.
- [What would be my penalty if I am charged with criminal possession of a weapon?](https://groupiehead7.com/faq-items/what-would-be-my-penalty-if-i-am-charged-with-criminal-possession-of-a-weapon/) - If you have been charged with criminal possession of a weapon, there are four different degrees you could be charged with. Click here to learn more.
- [I have been arrested and I exercised my rights, what should I do next?](https://groupiehead7.com/faq-items/i-have-been-arrested-and-i-exercised-my-rights-what-should-i-do-next/) - Contact friends or family that can help you get an experienced attorney right away. Things will move very quickly. You will have a detention hearing scheduled soon after your arrest to determine if you are a flight risk or are a danger to the community. This is important as the government may seek to have
- [Do I need to hire an attorney to handle a speeding ticket?](https://groupiehead7.com/faq-items/do-i-need-to-hire-an-attorney-to-handle-a-speeding-ticket/) - No. Since speeding is not a crime, an attorney is not required to handle your case. You can appear in court and attempt to resolve your speeding ticket with the officer who issued the ticket or the attorney who represents the municipality where you were charged. @lawyergeorge How To Handle A Speeding Ticket Without A
- [What is the statute of limitations for an injury that occurred at school?](https://groupiehead7.com/faq-items/what-is-the-statute-of-limitations-for-an-injury-that-occurred-at-school/) - Public schools and their employees are considered municipal entities which means special provisions must be followed even before starting a formal lawsuit or your child’s potential claim is at risk for being lost forever. The General Municipal Law requires that within 90 days of accrual of a claim, i.e. when the accident happened, the school
- [What does it mean to “steal” something?](https://groupiehead7.com/faq-items/what-does-it-mean-to-steal-something/) - Usually, theft requires the intent to permanently deprive someone of property, even if they actually get the property back. The crime may still be charged even if they do. There are several other ways to be charged with larceny beyond taking items out of a store or taking cash, money or belongings that that are
- [What is grand larceny in the 4th (fourth) degree?](https://groupiehead7.com/faq-items/what-is-grand-larceny-in-the-4th-fourth-degree/) - Grand Larceny in the fourth degree is a class E felony pursuant to New York Penal Law section 155.30. This is a charge that results if you steal any car worth more than $100, a credit or debit card, or anything worth more than $1,000. There are various other specific types of theft or items
- [Can I get arrested if I claim to be a lawyer/police officer/other professional?](https://groupiehead7.com/faq-items/can-i-get-arrested-if-i-claim-to-be-a-lawyer-police-officer-other-professional/) - Yes. This is outside free speech if your lie makes another person submit to your pretended authority, that likely is a crime. For example, if you are pretending to be a police officer, with fake lights and sirens, badge, and uniform, and pull someone over, you will likely be charged with a crime. Practicing law
- [What is a scheme to defraud?](https://groupiehead7.com/faq-items/what-does-criminal-fraud-mean/) - A scheme to defraud is a criminal charge that results when a person engages in a course of conduct with the intent to defraud more than one person or to obtain property from more than one person by false or fraudulent conduct or actions and does actually obtain the property. Schemes can be very serious,
- [What are the penalties for traffic violations as a junior licensed driver?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-traffic-violations-as-a-junior-licensed-driver/) - Your junior license can be: suspended for 60 days if you are convicted of one serious traffic violation or two other violations that were committed revoked for 60 days if you are convicted of one serious traffic violation or two other violations within the first six months after your license was restored Note: A serious
- [What is felony murder?](https://groupiehead7.com/faq-items/what-is-felony-murder/) - Felony Murder occurs when committing a felony, attempting to commit a felony, or while running away from just committing one, someone dies. It’s worth noting that a felony murder charge will only result if the person who dies was not a participant in the felony, meaning the person who died was not a defendant or
- [What are the charges for possessing a fake ID or driver’s license?](https://groupiehead7.com/faq-items/what-are-the-charges-for-possessing-a-fake-id-or-drivers-license/) - Regardless of your age, possessing a fake ID or driver’s license is considered a serious crime. You can be charged with: a Class D felony Violating N.Y. Vehicle and Traffic Law Section 509-6 which prohibits any other person to use or possess a license that is not legally their own Fraud Identity theft To learn
- [If I am convicted of possessing a fake ID or driver’s license, what will the consequences be?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-possessing-a-fake-id-or-drivers-license-what-will-the-consequences-be/) - A conviction can carry significant fines, court costs and other penalties, including probation, time in jail, community service, and/or having your legal license suspended. For more information click here.
- [What if a teenager is caught with a fake ID or license?](https://groupiehead7.com/faq-items/what-if-a-teenager-is-caught-with-a-fake-id-or-license/) - Possessing a fake ID or license is considered a crime regardless of any person’s age. To learn more about the consequences of being caught with a fake id or license click here.
- [What will happen to my license if I am convicted of drinking and driving and I am under 21?](https://groupiehead7.com/faq-items/what-will-happen-to-my-license-if-i-am-convicted-of-drinking-and-driving-and-i-am-under-21/) - The consequences to a person who is under 21 will differ based on whether the conviction is for a Zero Tolerance Violation, Driving While Ability Impaired (DWAI), or Driving While Intoxicated (DWI). @lawyergeorge What happens if your drive under the influence when you are under 21? #lawyer #lawyergeorge #legaltiktok #law #lawyersoftiktok #lawfirm #newyork ♬ Calm
- [How do I get rid of an order of protection or have it modified?](https://groupiehead7.com/faq-items/how-do-i-get-rid-of-an-order-of-protection-or-have-it-modified/) - Orders of Protection are orders issued by a Judge. They are not orders by law enforcement, district attorney’s offices, or the person whom it protects but an Order of Protection is often requested to the Judge from one of these individuals. Just like any other order a Court makes, only a Court may amend, remove,
- [What if the person protected by the order contacts me?](https://groupiehead7.com/faq-items/what-if-the-person-protected-by-the-order-contacts-me/) - If the protected person comes to your workplace, or reaches out to you, you must avoid any contact or communication with them. You may wish to block them on social media or on your phone. If that does not stop the behavior, you should talk to your attorney about what you can do. If you
- [Am I subject to refusal penalties if I don’t take the other tests the officer tells me to take?](https://groupiehead7.com/faq-items/am-i-subject-to-refusal-penalties-if-i-dont-take-the-other-tests-the-officer-tells-me-to-take/) - These tests, commonly called the standardized field sobriety tests (SFST’s), which include the walk and turn, the horizontal gaze nystagmus, and the one leg stand, are not required by law. While refusal of the PBST (roadside breath test) is a traffic infraction, and refusal of the breathalyzer test has various penalties as listed above, refusing
- [Is there a difference between the breath test on the side of the road and the breath test at the police station?](https://groupiehead7.com/faq-items/is-there-a-difference-between-the-breath-test-on-the-side-of-the-road-and-the-breath-test-at-the-police-station/) - Yes. The breath test administered at the side of the road is not a calibrated instrument and is only used to help establish probable cause for an officer to make an arrest. This breath test is called a “Portable Breath Screening Test” (PBST). If you refuse to take the PBST, you will be issued a
- [Can I be charged with driving under the influence of drugs if my doctor prescribed the medication?](https://groupiehead7.com/faq-items/can-i-be-charged-with-driving-under-the-influence-of-drugs-if-my-doctor-prescribed-the-medication/) - Yes. Even if your medication was prescribed you can still be charged and convicted of a driving-under-the-influence of drugs if the prescription caused you to be impaired while you operated your vehicle. @lawyergeorge Can You Get A DWAI From Prescription Drugs? #dwai #police #lawyer #lawyersoftiktok ♬ Mask Off – A3R0 & Elliot Norlander
- [Is selling marijuana a crime in New York?](https://groupiehead7.com/faq-items/is-selling-marijuana-a-crime-in-new-york/) - Yes. Other than dispensaries licensed through New York State for medicinal purposes, selling any amount of marijuana is a crime. The more marijuana sold, the higher the penalties. Criminal Sale of Marijuana 1st Degree Criminal Sale of Marijuana in the Fifth Degree (Penal Law § 221.35) is unlawfully selling two grams or less, of preparations,
- [What criminal charges do I face if I possess marijuana in New York?](https://groupiehead7.com/faq-items/what-criminal-charges-do-i-face-if-i-possess-marijuana-in-new-york/) - Criminal Possession of Marijuana 4th Degree Criminal Possession of Marijuana in the Fourth Degree (Penal Law §221.15) is unlawful possession of more than two ounces of preparations, compounds, mixtures, or substances that contain marijuana. This is a crime; a class A misdemeanor. You face up to 1 year in jail, 3 years of probation, and a $1,000 fine. You
- [Is possessing marijuana a crime in New York?](https://groupiehead7.com/faq-items/is-possessing-marijuana-a-crime-in-new-york/) - Depending on the amount possessed, or its form, possession of marijuana can be either a violation or crime. Unlawful Possession of Marijuana in the Second Degree (Penal Law §221.05) is simple unlawful possession of marijuana. It is a violation, not a crime, and punishable by a maximum $50 fine. Unlawful Possession of Marijuana in the
- [How and where are drug crimes defined in New York?](https://groupiehead7.com/faq-items/how-and-where-are-drug-crimes-defined-in-new-york/) - New York Penal Law defines almost all drug offenses in Article 220. The only drug that is not found in article 220 of the Penal Law is marijuana, which is found in Penal Law Article 221. See our Marijuana FAQ tab for more information on that specific drug. Drug Crimes are broken down into two
- [What is Criminal Contempt in the Second Degree?](https://groupiehead7.com/faq-items/what-is-criminal-contempt-in-the-second-degree-2/) - Criminal Contempt in the Second Degree is a misdemeanor. You can be charged with Criminal Contempt in the Second Degree, in violation of N.Y. Penal Law Section 215.50 when it is alleged that you have done or committed any of the following conduct: Disorderly or disrespectful behavior committed while in Court and interrupting or impairing
- [What is Criminal Contempt in the First Degree?](https://groupiehead7.com/faq-items/what-is-criminal-contempt-in-the-first-degree-2/) - Criminal Contempt in the First Degree is a felony. You can be charged with Criminal Contempt in the First degree, in violation of N.Y. Penal Law Section 215.51 when it is alleged that you have committed any of the following acts: Refusing to be sworn as a witness before a grand jury, or having been
- [If I disobey an Order of Protection, can I be charged with a Felony?](https://groupiehead7.com/faq-items/if-i-disobey-an-order-of-protection-can-i-be-charged-with-a-felony-2/) - Yes. If you violate a lawfully issued Order of Protection you may be charged with a felony if you have contact with the protected person and also cause fear or threaten the use of death, or injury and/or commit any of the following acts: Display a deadly weapon; Dangerous Instrument; Pistol, revolver, rifle, shotgun; machine
- [Can I be charged with burglary if I didn’t steal anything?](https://groupiehead7.com/faq-items/can-i-be-charged-with-burglary-if-i-didnt-steal-anything/) - Yes. Burglary is being somewhere you are not supposed to be with the intent to commit any crime therein. That includes all crimes, not just a larceny.
- [If I am charged with Robbery, will my case go to trial?](https://groupiehead7.com/faq-items/if-i-am-charged-with-robbery-will-my-case-go-to-trial/) - Whether your case resolves by way of a plea bargain or proceeds to trial depends on a number of factors including the strength of the evidence against you, whether you have an alibi or other defense to be raised, whether there are witnesses against you, and what the offer is as compared to the risk
- [Who is the best criminal attorney for a Robbery charge?](https://groupiehead7.com/faq-items/who-is-the-best-criminal-attorney-for-a-robbery-charge/) - Answering “Who is the best criminal lawyer” to represent you if you are charged with any crime can only be answered after you have considered the following: Experience Availability What do other clients say about the lawyer you want to hire? Is your lawyer listed as a “Super Lawyer” and a “Best Lawyer”? Considering these
- [What is Robbery in the First Degree (New York Penal Law §160.15)?](https://groupiehead7.com/faq-items/what-is-robbery-in-the-first-degree-new-york-penal-law-§160-15/) - Robbery in the First Degree is forcibly stealing property, however there must also be any one of the following: A victim was seriously physically injured. You were armed with a deadly weapon. A workable, operable gun is a deadly weapon, but there are many non-firearm weapons that qualify. What matters here is it was possessed,
- [What is Robbery in the Second Degree (New York Penal Law §160.10)?](https://groupiehead7.com/faq-items/what-is-robbery-in-the-second-degree-new-york-penal-law-§160-10/) - Robbery in the Second Degree is forcibly stealing property together with any one of the following: You were helped or “aided” by another person present at the robbery. A victim was physically injured. You displayed or showed what appeared to be a firearm or gun. It does not matter if the object was actually a
- [What is Robbery in the Third Degree (New York Penal Law §160.05)?](https://groupiehead7.com/faq-items/what-is-robbery-in-the-third-degree-new-york-penal-law-§160-05/) - Robbery in the Third Degree is forcibly stealing property. Any larceny offense would qualify, so long as force was used to steal the property. Robbery in the Third Degree is a class D felony. You face up to 7 years in a New York state prison facility or up to 5 years of probation as
- [How much does a criminal lawyer charge to defend a Robbery case?](https://groupiehead7.com/faq-items/how-much-does-a-criminal-lawyer-charge-to-defend-a-robbery-case/) - Robbery cases are serious offenses and, when defended properly, require a lawyer to devote dozens, if not hundreds of hours of time to your case. Simply stated the more time a lawyer spends on your case, the higher the fee will be. Thus, if your case proceeds to trial, the fee will be greater than
- [What does “substantial risk” mean?](https://groupiehead7.com/faq-items/what-does-substantial-risk-mean/) - Conduct by a person is considered reckless when: He or she engages in conduct which creates a substantial and unjustifiable risk of serious physical injury to another person, and; He or she is aware of and consciously disregards that risk, and; That risk is of such nature and degree that disregard of it constitutes a
- [What is Reckless Endangerment in the 1st Degree (NY Penal Law §120.25)?](https://groupiehead7.com/faq-items/what-is-reckless-endangerment-in-the-1st-degree-ny-penal-law-§120-25/) - A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to another person. If convicted of Reckless Endangerment in the 1st Degree, you could face up to two and one
- [What do these stalking terms mean?](https://groupiehead7.com/faq-items/what-do-these-stalking-terms-mean/) - Stalking charges require an understanding of three very important things: “No legitimate purpose”; “Course of conduct”; and “Know or reasonably should know”. These are critical aspects to any Stalking charge. You may very often contact someone many, many times. You may be angry at them. You may be relentless because you are protecting yourself, your
- [What is stalking in the 4th degree?](https://groupiehead7.com/faq-items/what-is-stalking-in-the-4th-degree/) - Stalking in the 4th Degree is when a person intentionally, and for no legitimate purpose, engages in a course of conduct directed at someone, and knows or reasonably should know that the conduct is likely to cause reasonable fear of harm. Stalking in the 4th Degree is a class B misdemeanor under NY Penal Law
- [What is menacing in the 3rd degree?](https://groupiehead7.com/faq-items/what-is-menacing-in-the-3rd-degree/) - Menacing in the 3rd Degree means the police allege that you intentionally placed or attempted to place someone in fear of injury or death. Menacing in the 3rd degree is a class B misdemeanor under NY Penal Law §120.15. If you are convicted of this crime, you face up to 90 days in local/County jail
- [I didn’t mean to injure anyone. Can I still be charged with assault?](https://groupiehead7.com/faq-items/i-didnt-mean-to-injure-anyone-can-i-still-be-charged-with-assault/) - Yes. Even if you did not intentionally hurt someone, you can still be charged with assault if you recklessly, or with criminal negligence, caused injury to another person. Recklessly means you acted while aware of and consciously disregarding a substantial and unjustifiable risk. Criminal Negligence means you engaged in conduct that creates or contributes to
- [Can I be compensated for my grief if a family member dies?](https://groupiehead7.com/faq-items/can-i-be-compensated-for-my-grief-if-a-family-member-dies-2/) - In New York, families are not entitled to be compensated for their grief, loss of affection, loss of society or loss of the romantic relationship. Many lawyers in New York, including George LaMarche, have been trying to change this law for years.
- [What is the family entitled to be compensated for?](https://groupiehead7.com/faq-items/what-is-the-family-entitled-to-be-compensated-for-2/) - There are two types of money damages that family members can receive after the passing of a loved one because of someone else’s negligence. The first type of damage is for the financial losses suffered by the family members. These losses may include claims for loss of support, voluntary assistance, and possible inheritance, as well
- [Can my truck accident claim be settled prior to filing a lawsuit?](https://groupiehead7.com/faq-items/can-my-truck-accident-claim-be-settled-prior-to-filing-a-lawsuit/) - Maybe. In many instances, after your personal injury lawyer determines the cause of the crash and obtains all the necessary medical information, a settlement can be reached. In some instances, a settlement can be reached prior to filing a lawsuit, and in other cases a settlement can be reached after a lawsuit is filed, but
- [What are my truck accident injuries worth?](https://groupiehead7.com/faq-items/what-are-my-injuries-worth/) - There are many factors to consider in determining the value of your personal injuries. Your truck accident attorney must first consider who was at fault and if any fault lies with you that would reduce the value of your claim. In other words, if you are 50% at fault for the crash, you will only
- [How much will it cost me to pursue a truck accident case?](https://groupiehead7.com/faq-items/how-much-will-it-cost-me-to-pursue-a-truck-accident-case/) - It will likely not cost you anything to pursue your personal injury case as your truck accident lawyer will likely work on a contingency fee basis. In contingency fee cases, your lawyer will only receive a legal fee if he/she is successful in pursuing your case. When your case resolves or there is a verdict
- [Do I have to suffer “serious injuries” in order to bring a claim in a truck accident case?](https://groupiehead7.com/faq-items/do-i-have-to-suffer-serious-injuries-in-order-to-bring-a-claim-in-a-truck-accident-case/) - Yes. Under New York Law, to bring a claim against an at fault truck driver or trucking company, it is necessary that your injuries be “serious” as that term is defined by the insurance law in New York. To learn more about serious injuries in New York click here.
- [What should I do after a truck accident?](https://groupiehead7.com/faq-items/what-should-i-do-after-a-truck-accident/) - If you have been involved in an accident with a tractor trailer, dump truck, snowplow or other type of truck, you have likely suffered serious injuries and sought medical treatment. Your next step is to fill out a no-fault application to ensure that all medical bills, lost earnings, and reasonable and necessary expenses incurred are
- [How much does it cost to hire a traumatic brain injury lawyer?](https://groupiehead7.com/faq-items/how-much-does-it-cost-to-hire-a-traumatic-brain-injury-lawyer/) - Personal injury cases are most often handled on a contingency fee basis, meaning an attorney does not get paid for his or her services until a favorable settlement or a successful verdict at trial is obtained.
- [If I am on a worksite, who is responsible for providing necessary safety equipment so I am not injured?](https://groupiehead7.com/faq-items/if-i-am-on-a-worksite-who-is-responsible-for-providing-necessary-safety-equipment-so-i-am-not-injured/) - If you are involved in the erection, demolition, or repairing of a building or structure you must be provided safety equipment by all contractors and owners of the building. This protective safety equipment includes scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes or any other devices to provide proper protection for the
- [If I pursue a construction accident injury claim against a building owner or a contractor do I have to pay back my workers compensation benefits?](https://groupiehead7.com/faq-items/if-i-pursue-a-claim-against-a-building-owner-or-a-contractor-do-i-have-to-pay-back-my-workers-compensation-benefits/) - In New York if a worker is injured on the job, he/she has a right to workers compensation benefits. If, in addition to workers compensation benefits, a personal injury lawyer pursues a successful claim on behalf of the injured worker, the workers’ compensation carrier has a lien against the “third party recovery”. The repayment of
- [How much is my slip and fall case worth?](https://groupiehead7.com/faq-items/how-much-is-my-case-worth/) - The value of your case depends on a 3 primary factors: The strength of the liability. Liability means the amount of fault the defendant has for your injuries. Is the defendant 100% at fault or are you partially at fault? The value of your case will be impacted by the distribution of fault. As an
- [What is the process of settling my slip and fall case before trial?](https://groupiehead7.com/faq-items/what-is-the-process-of-settling-my-case-before-trial/) - In order for a lawyer to reach a settlement with an insurance company on your behalf, the lawyer needs to fully understand your case. Your lawyer must examine the incident, how it happened and who caused it. The lawyer must also consider the nature of your injuries and obtain all of your medical records from
- [Can my slip and fall case be settled before a trial?](https://groupiehead7.com/faq-items/can-my-case-be-settled-before-a-trial/) - Yes. There is always the possibility that a settlement can be reached prior to trial. Factors that impact settlement include how the incident happened, what type of injuries you’ve sustained, and what out of pocket or lost earnings you have and/or can expect. If your lawyer and the insurance company can agree to a dollar
- [If I fall on someone else’s property can I sue them?](https://groupiehead7.com/faq-items/if-i-fall-on-someone-elses-property-can-i-sue-them/) - Yes. But one of the most important questions that must first be answered is: what caused your fall? In order to bring a claim against a property owner, it must be shown that the property owner was negligent. Negligence is the lack of ordinary care. It is a failure to use that degree of care
- [Can I file a civil lawsuit for sexual abuse or assault?](https://groupiehead7.com/faq-items/can-i-file-a-civil-lawsuit-for-sexual-abuse-or-assault/) - Yes. A case for sexual assault can be pursued in both criminal and civil court. In civil courts, there is no cause of action for “sexual assault”. Instead, the victim would file a lawsuit for one or more of a number or torts (wrongful acts that caused harm to a victim). Assault Battery Intentional infliction
- [Why should I incur costs when the accident was not my fault?](https://groupiehead7.com/faq-items/why-should-i-incur-costs-when-the-accident-was-not-my-fault-2/) - You shouldn’t. But in the short term, until a personal injury lawsuit can be finalized, unfortunately these are costs that must be paid by you. With a successful personal injury claim, your out of pocket costs can be reimbursed. Until then, please make sure you continue to pursue all medical treatment which will help your
- [If the driver who hit me does not have a good insurance policy, can I use my own policy?](https://groupiehead7.com/faq-items/if-the-driver-who-hit-me-does-not-have-a-good-insurance-policy-can-i-use-my-own-policy-2/) - Yes, if you have Supplemental Underinsured Motorist (SUM) Coverage on your motorcycle policy. Under the terms of your SUM Policy, you will receive additional protection in the event the driver who hit you has a limited policy. In other words, if for example, the driver who hit you has only a $25,000 policy, but you
- [Is there any fee to meet with a personal injury lawyer about my motorcycle accident case?](https://groupiehead7.com/faq-items/is-there-any-fee-to-meet-with-a-lawyer-about-my-motorcycle-accident-case-2/) - No. At LaMarche Safranko Law there is no charge for your consultation with an accident attorney. In fact, in NY, traditionally when you hire a personal injury lawyer to handle your claim, you will not be required to pay any money to retain or hire the lawyer. Rather, these types of cases are often handled
- [Does “no-fault” apply to accidents involving motorcycles?](https://groupiehead7.com/faq-items/does-no-fault-apply-to-accidents-involving-motorcycles-2/) - No. No-fault doe not apply does not apply to accidents involving motorcycles in New York State. “No-fault” insurance applies to car, truck and bus accidents rather than accidents involving motorcycles. Under Article 51 of the New York State Insurance Law motorcyclists and their passengers are excluded from coverage. Because motorcycles are not considered to be
- [How does the attorney get paid in a nursing home negligence case?](https://groupiehead7.com/faq-items/how-does-the-attorney-get-paid-in-a-nursing-home-negligence-case/) - Most attorneys handle nursing home negligence or wrongful death cases on a contingency fee basis, meaning the attorney does not get paid unless your case is settled or wins a verdict in court. Most attorneys do not charge for an initial consultation.
- [Should I hire a pedestrian accident lawyer after if I have been injured?](https://groupiehead7.com/faq-items/should-i-hire-a-lawyer-after-an-accident/) - If you have suffered serious injuries as a result of being hit by a vehicle, it is in your best interests to speak to a personal injury lawyer who has handled and is experienced with pedestrian injury cases. Before choosing a lawyer, make sure the lawyer is willing to listen to you and answer your
- [What if I am hit by a car while crossing the road and was not in a crosswalk?](https://groupiehead7.com/faq-items/what-if-i-am-hit-by-a-car-while-crossing-the-road-and-was-not-in-a-crosswalk/) - A driver is still required to use reasonable care to avoid hitting a pedestrian even if a pedestrian was not in a crosswalk. Even if you are not in the crosswalk, you may still bring a claim against the motorist who struck you. However, your own level of fault can be a factor in determining
- [How much does a birth injury lawsuit cost?](https://groupiehead7.com/faq-items/how-much-does-a-lawsuit-cost/) - Lawsuits involving personal injuries are typically handled on a contingency fee basis, meaning your lawyer will not get paid unless you receive a settlement before trial or a verdict in your favor at trial. The fees a lawyer is paid in a successful medical malpractice lawsuit in New York are set by court rules.
- [Who will pay my medical bills if I am hit by a car?](https://groupiehead7.com/faq-items/who-will-pay-my-medical-bills-if-i-am-hit-by-a-car/) - If you were hit by a vehicle, the automobile insurance company of the driver who hit you is responsible for paying your medical expenses. In New York State, the No-Fault law allows for payments for medical bills, a portion of lost earnings and reasonable expenses up to $50,000. Any medical provider you see should be
- [How much time do I have after my accident to sue the person who hit me?](https://groupiehead7.com/faq-items/how-much-time-do-i-have-after-my-accident-to-sue-the-person-who-hit-me/) - In most cases, you have 3 years from the date of the accident to pursue a claim against the driver/owner of the vehicle that hit you. If a death resulted from the accident, the statute of limitations is 2 years for a wrongful death claim. Additionally, the time limit can be as short as 90
- [Should I give a statement to the insurance company of the driver that hit me after I’ve been struck by a car?](https://groupiehead7.com/faq-items/should-i-give-a-statement-to-the-insurance-company-of-the-driver-that-hit-me-after-ive-been-struck-by-a-car/) - No. The insurance company for the driver who hit you is trying to protect their driver, find a reason to blame you for the accident, and limit the amount of money they may have to pay you for your injuries. You should speak to a lawyer before giving any statement to an insurance company for
- [Can I recover damages for my pain and suffering if I am hit by a vehicle?](https://groupiehead7.com/faq-items/can-i-recover-damages-for-my-pain-and-suffering-if-i-am-hit-by-a-vehicle/) - Yes. In New York, in order to receive money for your pain and suffering you must have suffered a “serious injury”. To learn about what NY deems a “serious injury” click here.
- [How much will it cost me to hire a personal injury lawyer?](https://groupiehead7.com/faq-items/how-much-will-it-cost-me-to-hire-a-personal-injury-lawyer/) - It will cost nothing for you to hire a personal injury lawyer because these cases are handled on a “contingency fee” basis which means a lawyer will only receive a fee if the lawyer successfully resolves your case by a verdict at a trial or by settlement. New York state limits the contingency fee lawyers
- [If I can’t work, how do I support my family after being hit by a car?](https://groupiehead7.com/faq-items/if-i-cant-work-how-do-i-support-my-family-after-being-hit-by-a-car/) - There are a few different options to assist you if you are out of work after being struck by a vehicle. First, you are entitled to seek no-fault coverage through the driver’s auto insurance carrier. The no-fault carrier will pay a portion of your lost earnings. A no-fault claim must be filed within 30 days
- [Will I have to go to court if I bring a personal injury case?](https://groupiehead7.com/faq-items/will-i-have-to-go-to-court-if-i-bring-a-personal-injury-case/) - Many personal injury cases settle before having to go to court. However, in some cases an agreement cannot be reached as to who is responsible for the crash or what the fair value is of the injured person’s claim. In those instances, a trial by jury is needed. Ultimately, it is always up to the
- [What do I have to prove to win a pedestrian injury case?](https://groupiehead7.com/faq-items/what-do-i-have-to-prove-to-win-a-pedestrian-injury-case/) - If a driver drives distracted, speeds or is negligent in any other way, and strikes a pedestrian, a personal injury lawyer can bring a claim on your behalf. The lawyer must show that the driver did not operate his vehicle safely, and that as a result, he caused you to suffer an injury. In a
- [How long do I have to file a lawsuit against a nursing home?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-file-a-lawsuit-against-a-nursing-home/) - The time limit for filing a lawsuit is governed by what is known as the statute of limitations. The statute of limitations for a negligence case in New York is 3 years from the date of the incident. The statute of limitations for wrongful death in New York is 2 years from the date of
- [Will I have to go to court to resolve a claim of nursing home negligence?](https://groupiehead7.com/faq-items/will-i-have-to-go-to-court-to-resolve-a-claim-of-nursing-home-negligence/) - Every case is unique and the outcome of the case depends on many different factors. In some instances, a case may settle prior to the filing of any formal lawsuit if a nursing home’s liability and the injuries suffered are clear. In other instances, pretrial work such as the exchange of discovery, depositions, and expert
- [If I am in immediate need of help, what should I do? How do I report nursing home neglect?](https://groupiehead7.com/faq-items/if-i-am-in-immediate-need-or-help-what-should-i-do-how-do-i-report-neglect/) - If a loved one is the victim of nursing home neglect, it is essential to act immediately. The first step is to report the suspected abuse to the facility’s administration. If the issues you have identified are not being remedied after addressing them with the administrators and staff at the specific facility there are several
- [How will a personal injury lawyer handle my motorcycle accident case?](https://groupiehead7.com/faq-items/how-will-a-lawyer-handle-my-motorcycle-accident-case-2/) - After contacting a lawyer, the lawyer should conduct a full investigation as to how and why the crash occurred. This includes speaking with witnesses, obtaining the police investigation, obtaining photographs, considering all possible claims and theories of liability against any potential defendant, and dealing with the insurance company for the persons who injured you. The
- [Do I need to report a motorcycle accident to the department of motor vehicles?](https://groupiehead7.com/faq-items/do-i-need-to-report-the-accident-to-the-department-of-motor-vehicles-2/) - If there is damage caused to a vehicle in excess of $1,000, or if someone died in the crash, a DMV accident report is required to be filed within 10 days of the accident. It is recommended that you speak with an attorney before completing and submitting the form.
- [Who will pay for my medical expenses if I am injured in a motorcycle crash?](https://groupiehead7.com/faq-items/who-will-pay-for-my-medical-expenses-if-i-am-injured-in-a-motorcycle-crash-2/) - All medical costs should be paid for by your personal health insurance. Any co-pays that are required will have to be paid by you at the outset. If you are uninsured, depending on your income, you may apply for emergency Medicaid. If you are uninsured and make too much money to qualify for Medicaid, you
- [How long will a motorcycle personal injury case take?](https://groupiehead7.com/faq-items/how-long-will-a-motorcycle-personal-injury-case-take-2/) - There is no exact answer to that question. How long a case takes depends on many factors including how the case happened, how many defendants are in the case, the extent of the injuries, the nature of your recovery from your injuries, and whether the case resolves by way of settlement or trial. However, in
- [How will I pay my bills after a motorcycle accident if I can’t work?](https://groupiehead7.com/faq-items/how-will-i-pay-my-bills-if-i-cant-work-2/) - Dealing with your bills after a motorcycle crash can be very stressful and overwhelming if you are not working while you are healing. If you are unable to work, you should immediately apply for disability benefits. Additionally, a personal injury lawsuit should be pursued against the other driver(s) and any other person or party that
- [What is the process of a personal injury case if I am injured on a construction site?](https://groupiehead7.com/faq-items/what-is-the-process-of-a-personal-injury-case-if-i-am-injured-on-a-construction-site/) - Following an accident on a construction site, a personal injury attorney will meet with you to determine what occurred and how this incident happened. To learn more about what to expect click here.
- [What should I do after being injured while working for the railroad?](https://groupiehead7.com/faq-items/what-should-i-do-after-i-have-been-injured-while-working-for-the-railroad/) - If you have been hurt while working on the railroad, it is important that you notify your supervisor of the nature and extent of your injuries and to seek medical attention as soon as possible. You should also contact your union representative immediately. It is always best to contact an experienced railroad injury lawyer before
- [Do I have to be treated for my injuries by the Railroad Doctor?](https://groupiehead7.com/faq-items/do-i-have-to-be-treated-by-the-railroad-doctor/) - No. While you may have to be examined by a railroad doctor, you have the right to treat with any doctor or physician of your choice for your injuries. You should make sure the doctor that you treat with accepts your insurance or you may otherwise be responsible for the costs associated with seeing the
- [Can I sue my employer if I am injured working on the railroad?](https://groupiehead7.com/faq-items/can-i-sue-my-employer-if-i-am-injured-working-on-the-railroad/) - Yes. Even if you are found to be partly at fault, so long as you are not 100% at fault for your injury, FELA allows for an employee to sue their employer.
- [Do I need a personal injury lawyer to handle your FELA claim?](https://groupiehead7.com/faq-items/do-you-need-a-personal-injury-lawyer-to-handle-your-fela-claim/) - While you are not required to have an attorney handle your case, it is always better to contact an experienced railroad injury attorney as they will have the knowledge and skill to help obtain the best verdict or resolution for you.
- [Am I entitled to any benefits while my FELA case is pending?](https://groupiehead7.com/faq-items/am-i-entitled-to-any-benefits-while-my-case-is-pending/) - You may be entitled to benefits under the Railroad Retirement Board disability benefits or supplemental disability benefits. You should contact your union representative to see what benefits are available for you.
- [If I am partially at fault for my injury while working on the railroad, can I still sue?](https://groupiehead7.com/faq-items/if-i-am-partially-at-fault-for-my-injury-can-i-still-sue/) - Yes. Like many other personal injury cases, FELA cases use the comparative negligence standard. This means a percentage of fault will be assessed against the injured railroad worker and the railroad. Any award would then be reduced by your percentage of fault. For example, if you suffered a severe injury and were awarded 1 million
- [How much can I recover for my injuries if I am injured in a farm or tractor accident?](https://groupiehead7.com/faq-items/how-much-can-i-recover-for-my-injuries-if-i-am-injured/) - The amount of compensation you are entitled to depends on many factors including the full extent of your physical injuries and the total amount of out of pocket losses you have suffered. In terms of physical injuries, the value ranges from very minor injuries which would be worth very little to very serious injuries such
- [If I am partially at fault in a farm or tractor accident can I still bring a claim?](https://groupiehead7.com/faq-items/if-i-am-partially-at-fault-can-i-still-bring-a-claim/) - Yes. Even if you are partially at fault for causing the accident or injuries you have suffered, you can still bring a claim in New York against the other at fault party. The law says that even if you contributed to the accident and were “contributorily negligent” or have some amount of “comparative fault” you
- [I was injured while riding on a tractor, do I have an injury claim?](https://groupiehead7.com/faq-items/i-was-injured-while-riding-on-a-tractor-do-i-have-a-claim/) - Maybe. Whether you have a right to file a claim depends on how the accident happened. If you were injured because of the conduct or negligence of another person, business or company, and if you’ve suffered injuries, you have a right to be compensated for the pain, suffering and economic losses you have suffered.
- [How long do I have to file a claim if I am injured by a farm or tractor?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-file-a-claim-if-i-am-injured-on-a-farm-or-by-a-farm-tractor/) - Generally, the time frame to pursue a claim if you are injured on a farm or by a tractor or other farming equipment is 3 years from the date of the accident. This time limit will be extended if the person who was injured is a child or minor. Other limitations would apply if the
- [Can I bring a person injury lawsuit if I am injured on a farm or by farm equipment?](https://groupiehead7.com/faq-items/can-i-bring-a-lawsuit-if-i-am-injured-on-a-farm-or-by-farm-equipment/) - Yes. If you are injured in an accident on a farm, a claim can be brought against the Farm and the owners of the land if they are owned by separate individuals or companies. To file a claim a farm accident personal injury lawyer will first want to meet with you to discuss the particulars
- [What are my rights if I am injured on a farm?](https://groupiehead7.com/faq-items/what-are-my-rights-if-i-am-injured-on-a-farm/) - If you are injured on a farm because of someone else’s negligence, you have the right to pursue a claim and to be compensated for the injuries you have suffered including the out of pocket losses you have incurred. You have no obligation to talk to any insurance company representative without first speaking to a
- [Do I need a personal injury lawyer for a dog bite injury?](https://groupiehead7.com/faq-items/do-i-need-a-personal-injury-lawyer-for-a-dog-bite-injury/) - Yes, you should strongly consider hiring a dog bite lawyer if you’ve been injured by a dog. While some minor bites may only require basic medical attention, more serious dog attacks can lead to significant injuries, infections, nerve damage, scarring, or emotional trauma, all of which may entitle you to compensation.
- [How long do I have to file a claim after a dog bite?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-file-a-claim/) - In New York, you have 3 years from the date of the dog bite to pursue a claim against the owner of a dog that bit you. If the dog is owned by municipality, such as a police dog, a claim must be filed within 90 days of the date of the bite.
- [Can I pursue a worker’s compensation claim and file a construction accident injury lawsuit?](https://groupiehead7.com/faq-items/can-i-pursue-a-workers-compensation-claim-and-file-a-lawsuit/) - Yes. You may be able to pursue both claims. If you have been injured because of the negligence of the owner of the building, a contractor or subcontractor at the construction site, you may be entitled to pursue a legal action in addition to your worker’s compensation claim.
- [How do I know if I have a case beyond workers’ compensation?](https://groupiehead7.com/faq-items/how-do-i-know-if-i-have-a-case-beyond-workers-compensation/) - If you are injured on a construction site you may have a case beyond workers’ compensation if someone other than your employer contributed to your construction site injury. Workers’ compensation only covers medical expenses and a portion of lost wages—but it does not provide payment for pain and suffering or long-term loss of quality of life.
- [What should I do if I am injured on a construction site?](https://groupiehead7.com/faq-items/if-i-am-injured-while-performing-construction-work-what-are-my-rights/) - If you are injured on a construction site you have options. Your first option is to file a worker’s compensation claim so your medical expenses and a portion of your lost earnings can be paid if you are unable to work. Another option is to bring a lawsuit against the owner or contractor or subcontractor
- [If I am injured while on a bus or in a limo, who pays my medical bills?](https://groupiehead7.com/faq-items/if-i-am-injured-while-on-a-bus-or-in-a-limo-who-pays-my-medical-bills/) - If you were injured on a bus, your own automobile insurance carrier will pay for your no-fault benefits which include medical expenses, lost earnings and reasonable and necessary expenses incurred, up to $25 dollars per day. If you were not insured, the insurance carrier for a relative you live with will pay. If neither you
- [What type of compensation is available in a civil lawsuit?](https://groupiehead7.com/faq-items/what-type-of-compensation-is-available-in-a-civil-lawsuit/) - Compensation can be provided for medical bills, lost wages, pain, and suffering, and in extreme cases punitive damages. These categories include both past and future medical expenses, past and future lost earnings, and past and future pain and suffering. Punitive damages are only allowed in the most extreme of cases where the injury was caused
- [What types of defenses are available to me if I am charged with a crime?](https://groupiehead7.com/faq-items/what-types-of-defenses-are-available-to-me-if-i-am-charged-with-a-crime/) - To learn more about understanding what type of criminal defense maybe available to you, click here.
- [Should I talk to my own insurance company after a bicycle accident?](https://groupiehead7.com/faq-items/should-i-talk-to-my-own-insurance-company-after-an-accident/) - Yes. You should always cooperate with your own insurance company after a bicycle accident. However, if you feel more comfortable speaking to a lawyer first, respectfully tell the insurance adjuster who calls you that you will have to get back them at another time. Then contact a personal injury attorney that handles bicycle accident cases
- [Do I need a car accident lawyer after a car accident in NY?](https://groupiehead7.com/faq-items/do-i-need-an-attorney/) - Not every car accident requires legal help, but if you suffered injuries, missed work, or are facing high medical bills, a car accident lawyer nearby can make a big difference. A personal injury attorney will handle the insurance company, investigate your case, and work to recover the compensation you deserve.
- [What should I do after a car crash if I have been injured?](https://groupiehead7.com/faq-items/what-should-i-do-after-a-car-crash/) - The most important thing you can do after an accident is follow the advice of your doctors. That means going to all medical appointments and reporting all symptoms. Make sure your doctors are notified that you were injured in a car accident so they can bill their services to the proper insurance company. Remember to
- [Should I give a statement to the insurance company for the driver that hit me?](https://groupiehead7.com/faq-items/should-i-give-a-statement-to-the-insurance-company-for-the-driver-that-hit-me/) - No. Insurance companies usually look to blame the cyclist for a crash, so they don’t have to pay full compensation for your injuries. Take the name, phone number and the claim number from the insurance adjuster calling you and have your personal injury lawyer call them.
- [How long do I have to sue for birth injuries?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-sue-for-my-childs-injuries/) - The time within which a lawsuit must be commenced is called the statute of limitations. Once the statute of limitations has run out, the injured person will be legally barred from filing a lawsuit based on those injuries. Often, the degree of a child’s injuries may not be immediately apparent to the doctors or family.
- [If my child receives money in a settlement or verdict, how are the proceeds of a birth injury case handled?](https://groupiehead7.com/faq-items/if-my-child-receives-money-in-a-settlement-or-verdict-how-are-the-proceeds-of-a-case-handled/) - Proceeds from a case involving a child under the age of 18 must be approved by a judge through an Infant Compromise proceeding. The purpose of the judge’s review is to ensure the funds are protected for the child. Funds can be handled in a variety of ways. A family may choose to structure the
- [I like my doctor, should I still commence a lawsuit in a birth injury case?](https://groupiehead7.com/faq-items/i-like-my-doctor-should-i-still-commence-a-lawsuit/) - It is very common for a woman to build a strong relationship with her OB-GYN and other medical professionals throughout her pregnancy. However, when a doctor makes a serious mistake, you and your family should not have to suffer because of his/her negligence. It is important to consider what happened to you and your child,
- [How long do I have to file a claim against the driver that hit me while I was riding my bike?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-file-a-claim-against-the-driver-that-hit-me/) - Generally, the statute of limitations to file a lawsuit after being hit by an automobile is 3 years from the date of the accident. However, if a death occurs, the statute of limitations is 2 years. In addition, shorter times may be applicable if the vehicle that caused the crash is owned by the state
- [How are my medical bills paid if No-Fault is exhausted after a bicycle accident?](https://groupiehead7.com/faq-items/how-are-my-medical-bills-paid-if-no-fault-is-exhausted/) - If there is no additional personal injury protection (APIP) available and the $50,000 no-fault policy is exhausted, you should submit your medical bills to your medical insurance carrier. If you are still out of work and suffering lost wages, you should apply for disability benefits. In addition, as mentioned above, a claim can also be
- [What if the driver who struck me while on my bicycle has no insurance?](https://groupiehead7.com/faq-items/what-if-the-driver-who-struck-me-has-no-insurance/) - If the driver who hit you while riding a bicycle has no insurance, you can turn to your own policy to submit a claim. If neither you nor any family member in your household has automobile insurance, you may be eligible for uninsured motorist protection from the Motor Vehicle Accident Indemnification Corporation (MVAIC).
- [Who pays my medical bills if I am hit by a car while bike riding?](https://groupiehead7.com/faq-items/who-pays-my-medical-bills-if-i-am-hit-by-a-car-while-bike-riding/) - Your medical bills should be paid for by the automobile insurance carrier for the person who hit you. Make sure to fill out a no-fault form and submit it to the insurance company for the person who hit you within 30 days. Also, make sure you notify your medical providers that you were hit by
- [Can I sue the driver of a vehicle that hit me while on my bicycle even if I was partially at fault?](https://groupiehead7.com/faq-items/can-i-sue-the-driver-of-a-vehicle-that-hit-me-even-if-i-was-partially-at-fault/) - Yes. New York State is a comparative fault jurisdiction. This means that in a lawsuit involving a personal injury, such as a bike accident, a jury can apportion fault to both the driver of a car and the bicyclist. In cases that settle or do not go all the way to trial, your personal injury
- [Who will pay for my lost earnings if I miss work because I was hit by a car while riding my bike?](https://groupiehead7.com/faq-items/who-will-pay-for-my-lost-earnings-if-i-miss-work-because-i-was-hit-by-a-car/) - Regardless of who was at fault in causing the bicycle crash, NY law allows for compensation to bicyclists for medical costs, lost wages, as well as reasonable and necessary expenses, up to $50,000. This is called no-fault coverage. This $50,000 limit is a minimum limit and certain insurance policies may have more than $50,000 available
- [The driver who hit me while I was riding my bike was 100% at fault, can I sue him?](https://groupiehead7.com/faq-items/the-driver-who-hit-me-was-100-at-fault-can-i-sue-him/) - Yes. However, as mentioned above you can only sue a motorist who hits you while riding your bike if you have suffered a “serious injury”. Therefore, even if the driver was 100% at fault because he was not paying attention, he was using a cell phone or he was speeding, you still cannot pursue a
- [Do I have to suffer a “serious injury” after a bicycle accident to sue the driver that hit me?](https://groupiehead7.com/faq-items/do-i-have-to-suffer-a-serious-injury-after-a-bicycle-accident-to-sue-the-driver-that-hit-me-2/) - Yes. In New York, in order to pursue a lawsuit against a driver for your pain and suffering after being involved in a bicycle accident, your injuries must meet the New York State Insurance Law’s definition of a “serious injury.” To learn more about a “serious injury” click here.
- [What is SHOCK incarceration?](https://groupiehead7.com/faq-items/what-is-shock-incarceration/) - Shock incarceration is a prison alternative where eligible inmates complete a rigorous six-month program. The program consists of physical activity, discipline, rehabilitation therapy, and programming. The program is like military basic training. Click here to learn more about New York State Shock Incarceration Program. If you successfully complete SHOCK, the remainder of your prison sentence
- [How can I get the best outcome in my criminal case?](https://groupiehead7.com/faq-items/how-can-i-get-the-best-outcome-in-my-criminal-case/) - When you’re charged with a crime in New York, one of the most important questions you’ll have is: “How can I get the best possible outcome in my case?” While every case is unique, the steps you take early on, from hiring an experienced criminal defense attorney to building a strong mitigation package, can make
- [The police did not read me my Miranda Rights, will my case be dismissed?](https://groupiehead7.com/faq-items/the-police-did-not-read-me-my-miranda-rights-will-my-case-be-dismissed/) - Not necessarily. The Miranda rights or Miranda warnings, commonly referred to as your right to remain silent, protect you from making any statements that the prosecutor will use against you at trial. If the prosecution or police are not seeking to question you or to use your statements against you, they are not required to
- [What do the different felony offense levels mean in New York?](https://groupiehead7.com/faq-items/what-do-the-different-felony-offense-levels-mean-in-new-york/) - In New York, felonies range from a class E felony, which is the least serious felony, to a class A felony which is the most serious felony charge you can face. Each felony level has a maximum period of incarceration. For instance, an E felony has a maximum period of imprisonment of 4 years; a
- [Will you be the only criminal defense attorney working on my case?](https://groupiehead7.com/faq-items/will-you-be-the-only-attorney-working-on-my-case/) - At LaMarche Safranko Law, we pride ourselves on our teamwork approach. Every case gets assigned to one of our partners and one of the associate attorneys so you will always have two points of attorney contact. We hold weekly firm meetings to discuss and address cases so that in the case of an emergency ANY
- [Do I need a criminal defense attorney?](https://groupiehead7.com/faq-items/do-i-need-a-criminal-defense-attorney/) - In New York State, if you are charged with a misdemeanor or felony, you are required to have an attorney present with you at all stages of your case after you are arrested. If you are charged with a non-criminal violation, such as disorderly conduct or harassment, or a non-criminal traffic offense, you will not
- [Will my case have to go to trial?](https://groupiehead7.com/faq-items/will-my-case-have-to-go-to-trial-2/) - Maybe. Whether or not your personal injury case will go to trial depends on several factors, including whether there is a dispute about who was at fault for your injuries and whether an agreement can be reached about the value of your damages. In many cases personal injury cases can be resolved through a settlement
- [How long will my personal injury case take?](https://groupiehead7.com/faq-items/how-long-will-my-personal-injury-case-take/) - How long a personal injury case takes depends on the nature of the case and the complexity of the issues in the case, the number of defendants involved in causing the accident and the severity of the injuries. Some personal injury cases can be resolved in 6 months or less, while other personal injury cases
- [How much does a personal injury lawyer cost?](https://groupiehead7.com/faq-items/how-much-does-a-personal-injury-lawyer-cost/) - A personal injury lawyer will cost you nothing. Now that doesn’t mean that injury lawyers do not get paid. However, personal injury lawyers handle cases on a contingency fee basis. This means they are only entitled to legal fee if the case results in a settlement or verdict. In NY, a personal injury lawyer is
- [How long will my automobile accident case take?](https://groupiehead7.com/faq-items/how-long-will-my-automobile-accident-case-take/) - How long your personal injury case takes depends on many factors. Those factors are detailed in the blog “How Long Will My Personal Injury Case Take?”. https://www.tiktok.com/@lawyergeorge/video/7239332514853047595?is_from_webapp=1&sender_device=pc&web_id=7451328392181417515
- [How much does a car accident lawyer cost?](https://groupiehead7.com/faq-items/how-much-does-a-car-accident-lawyer-cost/) - Most personal injury attorneys work on a contingency fee basis. This means you don’t pay upfront — your auto accident lawyer only gets paid if they successfully recover money for you and the lawyer will receive a percentage of the settlement or verdict at the end of the case. Additionally, if your personal injury case
- [What is a “Serious Injury” after a motor vehicle accident?](https://groupiehead7.com/faq-items/what-is-a-serious-injury/) - In New York, if you have been involved in an automobile accident, you can only sue the at fault driver that hit you if you have suffered a “serious injury”. Read more to understand the definition of a serious injury.
- [Should I talk to the insurance company or accept a quick settlement after a car accident?](https://groupiehead7.com/faq-items/if-the-insurance-company-for-the-driver-who-hit-me-offers-a-quick-settlement-should-i-accept-it/) - Before speaking with the insurance company or agreeing to any settlement, it’s important to consult with an experienced car accident lawyer in Albany, NY. Read more here about accepting a settlement after a car accident?
- [Will my auto accident case go to trial or can it be settled?](https://groupiehead7.com/faq-items/will-my-case-go-to-trial-or-can-it-be-settled/) - Whether a case goes to trial or resolves by way of a settlement is ultimately up to the client. A car accident lawyer can advise you about what is in your best interests, can talk to you about the risks and benefits of a trial as well as the risks and benefits of a settlement.
- [Who pays my medical bills after a car crash?](https://groupiehead7.com/faq-items/who-pays-my-medical-bills-after-a-car-crash/) - In New York, if you are in a vehicle at the time of the crash, the insurance company for the vehicle you are in (No-Fault coverage) usually pays for initial medical treatment, no matter who caused the accident. If you are an injured pedestrian or bicyclist, the no fault insurance for the vehicle that struck
- [What happens if I am injured in a car accident and the other driver doesn’t have insurance?](https://groupiehead7.com/faq-items/what-happens-if-i-am-injured-in-a-car-accident-and-the-other-driver-doesnt-have-insurance/) - You may still have options through your uninsured/underinsured motorist (UM/UIM) coverage. A car accident attorney in the Capital District can review your policy and explain your recovery options. Click here to read what happens if the other driver in an auto accident doesn't have insurance.
- [What should I bring to a meeting with my personal injury car accident lawyer?](https://groupiehead7.com/faq-items/what-should-i-bring-to-a-meeting-with-my-personal-injury-lawyer/) - While it’s usually not important to bring more than yourself to the meeting, the following can be helpful if you have them: Accident report Your own automobile policy or the declaration page for your policy The insurance policies or the declaration pages for any relatives you reside with Photos of your injuries Photos of the
- [How long do I have to file a car accident claim in New York?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-file-a-car-accident-claim-in-new-york/) - In most cases, you have three years from the date of the accident to file a personal injury lawsuit. Deadlines can vary, especially in cases involving government vehicles or wrongful death. Speaking with a personal injury lawyer nearby as soon as possible helps protect your rights.
- [What compensation can I recover after a car accident?](https://groupiehead7.com/faq-items/what-compensation-can-i-recover-after-a-car-accident/) - Depending on your case, you may be entitled to: Medical bills and rehabilitation costs Lost wages and reduced earning capacity Pain and suffering Property damage Future medical care
- [Does my teen need a criminal defense attorney if they are ticketed while driving on a junior license?](https://groupiehead7.com/faq-items/does-my-teen-need-a-criminal-defense-attorney-if-they-are-ticketed-while-driving-on-a-junior-license/) - Yes. A criminal defense attorney can advocate for their best interests as the penalties can be significant.
- [Can my teen be ticketed for driving unsupervised after 9:00 p.m. on a junior license?](https://groupiehead7.com/faq-items/can-my-teen-be-ticketed-for-driving-unsupervised-after-900-p-m-on-a-junior-license/) - Yes. New York State has strict laws for junior license drivers. They cannot drive unsupervised between the hours of 9:00 p.m. and 5:00 a.m.
- [Can my teen be ticketed if driving unsupervised after 9:00 p.m. (or before 5:00 a.m.) on a junior license to or from their school’s awards ceremony, sporting or club event, prom, or graduation?](https://groupiehead7.com/faq-items/can-my-teen-be-ticketed-if-driving-unsupervised-after-900-p-m-or-before-500-a-m-on-a-junior-license-to-or-from-their-schools-awards-ceremony-sporting-or-club-event-prom-or-graduation/) - Yes, they can. The only school function for which they can drive unsupervised during this time period is a class that is required and for which they earn credit. https://www.tiktok.com/@lawyergeorge/video/7366782914102611242?is_from_webapp=1&sender_device=pc&web_id=7293529820113045035
- [What are the penalties for using a cell phone or texting as a junior driver if found guilty?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-using-a-cell-phone-or-texting-as-a-junior-driver-if-found-guilty/) - The first conviction for using a cell phone or texting will result in a suspension of your driver’s license for 120 days. A second conviction within six months of the restoration of your license will result in a revocation of one year or more.
- [Can I drive unsupervised throughout New York State with a junior license?](https://groupiehead7.com/faq-items/can-i-drive-unsupervised-throughout-new-york-state-with-a-junior-license/) - No. You can drive unsupervised only within the region in which you received your junior license.
- [Are there different license restrictions for driving with a junior license or permit in New York City (all five boroughs) or Long Island?](https://groupiehead7.com/faq-items/are-there-different-license-restrictions-for-driving-with-a-junior-license-or-permit-in-new-york-city-all-five-boroughs-or-long-island/) - Yes, there are! New York City https://dmv.ny.gov/younger-driver/new-york-city-five-boroughs-junior-license-restriction-0 Long Island (Nassau and Suffolk Counties) https://dmv.ny.gov/younger-driver/long-island-nassau-suffolk-junior-driver-license-restrictions
- [What types of bus crashes can occur?](https://groupiehead7.com/faq-items/what-types-of-bus-crashes-can-occur/) - Bus accidents can occur in a variety of ways. Some common types of bus accidents include: Bus Rollovers Head-on Collisions Rear-end Collisions Pedestrian Accidents
- [What could I be charged with if I pick up someone who crossed the border illegally?](https://groupiehead7.com/faq-items/what-could-i-be-charged-with-if-i-pick-up-someone-who-crossed-the-border-illegally/) - There could be many charges if you pick up someone who crossed the border illegally, however the main charge you would expect is an allegation that you violated 8 U.S.C. 1324, which criminalizes transporting or moving someone who crossed illegally.
- [What are the elements, or what does the government have to prove, to convict me of transporting illegal aliens?](https://groupiehead7.com/faq-items/what-are-the-elements-or-what-does-the-government-have-to-prove-to-convict-me-of-transporting-illegal-aliens/) - First, the government would have to show that one or more people entered illegally. Second, that you either knew or recklessly disregarded the fact that they entered illegally. Third, that you transported them inside the U.S. (picked them up in a car). And fourth, that you acted willfully in a manner that furthered their illegal
- [How serious is being charged with transporting undocumented immigrants? Will I go to prison?](https://groupiehead7.com/faq-items/how-serious-is-being-charged-with-transporting-undocumented-immigrants-will-i-go-to-prison/) - Potentially, yes. This crime is a felony. There are various aggravating factors that will play into your case. Beyond the monetary element mentioned above, any of the following can affect you: How many undocumented aliens is it alleged were in your vehicle? Did anyone suffer a physical or serious physical injury or was anyone’s life
- [How much prison time am I facing?](https://groupiehead7.com/faq-items/how-much-prison-time-am-i-facing/) - In the event you are charged with the least serious circumstances, generally this is your first offense, no one got hurt, and it was only one or two illegal aliens, your case will likely have a five (5) year maximum sentence, or ten (10) if done for financial gain. Thankfully there is no mandatory minimum
- [If I am facing a charge with a mandatory minimum sentence, is there a way to avoid prison?](https://groupiehead7.com/faq-items/if-i-am-facing-a-charge-with-a-mandatory-minimum-sentence-is-there-a-way-to-avoid-prison/) - If at the very end of the day, you are going to be sentenced for such a case, then no, the Judge is required to sentence you to at least the minimum. However, there are ways to potentially avoid a mandatory minimum sentence prior. This is why getting a good defense attorney as soon as
- [What should I do when I am arrested?](https://groupiehead7.com/faq-items/what-should-i-do-when-i-am-arrested/) - Do not waive any of your rights. Law enforcement, border patrol, or others may try to speak with you, try to gain confessions to key facts or elements, and most importantly may try to get consent to search you or your property – most importantly your cell phone. Invoke your right to remain silent and
- [I did not know the people I picked up were here illegally, can I still be charged?](https://groupiehead7.com/faq-items/i-did-not-know-the-people-i-picked-up-were-here-illegally-can-i-still-be-charged/) - This is one of the most common issues these cases present. You can be convicted for this crime if you “knew or recklessly disregarded the fact” that the people you picked up were here illegally. So even if you truly did not know, if there are facts and circumstances that make a reasonable person (like
- [Do I need a personal injury attorney?](https://groupiehead7.com/faq-items/do-i-need-a-personal-injury-attorney/) - If you have suffered injuries following an accident and someone else is at least partially responsible for your injuries, it is generally advisable to seek legal representation. Following an accident a personal injury lawyer will gather evidence, including video, photographic and witness information, as well as medical proof to build a case against the other
- [Will you be the only attorney working on my case?](https://groupiehead7.com/faq-items/will-you-be-the-only-attorney-working-on-my-case-2/) - At LaMarche Safranko Law, we take pride in our collaborative approach to handling personal injury cases. When you choose our firm, your case will be assigned to one of our partners and a paralegal, ensuring that you have at least two points of contact within our team. This system enables us to provide comprehensive support
- [How can I get the best outcome in my personal injury case?](https://groupiehead7.com/faq-items/how-can-i-get-the-best-outcome-in-my-personal-injury-case/) - In order to get the best outcome in your personal injury case it is crucial that you take care of your health and well-being by promptly seeking medical attention for your injuries and following your healthcare provider’s advice. You should keep records of all medical treatment and expenses and document your recovery by taking photographs,
- [What should I bring to my initial meeting with my personal injury lawyer?](https://groupiehead7.com/faq-items/what-should-i-bring-to-my-initial-meeting-with-my-personal-injury-lawyer/) - When meeting with a personal injury lawyer for the first time, it’s helpful to bring any information related to your case such as the accident report if you have it, copies of any medical records in your possession, photographs of the scene or of your injuries, your own automobile and health insurance information, as well
- [Should I talk to my insurance company before calling my lawyer?](https://groupiehead7.com/faq-items/should-i-talk-to-my-insurance-company-before-calling-my-lawyer/) - While it is generally acceptable to speak to your own insurance company following an accident, you should not speak to any other insurance companies following an incident. However, if you have any concerns about speaking to anyone, you should contact a personal injury lawyer who can explain your rights when dealing with insurance matters. https://youtu.be/v-I6GMkHyjI
- [How often should I hear from my personal injury lawyer handling my case?](https://groupiehead7.com/faq-items/how-often-should-i-hear-from-my-personal-injury-lawyer-handling-my-case/) - There is no set formula for how often you will hear from your injury lawyer, however the key to a successful attorney-client relationship is communication. Your personal injury should be responsive to your questions and should get to know you and the impact this injury has had on your life. You should also expect to
- [Is there anything that I can do that will harm my case while it is pending?](https://groupiehead7.com/faq-items/is-there-anything-that-i-can-do-that-will-harm-my-case-while-it-is-pending/) - Yes. If you fail to follow the doctors’ advice and if you participate in activities that are going to make your medical condition worse, these are the types of things that will harm your personal injury case. Also, posting activities on social media that are inconsistent with your injuries is also going to be harmful
- [Who is liable in a boating accident?](https://groupiehead7.com/faq-items/who-is-liable-in-a-boating-accident/) - The answer to who is liable will depend on who caused the injuries. New York law recognizes that in many instances there is more than one person who was at fault and therefore a lawsuit can include multiple individuals who are at fault. It is also important to consider whether the injured person was at
- [Is it worth getting a boating accident lawyer?](https://groupiehead7.com/faq-items/is-it-worth-getting-a-boating-accident-lawyer/) - Not every boating accident in New York requires a personal injury lawyer. However, if you or a family member suffered an injury in a boating accident in New York, you should speak to an experienced boating injury lawyer who can assess your case and determine if a lawsuit should be filed.
- [What is a good settlement in a boating accident case?](https://groupiehead7.com/faq-items/what-is-a-good-settlement-in-a-boating-accident-case/) - The amount of money obtained in a boating accident settlement will depend on the seriousness of your injuries, the impact of those injuries on your life, the impact of the injuries on your ability to work and the costs incurred because of those injuries. It is also important to consider who is at fault in
- [Can I claim compensation even if I am at fault in a boating accident case?](https://groupiehead7.com/faq-items/can-i-claim-compensation-even-if-i-am-at-fault-in-a-boating-accident-case/) - Yes. In New York, even if you are partially at fault, you may bring a lawsuit against other people who are also responsible for causing your injuries. You should contact a personal injury lawyer that handles boating accident cases for a free case evaluation.
- [What type of claim would a boating accident lawyer handle?](https://groupiehead7.com/faq-items/what-type-of-claim-would-a-boating-accident-lawyer-handle/) - The types of claims that a boating accident lawyer will pursue can vary. Some of the most common boating accident claims include: a collision between two or more motorized vessels A collision between a motorized boat and a kayak or rowboat Injuries to water skiers and swimmers who have been struck by a boat Injuries
- [How do I find the best boating accident lawyer near me?](https://groupiehead7.com/faq-items/how-do-i-find-the-best-boating-accident-lawyer-near-me/) - After a serious boating accident, you should contact a lawyer who practices boating and personal injury law in New York. The attorney should have the resources to take on your case, and the knowledge and experience to apply the law to the facts of your case. Your lawyer should meet with you and listen to
- [What special requirements apply to buses and limos?](https://groupiehead7.com/faq-items/what-special-requirements-apply-to-buses-and-limos/) - In New York, the operators of passenger vehicles such as buses and limousines must comply with state specific registration requirements. These vehicles often have several passengers who do not have access to seatbelts, are not wearing a seatbelt, and are without the protection of an airbag, making any collision particularly dangerous. The weight and size
- [If I am injured in a limousine or bus accident, who is responsible?](https://groupiehead7.com/faq-items/if-i-am-injured-in-a-limousine-or-bus-accident-who-is-responsible/) - When a tragedy occurs in a bus or a limousine it is important for a personal injury lawyer who handles limousine or bus crash cases to examine all theories of liability against any potential defendant. There are many entities that may be responsible for your injuries including: The company that owned and operated the bus
- [How do I receive compensation for my injuries or the death of a loved one if the injury happens because of a bus or a limousine crash?](https://groupiehead7.com/faq-items/how-do-i-receive-compensation-for-my-injuries-or-the-death-of-a-loved-one-if-the-injury-happens-because-of-a-bus-or-a-limousine-crash/) - To receive compensation for personal injuries or wrongful death, the plaintiff has the burden of proving that the defendant was negligent or failed to act in a reasonably prudent manner. Your bus or limousine crash attorney will build a case that shows how the defendant’s conduct was a substantial factor in causing your injuries or
- [How much time do I have to pursue a claim against a bus or limousine company?](https://groupiehead7.com/faq-items/how-much-time-do-i-have-to-pursue-a-claim-against-a-bus-or-limousine-company/) - Generally, in New York, the time to bring a claim against a privately owned bus or limousine company is 3 years from the date of the accident. However, modes of public transportation are different than other common carriers because they are often run by government entities like a transit authority or school district, rather than
- [Should I retain an injury lawyer who has experience handling bus or limousine crashes?](https://groupiehead7.com/faq-items/should-i-retain-an-injury-lawyer-who-has-experience-handling-bus-or-limousine-crashes/) - Yes. It is always in your best interests to retain a personal injury lawyer who has experience handling claims similar to yours.
- [Have laws in New York been passed to increase the available insurance coverage in limousine crash cases?](https://groupiehead7.com/faq-items/have-laws-in-new-york-been-passed-to-increase-the-available-insurance-coverage-in-limousine-crash-cases/) - Yes. Effective January 2020 a law took effect which increases the coverage requirement for certain for-hire motor vehicles including stretch limousines. The combined single limit of insurance coverage available for an injury in a limousine crash where the limousine involves seating 8 or more passengers for hire is now $1,500,000. This type of policy covers
- [What are tax crimes and frauds?](https://groupiehead7.com/faq-items/what-are-tax-crimes-and-frauds/) - Tax offenses, like other types of white-collar crime typically involve non-violent, financially motivated decisions. Tax violations may involve any number of crimes including failing to file a tax return, falsifying information on a tax return, failing to report total income, selling untaxed goods, criminal tax fraud, schemes to defraud including material fraudulent representations, and hiding
- [Are tax cases handled differently in federal and state courts?](https://groupiehead7.com/faq-items/are-tax-cases-handled-differently-in-federal-and-state-courts/) - Yes. Although New York State and Federal prosecutions have similar components, federal matters focus on your federal tax consequences and liabilities while New York has jurisdiction only over your New York state tax return. It is possible that one of your returns was proper whereas the other was not. If both have alleged improper information,
- [What happens if I do not file tax returns?](https://groupiehead7.com/faq-items/what-happens-if-i-do-not-file-tax-returns/) - In New York, you would likely be contacted by the Department of Taxation and Finance or Internal Revenue Service. It is uncommon for the state to immediately file criminal charges and seek seizure or garnishing of wages. In certain cases, New York law allows for the filing, or in relevant circumstances refiling, of past years’
- [When can I be charged with a tax crime?](https://groupiehead7.com/faq-items/when-can-i-be-charged-with-a-tax-crime/) - Usually, tax crimes come in the form of intentionally acting in a way to avoid paying your taxes. This may include false information in your returns, under-reporting income, or not reporting any specific source of income. It also covers inflating legitimate deductions or falsifying one or more deductions completely. It is also a tax crime
- [What can I expect if I receive a tax audit?](https://groupiehead7.com/faq-items/what-can-i-expect-if-i-receive-a-tax-audit/) - Being selected for a tax audit does not automatically mean the government intends to charge you criminally, or even that they have uncovered any wrongdoing. However, even minor, or innocent mistakes can cause problems when uncovered during an audit. Usually audits are done either through the mail, or in-person at your home or business. Mail
- [Should I hire an attorney if I am audited?](https://groupiehead7.com/faq-items/should-i-hire-an-attorney-if-i-am-audited/) - Possibly. Even if you do not believe you did anything improper, any mistake the audit uncovers could potentially result in serious consequences. Therefore, you should consult with a criminal lawyer who handles tax cases who can talk with you and provide advice and guidance. It is also important to work with an experienced Certified Public
- [Can I be charged criminally if my business files payroll taxes erroneously?](https://groupiehead7.com/faq-items/can-i-be-charged-criminally-if-my-business-files-payroll-taxes-erroneously/) - Yes. Although an investigation may start as a civil inquiry, if any criminal conduct is identified you may be charged with a crime. If you are convicted of a crime, you face monetary penalties in addition to incarceration and a criminal record.
- [If I am charged with a tax crime, can the matter be resolved without a criminal conviction?](https://groupiehead7.com/faq-items/if-i-am-charged-with-a-tax-crime-can-the-matter-be-resolved-without-a-criminal-conviction/) - Perhaps. In many instances, criminal investigations can resolve by reaching a negotiated settlement to avoid criminal prosecution. If a settlement is reached, you can be ordered to stop performing a certain action or pay penalties, interest, and other monetary damages.
- [Can I go to jail or prison for a tax crime?](https://groupiehead7.com/faq-items/can-i-go-to-jail-or-prison-for-a-tax-crime/) - Yes. The prosecutor and the Judge will consider the seriousness of the tax evasion, the amount of money owed, your ability to repay the taxes, penalties, and interest and any other history you have. For these reasons, it is important to work with a criminal defense lawyer who handles tax prosecutions and an accountant as
- [What is the statute of limitations for a tax crime?](https://groupiehead7.com/faq-items/what-is-the-statute-of-limitations-for-a-tax-crime/) - In New York, any felony, including tax crimes, has a statute of limitations of five (5) years. Federally, the statute of limitations is six (6) years. Usually, the time begins to run after the last criminal act took place, which in many cases may be the filing of the return itself.
- [I did not personally submit the false return; can I still be liable?](https://groupiehead7.com/faq-items/i-did-not-personally-submit-the-false-return-can-i-still-be-liable/) - Yes. Aiding or assisting in a false tax return does not require being the last person to file it with the government. Others who may still be liable for improper returns include: Corporate Officers Corporate Tax Form Preparers Tax Shelters Promoters of not filing taxes Supplier of false information Your spouse
- [Can my spouse be held liable for what is in our joint tax return?](https://groupiehead7.com/faq-items/can-my-spouse-be-held-liable-for-what-is-in-our-joint-tax-return/) - Yes. Your spouse is deemed to know what is submitted on a tax return that is filed jointly. However, if your spouse does not work with the finances or is not aware of any issues or problems with the return, your spouse may be able to claim innocence. If this occurs, the spouse will not
- [If I provide false information on my tax return, what can I be charged with criminally?](https://groupiehead7.com/faq-items/if-i-provide-false-information-on-my-tax-return-what-can-i-be-charged-with-criminally/) - Criminal Tax fraud requires that you have committed a tax fraud act. Fraudulent acts are defined by New York Tax Law §1801 and include the following: Failing to make, render, sign, certify, or file a return. Knowingly submitting a return with materially false or fraudulent information or which omits material information. Knowingly supplying materially false
- [What is the penalty for tax evasion?](https://groupiehead7.com/faq-items/what-is-the-penalty-for-tax-evasion/) - Criminal Tax fraud in the fifth degree is any tax fraud act, of any amount. It is an A misdemeanor, meaning you face up to 1 year in local jail, 3 years of probation, fines, and court fees, as well as restitution in the amount defrauded. Criminal Tax fraud in the fourth degree is any
- [What are the tax crimes I can face?](https://groupiehead7.com/faq-items/what-are-the-tax-crimes-i-can-face/) - New York tax crimes are contained in the Tax Law, generally from §§1801 to 1809. The most common there are Criminal Tax Fraud in the fifth (§1802), fourth (§1803), third (§1804), second (§1805), and first (§1806) degrees. It is also a crime to not file three (3) consecutive years of taxes (§1808). Federal tax crimes
- [What is Course of Sexual Conduct against a child?](https://groupiehead7.com/faq-items/what-is-course-of-sexual-conduct-against-a-child/) - If you are charged with or accused of Course of Sexual Conduct Against a Child, it is important to hire an experienced criminal defense lawyer who will work with you, help you understand the charges or allegations, and will defend you against these very serious accusations. It is crucial that you remain silent in the
- [What is Course of Sexual Conduct Against a Child in the Second Degree in violation of N.Y. Penal Law § 130. 80?](https://groupiehead7.com/faq-items/what-is-course-of-sexual-conduct-against-a-child-in-the-second-degree-in-violation-of-n-y-penal-law-§-130-80/) - Course of Sexual Conduct Against a Child in the Second Degree occurs when over a period of 3 months a person: Engages in 2 or more acts of sexual conduct with a child less than 11 years old; or Is 18 years or older and engages in 2 or more acts of sexual conduct with
- [What is the punishment for Course of Sexual Conduct Against a Child in the Second Degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-course-of-sexual-conduct-against-a-child-in-the-second-degree/) - Up to 7 years in State Prison. Post-Release Supervision between 3 and 10 years Sex Offender Registration. 10 years of Probation. Fines up to $5000. Sex Offender surcharges/fees totaling $1425. Provide a DNA Sample. Pay Restitution. HIV Testing.
- [What is Course of Sexual Conduct Against a Child in the First Degree in violation of N.Y. Penal Law § 130.75?](https://groupiehead7.com/faq-items/what-is-course-of-sexual-conduct-against-a-child-in-the-first-degree-in-violation-of-n-y-penal-law-§-130-75/) - Course of Sexual Conduct Against a Child in the First Degree occurs when over a period of 3 months a person: Engages in 2 or more acts of sexual conduct, and at least 1 of the acts must include sexual intercourse, oral sexual conduct, anal sexual contact, or aggravated sexual contact, with a child less
- [What are the penalties for Course of Sexual Conduct Against a Child in the First Degree?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-course-of-sexual-conduct-against-a-child-in-the-first-degree/) - Up to 25 years in State Prison. Post Release Supervision from 5 to 20 years. Sex Offender Registration. Fines up to $5000. Sex Offender surcharges/fees totaling $1425. Provide a DNA Sample. Pay Restitution. HIV Testing.
- [If I am accused of Course of Sexual Conduct Against a Child, can I also be charged with Rape, Sex Abuse, or Aggravated Sexual Abuse by the same accuser?](https://groupiehead7.com/faq-items/if-i-am-accused-of-course-of-sexual-conduct-against-a-child-can-i-also-be-charged-with-rape-sex-abuse-or-aggravated-sexual-abuse-by-the-same-accuser/) - To be charged with Rape, Sex Abuse, or Aggravated Sexual Abuse, or any other sexual offense your accuser would have to allege another sexual occurrence happened outside the timeframe set forth in the Course of Sexual Conduct charge. Otherwise, those charges are included within the Course of Sexual Conduct charge.
- [If I am convicted of Course of Sexual Conduct Against a Child, will I be required to register as a Sex Offender?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-course-of-sexual-conduct-against-a-child-will-i-be-required-to-register-as-a-sex-offender/) - Yes. If you are convicted for the crime of Course of Sexual Conduct Against a Child, you will be required to register as a sex offender.
- [How long will I have to register as a sex offender if I am convicted of course of sexual conduct against a child?](https://groupiehead7.com/faq-items/how-long-will-i-have-to-register-as-a-sex-offender-if-i-am-convicted-of-course-of-sexual-conduct-against-a-child/) - How long you must register as a sex offender depends on your sex offender level designation. A Level 1 offender will register for 20 years. Level 2 and 3 offenders are required to register for life.
- [Will my Course of Sexual Conduct case go to trial?](https://groupiehead7.com/faq-items/will-my-course-of-sexual-conduct-case-go-to-trial/) - Whether a case proceeds to trial depends on many factors. In a sex case, it is important to understand the evidence against you: including whether there is DNA evidence or other corroborating evidence, whether there are incriminating statements, whether the accuser is credible or has lied in the past. An experienced criminal defense attorney will
- [What is Forcible Touching?](https://groupiehead7.com/faq-items/what-is-forcible-touching/) - If you are accused of a sexual offense such as Forcible Touching you likely have many questions and concerns about what it will mean to your future, your job, and your reputation. Forcible Touching is one of the few sex crimes that is a misdemeanor and not a felony. While still serious, the potential consequences
- [What is Forcible Touching in violation of N.Y. Penal Law § 130.52?](https://groupiehead7.com/faq-items/what-is-forcible-touching-in-violation-of-n-y-penal-law-§-130-52/) - A person is charged with forcible touching when: Such person intentionally and for no legitimate purpose forcibly touches the sexual or other intimate parts of another person to: Degrade or abuse the other individual; or To gratify their own sexual desire. They subject someone to sexual conduct to satisfy their own sexual desire and to
- [Does Forcible Touching include squeezing, grabbing, or pinching?](https://groupiehead7.com/faq-items/does-forcible-touching-include-squeezing-grabbing-or-pinching/) - Yes. For the purposes of the crime of Forcible Touching, squeezing, grabbing, or pinching can result in criminal charges being brought against you.
- [Is Forcible Touching a crime?](https://groupiehead7.com/faq-items/is-forcible-touching-a-crime/) - Yes. Forcible Touching is a crime and is considered a class A misdemeanor.
- [What are the potential penalties for Forcible Touching?](https://groupiehead7.com/faq-items/what-are-the-potential-penalties-for-forcible-touching/) - If you plead guilty to or are convicted of Forcible Touching, you face the following penalties: Up to 1 year in Jail. Potential Sex Offender Registration. Up to 6 years of Probation. Fines up to $1000. If relevant, Sex Offender surcharges/fees totaling $1375. DNA Sample.
- [If I am convicted of Forcible Touching, will I need to register as a Sex Offender?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-forcible-touching-will-i-need-to-register-as-a-sex-offender/) - The answer depends on the allegations of your charge. You will be required to register as a Sex Offender if the victim is less than 18 years of age, if you have a prior sex offense conviction, had a prior Forcible Touching conviction, or a conviction for Sex Abuse in the Third Degree. If none
- [Do I need a lawyer if I am charged with Forcible Touching?](https://groupiehead7.com/faq-items/do-i-need-a-lawyer-if-i-am-charged-with-forcible-touching/) - Yes. New York State law mandates that any person charged with a crime must have a lawyer represent and defend them. If you cannot afford a lawyer, the Court will appoint one for you.
- [Do I need to be charged with a crime to hire a lawyer?](https://groupiehead7.com/faq-items/do-i-need-to-be-charged-with-a-crime-to-hire-a-lawyer/) - No. You can hire a lawyer at any time. It is always in your best interest to contact an experienced criminal defense lawyer who has handled similar cases as soon as there are any allegations against you. Your criminal defense lawyer may be able to prevent charges from being brought and can ensure that you
- [If I walk by someone and accidentally touch them on their breast, will I be charged with Forcible Touching?](https://groupiehead7.com/faq-items/if-i-walk-by-someone-and-accidentally-touch-them-on-their-breast-will-i-be-charged-with-forcible-touching/) - No. To be charged with Forcible Touching, you must intentionally and for no legitimate purpose touch someone inappropriately/in a sexual manner. Under this scenario, an accidental brushing would not constitute a crime.
- [Does my Forcible Touching Case have to go to trial?](https://groupiehead7.com/faq-items/does-my-forcible-touching-case-have-to-go-to-trial/) - A case does not have to go to trial unless the person accused of the crime decides they want to go to trial or a prosecutor refuses to enter plea bargain negotiations. The decision to proceed to trial must be made by the person charged with a crime. This decision should be based upon a
- [What is sexual intercourse?](https://groupiehead7.com/faq-items/what-is-sexual-intercourse/) - Sexual intercourse means any penetration of the penis into the vagina. It is considered sexual intercourse if any penetration occurs, however slight, including very minor or negligible.
- [What is oral sexual conduct?](https://groupiehead7.com/faq-items/what-is-oral-sexual-conduct/) - Oral sexual conduct is any contact between people involving the mouth and penis, the mouth and anus, or the mouth and vagina or vulva.
- [What is anal sexual conduct?](https://groupiehead7.com/faq-items/what-is-anal-sexual-conduct/) - Anal sexual conduct is contact between two people involving the touching of the penis and anus.
- [What is sexual contact?](https://groupiehead7.com/faq-items/what-is-sexual-contact/) - Sexual contact is the touching of sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. Sexual contact includes having a victim touch the person charged, or the person charged touching another individual. The touching can be under or over clothes.
- [What is forcible compulsion?](https://groupiehead7.com/faq-items/what-is-forcible-compulsion/) - Forcible compulsion means to intentionally compel by (1) use of physical force or (2) by a threat, express or implied, which places a person in fear of immediate death or physical injury to themselves or another person, or fear that they or another person will immediately be kidnapped.
- [What is lack of consent?](https://groupiehead7.com/faq-items/what-is-lack-of-consent/) - In New York, lack of consent occurs when any of these facts exist or occurs: Not having permission for the sexual act to occur, including but not limited to, being told “no”. Individuals under the age of 17 are incapable of consenting to sexual intercourse. Forcible compulsion. Mentally Disabled. Mentally Incapacitated. Physically helpless. An inmate
- [What is mentally disabled?](https://groupiehead7.com/faq-items/what-is-mentally-disabled/) - Mentally disabled means a person has a mental disease or defect which does not allow them to understand their conduct.
- [What is mentally incapacitated?](https://groupiehead7.com/faq-items/what-is-mentally-incapacitated/) - Mentally incapacitated means a person does not have the ability to consent to a sexual act based on being involuntarily drugged.
- [What is physically helpless?](https://groupiehead7.com/faq-items/what-is-physically-helpless/) - Physically helpless means to be unconscious or not able to communicate an unwillingness to act.
- [What is a foreign object?](https://groupiehead7.com/faq-items/what-is-a-foreign-object/) - A foreign object is any instrument or article which can cause injury when inserted in the vagina, urethra, penis, rectum, or anus.
- [What is Aggravated Sexual Contact?](https://groupiehead7.com/faq-items/what-is-aggravated-sexual-contact/) - Aggravated Sexual contact means an injury caused by inserting a foreign object in the vagina, urethra, penis, rectum, or anus of a child.
- [What is the Sex Offender Registration Act?](https://groupiehead7.com/faq-items/what-is-the-sex-offender-registration-act/) - The Sex Offender Registration Act mandates that people convicted of Sex Offenses notify the State and local law enforcement regarding where they live, work, and internet accounts. The Sex Offender registry contains the name, age, photograph, home and work addresses, and a list of convictions that mandate the registration. Most sex offenses or sexually related
- [Do I have to register as sex offender while my case is pending?](https://groupiehead7.com/faq-items/do-i-have-to-register-as-sex-offender-while-my-case-is-pending/) - No. The Sex Offender Registration Act only requires those convicted of a crime to register as s sex offender?
- [How long does a person have to register as a sex offender?](https://groupiehead7.com/faq-items/how-long-does-a-person-have-to-register-as-a-sex-offender/) - The answer depends on the classification level of the sex offender. A Level 1 (low risk of re-offense) offender is required to register for 20 years. Level 2 (medium risk of re-offense) and 3 (high risk of re-offense) offenders are required to register for life.
- [Can I find all Sex Offenders online?](https://groupiehead7.com/faq-items/can-i-find-all-sex-offenders-online/) - No. Level 1 offenders are not listed on the online directory. Level 2 and Level 3 Offenders are listed online.
- [Can I request that my sex offense risk level and designation determination be reduced?](https://groupiehead7.com/faq-items/can-i-request-that-my-sex-offense-risk-level-and-designation-determination-be-reduced/) - Yes. You can petition to have your designation level reduced. It is best to contact an experienced criminal defense attorney who handles Sex Offenses to help with your modification petition. To be successful, treatment records, employment history, rehabilitation, and return to community activities are important.
- [What are the mandatory surcharges for convictions on sex charges?](https://groupiehead7.com/faq-items/what-are-the-mandatory-surcharges-for-convictions-on-sex-charges/) - Sex charge convictions carry mandatory fees and surcharges totaling $1,425. These are broken down as follows: $300 mandatory surcharge (unless restitution has been paid); $25 crime victim assistance fee; $50 DNA Databank fee; $50 Sex Offender Registration Act Fee; $1,000 Supplemental sex offender victim fee. These fees and surcharges are in addition to any fine
- [If I am convicted of a sex offense, will I have to provide a DNA Sample?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-a-sex-offense-will-i-have-to-provide-a-dna-sample/) - Yes. Under New York State Law, if you are convicted of a penal law misdemeanor or felony, you are required to provide a DNA sample that will be added to the DNA databank.
- [How is a DNA Sample taken?](https://groupiehead7.com/faq-items/how-is-a-dna-sample-taken-2/) - Providing a DNA sample is an easy process and is required for any conviction of a crime in New York State. A DNA sample is taken by either a probation officer or law enforcement. A small q-tip like swab is placed inside your mouth and rubbed against your cheek for a few seconds. Giving a
- [Where is my DNA sample sent?](https://groupiehead7.com/faq-items/where-is-my-dna-sample-sent/) - This sample is provided to the New York State DNA Databank, where your DNA profile is extracted and saved. It may then be compared to DNA evidence that is collected at another crime scene where there is a question as to who the DNA at that crime scene belongs to. DNA evidence can be used
- [What should I do if someone calls or contacts me on social media and accuses me of a sex crime?](https://groupiehead7.com/faq-items/what-should-i-do-if-someone-calls-or-contacts-me-on-social-media-and-accuses-me-of-a-sex-crime/) - The best answer is to remain silent and to contact and experienced criminal defense lawyer who handles cases for people accused with committing a sexually related crime. Your initial reaction will always be to speak to your accuser or the police. One word, out of context, can be disastrous for you. Law enforcement will often
- [What is a Sexually Motivated Felony?](https://groupiehead7.com/faq-items/what-is-a-sexually-motivated-felony/) - A sexually motivated felony occurs when a specified offense is committed for the direct sexual gratification of the actor. Specified offenses can range from assault to child pornography offenses. Sexually Motivated Offenses are deemed violent felony offenses.
- [What are the consequences if I am convicted of a Sexually Motivated Felony?](https://groupiehead7.com/faq-items/what-are-the-consequences-if-i-am-convicted-of-a-sexually-motivated-felony/) - If you are convicted of a Sexually Motivated Felony, your conviction will now be considered a violent felony offense and subject you to increased incarceration, post-release supervision, and the potential to be disqualified from many programs/opportunities in Prison.
- [What are the penalties for Boating While Intoxicated?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-boating-while-intoxicated/) - Under §49-a(2)(b) and §49-a(2)(d) of the Navigation Law, Boating While Intoxicated is a misdemeanor punishable by up to 1 year in jail, and a fine of up to $1,000. Additionally, the court may suspend a vessel registration for twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose a
- [What if I am charged with a second Boating While Intoxicated (BWI) charge?](https://groupiehead7.com/faq-items/what-if-i-am-charged-with-a-second-boating-while-intoxicated-bwi-charge/) - A second conviction for BWI within a 10-year period is a class E felony punishable by a term of imprisonment up to 4 years as well as a maximum fine of $5000 and a suspension of a vessel registration.
- [What are the consequences if I am convicted of Boating while Impaired by alcohol (BWAI)?](https://groupiehead7.com/faq-items/what-are-the-consequences-if-i-am-convicted-of-boating-while-impaired-by-alcohol-bwai/) - Boating while ability impaired is a non-criminal offense pursuant to Navigation Law §49-a(2)(a). If you are convicted of BWAI, you face a fine of up to $500 and up to 15 days in jail. Additionally, a court may suspend a vessel registration for up to twelve months. The boater must also complete a boating safety
- [What if I am charged with a second Boating While Ability Impaired by alcohol (BWAI) charge?](https://groupiehead7.com/faq-items/what-if-i-am-charged-with-a-second-boating-while-ability-impaired-by-alcohol-bwai-charge/) - If you are charged with BWAI and have a previous BWAI within the previous five years you face a fine of up to $750 and a jail term of up to 30 days. Additionally, a court may suspend a vessel registration for up to twelve months. You also face and additional NYS DMV driver assessment
- [How do the police prove I am intoxicated?](https://groupiehead7.com/faq-items/how-do-the-police-prove-i-am-intoxicated/) - If your blood alcohol content is at or above .08, you are intoxicated in the eyes of the law. If there is no blood or breath test, intoxication is determined based on whether you are incapable, to a substantial extent, of employing the physical and mental abilities which you are expected to possess in order
- [If there is no breath test, how can they prove I was drunk?](https://groupiehead7.com/faq-items/if-there-is-no-breath-test-how-can-they-prove-i-was-drunk/) - The law does not require any chemical or physical test to prove that a person is intoxicated. Rather, to determine whether a person is intoxicated, a jury, judge, police officer and prosecutor can consider all the surrounding facts and circumstances, including, for example: the defendant’s physical condition and appearance. the defendant’s balance, coordination, and manner
- [At what blood alcohol level can I be charged with boating while intoxicated?](https://groupiehead7.com/faq-items/at-what-blood-alcohol-level-can-i-be-charged-with-boating-while-intoxicated/) - If your blood alcohol content is at or above .08, you can be charged with boating while intoxicated. However, even without a blood alcohol level, if there is evidence you are intoxicated, you may still be charged with BWI.
- [What does it mean to be impaired by alcohol?](https://groupiehead7.com/faq-items/what-does-it-mean-to-be-impaired-by-alcohol/) - You are impaired to operate a vessel or vehicle when your blood alcohol content is either .06 or .07 or your physical and mental abilities are impaired, to any extent, by the consumption of alcohol.
- [At what blood alcohol level can I be charged with boating while ability impaired (BWAI)?](https://groupiehead7.com/faq-items/at-what-blood-alcohol-level-can-i-be-charged-with-boating-while-ability-impaired-bwai/) - A blood alcohol content of .06 or .07 is evidence that are impaired by the consumption of alcohol.
- [What are the penalties for boating while impaired by a drug?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-boating-while-impaired-by-a-drug/) - Under §49-a(2)(e) of the Navigation Law, Boating While Impaired by a drug is a misdemeanor punishable by up to 1 year in jail, and a fine of up to $1,000. Additionally, the court may suspend a vessel registration for twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose
- [What if I am charged with Boating while under the influence of a drug a second time?](https://groupiehead7.com/faq-items/what-if-i-am-charged-with-boating-while-under-the-influence-of-a-drug-a-second-time/) - A second conviction for boating while ability is impaired by a drug within a 10-year period is a class E felony punishable by a term of imprisonment up to 4 years as well as a maximum fine of $5000 and a suspension of a vessel registration. The boater must also complete a boating safety course.
- [Will my boating license be suspended while my case is pending for a charge of BWI?](https://groupiehead7.com/faq-items/will-my-boating-license-be-suspended-while-my-case-is-pending-for-a-charge-of-bwi/) - Maybe. In limited circumstances, pending the outcome of a case, the court may suspend your right to operate a vessel if you are charged with either 1. assault in the second degree or 2. manslaughter in the second degree.
- [How much can I drink and not be considered drunk/intoxicated?](https://groupiehead7.com/faq-items/how-much-can-i-drink-and-not-be-considered-drunk-intoxicated/) - In New York, evidence that a person’s blood alcohol content (BAC) was .05 or less is evidence that the ability of such person to operate a vessel or a vehicle was not impaired by the consumption of alcohol, and that such person was not in an intoxicated condition.
- [What are the penalties if I drive a boat after my boating license was suspended for boating while intoxicated (BWI)?](https://groupiehead7.com/faq-items/what-are-the-penalties-if-i-drive-a-boat-after-my-boating-license-was-suspended-for-boating-while-intoxicated-bwi/) - If you are caught operating a boat after your boating license is suspended because of a boating while intoxicated conviction, you will be charged with the non-criminal offense of operating with a suspended license. If you are convicted of this offense you face a fine of up to $750 and/or a period of incarceration of
- [How much trouble am I in if I drive a boat drunk after my boating license is suspended for boating while intoxicated (BWI)?](https://groupiehead7.com/faq-items/how-much-trouble-am-i-in-if-i-drive-a-boat-drunk-after-my-boating-license-is-suspended-for-boating-while-intoxicated-bwi/) - If you operate a boat in an intoxicated condition while your boating license is suspended because of a BWI or BWAI, you face a misdemeanor charge for operating with a suspended license. A conviction for this offense carries a fine of up to $5,000 and up to 1 year in jail. Of course, you will
- [What if I refuse to take a breath test while boating?](https://groupiehead7.com/faq-items/what-if-i-refuse-to-take-a-breath-test-while-boating/) - If you refuse to take a breath test your boating license will initially be suspended for 15 days during which a hearing will be conducted to determine whether you refused to take the chemical test. At a hearing, a judge must determine the following: Did the officer have reasonable cause to believe you were under
- [If I am convicted of Boating While Intoxicated, will it impact my driver’s license?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-boating-while-intoxicated-will-it-impact-my-drivers-license/) - No. If you lose your boating license because of a BWI or BWAI, only your license to operate a vessel will be impacted. A BWI or a BWAI will have no consequences on your ability to drive a motor vehicle.
- [What are the consequences if I injure someone while boating under the influence?](https://groupiehead7.com/faq-items/what-are-the-consequences-if-i-injure-someone-while-boating-under-the-influence/) - If you cause an injury to someone and are charged with boating while intoxicated, you may be charged with assault. The significance of the injuries caused, and the circumstances of the arrest will determine how serious the charge is. You should contact a criminal defense lawyer that handles boating while intoxicated and assault charges if
- [What are the penalties if I kill someone while boating while intoxicated?](https://groupiehead7.com/faq-items/what-are-the-penalties-if-i-kill-someone-while-boating-while-intoxicated/) - If you are boating while intoxicated and recklessly cause the death of another person, you may be charged with manslaughter in the 2nd degree, a class C felony. If convicted of manslaughter in the 2nd degree you face between 5 and 15 years in prison. You may also be charged with criminally negligent homicide, if,
- [What does it mean if I have been charged with Reckless Endangerment?](https://groupiehead7.com/faq-items/what-does-it-mean-if-i-have-been-charged-with-reckless-endangerment/) - In New York State, there are two different types of Reckless Endangerment charges contained in the New York State penal code. The first is Reckless Endangerment in the 2nd Degree, a Class “A” misdemeanor under New York Penal Law §120.20. The second is Reckless Endangerment in the 1st Degree, a Class “D” felony under New
- [What is Reckless Endangerment in the 2nd Degree (New York Penal Law §120.20)?](https://groupiehead7.com/faq-items/what-is-reckless-endangerment-in-the-2nd-degree-new-york-penal-law-§120-20/) - A person is guilty of reckless endangerment in the second degree when he or she “recklessly” engages in conduct which creates a “substantial risk” of “serious physical injury” to another person. Examples include driving at high speeds through a residential area, or throwing a bottle out of a window in a high rise apartment building.
- [What does “serious physical injury” mean?](https://groupiehead7.com/faq-items/what-does-serious-physical-injury-mean/) - Serious physical injury is defined as an impairment of a person’s physical condition which creates A substantial risk of death Causes death Causes serious and protracted disfigurement Protracted impairment of health Protracted loss or impairment of the function of any bodily organ There are only two types of injuries in New York law, “serious physical
- [What does “depraved indifference to human life” mean?](https://groupiehead7.com/faq-items/what-does-depraved-indifference-to-human-life-mean/) - This refers to a person’s state of mind. A person has a depraved indifference to human life when that person has an utter disregard for the value of human life, i.e. a willingness to act, not because he or she means to cause grievous harm, but because he or she simply does not care whether
- [What if I was intoxicated and charged with Reckless Endangerment?](https://groupiehead7.com/faq-items/what-if-i-was-intoxicated-and-charged-with-reckless-endangerment/) - A special jury instruction exists with respect to Reckless Endangerment cases when an individual is voluntarily intoxicated. Voluntary intoxication means that the individual became intoxicated of their own volition and not by force or involuntarily at the hand of another. A person can still act recklessly when he or she creates a substantial risk of
- [Who is the best criminal defense attorney for a charge of Reckless Endangerment?](https://groupiehead7.com/faq-items/who-is-the-best-criminal-defense-attorney-for-a-charge-of-reckless-endangerment/) - When determining the best criminal defense attorney for you, there are several factors that you should consider and discuss with any potential attorney. Experience- you should know whether your attorney has experience handling misdemeanors and felony charges, specifically for reckless endangerment. Availability- you should know that the attorney has the time to invest in your
- [What are possible defenses to Reckless Endangerment?](https://groupiehead7.com/faq-items/what-are-possible-defenses-to-reckless-endangerment/) - For a full list of possible defenses, see Defenses in Criminal Cases.
- [If I am charged with Reckless Endangerment, will I have to go to trial or should I take a plea bargain?](https://groupiehead7.com/faq-items/if-i-am-charged-with-reckless-endangerment-will-i-have-to-go-to-trial-or-should-i-take-a-plea-bargain/) - When an individual is alleged to have committed a crime, the State of New York has the burden of proving to a jury of your peers that you committed the alleged conduct beyond a reasonable doubt. Instead of a trial, a case may resolve by way of a plea bargain. Whether a plea bargain is
- [How much does a criminal defense attorney cost?](https://groupiehead7.com/faq-items/how-much-does-a-criminal-defense-attorney-cost/) - How much it will cost for an attorney to defend you often depends on the unique circumstances and facts of your case. In order to properly defend you, a lawyer must devote many hours of time to your case, understand the facts, research legal issues, communicate with the prosecutor and Court, speak with witnesses, and
- [How serious of a crime is selling drugs?](https://groupiehead7.com/faq-items/how-serious-of-a-crime-is-selling-drugs/) - Drug sale crimes can carry penalties that are significantly harsher than drug possession crimes. Additionally, the type of drug you are alleged to have sold, can also have significant consequences. For example, if you sell ounces or even pounds of marijuana, you face a penalty that is significantly less than if you sell only grams
- [What is criminally negligent homicide?](https://groupiehead7.com/faq-items/what-is-criminally-negligent-homicide/) - Criminally negligent homicide is a crime charged when a person causes the death of a person while acting with criminal negligence. There are many instances when an individual can be charged with this type of offense including when a death is caused to another person by: speeding and driving dangerously; using drugs and operating a
- [What is criminally negligent homicide in violation of New York Penal Law § 125.10?](https://groupiehead7.com/faq-items/what-is-criminally-negligent-homicide-in-violation-of-new-york-penal-law-§-125-10/) - A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.
- [What is the punishment if I am convicted of criminally negligent homicide?](https://groupiehead7.com/faq-items/what-is-the-punishment-if-i-am-convicted-of-criminally-negligent-homicide/) - Criminally negligent homicide is a class E felony. It is punishable by up to 4 years in state prison, up to 5 years of probation or a combination of jail and probation. You may also be fined up to $5000 and be required to pay a surcharge and crime victim fee of up to $325 or restitution in
- [What is restitution?](https://groupiehead7.com/faq-items/what-is-restitution/) - Restitution is an amount of money a court will order a defendant to pay to a victim of a crime. A New York criminal court may only order payment for the out of pocket losses suffered by the victim of the crime. In criminal court, the amount of restitution cannot include sums for pain and suffering or
- [Can I be convicted of criminally negligent homicide if speeding causes the death of another person?](https://groupiehead7.com/faq-items/can-i-be-convicted-of-criminally-negligent-homicide-if-speeding-causes-the-death-of-another-person/) - Maybe. Courts have held that driving at least 90 MPH in a 55 MPH zone, in addition to other factors, and causing the death of another person are sufficient to support a conviction of criminally negligent homicide. However, proof of speed alone will not support a finding of criminal negligence. It is important to talk
- [Can I be convicted of criminally negligent homicide if I fail to get medical attention for someone who needs it?](https://groupiehead7.com/faq-items/can-i-be-convicted-of-criminally-negligent-homicide-if-i-fail-to-get-medical-attention-for-someone-who-needs-it/) - Maybe. If you owe a duty of care to a person, then you are required to act without criminal negligence. A duty of care may be imposed in many ways including a familial relationship like caring for a child, or employment like a lifeguard. It can also be imposed if you accept a duty. In
- [What is the difference between criminal negligence and negligence?](https://groupiehead7.com/faq-items/what-is-the-difference-between-criminal-negligence-and-negligence/) - A person acts with criminal negligence when that person engages in blameworthy conduct so serious that it creates or contributes to a substantial and unjustifiable risk that another person's death will occur, and when he or she fails to perceive that risk, and when the risk is of such nature and degree that failure to
- [What is aggravated criminally negligent homicide in violation of penal law § 125.11?](https://groupiehead7.com/faq-items/what-is-aggravated-criminally-negligent-homicide-in-violation-of-penal-law-§-125-11/) - A person is guilty of aggravated criminally negligent homicide when, with criminal negligence, he or she causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer
- [What is the punishment if I am convicted of aggravated criminally negligent homicide in violation of penal law § 125.11?](https://groupiehead7.com/faq-items/what-is-the-punishment-if-i-am-convicted-of-aggravated-criminally-negligent-homicide-in-violation-of-penal-law-§-125-11/) - Aggravated criminally negligent homicide is a class C felony and is punishable by up to 20 years in prison. Although a class C felony is typically punishable by up to 15 years in jail, if convicted of this offense, the maximum prison sentence is increased to 20 years. If convicted you may be ordered to
- [What are New York State Drug Sale Crimes?](https://groupiehead7.com/faq-items/what-are-new-york-state-drug-sale-crimes/) - Drug sale crimes can carry penalties that are significantly harsher than drug possession crimes. Additionally, the type of drug you are alleged to have sold, can also have significant consequences. For example, if you sell ounces or even pounds of marijuana, you face a penalty that is significantly less than if you sell only grams
- [How serious is my New York drug charge?](https://groupiehead7.com/faq-items/how-serious-is-my-new-york-drug-charge/) - Drug crimes are broken down into two main categories: possession and sale. Generally speaking, selling a drug is considered more serious than possession. Possession and sale crimes are broken into two more categories: type of drug and quantity. Depending on the type of drug, as well as the quantity of drug, and whether you are
- [How do the police determine the weight of my drug charge?](https://groupiehead7.com/faq-items/how-do-the-police-determine-the-weight-of-my-drug-charge-2/) - For some drugs, the government only has to prove the weight of the substance no matter how much actual “drug” it includes. In other words, if “crack” is made up of cocaine, baking soda, and water, its irrelevant how much of each is included – whatever the “crack” weighs, that is the weight you will
- [Can I be charged with selling drugs if I share drugs with friends?](https://groupiehead7.com/faq-items/can-i-be-charged-with-selling-drugs-if-i-share-drugs-with-friends/) - Yes. In New York, “Sell” means to sell, exchange, give, or dispose of to another. In other words, “giving” a controlled substance to a friend, for no money, is a drug sale in New York. Sharing drugs with friends at a party is a drug sale. While this is rarely the type of case that
- [Can I go to prison if I am charged with selling drugs in New York?](https://groupiehead7.com/faq-items/can-i-go-to-prison-if-i-am-charged-with-selling-drugs-in-new-york/) - Yes. Drug sale charges are broken down into five (5) different categories known as “degrees”. Below is a list of the various drug sale crimes, their elements, and maximum punishments. If you have been charged with any of the offenses listed below, it is important for you to contact a criminal defense lawyer in your
- [What are the penalties for criminal sale of a controlled substance in the fifth degree (CSCS 5th) under penal law section 220.31?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-sale-of-a-controlled-substance-in-the-fifth-degree-cscs-5th-under-penal-law-section-220-31/) - Criminal Sale of a Controlled Substance in the 5th degree is a class D felony. You can be charged with this anytime you knowingly and unlawfully sell a controlled substance. Weights and type of drug is irrelevant here. If the drug fits the definition of a controlled substance, you may be charged with this offense.
- [What are the penalties for criminal sale of a controlled substance in the fourth degree (CSCS 4th) under penal law section 220.34?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-sale-of-a-controlled-substance-in-the-fourth-degree-cscs-4th-under-penal-law-section-220-34/) - Criminal Sale of a Controlled Substance in the 4th degree can be charged when a person knowingly and unlawfully sells any of the following: Any amount of a Narcotic Preparation (Includes Opium-extracts and some other drugs) 10 ounces or more of a dangerous Depressant or 2 pounds or more of a Depressant Any amount of
- [What are the penalties for criminal sale of a controlled substance in the third degree (CSCS 3rd) pursuant to penal law section 220.39?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-sale-of-a-controlled-substance-in-the-third-degree-cscs-3rd-pursuant-to-penal-law-section-220-39/) - Criminal Sale of a Controlled Substance in the 3rd degree has many different subdivisions, but likely will be charged in one of the following circumstances: A substance containing a Narcotic Drug (Heroin, Cocaine; any amount) A substance containing a stimulant (Adderall/Ritalin), hallucinogen (Mushrooms, Peyote), hallucinogenic substance, or Lysergic Acid Diethylamide (LSD/ACID) of any amount when
- [What are the penalties for criminal sale of a controlled substance in the second degree (CSCS 2nd) under penal law section 220.41?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-sale-of-a-controlled-substance-in-the-second-degree-cscs-2nd-under-penal-law-section-220-41/) - CSCS 2nd criminalizes the sale of drugs as follows: ½ ounce or more of a substance containing a narcotic drug; ½ ouch or more of a substance containing methamphetamine; 5 grams or more of a Stimulant; 5 milligrams or more of Lysergic Acid Diethylamide; 125 milligrams of a Hallucinogen; 5 grams or more of a
- [What are the penalties for criminal sale of a controlled substance in the first degree (CSCS 1st) under penal law section 220.43?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-sale-of-a-controlled-substance-in-the-first-degree-cscs-1st-under-penal-law-section-220-43/) - CSCS 1st criminalizes the sale of drugs as follows: 2 ounces or more of a substance containing a narcotic drug; 2,880 milligrams or more of Methadone. CSCS 1st is a class A-I felony. Therefore, prison is mandatory and you face a minimum of 8 and a maximum of 20 years in a state correctional facility
- [If I sold drugs near a school ground, will I face more serious punishment?](https://groupiehead7.com/faq-items/if-i-sold-drugs-near-a-school-ground-will-i-face-more-serious-punishment/) - Yes. If you are alleged to have sold drugs in or near school grounds or to a child, there can be additional charges and punishments. In or near school grounds includes not only schools, but school busses, childcare, and day care. This includes public areas that are within 1,000 feet of any of those. For
- [If I want to learn more about my New York drug charge where should I look?](https://groupiehead7.com/faq-items/if-i-want-to-learn-more-about-my-new-york-drug-charge-where-should-i-look/) - New York Penal law defines almost all drug offenses in Article 220. The only drug that is not found in article 220 of the Penal Law is marihuana, which is found in Penal Law Article 221. See our Marihuana FAQ tab for more information on that specific drug. New York classifies controlled substances into broader
- [Is selling drugs a serious federal offense?](https://groupiehead7.com/faq-items/is-selling-drugs-a-serious-federal-offense/) - Yes. 21 USC § 841 generally criminalizes the manufacture, distribution, dispensing, or possessing with the intent to sell, any controlled substance. The seriousness depends on several factors including if you have any criminal history, if a weapon was used, if anyone was injured, and how much and what type of drug was involved. However, even
- [Will I go to jail or prison if I am convicted of selling drugs federally?](https://groupiehead7.com/faq-items/will-i-go-to-jail-or-prison-if-i-am-convicted-of-selling-drugs-federally/) - Possibly. The federal sentencing guidelines, which influence sentences, have over fifteen (15) categories of drug sale categories based on what drug and how much of it is sold. Near the lower end of the punishment category includes marijuana (1 kilogram, or 20 grams if its hashish oil). The minimum amounts of heroin and cocaine are
- [How long can I go to jail or prison if I am convicted of selling drugs federally?](https://groupiehead7.com/faq-items/how-long-can-i-go-to-jail-or-prison-if-i-am-convicted-of-selling-drugs-federally/) - While there are many factors that will go into the final determination, there are mandatory minimum sentences that apply in some circumstances where drugs are sold. There is a mandatory five (5) year minimum sentence and a maximum forty (40) year sentence if you sell any of the following: Cocaine (500-4999 grams) Cocaine Base (28-279
- [Can the federal government take all my assets if I am convicted of selling drugs?](https://groupiehead7.com/faq-items/can-the-federal-government-take-all-my-assets-if-i-am-convicted-of-selling-drugs/) - Not necessarily. The “No Excessive Fines” clause of the Eighth (8th) Amendment does prevent the government from requiring asset forfeiture that is “grossly disproportional to the gravity of the offense”. What that means is the amount they can require forfeited must be tied to the allegations against you. As an example, if the government believes
- [How does federal law enforcement investigate drug sales?](https://groupiehead7.com/faq-items/how-does-federal-law-enforcement-investigate-drug-sales/) - Whereas state cases may include one or two controlled sales to a confidential informant, federal cases tend to be very detailed and involved. Often, they will involve extensive wiretapping, where federal agents listen in on conversations and try to record the setting up of a drug sale or transaction. Because the federal government also has
- [Can I be charged by the federal government and New York State?](https://groupiehead7.com/faq-items/can-i-be-charged-by-the-federal-government-and-new-york-state/) - Yes. Because both the state and federal governments are separate sovereigns, you may be charged by each, as well as ultimately convicted and sentenced by both. This has nothing to do with “double jeopardy”. However, this situation is unlikely. Usually, the federal government prosecutes cases of high-volume drug sales, whereas the state handles the local
- [Is it better to be charged by State or Federal prosecutors?](https://groupiehead7.com/faq-items/is-it-better-to-be-charged-by-state-or-federal-prosecutors/) - Because federal cases tend to involve higher amounts of drugs, and longer sentences, it is usually better to avoid federal prosecution, if possible. Also, state prison sentences for drugs tend to have more programs available that allow for training and early release. It is also better to be charged or have your case resolved in
- [If there is a mandatory minimum sentence, is there anyway to be sentenced less than the mandatory minimum?](https://groupiehead7.com/faq-items/if-there-is-a-mandatory-minimum-sentence-is-there-anyway-to-be-sentenced-less-than-the-mandatory-minimum/) - Yes, however, this requires cooperation. A cooperating witness with the government can receive a downward departure from the mandatory minimum sentence. If the government makes a “5k downward departure motion”, a judge is not bound by the mandatory minimum sentence. Downward departure motions are made under seal so that they are not available to the
- [Is it lawful to suspend my child from school?](https://groupiehead7.com/faq-items/is-it-lawful-to-suspend-my-child-from-school/) - Yes. Schools are given power by the New York State's Education Law to suspend a student who is determined to be insubordinate, disorderly, violent, disruptive, or whose conduct otherwise endangers the safety, morals, health, or welfare of others. Such suspension can range from one (1) day to more than a year. Every student is provided
- [What is a Principal’s Suspension?](https://groupiehead7.com/faq-items/what-is-a-principals-suspension/) - Generally, a principal's suspension is a one (1) to a five (5) day suspension issued by the principal to a student. Once a principal has decided to suspend a student, they must provide a written notice to the student's parent within twenty-four (24) hours of the suspension. This notice must contain the date and specific
- [Is a suspension appealable?](https://groupiehead7.com/faq-items/is-a-suspension-appealable/) - Yes, a parent or student can file a written appeal to the Board of Education within 30 days of the date of the Hearing Officer’s decision. If the Board of Education upholds the Hearing Officer’s decision, the decision may be appealed to the New York State Commissioner of Education within 30 days of the Board’s
- [Will a Student Still Receive Instruction If They Are Suspended From School?](https://groupiehead7.com/faq-items/if-my-child-is-suspended-from-school-will-he-she-still-receive-instruction/) - Yes. The school district must provide instruction at a local place or the student's home for every day that the suspension is in effect. Specifically, a district must provide one (1) hour of home instruction each day for suspended students in grades 1-6 and two (2) hours of home instruction each day for suspended students
- [Can a student be disciplined for conduct that occurred off school grounds?](https://groupiehead7.com/faq-items/can-a-student-be-disciplined-for-conduct-that-occurred-off-school-grounds/) - Yes. A student may be disciplined for off-campus conduct that endangers the health or safety of students or staff, creates a risk of substantial disruption to school operations or will otherwise adversely affect the educational process. Actions that have occurred off school grounds which resulted in school discipline include a criminal arrest, off campus fight,
- [Can a student be suspended from extracurricular activities and/or athletic events?](https://groupiehead7.com/faq-items/can-my-child-be-suspended-from-extracurricular-activities-and-or-athletics/) - Yes. A student can be suspended from participating in extracurricular activities or athletic privileges as long as it is fair and the school has provided an opportunity to discuss the conduct that led to the suspension with the student and the student's parents.
- [Can a student with a disability be suspended?](https://groupiehead7.com/faq-items/can-a-student-with-a-disability-be-suspended/) - Yes. However, there are numerous protections that a student with a disability is afforded during the disciplinary process. According to the Individuals with Disabilities Education Act (IDEA), a suspension of a student identified as having a disability or that the school district has reason to believe may have a disability for more than ten (10)
- [Can the school’s claim against my child be resolved without a hearing?](https://groupiehead7.com/faq-items/can-the-schools-claim-against-my-child-be-resolved-without-a-hearing/) - Yes. In some instances, an agreement can be reached with the school regarding the appropriate discipline that should be imposed against your child. In those instances, a written agreement is often signed by the school, parents and child that agree to certain terms such as a specific suspension period, an agreement to attend counseling, and/or
- [What kind of punishment can my child face because of behavioral issues at school?](https://groupiehead7.com/faq-items/what-kind-of-punishment-can-my-child-face-because-of-behavioral-issues-at-school/) - Students who have violated their school's code of conduct may face suspension from the school, extracurricular activities, after-school programs, or athletic events that they otherwise are eligible to participate in. The student must remain off school grounds and is prohibited from attending school events during the suspension period. In order to address such behavioral issues,
- [Is it legal to suspend my student before the hearing is conducted?](https://groupiehead7.com/faq-items/is-it-legal-to-suspend-my-student-before-the-hearing-is-conducted/) - Yes, it is legal under New York State Education Law §3214. Under New York State Education Law §3214, a student may be suspended for up to 5 days if misconduct is alleged. During that time, a hearing must be scheduled, and the student must be provided notice of the misconduct they are charged with. On
- [Should I attend the informal conference with the principal?](https://groupiehead7.com/faq-items/should-i-attend-the-informal-conference-with-the-principal/) - Generally, yes. However, it is best to consult with an attorney that handles student suspension hearings before deciding whether to attend the informal conference, as specific issues may arise. There is a benefit to attending an informal conference with the principal. Such an advantage would be that this event would allow the student an opportunity
- [What if my child brings a gun/weapon to school?](https://groupiehead7.com/faq-items/what-if-my-child-brings-a-gun-weapon-to-school/) - Any public-school student who, after a hearing, is determined to have brought a weapon to school shall be suspended for a period of not less than one calendar year. Additionally, the child may be charged with a criminal offense and referred for a juvenile delinquency or juvenile offender proceeding. It is a class E felony
- [What is DASA?](https://groupiehead7.com/faq-items/what-is-dasa/) - DASA stands for Dignity For All Students' Act. This anti-bullying legislation passed in New York requires schools to provide all students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, school buses, or other school functions. This law also requires schools to take preventive actions against bullying
- [What if a student brings a gun or weapon to school grounds?](https://groupiehead7.com/faq-items/what-if-a-student-brings-a-gun-or-weapon-to-school-grounds/) - A public-school student determined by a hearing to have brought a gun or a dangerous weapon on school grounds is subject to suspension for at least one (1) calendar year. In addition, the student may be charged with a criminal offense and referred for a juvenile delinquency or offender proceeding as possessing a weapon or
- [Can the school's claim against a student be resolved without a hearing?](https://groupiehead7.com/faq-items/can-the-schools-claim-against-a-student-be-resolved-without-a-hearing/) - Yes. In some instances, an agreement can be reached with the school regarding the appropriate discipline that should be imposed against your child. In those instances, a written agreement to certain terms such as a specific suspension period, agreement to attend counseling, and/or complete community service is signed by the school, the student's parents, and
- [Can a student be disciplined for conduct that occurred off school grounds?](https://groupiehead7.com/faq-items/can-a-student-be-disciplined-for-conduct-that-occurred-off-school-grounds-2/) - Yes. A student may be subject to discipline or suspension for off-campus conduct that endangers the health or safety of students or staff, creates a risk of substantial disruption to school operations, or will otherwise adversely affect the educational process. Some of the actions that occur off school property that can lead to a school-mandated
- [Can a student or the student’s parent appeal a suspension?](https://groupiehead7.com/faq-items/can-a-student-or-the-students-parent-appeal-a-suspension/) - Yes. A student or a student's parent can file a written appeal to the Board of Education within thirty (30) days of the Hearing Officer's decision. If the Board of Education upholds the Hearing Officer's decision, the student or the student's parent may file an appeal to the New York State Commissioner of Education within
- [What is a Criminal Sex Act?](https://groupiehead7.com/faq-items/what-is-a-criminal-sex-act/) - In New York, only sexual intercourse between a man and a woman is considered Rape. For other sex acts, between any gender combination, you could be charged with the crime of Criminal Sex Act. A sexually related conviction can have lifelong consequences and therefore it is important for your criminal defense lawyer to have experience
- [What is Criminal Sex Act in the Third Degree in violation of N.Y. Penal Law § 130.40?](https://groupiehead7.com/faq-items/what-is-criminal-sex-act-in-the-third-degree-in-violation-of-n-y-penal-law-§-130-40/) - A person is charged with Criminal Sex Act in the Third Degree when: Anal or oral sexual conduct occurs between 2 people and the contact with the person that is not able to consent is based on something other than being less than 17 years old. Anal or oral sexual conduct occurs between 2 people,
- [What are the potential penalties for Criminal Sex Act in the Third Degree?](https://groupiehead7.com/faq-items/what-are-the-potential-penalties-for-criminal-sex-act-in-the-third-degree/) - In addition to a felony criminal record, if you are convicted of or plead guilty to Criminal Sex Act in the Third Degree, you face the following penalties: Up to 4 years in State Prison. Between 3 and 10 years of Post-Release Supervision. Up to 10 years of Probation. Up to $5000 in fines. Registration
- [What is the difference between the levels of felonies in New York?](https://groupiehead7.com/faq-items/what-is-the-difference-between-the-levels-of-felonies-in-new-york/) - In New York, felonies are broken down into 6 categories: A-I, A-II, B, C, D, and E. The A-I and A-II charges being the most serious and a class E felony being the least serious felony charges. The chart below identifies the maximum state prison incarceration for all felony convictions. Level of Felony Maximum
- [What is Criminal Sex Act in the Second Degree in violation of N.Y. Penal Law § 130.45?](https://groupiehead7.com/faq-items/what-is-criminal-sex-act-in-the-second-degree-in-violation-of-n-y-penal-law-§-130-45/) - A person is charged with Criminal Sex Act in the Second Degree when: Anal or oral sexual conduct occurs between 2 people, one who is over 18 years old and one who is younger than 15 years old. Anal or oral sexual conduct occurs between 2 people, one who is not able to consent because
- [What are the potential penalties for Criminal Sex Act in the Second Degree?](https://groupiehead7.com/faq-items/what-are-the-potential-penalties-for-criminal-sex-act-in-the-second-degree/) - In addition to a felony criminal record, if you are convicted of or plead guilty to Criminal Sex Act in the Third Degree, you face the following penalties: Up to 7 years in State Prison. Between 3 and 10 years of Post-Release Supervision. Up to 10 years of Probation. Up to $5000 in fines. Registration
- [If I am 18 years old and have sex with a 15-year -old, can I be charged with a crime?](https://groupiehead7.com/faq-items/if-i-am-18-years-old-and-have-sex-with-a-15-year-old-can-i-be-charged-with-a-crime/) - If you are involved in a consensual sexual relationship, the answer would be no. The law recognizes an affirmative defense for someone that is less than four years older than the other involved individual for the purposes of a crime between an 18-year-old and a 15-year-old. Of course, if the underage person is physically helpless
- [What is Criminal Sex Act in the First Degree in violation of N.Y. Penal Law § 130.50?](https://groupiehead7.com/faq-items/what-is-criminal-sex-act-in-the-first-degree-in-violation-of-n-y-penal-law-§-130-50/) - A person will be charged with Criminal Sex Act in the First Degree when oral or anal sexual conduct occurs: by forcible compulsion. when a person is physically helpless. when a person is less than 11 years old. When someone is 18 years or older and the person involved is less than 13 years old.
- [What are the potential penalties for Criminal Sex Act in the First Degree?](https://groupiehead7.com/faq-items/what-are-the-potential-penalties-for-criminal-sex-act-in-the-first-degree/) - Up to 25 years in State Prison. Between 5 and 20 years of Post-Release Supervision. Up to $5000 in fines. Registration as a Sex Offender. Order to provide a DNA sample. $1425 in Sex Offender surcharges. Payment of restitution. Order to have HIV testing.
- [What is the difference between jail and state prison?](https://groupiehead7.com/faq-items/what-is-the-difference-between-jail-and-state-prison/) - Jail typically refers to a local period of incarceration at a County Correctional Facility. The maximum sentence to a County Jail is for a period of 1 year per charge, with a maximum sentence of 2 years. State Prison refers to any sentences of more than one year.
- [Is Criminal Sex Act a serious crime?](https://groupiehead7.com/faq-items/is-criminal-sex-act-a-serious-crime/) - While all crimes are serious, a conviction for a criminal sex act can have many negative and significant consequences. Despite its name sounding less severe, a criminal sex act is just as serious as a rape charge. If you are accused of or charged with a criminal sex act, it is important to have your
- [Will my Criminal Sex Act case go to trial?](https://groupiehead7.com/faq-items/will-my-criminal-sex-act-case-go-to-trial/) - The answer depends on a variety of factors including the number of charges, the evidence involved, if a plea bargain has been offered, and prior criminal history. All these factors need to be discussed and reviewed with your criminal attorney before a decision whether to resolve a case or proceed to trial can be made.
- [If I am charged with Criminal Sex Act, do I need a lawyer?](https://groupiehead7.com/faq-items/if-i-am-charged-with-criminal-sex-act-do-i-need-a-lawyer/) - Yes. In New York if you are charged with a crime you need a lawyer. Since all criminal sex act charges are felonies, it is important to have a lawyer as soon as possible. If you cannot afford your own lawyer, the court will assign one for you. Hiring an experienced criminal defense attorney is
- [What happens at a probation interview?](https://groupiehead7.com/faq-items/what-happens-at-a-probation-interview/) - Your probation interview is a critical stage of the case against you. It can affect how you are sentenced even in cases where you are accepting a plea offer with a promised sentence. It is important that you are honest, up front, and treat the interviewing officer with respect. Probation offices have very different
- [Who supervises me if I am on probation?](https://groupiehead7.com/faq-items/who-supervises-me-if-i-am-on-probation/) - Probation refers to supervision by a county probation officer. Your Probation will be monitored in the County that you live in.
- [How long will probation last?](https://groupiehead7.com/faq-items/how-long-will-probation-last/) - A probation sentence can result from a misdemeanor conviction (1, 2, or 3 years) or following a felony conviction (3, 4, or 5 years). Sex crimes carry a more significant time of probation. For misdemeanor sex crimes, probation is up to 6 years and for felony sex crimes, probation is up to 10 years.
- [What are some of the basic terms and conditions of probation?](https://groupiehead7.com/faq-items/what-are-some-of-the-basic-terms-and-conditions-of-probation/) - The terms and conditions of probation will vary depending on the type of conviction. For instance, if you are convicted of a DWI offense, some of the conditions will relate to driving, while a conviction for a drug related offense may require conditions of treatment. However, in general a person on probation can generally expect
- [What are some of the conditions of DWI probation?](https://groupiehead7.com/faq-items/what-are-some-of-the-conditions-of-dwi-probation/) - If you are placed on probation for a DWI, in addition to the general conditions above, you can also expect the following terms and conditions: Do not enter or visit any bar, tavern, or other establishment whose primary focus is serving alcohol. Refrain from entering or sitting in the bar areas of any other restaurant.
- [What are some of the terms and conditions of probation for a sex offense?](https://groupiehead7.com/faq-items/what-are-some-of-the-terms-and-conditions-of-probation-for-a-sex-offense/) - If you are placed on probation for a sexual offense, in addition to the general conditions above, you can also expect the following terms and conditions: Cooperate with all requirements of the New York State Sex Offender Registration Act. Submit to a sex offender evaluation at an accredited agency approved by the probation department and
- [Can I transfer my probation to another county?](https://groupiehead7.com/faq-items/can-i-transfer-my-probation-to-another-county/) - If you are in good standing with no pending violations, misdemeanor probation and felony probation can be transferred to another county if life circumstances or a new job force you to change your residence.
- [Can I transfer my probation to another state?](https://groupiehead7.com/faq-items/can-i-transfer-my-probation-to-another-state/) - Misdemeanor probation is not transferrable out of state. Felony probation can transfer to another state if the other state is willing to accept you and if you are in good standing in the state you are transferring from.
- [If I am on probation how often will I have to report to my probation officer?](https://groupiehead7.com/faq-items/if-i-am-on-probation-how-often-will-i-have-to-report-to-my-probation-officer/) - If you receive a sentence of probation, you will be required to report to a probation officer on a regular basis. At first it may be once per week, but eventually it will likely be extended to twice per month or even once per month. Reporting varies depending on your conviction and your rapport with
- [Can I be discharged from probation early?](https://groupiehead7.com/faq-items/can-i-be-discharged-from-probation-early/) - Maybe. Generally, if you perform well on probation, after you have served half your probationary sentence, some judges and probation officers are receptive to a request for early termination of probation. However, there are occasions where some judges will not allow early termination and/or where the probation officer and even the prosecuting attorney will oppose
- [How do I get discharged from probation early?](https://groupiehead7.com/faq-items/how-do-i-get-discharged-from-probation-early/) - There are two ways to get discharged from probation early. In some instances, the probation officer will urge the court to allow you to be discharged and a judge will sign the order discharging you from probation. In other instances, a criminal lawyer can bring a written application for the termination of your probation requesting
- [What do I need to do to get discharged from probation early?](https://groupiehead7.com/faq-items/what-do-i-need-to-do-to-get-discharged-from-probation-early/) - To give yourself the best chance for early termination of probation you should do the following: Comply will all terms and conditions of probation Do not miss any appointments with your probation officer Complete all treatment and do not have any drug or alcohol relapses Do not get rearrested Maintain stable employment or go to
- [What is the process when a violation of probation is filed?](https://groupiehead7.com/faq-items/what-is-the-process-when-a-violation-of-probation-is-filed/) - A violation of probation is filed by the probation department that supervises you. The violation is filed with the Court and/or Judge that sentenced you. The Judge will determine whether there is enough evidence to issue a warrant or a declaration of delinquency. If this occurs, you will be picked up by law enforcement on
- [If my probation officer files a violation of probation, will a warrant be issued for my arrest?](https://groupiehead7.com/faq-items/if-my-probation-officer-files-a-violation-of-probation-will-a-warrant-be-issued-for-my-arrest/) - Depending on the severity of the allegation and the recommendation of your probation officer, the court will either contact you for an appearance or issue a warrant for your arrest.
- [Can I get bail if I am charged with a probation violation?](https://groupiehead7.com/faq-items/can-i-get-bail-if-i-am-charged-with-a-probation-violation/) - Maybe. New York’s bail reform does little to change the reality of life when on probation. While the court has the discretion to release you or to set some monetary bail, in many cases when you are charged with a new crime while on supervision you will, at least initially, be remanded without bail pending
- [What happens when I first appear in court for a violation of probation?](https://groupiehead7.com/faq-items/what-happens-when-i-first-appear-in-court-for-a-violation-of-probation/) - Like a criminal arrest, you will be advised of the allegation and your right to an attorney. While New York has gone through large bail reforms recently, allegations that you violated your probation can still result in bail or even remanding you to jail without any chance to post bail. At your initial appearance, you
- [What rights do I have if I am charged with a violation of probation?](https://groupiehead7.com/faq-items/what-rights-do-i-have-if-i-am-charged-with-a-violation-of-probation/) - Most importantly you have the right to an attorney. You also have the right to a hearing. At the hearing, a judge hears the evidence against you and decides if you violated any term of your probation. At a hearing, the burden of proof is on the prosecutor to prove that you violated a term
- [If I am convicted of a probation violation will I go to jail?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-a-probation-violation-will-i-go-to-jail/) - Maybe not. If you either admit to your violation or are found to have violated any term and condition of your probation after a hearing, it is up the judge to determine your new sentence. It can involve restoring you to probation, fines, new conditions, and jail or prison depending on the circumstances.
- [How long is parole supervision?](https://groupiehead7.com/faq-items/how-long-is-parole-supervision/) - The length of parole largely depends on the original sentence and when you are released from prison. While parole is handled by local offices around the state, they are state agencies, not county ones.
- [What happens before being released from prison to parole?](https://groupiehead7.com/faq-items/what-happens-before-being-released-from-prison-to-parole/) - After being paroled but prior to your formal release, you will receive information about who will supervise you and what your parole conditions are. Depending on the type of conviction there may be restrictions on where you can live upon your release. Parole conditions also may require GPS monitoring, regular drug testing, and obtaining employment.
- [If I am charged with violating my parole, do I have a right to a preliminary hearing?](https://groupiehead7.com/faq-items/if-i-am-charged-with-violating-my-parole-do-i-have-a-right-to-a-preliminary-hearing/) - Yes. You have a right to have a preliminary hearing within 15 days of being picked up on the arrest warrant. You have the right to an attorney and should ask to speak with one before making any decisions about conducting, or waiving this hearing.
- [What is the process after a parole preliminary hearing?](https://groupiehead7.com/faq-items/what-is-the-process-after-a-parole-preliminary-hearing/) - After conducting or waiving the preliminary hearing, you will be scheduled for a final revocation hearing.
- [What happens during a parole hearing?](https://groupiehead7.com/faq-items/what-happens-during-a-parole-hearing/) - The Administrative Law Judge must find by a preponderance of the evidence that you violated at least one of your parole conditions. You have the right to examine witnesses called against you, through your attorney, and to present evidence on your own behalf.
- [What is a “Willard” sentence?](https://groupiehead7.com/faq-items/what-is-a-willard-sentence/) - Willard refers to a department of corrections program that is aimed to addressing acute drug addiction. It is usually a 90-day treatment program that will be overseen by the department of corrections and the office of alcoholism and substance abuse services (OASAS). Typically, after graduating from the Willard program, you are returned to parole supervision.
- [What happens if I am on Parole, and I receive a new criminal charge?](https://groupiehead7.com/faq-items/what-happens-if-i-am-on-parole-and-i-receive-a-new-criminal-charge/) - If you are charged with a new crime while on parole, usually your parole officer will seek an arrest warrant for an allegation that this new crime violates the terms and conditions of your parole. You will likely be remanded to jail without the opportunity to post bail while you await final resolution of the
- [What is the K calendar?](https://groupiehead7.com/faq-items/what-is-the-k-calendar/) - The “K calendar” refers to an indefinite adjournment when you are on parole and are charged with a new felony. Making admissions at a parole hearing would be detrimental to the new charges against you, and therefore, it is likely that your case will remain on the “K calendar” until the new charges are disposed
- [What should I do if I am charged with a computer crime?](https://groupiehead7.com/faq-items/what-should-i-do-if-i-am-charged-with-a-computer-crime/) - If you are charged with a crime involving a computer, it is important that you remain silent until you speak to a lawyer. It is important that you retain a lawyer who has experience working in the criminal justice system. It is crucial that you meet with your lawyer and that your lawyer take the
- [What is Unauthorized Use of a Computer in violation of New York Penal Law § 156.05?](https://groupiehead7.com/faq-items/what-is-unauthorized-use-of-a-computer-in-violation-of-new-york-penal-law-§-156-05/) - Unauthorized use of a computer occurs when someone knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization. This crime is completed upon the access itself, and it does not matter if no other specific theft or harm occurs.
- [What is the punishment for Unauthorized Use of a Computer in violation of New York Penal Law § 156.05?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-unauthorized-use-of-a-computer-in-violation-of-new-york-penal-law-§-156-05/) - Unauthorized use of a computer is a class A misdemeanor and can result in punishment of up to 1 year in local/county jail, up to 3 years’ probation, and a maximum $1,000 fine. The court can also order restitution or community service.
- [What is Computer Trespass in violation of New York Penal Law § 156.10?](https://groupiehead7.com/faq-items/what-is-computer-trespass-in-violation-of-new-york-penal-law-§-156-10/) - Computer Trespass occurs when a person knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and: with the intent to commit a felony, OR thereby gaining access to computer material. What differentiates this crime from the misdemeanor charge of Unauthorized Use of a Computer is that the
- [What is the punishment for Computer Trespass in violation of New York Penal Law § 156.10?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-computer-trespass-in-violation-of-new-york-penal-law-§-156-10/) - Computer Trespass is a class E felony. You face up to 4 years in a New York state prison facility or up to 5 years of probation as well as fines, and potentially restitution and community service.
- [What is Computer Tampering in the Fourth Degree in violation New York Penal Law § 156.20?](https://groupiehead7.com/faq-items/what-is-computer-tampering-in-the-fourth-degree-in-violation-new-york-penal-law-§-156-20/) - Computer Tampering in the fourth degree occurs when a person uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and alters or destroys computer data.
- [What is the punishment for Computer Tampering in the Fourth Degree in violation New York Penal Law § 156.20?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-computer-tampering-in-the-fourth-degree-in-violation-new-york-penal-law-§-156-20/) - Computer Tampering in the fourth degree is a class A misdemeanor and can result in up to 1 year in local/county jail, up to 3 years’ probation, and a maximum fine of $1,000. The court can also order restitution or community service.
- [What is Computer Tampering in the Third Degree in violation of New York Penal Law § 156.25?](https://groupiehead7.com/faq-items/what-is-computer-tampering-in-the-third-degree-in-violation-of-new-york-penal-law-§-156-25/) - Computer Tampering in the third degree occurs when a person uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and alters or destroys computer data and does so: with the intent to commit a felony OR while causing over $1,000 in damage
- [Will I go to jail if I am convicted of Computer Tampering in the Third Degree in violation of New York Penal Law § 156.25?](https://groupiehead7.com/faq-items/will-i-go-to-jail-if-i-am-convicted-of-computer-tampering-in-the-third-degree-in-violation-of-new-york-penal-law-§-156-25/) - Maybe not. Computer Tampering in the third degree is a class E felony. You face up to 4 years in a New York state prison facility or up to 5 years of probation as well as fines, and potentially restitution and community service. A criminal defense lawyer who handles computer tampering crimes will need to
- [What is Computer Tampering in the Second Degree in violation of New York Penal Law § 156.26?](https://groupiehead7.com/faq-items/what-is-computer-tampering-in-the-second-degree-in-violation-of-new-york-penal-law-§-156-26/) - Computer Tampering in the second degree is using, causing to be used, or accessing a computer, computer service, or computer network without authorization and altering or destroying computer data and: that the computer data consisted of medical records. OR causing over $3,000 in damage
- [Do I face jail time for Computer Tampering in the Second Degree in violation of New York Penal Law § 156.26?](https://groupiehead7.com/faq-items/do-i-face-jail-time-for-computer-tampering-in-the-second-degree-in-violation-of-new-york-penal-law-§-156-26/) - Yes. Computer Tampering in the second degree is a class D felony. You face up to 7 years in a New York state prison facility or up to 5 years of probation as well as fines, and potentially restitution and community service.
- [What is Computer Tampering in the First Degree in violation of New York Penal Law § 156.26?](https://groupiehead7.com/faq-items/what-is-computer-tampering-in-the-first-degree-in-violation-of-new-york-penal-law-§-156-26/) - Computer Tampering in the first degree occurs when a person uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and alters or destroys computer data and causes over $50,000 in damage.
- [What is the penalty for Computer Tampering in the First Degree in violation of New York Penal Law § 156.26?](https://groupiehead7.com/faq-items/what-is-the-penalty-for-computer-tampering-in-the-first-degree-in-violation-of-new-york-penal-law-§-156-26/) - Computer Tampering in the second degree is a class C felony. You face up to 15 years in a New York state prison facility and up to 5 years of probation as well as fines, and potentially restitution and community service.
- [What is Unlawful Duplication of Computer Related Material in the Second Degree in violation of NY Penal Law § 156.29?](https://groupiehead7.com/faq-items/what-is-unlawful-duplication-of-computer-related-material-in-the-second-degree-in-violation-of-ny-penal-law-§-156-29/) - Unlawful Duplication of Computer Related Material in the second degree is when someone without the right to do so, copies, reproduces or duplicates any computer material that contains medical records with the intent to commit a crime.
- [What punishment do I face if I am convicted of Unlawful Duplication of Computer Related Material in the Second Degree in violation of NY Penal Law § 156.29?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-am-convicted-of-unlawful-duplication-of-computer-related-material-in-the-second-degree-in-violation-of-ny-penal-law-§-156-29/) - Unlawful Duplication of Computer Related Material in the second degree is a class B misdemeanor. If you are convicted of this crime, you face up to 90 days in local/County jail and/or 1 year of probation supervision as well as court fines and surcharges.
- [What is Unlawful Duplication of Computer Related Material in the First Degree in violation of NY Penal Law § 156.30?](https://groupiehead7.com/faq-items/what-is-unlawful-duplication-of-computer-related-material-in-the-first-degree-in-violation-of-ny-penal-law-§-156-30/) - Unlawful Duplication of Computer Related Material in the first degree occurs when someone without the right to do so, copies, reproduces or duplicates any computer data and either: obtains value or benefits over $2,500, OR does so with the intent to commit a felony.
- [What is the punishment for Unlawful Duplication of Computer Related Material in the First Degree in violation of NY Penal Law § 156.30?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-unlawful-duplication-of-computer-related-material-in-the-first-degree-in-violation-of-ny-penal-law-§-156-30/) - Unlawful Duplication of Computer Related Material in the first degree is a class E felony. You face up to 4 years in a New York state prison facility or up to 5 years of probation as well as fines, and potentially restitution and community service.
- [What Is Rape?](https://groupiehead7.com/faq-items/what-is-rape/) - An allegation or accusation of Rape is one of the most difficult things a person can experience. It is for this reason that you must hire an experienced criminal defense attorney who has defended Rape cases. It takes a unique skill set to understand these types of charges and to be willing to cross-examine your
- [What is a child who lost a parent entitled to?](https://groupiehead7.com/faq-items/what-is-a-child-who-lost-a-parent-entitled-to-2/) - A child may be entitled to money for loss of financial support, inheritance, parental guidance and care as well as moral and intellectual training.
- [Can we be reimbursed for funeral expenses?](https://groupiehead7.com/faq-items/can-we-be-reimbursed-for-funeral-expenses-2/) - Family members are eligible to be reimbursed for funeral expenses and medical expenses incurred on behalf of their deceased loved one.
- [What is an estate representative?](https://groupiehead7.com/faq-items/what-is-an-estate-representative-2/) - An estate representative is appointed by a Surrogate Court to handle the processing of estate matters and represent the estate of the loved one (decedent) in any legal claim or lawsuit. When someone dies with a Last Will and Testament, the Will is submitted to Surrogate Court (known as “probating the will”) and the person
- [What does an estate representative do in a wrongful death case?](https://groupiehead7.com/faq-items/what-does-an-estate-representative-do-in-a-wrongful-death-case-2/) - The estate representative (Executor/Executrix/Administrator/Administratrix) is the person who retains the attorney and signs all paperwork associated with making a claim or commencing and resolving a lawsuit for the wrongful death of the loved one. The estate representative serves as the point of contact with the attorney and the decision maker as to whether the case
- [Does a lawsuit have to be filed in order for family members to be compensated in a wrongful death claim?](https://groupiehead7.com/faq-items/does-a-lawsuit-have-to-be-filed-in-order-for-family-members-to-be-compensated-in-a-wrongful-death-claim-2/) - It is not always necessary to file a lawsuit to receive a settlement for a wrongful death claim. Your wrongful death attorney may be able to negotiate a settlement with the insurance company of the negligent party. Any resolution of the legal claims related to your loved one must be submitted to the Judge in
- [What is Title IX?](https://groupiehead7.com/faq-items/what-is-title-ix/) - Title IX refers to a federal statute. The original text is fairly simple and straightforward: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” While Title IX
- [Who does Title IX cover?](https://groupiehead7.com/faq-items/who-does-title-ix-cover/) - Protections against sexual misconduct, sexual harassment and sexual violence cover students/athletes, faculty, and employees of colleges and universities.
- [Do all schools have the same Title IX policy?](https://groupiehead7.com/faq-items/do-all-schools-have-the-same-title-ix-policy/) - No. While all schools are bound by the federal statute, and must have some Title IX policy, their choice in implementing the requirements can differ in many ways. There are often many similarities between schools, but how they write their policies and who oversees them has drastic effects. The way schools handle a Title IX
- [If there are Title IX allegations against me can criminal charges be filed too?](https://groupiehead7.com/faq-items/if-there-are-title-ix-allegations-against-me-can-criminal-charges-be-filed-too/) - Yes. Some violations of a Title IX policy may also fit the definition of a crime. In the event they do, then the complainant has the right to proceed through Title IX, the criminal courts, or both. Statements or actions you take as part of a Title IX proceeding may adversely impact your ability to
- [What can I reasonably expect a Title IX case/process to look like?](https://groupiehead7.com/faq-items/what-can-i-reasonably-expect-a-title-ix-case-process-to-look-like/) - While no two colleges have identical Title IX policies, there are baseline federal requirements that must be followed. Additionally, it is important to refer to your College or University’s specific policy and procedures. Generally, the Title IX process proceeds after an allegation is made that someone on a college campus committed an improper sexual act
- [An allegation was made against me at college, what do I do next?](https://groupiehead7.com/faq-items/an-allegation-was-made-against-me-at-college-what-do-i-do-next/) - You will be notified by someone within or related to the Title IX Office. A statement by the complainant may accompany the allegation, or one may follow. Typically, you can provide an initial response. Because the allegation may impact your future, it is important to consider hiring a Title IX/criminal defense attorney who can assist
- [What is the difference between an informal and formal Title IX process?](https://groupiehead7.com/faq-items/what-is-the-difference-between-an-informal-and-formal-title-ix-process/) - Some colleges allow for both “informal” and “formal” processes. A formal process is the default presumption, and the informal route usually requires the consent of all parties involved including you, the complainant, and the college. Informal processes are usually less rigid, provide you with less protections, but also have less serious penalties. In the event
- [How does the formal investigative process work in a Title IX matter?](https://groupiehead7.com/faq-items/how-does-the-formal-investigative-process-work-in-a-title-ix-matter/) - As the formal process continues, school investigators or those similarly trained may investigate the allegation. Besides speaking to the complainant and yourself, they may interview witnesses or review evidence such as emails, text messages, pictures, or other reports. The investigation generates a report which aids the Title IX Office in determining whether to bring formal
- [Will there be a panel that hears the evidence against me in a Title IX matter?](https://groupiehead7.com/faq-items/will-there-be-a-panel-that-hears-the-evidence-against-me-in-a-title-ix-matter/) - If charges are brought, it is common for a Panel to be used. A Panel should be well educated about the school’s Title IX policy and it may consist of professors, supervisory athletic instructors, other employees, and even students. A Panel serves like a “judge and jury”. Their job is to oversee the allegations against
- [What are my rights in a Title IX proceeding?](https://groupiehead7.com/faq-items/what-are-my-rights-in-a-title-ix-proceeding/) - Within such a proceeding, your rights are severely limited as compared to a criminal proceeding. However, there are some protections afforded you including the right to: Be considered not responsible for the charges against you. Have an advisor such as a Title IX lawyer or college representative of your choice. Suggest specific questions be asked
- [In a Title IX proceeding, how is a decision made about guilt or innocence?](https://groupiehead7.com/faq-items/in-a-title-ix-proceeding-how-is-a-decision-made-about-guilt-or-innocence/) - The Panel will decide if you are responsible for none, one, some, or all the allegations. Colleges choose from one of two standards. One is by “a preponderance of the evidence” meaning they think it is more likely than not that you are responsible. Another is by “clear and convincing evidence” meaning they think the
- [What is the school appeal process in a Title IX case?](https://groupiehead7.com/faq-items/what-is-the-school-appeal-process-in-a-title-ix-case/) - Most Title IX policies allow for at least one appeal. They usually do not allow you to argue that the Panel weighed the evidence wrong, but instead that the school’s Title IX policy is improper for some reason; or it is proper but it was followed incorrectly; that you were punished too harshly; or finally,
- [I was punished for a Title IX allegation and lost my school appeal, is there anything else I can do?](https://groupiehead7.com/faq-items/i-was-punished-for-a-title-ix-allegation-and-lost-my-school-appeal-is-there-anything-else-i-can-do/) - Yes. There is a special proceeding in New York called an “Article 78” proceeding that will allow a New York State court to review the actions and decisions of the college or university. These cases usually need to be brought within very limited time constraints and are defined by very specific rules. You should talk
- [What are the new Title IX policies and procedures I have heard about that are being implemented soon?](https://groupiehead7.com/faq-items/what-are-the-new-title-ix-policies-and-procedures-i-have-heard-about-that-are-being-implemented-soon/) - You may have heard that the Federal Government has issued key provisions that schools should implement to take Title IX allegations seriously, both for a complainant and for a respondent. They were released in May 2020 and require colleges and universities to comply with them by August 14, 2020. Key provisions include: Specific definitions for
- [What are the potential sanctions or punishments that I could be facing?](https://groupiehead7.com/faq-items/what-are-the-potential-sanctions-or-punishments-that-i-could-be-facing/) - Sanctions vary from institution to institution, however, possible sanctions should be outlined in your college or university’s code of conduct. Sanctions can range from probation with specific monitoring terms, required counseling, specific education requirements, suspension ranging from one semester up to several years, or permanent expulsion.
- [What does “Forcibly steal” mean?](https://groupiehead7.com/faq-items/what-does-forcibly-steal-mean/) - All Robbery charges require some use of force in addition to stealing something. “Forcibly steal” means using or threatening the use of immediate physical force. Therefore, even if no actual force is used, if it was threatened, that is enough to qualify.
- [My child or loved one is under 19 years old, can they be charged as an adult?](https://groupiehead7.com/faq-items/my-child-or-loved-one-is-under-19-years-old-can-they-be-charged-as-an-adult/) - Yes. Children under age 19 have three separate and distinct categories they can be placed under, depending on the circumstances: Adolescent Offender, Juvenile Offender, and Juvenile Delinquent. They may sound the same but are handled very differently. Also, there is an additional circumstance that may apply called a “Youthful Offender”.
- [Can my child or loved one be considered a youthful offender?](https://groupiehead7.com/faq-items/can-my-child-or-loved-one-be-considered-a-youthful-offender/) - A youthful offender adjudication is available for anyone between the ages of 14 and 19 who has committed certain criminal offenses. A person is sentenced as a youthful offender in criminal court only after a resolution of the criminal case by plea or a conviction after trial. A person who receives a “youthful offender” sentence
- [Who qualifies as an adolescent offender?](https://groupiehead7.com/faq-items/who-qualifies-as-an-adolescent-offender/) - Adolescent Offenders are 16 or 17 years old who are charged with a felony. These cases may be handled in criminal court or Family Court. An adolescent offender will start in criminal court and be transferred to Family Court for resolution or trial. In Family Court, the Adolescent Offender label is changed to Juvenile Delinquent,
- [Who qualifies as a juvenile offender?](https://groupiehead7.com/faq-items/who-qualifies-as-a-juvenile-offender/) - Juvenile Offenders are 13, 14, or 15 years old and charged with a serious or violent felony. As with Adolescent Offenders, the case starts in criminal court but can be transferred to Family Court where they are treated like Juvenile Delinquents.
- [Who qualifies as a juvenile delinquent?](https://groupiehead7.com/faq-items/who-qualifies-as-a-juvenile-delinquent/) - Juvenile Delinquents are over the age of 7, but less than 18, and do something that would otherwise be considered criminal if done by someone older. If the case remains in family court, the penalties a Juvenile Offender faces are less than an Adult Offender. Juvenile Delinquents can be any child between the ages of
- [Is it better for my child or loved one to be charged as an adolescent offender, juvenile offender, or juvenile delinquent?](https://groupiehead7.com/faq-items/is-it-better-for-my-child-or-loved-one-to-be-charged-as-an-adolescent-offender-juvenile-offender-or-juvenile-delinquent/) - Ultimately, being treated as a Juvenile Delinquent is BETTER than a Juvenile Offender, which is BETTER than an Adolescent Offender. This is because the potential penalties grow progressively harsher as the child gets older. However, any of these designations are vastly better than being charged as an adult in a criminal court. It is always
- [What will happen if my child is charged with a crime or offense and is required to go to family court?](https://groupiehead7.com/faq-items/what-will-happen-if-my-child-is-charged-with-a-crime-or-offense-and-is-required-to-go-to-family-court/) - All children have rights in court, including the presumption of innocence and the right to go to a trial. A prosecutor will handle the prosecution of the case against the child and a judge will hear the evidence against the child. The child has a right to a lawyer, a right to testify and a
- [What kind of punishment does my child or loved one face if they are charged with an offense?](https://groupiehead7.com/faq-items/what-kind-of-punishment-does-my-child-or-loved-one-face-if-they-are-charged-with-an-offense/) - Punishments in the juvenile realm are vast, but can include: Orders of Protection Payments of Restitution Letters of Apology Community Service Probation or Community Supervision Removal and Placement in a juvenile facility Jail or Prison, but only if the juvenile is treated as an adult, in criminal court.
- [What is Rape in the Third Degree in Violation of N.Y. Penal § 130.25?](https://groupiehead7.com/faq-items/what-is-rape-in-the-third-degree-in-violation-of-n-y-penal-§-130-25/) - Rape in the Third Degree is commonly referred to as statutory rape. A person is charged with Rape in the Third Degree when: Sexual intercourse occurs with you and another individual and the person cannot consent for some reason other than being less than 17. If you are over 21 and have intercourse with someone
- [What are the penalties for a Rape in the Third-Degree conviction?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-a-rape-in-the-third-degree-conviction/) - Rape in the Third Degree is a class E Felony. If you are convicted for Rape in the Third Degree, you face the following sentence: Up to 4 years in State Prison. Probation for up to 10 years. Fines up to $5000. Mandatory surcharges of $1425. Provide a DNA Sample. Register as a sex offender
- [What is Rape in the Second Degree in Violation of N.Y. Penal Law § 130.30?](https://groupiehead7.com/faq-items/what-is-rape-in-the-second-degree-in-violation-of-n-y-penal-law-§-130-30/) - A person is charged with Rape in the Second Degree when: An 18-year-old person or older has sexual intercourse with someone less than 15 years old. Sexual intercourse occurs and the other person cannot consent because they are mentally disabled or incapacitated.
- [What are the penalties for Rape in the Second Degree?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-rape-in-the-second-degree/) - Rape in the Second Degree is a class D violent felony. If you are convicted of Rape in the Second Degree, you face the following penalties: Up to 7 years in State Prison. Probation for up to 10 years. Fines up to $5000. Mandatory surcharges of $1425. Provide a DNA Sample. Register as a sex
- [If I am 18 years old and have sex with a 15-year-old, can I be convicted of Rape in the Second degree?](https://groupiehead7.com/faq-items/if-i-am-18-years-old-and-have-sex-with-a-15-year-old-can-i-be-convicted-of-rape-in-the-second-degree/) - If you are 18-years-old and have consensual sex with a 15-year-old, you cannot be convicted of Rape in the Second Degree. There is an affirmative defense for consensual sexual intercourse between people that are within 4 years of age from one another. However, you can still be charged with Rape in the Second Degree if
- [What is Rape in the First Degree in violation of N.Y. Penal § 130.35?](https://groupiehead7.com/faq-items/what-is-rape-in-the-first-degree-in-violation-of-n-y-penal-§-130-35/) - A person will be charged with Rape in the First Degree when sexual intercourse occurs with another person: by forcible compulsion. who cannot give consent because they are physically helpless. who is less than 11 years old. who is less than 13 years old and the person charged is over 18 years old.
- [What are the penalties for Rape in the First Degree?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-rape-in-the-first-degree/) - Rape in the First Degree is a Class B violent felony. If you are convicted of Rape in the First Degree, you face the following penalties: Up to 25 years in State Prison. Fines up to $5000. Mandatory surcharges of $1425. Provide a DNA Sample. Register as a sex offender pursuant to the Sex Offender
- [If I am convicted of Rape, will I automatically go to jail?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-rape-will-i-automatically-go-to-jail/) - No. The answer depends on what level of rape offense you are convicted of. A jail sentence is not mandatory for a conviction for Rape in the Second Degree or Rape in the Third Degree. However, it is still possible that a conviction for rape will carry a term of jail or state prison. A
- [If I am charged with Rape, is it possible to plea to a reduced charge?](https://groupiehead7.com/faq-items/if-i-am-charged-with-rape-is-it-possible-to-plea-to-a-reduced-charge/) - Yes. If you are entertaining plea negotiations, your criminal defense lawyer will attempt to reduce your potential sentencing exposure. This is often done by pleading to a lower level crime or a lesser included offense. In addition, it is possible for someone to plead guilty to an attempted crime. You can plead to an attempted
- [Will my Rape case have to go to trial?](https://groupiehead7.com/faq-items/will-my-rape-case-have-to-go-to-trial/) - In any criminal case, how a case proceeds is up to the person charged. Because of the nature of sex crimes and the resultant penalties including the requirement to register as a Sex Offender, many rape cases do proceed to trial. Your experienced criminal defense lawyer should talk to you about your case, review the
- [If I am convicted of Rape, do I have to register as a sex offender?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-rape-do-i-have-to-register-as-a-sex-offender/) - Yes. A conviction for any degree of rape will require you to Register as a Sex Offender. Your sex offender level will be determined at your sentencing or before you are released from incarceration. Click here for definitions or frequently asked questions related to sex offenses.
- [Can a Same-Sex Encounter Result in a Rape Charge in New York?](https://groupiehead7.com/faq-items/can-a-same-sex-encounter-result-in-a-rape-charge-in-new-york/) - Surprisingly, no. New York specifically requires “sexual intercourse” for a rape allegation. Sexual intercourse requires male/female penetration, no matter how slight the penetration is. Non-consensual oral, anal, or other sexual contact are still serious offenses and are covered under the Criminal Sex Act crimes.
- [Sexual Misconduct](https://groupiehead7.com/faq-items/sexual-misconduct/) - Any charge or allegation that you committed a sex offense is scary, and a conviction for a sexually related offense can have catastrophic consequences on your life including registration as a sex offender for a minimum of 20 years. If you have been charged with a sex offense, such as sexual misconduct, it is important
- [What is Sexual Misconduct in violation of New York Penal Law §130.20?](https://groupiehead7.com/faq-items/what-is-sexual-misconduct-in-violation-of-new-york-penal-law-§130-20/) - To be charged with sexual misconduct, it must be alleged that a person: engaged in sexual intercourse with another person without consent; or engaged in oral or anal sexual conduct without consent; or engaged in sexual conduct with an animal or a dead body.
- [What are the Penalties for Sexual Misconduct?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-sexual-misconduct/) - Sexual Misconduct is a class A misdemeanor under N.Y. Penal Law § 130.20. If you are convicted of Sexual Misconduct, it will result in a criminal record. The potential penalties for Sexual Misconduct are: a sentence of up to 1 year in the local jail or correctional facility. 6 years of probation. Fines up to
- [Will my Sexual Misconduct case go to trial?](https://groupiehead7.com/faq-items/will-my-sexual-misconduct-case-go-to-trial/) - Whether a case proceeds to trial is a case specific decision that is ultimately made by the person charged with the crime after receiving the advice of their criminal attorney. Often, this is made based on any available defenses, the evidence against you, including any statements or DNA evidence, your prior criminal history, the potential
- [How is a DNA sample taken?](https://groupiehead7.com/faq-items/how-is-a-dna-sample-taken/) - A DNA sample is taken by the police, local jail, or probation department. A swab, like the size of a toothbrush, is placed inside your mouth and rubbed against your cheek. The process does not hurt and takes only seconds. This sample is provided to the New York State DNA Databank controlled by the Office
- [How do I know if my criminal defense attorney is qualified to represent me for a sex offense charge?](https://groupiehead7.com/faq-items/how-do-i-know-if-my-criminal-defense-attorney-is-qualified-to-represent-me-for-a-sex-offense-charge/) - The simple answer is that it is important for you to meet with your lawyer, preferably in person or at least by video if circumstances warrant it. You need to have confidence and trust that your lawyer is experienced and equipped to help you. You should ask your lawyer questions about their experience handling similar
- [What should I do if someone calls or contacts me on social media and accuses me of Sexual Misconduct?](https://groupiehead7.com/faq-items/what-should-i-do-if-someone-calls-or-contacts-me-on-social-media-and-accuses-me-of-sexual-misconduct/) - It is easy to want to immediately defend yourself. However, know that it is a common law enforcement technique to attempt a controlled phone call or conversation via text or social media. In this situation, contact a criminal defense attorney immediately for advice.
- [What is the difference between a birth injury and birth defect?](https://groupiehead7.com/faq-items/what-is-the-difference-between-a-birth-injury-and-birth-defect/) - Birth injury is a broad term encompassing injuries to a baby while in utero, during labor, or during delivery that may be caused by inadequate or inappropriate medical care. A birth defect is a congenital abnormality often inherited or caused by environmental exposure during the development of the baby. While the circumstances of a birth
- [What are my first steps if I suspect there is a birth injury?](https://groupiehead7.com/faq-items/what-are-my-first-steps-if-i-suspect-there-is-a-birth-injury/) - After your child receives the necessary medical care, you should contact a law firm experienced in handling birth injuries. You will then meet with a birth injury lawyer who will assist you. Your lawyer will begin by obtaining all relevant medical records and will contact expert medical providers to review the care that was provided
- [If my child suffered a birth injury, how do I know if a medical mistake was made?](https://groupiehead7.com/faq-items/if-my-child-suffered-a-birth-injury-how-do-i-know-if-a-medical-mistake-was-made/) - Most injuries occur when a doctor, nurse, or other medical provider fails to adequately assess or respond to a condition or complication during a woman’s pregnancy or delivery. The key question is whether the medical provider failed to give you or your baby adequate medical care or medication advice during pregnancy or delivery. If you
- [What are the most common types of errors that occur during labor and delivery?](https://groupiehead7.com/faq-items/what-are-the-most-common-types-of-errors-that-occur-during-labor-and-delivery/) - Some of the most common errors that occur during childbirth include: failing to correctly read or interpret fetal monitoring strips, failing to timely perform a c-section, failing to appropriately monitor uterine stimulating drugs like Pitocin, improper prenatal or postnatal care, undiagnosed pre-eclampsia or gestational diabetes, misdiagnosed maternal or fetal distress, inappropriate use or monitoring of
- [What are some examples of birth injuries?](https://groupiehead7.com/faq-items/what-are-some-examples-of-birth-injuries/) - Potential injuries include brain damage due to a lack of oxygen sometimes called hypoxic ischemic injury (HIE), cerebral palsy, shoulder dystocia, brachial plexus injuries, erb’s palsy, klumpke’s palsy, nerve trauma, spinal cord trauma, facial paralysis, body paralysis, uterine rupture, or post-delivery infections.
- [Will my doctor have to pay money personally if I bring a claim against him/her?](https://groupiehead7.com/faq-items/will-my-doctor-have-to-pay-money-personally-if-i-bring-a-claim-against-him-her/) - In New York, all physicians must carry medical malpractice insurance which provides coverage for instances of medical malpractice up to a certain amount. If damages exceed the medical malpractice coverage, a defendant may be personally liable for the amount in excess.
- [Do I need to assemble any documents for a meeting with a birth injury lawyer?](https://groupiehead7.com/faq-items/do-i-need-to-assemble-any-documents-for-a-meeting-with-a-birth-injury-lawyer/) - You should collect everything you have been given either from the hospital or medical staff you worked with. Even if the paperwork does not involve the medical provider responsible for the harm caused, the paperwork may be important to show that your pregnancy and the baby’s health was progressing normally. Additionally, you should write down
- [What should I expect to happen during a birth injury case?](https://groupiehead7.com/faq-items/what-should-i-expect-to-happen-during-a-birth-injury-case/) - Legal cases go through several distinct phases. First there is the pre-suit phase, where an attorney will evaluate your case, collect information, request medical records, and review your records with medical experts. Next, if your case can be supported both medically and legally, papers may be filed in court, signifying the official start of your
- [How does a jury determine if a doctor’s actions were within the standard of care?](https://groupiehead7.com/faq-items/how-does-a-jury-determine-if-a-doctors-actions-were-within-the-standard-of-care/) - A jury will consider evidence such as medical records, and testimony of witnesses and expert doctors, who will testify whether your physician’s actions were reasonable or fell below the accepted standard of care. Once the jury considers the evidence and all testimony, they will then consider whether the elements of a medical malpractice claim have
- [What type of compensation can be recovered for a child who suffers a birth injury?](https://groupiehead7.com/faq-items/what-type-of-compensation-can-be-recovered-for-a-child-who-suffers-a-birth-injury/) - If a living child suffers a birth injury because of the negligence of a doctor or hospital, the damages awarded can include the following: past and future medical expenses costs for necessary home modifications the physical pain and suffering of the child the emotional distress of the child future rehabilitation treatments or therapies lifelong supportive
- [If I was injured by a product what are my legal rights?](https://groupiehead7.com/faq-items/if-i-was-injured-by-a-product-what-are-my-legal-rights/) - If you were injured by a dangerous or defective product, you might be entitled to compensation for your medical expenses, lost wages, and any pain and suffering you experience.
- [If I was injured by a product what steps should I take to file a lawsuit?](https://groupiehead7.com/faq-items/if-i-was-injured-by-a-product-what-steps-should-i-take-to-file-a-lawsuit/) - When ready, you should contact a lawyer that handles product liability claims. The personal injury lawyer will want to investigate the matter immediately, before any evidence is lost. If possible, preserve the product involved and any accompanying paperwork or receipts as these items could be key evidence. Documenting the product’s condition, the situation, and your
- [How soon do I need to file a claim if I was injured by a product?](https://groupiehead7.com/faq-items/how-soon-do-i-need-to-file-a-claim-if-i-was-injured-by-a-product/) - The statute of limitations in New York for claims relating to defective products is three (3) years from the date of injury. It is best to contact a products liability attorney as soon as possible, when evidence is still available, and when the incident is fresh in your mind and the minds of any witnesses.
- [What claims can I bring if I am injured by a defective product?](https://groupiehead7.com/faq-items/what-claims-can-i-bring-if-i-am-injured-by-a-defective-product/) - A product can be defective in three different ways. Defective Design- A defective design occurs when the manufacturer designs a product that is unreasonably dangerous to the consumer. Defective Manufacturing- A manufacturing defect occurs when an error in the manufacturing process creates an unreasonably dangerous condition in the product. All products should go through an
- [What has to be proven in order to have a successful product liability case?](https://groupiehead7.com/faq-items/what-has-to-be-proven-in-order-to-have-a-successful-product-liability-case/) - Generally, there are four basic elements. The evidence that will be needed to prove each element will depend on the circumstances of the case. First, a plaintiff, or injured person, must prove that he or she has been injured and suffered damages. The plaintiff must also prove that the product involved was defective either in
- [Can safety changes to a later product model be used as evidence to prove a product liability case?](https://groupiehead7.com/faq-items/can-safety-changes-to-a-later-product-model-be-used-as-evidence-to-prove-a-product-liability-case/) - While evidence of subsequent remedial measures cannot be used as evidence to show a manufacturer’s negligence, safety modifications made by the manufacturer can be used to show other things such as ownership or control of the product’s design.
- [What damages can I recover if I am injured by a defective product?](https://groupiehead7.com/faq-items/what-damages-can-i-recover-if-i-am-injured-by-a-defective-product/) - Damages are commonly divided into two different categories, economic and non-economic damages. Economic damages can be thought of as past or future out-of-pocket expenses, such as the cost of medical care, lost wages, lost earning capacity, or even funeral expenses if the product defect results in the death of an individual. Non-economic damages include past
- [What is Reckless Driving?](https://groupiehead7.com/faq-items/what-is-reckless-driving/) - Reckless Driving is a violation of N.Y. Vehicle and Traffic Law § 1212. Reckless driving occurs when a person drives a motor vehicle or a motorcycle, a moped, or ATV in a manner that unreasonably interferes with the use of a public road or endangers the users of a highway, road, street or avenue.
- [If I am convicted of Reckless Driving, will I receive any points on my license?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-reckless-driving-will-i-receive-any-points-on-my-license/) - Yes. A Reckless Driving conviction will place 5 points on your license.
- [Is Reckless Driving a crime?](https://groupiehead7.com/faq-items/is-reckless-driving-a-crime/) - Yes. Reckless Driving (N.Y. Vehicle and Traffic Law § 1212) is a crime. It is considered an unclassified misdemeanor.
- [What are the penalties for Reckless Driving?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-reckless-driving/) - The penalties for Reckless Driving are: 5 points on your license. Up to 30 days in jail. A minimum fine of $100 and a maximum fine of $300. A surcharge of $88 (Municipality other than Town/Village)/or $93 (Towns/Villages).
- [Will I need to appear in court if I am charged with Reckless Driving?](https://groupiehead7.com/faq-items/will-i-need-to-appear-in-court-if-i-am-charged-with-reckless-driving/) - Yes. As Reckless Driving is a crime, your personal appearance will be required. However, you should contact a criminal law attorney as there may be an opportunity for an attorney to appear on your behalf.
- [Do I need a lawyer for a Reckless Driving ticket?](https://groupiehead7.com/faq-items/do-i-need-a-lawyer-for-a-reckless-driving-ticket/) - Yes. Since Reckless Driving is a misdemeanor charge, a criminal lawyer will be required.
- [Are there different types of speeding tickets?](https://groupiehead7.com/faq-items/are-there-different-types-of-speeding-tickets/) - Speeding is a violation of N.Y. Vehicle and Traffic Law § 1180. A speeding ticket can be issued in several ways: Driving too fast for road conditions (Speed Not Reasonable and Prudent). Driving over a posted speed limit. Driving over a posted speed limit in a school zone or restricted area.
- [If I get convicted of speeding, will there be points on my license?](https://groupiehead7.com/faq-items/if-i-get-convicted-of-speeding-will-there-be-points-on-my-license/) - Yes. A conviction for speeding will result in points on your license. The points are as follows: MILES PER HOUR OVER SPEED LIMIT NUMBER OF POINTS 1 to 10 3 11 to 20 4 21 to 30 6 31 to 40 8 Over 40 11
- [What are the potential penalties for a first time speeding ticket?](https://groupiehead7.com/faq-items/2474/) - For a first-time (non-school zone/non restricted zone) offense, the following are potential penalties. MILES PER HOUR OVER SPEED LIMIT MINIMUM FINE MAXIMUM FINE DAYS OF JAIL SURCHARGE (other courts/town and village) 1 to 10 $45 $150 0 $88/$93 11 to 30 $90 $300 15 $88/$93 31 and higher $180 $600 30 $88/$93 The potential fines
- [Should I hire an attorney to help me with a speeding ticket?](https://groupiehead7.com/faq-items/should-i-hire-an-attorney-to-help-me-with-a-speeding-ticket/) - The decision to hire an attorney for a speeding ticket is a personal choice. An attorney may be able to help eliminate your ticket if you are falsely accused or there are legal mistakes in the paperwork. An attorney may also be able to obtain a favorable reduction which can reduce points, fines and surcharges.
- [How many points can I have on my license before it is suspended in New York?](https://groupiehead7.com/faq-items/how-many-points-can-i-have-on-my-license-before-it-is-suspended-in-new-york/) - If you obtain 11 points on your license in an 18-month timeframe, your license may be suspended. Depending on your driving history, the reduction of points may be necessary for you to keep your license. Consulting with a traffic lawyer can be useful in minimizing the amount of points on your license.
- [If I have multiple speeding ticket convictions, will I lose my license?](https://groupiehead7.com/faq-items/if-i-have-multiple-speeding-ticket-convictions-will-i-lose-my-license/) - Yes. Your drivers license can be suspended if you have multiple speeding tickets. Examples include 3 speeding tickets in 18 months or 2 convictions for speeding in a work zone. If you receive a speeding ticket, it is important to attempt to have the ticket reduced to a non-speeding offense.
- [Can I reduce points that are already on my license?](https://groupiehead7.com/faq-items/can-i-reduce-points-that-are-already-on-my-license/) - Yes. You can reduce up to 4 points on your license by taking a New York State Department of Motor Vehicles Point and Insurance Reduction Program. To obtain the benefit of the point reduction, you can take the Point and Insurance Reduction Program once every 18 months.
- [If I hire an attorney for a speeding ticket, do I need to appear in court?](https://groupiehead7.com/faq-items/if-i-hire-an-attorney-for-a-speeding-ticket-do-i-need-to-appear-in-court/) - No. If you hire an attorney, your attorney can appear on your behalf if you prefer. You always have the option of appearing in court with your speeding ticket lawyer. You may be required to sign a waiver of appearance that allows the attorney to appear on your behalf. In many Courts, if you hire
- [Are there common reductions for speeding tickets?](https://groupiehead7.com/faq-items/are-there-common-reductions-for-speeding-tickets/) - Yes. The goal is to reduce/eliminate the points on your license. With this is mind, some typical reductions include parking tickets or equipment violations which have no points or failure to obey a traffic control device, which has 2 points, but does not typically cause any increase in your insurance premium.
- [Will a speeding ticket cause my insurance to go up?](https://groupiehead7.com/faq-items/will-a-speeding-ticket-cause-my-insurance-to-go-up/) - Most likely yes. A conviction for speeding will, in many cases, cause your insurance rates to go up the next time your policy is renewed. You should call your insurance agent to see the potential effects of a conviction on your insurance premium. You should consider contacting a traffic ticket attorney as the attorney may
- [What are your fees for traffic related matters?](https://groupiehead7.com/faq-items/what-are-your-fees-for-traffic-related-matters/) - Many factors go into the cost of a traffic related matter including the location of the court, whether the ticket be resolved through the mail or requires a personal appearance, the driving history of the person with the ticket, and the amount of time required to resolve the case or conduct a trial. For additional
- [If I disobey an order of protection, can I be charged with Criminal Contempt in the Second Degree?](https://groupiehead7.com/faq-items/if-i-disobey-an-order-of-protection-can-i-be-charged-with-criminal-contempt-in-the-second-degree-2/) - Yes. If you intentionally disobey an order of the court, you may be charged with Criminal Contempt in the Second Degree in violation of N.Y. Penal Law Section 215.50(3). For this charge, it will be alleged that a person was ordered to have no contact or limited contact with a protected party and that someone
- [What are the penalties for Criminal Contempt in the Second Degree, in violation of N.Y. Penal Law Section 215.50?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-contempt-in-the-second-degree-in-violation-of-n-y-penal-law-section-215-50-2/) - Criminal Contempt in the Second Degree, is a class A misdemeanor. A conviction for this crime can result in the following penalties: Up to 1 year in the local or County Jail. Up to 3 years of Probation. Up to $1000 in fines. Restitution, if applicable.
- [What are the penalties for Criminal Contempt in the First Degree, in violation of N.Y. Penal Law Section 215.51?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-contempt-in-the-first-degree-in-violation-of-n-y-penal-law-section-215-51-2/) - Criminal Contempt in the First Degree, in violation of N.Y. Penal Law Section 215.51, is a class E Felony and is subject to the following penalties: Up to 4 years in State Prison/Department of Corrections and Community Supervision. Up to 5 years of Probation. Up to $5000 in fines or double the gain from the
- [What is Aggravated Criminal Contempt?](https://groupiehead7.com/faq-items/what-is-aggravated-criminal-contempt-2/) - Aggravated Criminal Contempt is a Felony. You can be charged with Aggravated Criminal Contempt when you: Intentionally or recklessly cause serious physical injury or injury to the protected party. Commit the crime of Criminal Contempt in the First degree in violations of N.Y. Penal Law Sections 215.51(b) or 215.51 (d) and have been convicted of
- [If I disobey an Order of Protection, can I be charged with Aggravated Criminal Contempt in the Second Degree?](https://groupiehead7.com/faq-items/if-i-disobey-an-order-of-protection-can-i-be-charged-with-aggravated-criminal-contempt-in-the-second-degree-2/) - Yes. If you violate an existing Order of Protection and either recklessly or intentionally cause injury to the protected party, you may be charged with Aggravated Criminal Contempt.
- [What are the penalties for Aggravated Criminal Contempt, in violation of N.Y. Penal Law Section 215.52?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-aggravated-criminal-contempt-in-violation-of-n-y-penal-law-section-215-52-2/) - Criminal Contempt in the First Degree, in violation of N.Y. Penal Law Section 215.52, is a class D Felony and is subject to the following penalties: Up to 7 years in State Prison/Department of Corrections and Community Supervision; Up to 5 years of Probation. Up to $5000 in fines or double the gain from the
- [Timeline of a Personal Injury Case](https://groupiehead7.com/faq-items/timeline-of-a-personal-injury-case/) - An Accident Occurs If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf Hire a Personal Injury Attorney Meet with a lawyer to discuss the incident Bring medical records or other relevant documents including an accident report if available Your lawyer will help you understand
- [Can I sue my child’s school if my child is injured at school?](https://groupiehead7.com/faq-items/can-i-sue-my-childs-school-if-my-child-is-injured-at-school/) - Yes, schools can be held liable for injuries sustained by students and/or visitors, but it is important to understand that not every mishap is grounds for a lawsuit. In order to have a successful personal injury lawsuit, you must be able to establish all of the requisite elements of a claim. Common claims against schools
- [What is negligent supervision?](https://groupiehead7.com/faq-items/what-is-negligent-supervision/) - Negligent supervision is when someone who has a legal responsibility to supervise others fails to do so in a responsible manner. This can include a wide range of supervisors including teachers, recess monitors, bus monitors, daycare providers, camp counselors, or coaches. Negligent supervision can involve any number of dangerous scenarios. Schools can be found liable
- [What is premises liability?](https://groupiehead7.com/faq-items/what-is-premises-liability/) - Property owners and managers have a duty to provide a reasonably safe environment for those who visit their premises such as students, parents, or other visitors. When a safety hazard or dangerous condition develops, a property owner has a duty to provide a warning until the hazard can be remedied or repaired. If a school
- [Who can bring a claim for personal injuries against a school?](https://groupiehead7.com/faq-items/who-can-bring-a-claim-for-personal-injuries-against-a-school/) - When filing a lawsuit for injuries suffered by a child, a parent or legal guardian typically brings the case on behalf of the child. A parent may also have a claim for aspects of their child’s injury that have affected them, for example the cost of medical care, or loss of the child’s services at
- [Can a case against a school be settled without a lawsuit?](https://groupiehead7.com/faq-items/can-a-case-against-a-school-be-settled-without-a-lawsuit/) - Yes, in some circumstances a case can be settled before a formal lawsuit is filed. Factors that are considered when a school negligence lawyer is trying to negotiate a settlement include the strength of the liability (i.e. the ability to legally prove that the school or employee is responsible) and the severity of the injuries.
- [How much is my child’s injury case worth?](https://groupiehead7.com/faq-items/how-much-is-my-childs-injury-case-worth/) - Compensation in a civil case is meant to provide monetary compensation to make the injured individual whole. The value of a case depends on several factors including the strength of liability, the significance of the injuries, and the amount of out of pocket losses suffered. An injury that requires surgery or results in a permanent
- [What can I do to help my child’s injury claim?](https://groupiehead7.com/faq-items/what-can-i-do-to-help-my-childs-injury-claim/) - As with any case, evidence is crucial. Photos of injuries when they occur and heal over time are often much more effective in explaining injuries to a jury than talking or writing about those same injuries. Photos of a dangerous condition or object that caused an injury are also crucial. Medical records are essential in
- [Who investigates and prosecutes professional misconduct in New York?](https://groupiehead7.com/faq-items/who-investigates-and-prosecutes-professional-misconduct-in-new-york/) - The New York State Department of Health, Office of Professional Medical Conduct (“OPMC” for short), is responsible for investigating complaints against and disciplining doctors, physician’s assistants, and unlicensed and licensed medical residents. The New York State Department of Education, Office of Professional Discipline (“OPD” for short), is responsible for investigating and disciplining health care professionals
- [How do disciplinary investigations or actions arise?](https://groupiehead7.com/faq-items/how-do-disciplinary-investigations-or-actions-arise/) - An investigation often arises when OPMC or OPD receives a complaint. Complaints may be submitted by current or former patients, current or former clients, your employer, or even a colleague. In fact, professionals have an affirmative duty to report colleagues who reasonably appear to be guilty of professional misconduct. A licensed professional’s willful violation of
- [What should I do if I get a call or letter about professional misconduct?](https://groupiehead7.com/faq-items/what-should-i-do-if-i-get-a-call-or-letter-about-professional-misconduct/) - First, you should always open each letter or email communication received from a disciplinary agency. Ignoring communications can be considered misconduct in and of itself and failing to respond to the communication could result in a default judgment against you. Most importantly however, if you are contacted by an investigator, you should contact an attorney
- [What are the penalties that can be imposed?](https://groupiehead7.com/faq-items/what-are-the-penalties-that-can-be-imposed/) - Every matter has a unique set of facts that make every resolution different. Your attorney may try and negotiate a mutually agreeable resolution before the need for any formal hearing. Potential penalties can include agreeing to attend a remedial program, such as an ethics course or professionalism course, censure which is a nonpublic official record
- [What happens at a professional misconduct hearing?](https://groupiehead7.com/faq-items/what-happens-at-a-professional-misconduct-hearing/) - A professional misconduct hearing is much like a trial, where witnesses will be called and questioned, cross-examination of the witnesses occurs, subpoenas can be issued, and evidence will be presented. An Administrative Hearing Officer, who is an attorney admitted to practice in New York will oversee the hearing, ruling on any motions, procedures, and legal
- [If I have been convicted of a crime, can I still apply for a license?](https://groupiehead7.com/faq-items/if-i-have-been-convicted-of-a-crime-can-i-still-apply-for-a-license/) - Yes. Even if you have made mistakes in the past, it may still be possible for you to obtain a professional license in New York. These decisions are often made on a case by case basis. An attorney can help you through the application process and strategize how to best address your past to give
- [Must I disclose to another state that I have been subject to professional discipline in New York?](https://groupiehead7.com/faq-items/must-i-disclose-to-another-state-that-i-have-been-subject-to-professional-discipline-in-new-york/) - The question of past professional discipline may arise on job applications or in applications for a professional license in another state. In some states, if you have been subject to professional discipline or a crime in another state you must self-disclose this information proactively to that licensing body. Whether you have a duty to self-disclose
- [What is nursing home neglect?](https://groupiehead7.com/faq-items/what-is-nursing-home-neglect/) - Neglect is a type of abuse committed against a resident living in a facility such as a nursing home, assisted living facility, or group home. With respect to the elderly, the term “elder abuse” is used, however, residential facilities also care for individuals with chronic health conditions, such as traumatic brain injuries, tracheostomies, dementia, or
- [How do I remove a loved one from a negligent or abusive nursing home?](https://groupiehead7.com/faq-items/how-do-i-remove-a-loved-one-from-a-negligent-or-abusive-nursing-home/) - Before removing a loved one from a facility, it is important to make alternative arrangements for their care. Some options include moving the resident to another nursing home, finding a home-health service, or hiring a live-in nurse, if possible.
- [How can we prove that a nursing home was negligent?](https://groupiehead7.com/faq-items/how-can-we-prove-that-a-nursing-home-was-negligent/) - In order to prove negligence, the law requires that the injured person or their legal representative, first show that the caretaker or the facility that caused him or her an injury owed a duty of care. A duty of care can either be something that is required by the law when it is written in
- [Should I get a copy of my loved one’s medical records to prove the negligence of the nursing home?](https://groupiehead7.com/faq-items/should-i-get-a-copy-of-my-loved-ones-medical-records-to-prove-the-negligence-of-the-nursing-home/) - Yes. Medical records are often one of the most important pieces of evidence in any lawsuit where an injury has been suffered and are essential for any attorney to review in determining whether a case for nursing home negligence should be pursued.
- [How do I get a copy of the medical records?](https://groupiehead7.com/faq-items/how-do-i-get-a-copy-of-the-medical-records/) - Your family member’s medical records are protected by HIPAA, a privacy law. In order to request medical records, your loved one must either sign a HIPAA authorization form allowing either you or their attorney to obtain the medical records, or you may do so yourself if you are an authorized personal representative. Following the submission
- [Can my loved one be compensated for injuries caused at a nursing home?](https://groupiehead7.com/faq-items/can-my-loved-one-be-compensated-for-injuries-caused-at-a-nursing-home/) - Yes. There are two types of damages that can be paid to someone who is injured at a nursing home, assisted living facility, or group home. Legally, these damages are known as economic damages and noneconomic damages. Economic damages are financial losses including medical expenses due to the harm or injury suffered. Noneconomic damages include
- [What are some signs of nursing home abuse?](https://groupiehead7.com/faq-items/what-are-some-signs-of-nursing-home-abuse/) - Signs of abuse and neglect can include physical injuries such as unusual or recurrent bruises or broken bones; unexplained falls; bedsores; dehydration or malnourishment; or poor hygiene. It’s important to watch for signs of emotional, psychological or even sexual abuse including seclusion or isolation, withdrawal, fear, crying or other unusual behaviors.
- [What are the “Stages” of bed sores?](https://groupiehead7.com/faq-items/what-are-the-stages-of-bed-sores/) - Medical professionals use a 4 stage scale to describe and monitor pressure sores, also called bed sores, pressure ulcers, decubitus ulcers, or pressure wounds. By categorizing pressure sores according to standardized characteristics, there can be a sense of uniformity among medical facilities that treat people with pressure ulcers. Bed sores are categorized based on their
- [Is medicare or medicaid entitled to a portion of what is recovered from a nursing home negligence lawsuit?](https://groupiehead7.com/faq-items/is-medicare-or-medicaid-entitled-to-a-portion-of-what-is-recovered-from-a-nursing-home-negligence-lawsuit/) - Yes. If Medicare or Medicaid has paid any medical expenses on behalf of the injured individual, they are entitled to be reimbursed for those expenses. The law imposes a Medicare and/or Medicaid “lien” on all injury-related cases involving recovery from a negligent caretaker or facility.
- [Do my records need to be reviewed by another doctor?](https://groupiehead7.com/faq-items/do-my-records-need-to-be-reviewed-by-another-doctor/) - In determining whether the circumstances of your medical care meet the legal standard to bring a lawsuit, New York Law requires your attorney to speak with a medical expert or experts about the care you received. In speaking with a medical expert, your attorney will seek to understand the medicine behind your care to determine
- [How much will it cost to have my records reviewed by another doctor?](https://groupiehead7.com/faq-items/how-much-will-it-cost-to-have-my-records-reviewed-by-another-doctor/) - Under some circumstances, an attorney may seek your financial contribution towards the expense of hiring this medical expert. The fee for an expert can differ based on the specialty and experience of the expert but can range from $1,000 to $2,500 for a preliminary review. In other circumstances, the attorney may pay this fee up
- [If I did not follow all of my doctor’s instructions, can I still bring a lawsuit?](https://groupiehead7.com/faq-items/if-i-did-not-follow-all-of-my-doctors-instructions-can-i-still-bring-a-lawsuit/) - While it is best to follow the instructions of your doctor, patients always have the right to choose whether to agree to a treatment, procedure, or test. If failing to comply with your doctor’s directions were the cause of your injury, a lawyer for the doctor or hospital will be able to make a strong
- [Do I need to obtain my medical records?](https://groupiehead7.com/faq-items/do-i-need-to-obtain-my-medical-records/) - Yes. Reviewing your medical records will be essential for any attorney to fully understand whether you may or may not have a meritorious medical malpractice case. It is always helpful to have obtained your medical records in advance of speaking with an attorney by contacting your medical provider directly or speaking with the health care
- [Can my case be settled without a lawsuit?](https://groupiehead7.com/faq-items/can-my-case-be-settled-without-a-lawsuit/) - Yes. In some circumstances a case can be settled before a formal lawsuit is filed. All doctors in New York are required to carry medical malpractice insurance and it may be possible to settle with the insurance company before filing a formal lawsuit. Settlements often occur when the cause of your injuries is clear, and
- [What is sexual abuse?](https://groupiehead7.com/faq-items/what-is-sexual-abuse/) - Sexual abuse refers to any type of illegal or coerced sexual conduct against another individual. A wide range of offenses fall into this classification, which is not constrained to physical contact alone. Sexual abuse can include acts of sexual touching, rape, indecent exposure, forcing another individual to view or participate in pornography, and contributing in
- [How does a criminal case for sexual abuse impact a civil case for sexual abuse?](https://groupiehead7.com/faq-items/how-does-a-criminal-case-for-sexual-abuse-impact-a-civil-case-for-sexual-abuse/) - A criminal case for sexual assault is pursued by the District Attorney of the County in New York where the incident occurred. The burden of proof in criminal court is high. The sexual assault must be proven “beyond a reasonable doubt”. The standard of proof in a civil case is different, it is a lower
- [In order for me to bring a lawsuit, is it required that the perpetrator be convicted in criminal court first?](https://groupiehead7.com/faq-items/in-order-for-me-to-bring-a-lawsuit-is-it-required-that-the-perpetrator-be-convicted-in-criminal-court-first/) - No. Even if the defendant was not convicted at a criminal trial or there is no corresponding criminal case at all, the victim may still be able to pursue a civil case.
- [Who can I sue for sexual assault?](https://groupiehead7.com/faq-items/who-can-i-sue-for-sexual-assault/) - The person who committed the acts is not the only person who can be named in a civil lawsuit. The victim may also choose to name a third party, such as a school, a company, or an institution where the assailant worked or lived, who may also be responsible. One strategic reason for doing this
- [What kind of damages can I seek compensation for?](https://groupiehead7.com/faq-items/what-kind-of-damages-can-i-seek-compensation-for/) - Any damages in a civil lawsuit are monetary and meant to help compensate the victim for expenses as a direct result of his or her injuries. The injuries and damages taken into consideration may be economic such as medical bills, lost wages, lost earning capacity, future medical costs, or non-economic such as pain and suffering,
- [What is the statute of limitations for filing a civil sexual assault lawsuit?](https://groupiehead7.com/faq-items/what-is-the-statute-of-limitations-for-filing-a-civil-sexual-assault-lawsuit/) - Claims in New York for intentional torts such as assault, battery, intentional infliction of emotional distress, and false imprisonment, must be brought within 1 year of the act. These intentional torts are the most common causes of action when pursuing sexual assault or harassment in civil court. Claims in New York for negligence, such as
- [What is the difference between sexual assault and sexual harassment?](https://groupiehead7.com/faq-items/what-is-the-difference-between-sexual-assault-and-sexual-harassment/) - Sexual assault is characterized by intentional physical contact that a victim does not or cannot consent to through the use of force, threats, intimidation, or abuse of authority. Sexual harassment involves unwanted, inappropriate sexual advances, including suggestive gestures, language, or touching.
- [What if someone shared inappropriate content of me online or is threatening to share such material? What are my rights?](https://groupiehead7.com/faq-items/what-if-someone-shared-inappropriate-content-of-me-online-or-is-threatening-to-share-such-material-what-are-my-rights/) - “Revenge Porn”, also called “Unlawful Dissemination or Publication of an Intimate Image” is a crime in New York. If you are a victim of this type of conduct, you have several rights, including the ability to file a civil lawsuit. Pursuant to the New York Civil Rights Law, a judge or jury can award injunctive
- [If I am partially at fault for my injury, can I still bring a lawsuit?](https://groupiehead7.com/faq-items/if-i-am-partially-at-fault-for-my-injury-can-i-still-bring-a-lawsuit/) - Yes, even if you are partially at fault for causing the incident that led to your injuries, in New York you may still bring a claim against the other at fault party. Percentages and degrees of fault are reviewed by attorneys and insurance adjustors during settlement and liability discussions. If a case is not resolved,
- [How much money can I recover if I suffer a brain injury in an accident?](https://groupiehead7.com/faq-items/how-much-money-can-i-recover-if-i-suffer-a-brain-injury-in-an-accident/) - The monetary cost of living with a traumatic brain injury can be staggering. There may be medical bills, surgeries, rehabilitation costs, physical therapy, occupational therapy, medications, assistive devices such a wheelchair or orthotic devices, assistive technology, and modifications needed to the home and living environment. A traumatic brain injury may also prevent someone from being
- [Can any lawyer handle a traumatic brain injury case?](https://groupiehead7.com/faq-items/can-any-lawyer-handle-a-traumatic-brain-injury-case/) - While there are no prohibitions on what type of law or cases an attorney can handle, it is very important when dealing with a traumatic brain injury to work with and hire an experienced personal injury attorney who is well versed not just in personal injury matters, but has the skills and medical knowledge to
- [What do I need to prove to win a FELA case?](https://groupiehead7.com/faq-items/what-do-i-need-to-prove-to-win-a-fela-case/) - An injured railroad worker must prove that injury was caused by the negligence of the railroad company, other employees, agents, or contractors, or from a defective or faulty product or piece of equipment provided by the Railroad. Strict or absolute liability against the railroad may be imposed if the railroad violated a safety statute or
- [Where do I bring a FELA lawsuit?](https://groupiehead7.com/faq-items/where-do-i-bring-a-fela-lawsuit/) - FELA lawsuits can be brought in either State or Federal Courts. It is important to work with a railroad injury attorney with knowledge and experience in FELA lawsuits who can explain the pros and cons to appropriately choose the jurisdiction right for you and your case.
- [What types of cases does FELA apply to?](https://groupiehead7.com/faq-items/what-types-of-cases-does-fela-apply-to/) - FELA applies to injuries on the railroad that can range from falls from heights, defective equipment, asbestos exposure, repetitive stress, and cumulative trauma injuries.
- [What damages can I recover in a FELA case?](https://groupiehead7.com/faq-items/what-damages-can-i-recover-in-a-fela-case/) - In a FELA case, you can seek past and future wage loss; out of pocket expenses; past and future pain and suffering; psychological treatment; past and future medical expenses. In a wrongful death case, dependents can seek economic loss for the death of a family member.
- [How do you value an injury in a FELA case?](https://groupiehead7.com/faq-items/how-do-you-value-an-injury-in-a-fela-case/) - The value of an injury to an injured railroad worker depends on the severity of the injury, the amount of time lost from work, whether the railroad employee can return to work, and the permanency of the injury. It is important to work with an experienced personal injury attorney who has handled FELA and railroad
- [How long will my FELA case take?](https://groupiehead7.com/faq-items/how-long-will-my-fela-case-take/) - The length of a case for a person injured while working on the railroad varies. For information on the general time frame of a personal injury, see the timeline below. The amount of time a case takes depends on many factors including the extent of the injuries, whether the case will be litigated or settled,
- [If I’m injured by a truck, should I be represented by a truck accident lawyer?](https://groupiehead7.com/faq-items/if-im-injured-by-a-truck-should-i-be-represented-by-a-truck-accident-lawyer/) - Yes. It is important to hire a lawyer that understands the unique aspects of a truck accident crash and has the skill, ability, resources, and experience with experts to successfully pursue a claim on your behalf. There are special rules and regulations that truck drivers and trucking companies must follow. If a failure to follow
- [How will a lawyer evaluate my claim?](https://groupiehead7.com/faq-items/how-will-a-lawyer-evaluate-my-claim/) - If you are injured in a truck accident crash, a personal injury lawyer will examine your case from two primary angles which include 1. Liability and 2. Damages. In terms of liability, first, the lawyer will want to know who is “liable” or at fault for the crash. Additionally, an attorney will want to understand
- [How do I pursue a truck accident case?](https://groupiehead7.com/faq-items/how-do-i-pursue-a-truck-accident-case/) - If you have been involved in an accident with a truck or 18-wheel vehicle and have suffered injuries, a truck injury lawyer will meet with you to get an understanding of how the accident happened. There are many causes of truck accidents including brake failures, tire failures, mechanical violations, speed, rollovers, or driver error. Depending
- [How will my truck accident lawyer prove the truck driver was at fault?](https://groupiehead7.com/faq-items/how-will-my-truck-accident-lawyer-prove-the-truck-driver-was-at-fault/) - In a negligence action against a truck driver who caused a crash, unless the truck driver and/or his employer admits fault, your attorney must prove the truck driver’s negligence and the injuries resulting from the truck driver’s wrongful conduct. To prove negligence, your truck accident lawyer will obtain the police investigative materials and speak to relevant witnesses. Additionally,
- [If I am injured in a trucking accident, can I bring a claim against the driver’s employer?](https://groupiehead7.com/faq-items/if-i-am-injured-in-a-trucking-accident-can-i-bring-a-claim-against-the-drivers-employer/) - Yes. Companies have an obligation to ensure their drivers are safe to drive and must perform regular tests to confirm the safety of their drivers. Additionally, trucking companies are obligated to perform proper maintenance on the trucks their drivers operate. Although drivers of large vehicles must possess a commercial driver’s license (CDL), having a CDL
- [If I am injured in a truck accident, can I sue other people in addition to the truck driver?](https://groupiehead7.com/faq-items/if-i-am-injured-in-a-truck-accident-can-i-sue-other-people-in-addition-to-the-truck-driver/) - In any personal injury claim, it is important to consider anyone who may be at fault in causing the crash. In most instances, the initial person responsible is the truck driver who caused the crash. There may be other avenues of liability as well, including the truck driver’s employer, the repair facility that performed work
- [Can I pursue a truck accident case even if I was partially at fault?](https://groupiehead7.com/faq-items/can-i-pursue-a-truck-accident-case-even-if-i-was-partially-at-fault/) - Yes. Even if you are partially at fault for causing an accident, the law in New York state still allows you to bring a claim against another party who was also at fault. The legal term for this is called “comparative fault”. Under this theory, you may still recover at least some portion of compensation
- [Is there a time limit to file my truck accident claim?](https://groupiehead7.com/faq-items/is-there-a-time-limit-to-file-my-truck-accident-claim/) - Yes. Generally, the statute of limitations in New York for a truck accident claim is 3 years from the date of the incident. However, if the truck that hit you was owned by a town, city, village, or county, a notice of claim must be filed within 90 days from the date of the incident.
- [If I settle my personal injury case, can I still bring a case later if my injuries get worse?](https://groupiehead7.com/faq-items/if-i-settle-my-personal-injury-case-can-i-still-bring-a-case-later-if-my-injuries-get-worse/) - No. Once a case is settled, it is final and there is no ability for any lawyer to reopen the case. Therefore, it is crucial to know the full extent of your harm and injuries before a settlement is reached.
- [What if I don’t know what caused me to fall?](https://groupiehead7.com/faq-items/what-if-i-dont-know-what-caused-me-to-fall/) - Unfortunately, if you don’t know how or why you fell, a claim cannot be pursued. Slip and fall cases are not “absolute liability” cases as some think. In other words, just because you fall on someone’s property, even if you are injured, you must still be able to point to the defect or condition that
- [What type of defect or condition would justify a claim for my slip and fall injury?](https://groupiehead7.com/faq-items/what-type-of-defect-or-condition-would-justify-a-claim-for-my-slip-and-fall-injury/) - While there is no clear cut answer as to the conditions that may justify a claim, some examples of conditions that have justified claims against homeowners or businesses are: broken steps, no railings, accumulating water or ice that recurs at a particular location, significant holes or cracks in the walkway or parking lot, wax or
- [What does it mean to sue another person?](https://groupiehead7.com/faq-items/what-does-it-mean-to-sue-another-person/) - When you are injured by another person, whether it’s because of a fall on another person’s property or because you were injured in a car accident, suing a person means that your lawyer files a lawsuit in court. To begin a lawsuit, a complaint is filed and served on the defendant. This document tells the
- [Is suing a person the same as bringing a claim against a person?](https://groupiehead7.com/faq-items/is-suing-a-person-the-same-as-bringing-a-claim-against-a-person/) - Yes. These terms are often used interchangeably when talking about suing another person or business. It is important to remember that while you are suing a person, in most instances, you are looking to be made whole, meaning the money and damages you are seeking for your injuries may come from the insurance company of
- [How long does it take to settle a case?](https://groupiehead7.com/faq-items/how-long-does-it-take-to-settle-a-case/) - That depends on a number of factors. However, the primary factor is the nature of your injury and the type of treatment you are receiving. If all your treatment is completed in a short time frame, your case will be ripe for settlement sooner. However, if you have ongoing treatment, surgeries, physical therapy or other
- [How long will my slip and fall lawsuit take?](https://groupiehead7.com/faq-items/how-long-will-my-slip-and-fall-lawsuit-take/) - It depends. Generally, lawsuits take anywhere from 1-2 years however there are occasions where the claim is resolved sooner than 1 year, and situations where the case takes longer than 2 years. Your lawyer should try to expedite your case as quickly as possible without sacrificing the true value of your case by trying to
- [If I am injured because of a fall on someone’s property who pays for my injuries?](https://groupiehead7.com/faq-items/if-i-am-injured-because-of-a-fall-on-someones-property-who-pays-for-my-injuries/) - If you are injured because a homeowner or a business has not taken care of their property, you have a claim against that owner and that owner’s insurance company. There are different types of insurance policies that may be available. One policy is the policy that pays for your pain, suffering and any lost earnings
- [If I bring a claim for a fall does the owner or the insurance company pay?](https://groupiehead7.com/faq-items/if-i-bring-a-claim-for-a-fall-does-the-owner-or-the-insurance-company-pay/) - If you have fallen because of a known defect or condition on someone’s property and are injured, the insurance company for the owner of the property will be responsible to pay for your injuries, including any unreimbursed medical expenses, lost earnings and your pain and suffering. However, if the value of your injuries exceeds the
- [What should I bring to my first meeting with a personal injury lawyer?](https://groupiehead7.com/faq-items/what-should-i-bring-to-my-first-meeting-with-a-personal-injury-lawyer/) - You are not required to bring anything to the first meeting you have with your personal injury lawyer. However, certain things may be helpful for the meeting. These include: photos of your injuries photos of the vehicles involved photos of the accident scene medical records the police accident report names of any witnesses a copy
- [If the driver was not ticketed, can I still pursue a claim against him?](https://groupiehead7.com/faq-items/if-the-driver-was-not-ticketed-can-i-still-pursue-a-claim-against-him/) - Yes. Even if the driver of the car that hit you was not ticketed by the police, a claim can still be pursued against the driver if the driver was at fault in causing the accident.
- [If I was in a crosswalk when the vehicle hit me is the driver automatically at fault?](https://groupiehead7.com/faq-items/if-i-was-in-a-crosswalk-when-the-vehicle-hit-me-is-the-driver-automatically-at-fault/) - If there are no traffic-control signals to direct a pedestrian about when to walk, the driver of a vehicle must yield the right of way to a pedestrian in a crosswalk by slowing down or stopping. If a motorist fails to yield the right of way to a pedestrian as required by law, and strikes
- [What if I can’t go back to work after my motorcycle crash?](https://groupiehead7.com/faq-items/what-if-i-cant-go-back-to-work-after-my-motorcycle-crash-2/) - Sadly, many people who are involved in motorcycle crashes have such serious injuries that their lives and working careers are forever altered. In these cases, it is crucial to pursue a claim against all potential defendants to receive the maximum amount of money for your pain, suffering, emotional damages and lost wages.
- [Do I have to suffer a “serious injury” to sue the person who hit me if I’m injured in a motorcycle accident?](https://groupiehead7.com/faq-items/do-i-have-to-suffer-a-serious-injury-to-sue-the-person-who-hit-me-if-im-injured-in-a-motorcycle-accident-2/) - No. Because the no-fault law does not apply to motorcycle accidents, you do not need to prove that you’ve suffered a serious injury (as defined by NY law) to sue the driver who caused the accident.
- [How do I recover money if I am injured on a farm or by a farm vehicle?](https://groupiehead7.com/faq-items/how-do-i-recover-money-if-i-am-injured-on-a-farm-or-by-a-farm-vehicle/) - If you are injured on a farm or by a farm vehicle your claim lies against the farm and the owner of the farm vehicle which both likely carry insurance coverage. Certain agricultural vehicles and trailers are required to maintain NY State automobile liability insurance coverage. The vehicle must carry a minimum insurance coverage of
- [How does a lawyer prove my claim if I was injured by a dangerous condition on a farm?](https://groupiehead7.com/faq-items/how-does-a-lawyer-prove-my-claim-if-i-was-injured-by-a-dangerous-condition-on-a-farm/) - A farm owner has a duty to use reasonable care to keep the farm in a reasonably safe condition for the protection of all people who visit the farm. If a farm owner negligently maintains their property, and if you suffer an injury because of the farm’s negligence, you have the right to bring a
- [How does an injury lawyer prove my claim if I am injured by tractor?](https://groupiehead7.com/faq-items/how-does-an-injury-lawyer-prove-my-claim-if-i-am-injured-by-tractor/) - For a personal injury lawyer to successfully pursue your claim the lawyer must prove the defendant was negligent. Negligence is lack of ordinary care. It is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances. To prove negligence an injury lawyer must prove that
- [If I was injured by an employee of the farm, do I still have a claim against the farm owner?](https://groupiehead7.com/faq-items/if-i-was-injured-by-an-employee-of-the-farm-do-i-still-have-a-claim-against-the-farm-owner/) - Probably. An employer may be held liable for acts of an employee that cause injury to another person if the act was foreseeable and was in the furtherance of the employer's business. An employee's act is generally within the scope of employment when it is in the furtherance of the business and when the employer
- [If I’ve been bitten by a dog, can I be compensated?](https://groupiehead7.com/faq-items/if-ive-been-bitten-by-a-dog-can-i-be-compensated/) - Yes. A dog bite victim can be compensated for out of pocket medical expenses, lost wages, and past and future pain and suffering as long as it is shown that the dog had “vicious propensities” and that the owner of the dog knew, or should have known about the dangerousness of the dog. A personal
- [What does “vicious propensities” mean under N.Y. law?](https://groupiehead7.com/faq-items/what-does-vicious-propensities-mean-under-n-y-law/) - This means the dog must have a habit of acting in a way that endangers people. Examples of a vicious dog include previous attacks, how the animal acts when it is approached, including barking, thrusting and showing its teeth. In New York, mere barking or an isolated straining at a leash would not demonstrate “vicious
- [What if the dog has no prior history of biting people?](https://groupiehead7.com/faq-items/what-if-the-dog-has-no-prior-history-of-biting-people/) - In order for a lawyer to sue an owner of a dog that bit you, it must be shown that the dog has “vicious propensities”. While a prior bite would demonstrate viciousness, it is not necessary. A dog can still be vicious even without a prior bite. However, there must be some type of behavior
- [Are pit bulls or other large dogs considered vicious under the law in New York?](https://groupiehead7.com/faq-items/are-pit-bulls-or-other-large-dogs-considered-vicious-under-the-law-in-new-york/) - Not automatically. Just because you were bitten by a Pit Bull, German Shepard or other large dog does not mean you can automatically bring a claim against the owner of the dog. It is still necessary to show that the dog had a history of being vicious and that the owner knew or had reason
- [Who pays for my injuries if a dog bites me?](https://groupiehead7.com/faq-items/who-pays-for-my-injuries-if-a-dog-bites-me/) - If you’ve been bitten by a dog, you can pursue a claim against the owner of the dangerous dog. If the owner of the dog owns a home or has rental insurance, the homeowner’s or renter’s insurance will likely defend the owner of the dog. If it is determined that the owner of the dog
- [How is the value of a dog bite case determined?](https://groupiehead7.com/faq-items/how-is-the-value-of-a-dog-bite-case-determined/) - The value of your claim depends on what type of injuries you sustain. In New York there are 2 types of damages: economic and non-economic. The economic damages include lost earnings, and out of pocket expenses such as medical costs. The non-economic damages are the past and future pain and suffering that result from the
- [How much will it cost me to sue the owner of the dog that bit me?](https://groupiehead7.com/faq-items/how-much-will-it-cost-me-to-sue-the-owner-of-the-dog-that-bit-me/) - If you are injured by a dog bite and hire a personal injury lawyer to bring a claim against the owner of the dog, in most instances it will not cost you any money to hire the lawyer. Rather, the lawyer who represents you regarding your injury claim will work on a “contingency fee” basis.
- [How can I find out if the dog that bit me attacked someone before?](https://groupiehead7.com/faq-items/how-can-i-find-out-if-the-dog-that-bit-me-attacked-someone-before/) - If you are unfamiliar with the dog that bit you, a request can be made to the town, city or village where the dog resides to see if there are any prior complaints regarding the dog or tickets issued against the dog in the past. Another option is to speak to neighbors of the dog
- [If the dog that bit me is owned by my family, will they be personally responsible for paying for my injuries?](https://groupiehead7.com/faq-items/if-the-dog-that-bit-me-is-owned-by-my-family-will-they-be-personally-responsible-for-paying-for-my-injuries/) - If you are injured, and if the dog has a history of being vicious, and if the owner of the dog has a liability insurance policy, you can receive compensation from the insurance policy rather than from the dog owner personally. You do not have to go after the personal assets of your relative or
- [If a dog bites me and I have no insurance, will the dog owner’s insurance pay for my medical expenses?](https://groupiehead7.com/faq-items/if-a-dog-bites-me-and-i-have-no-insurance-will-the-dog-owners-insurance-pay-for-my-medical-expenses/) - It depends. If the dog owner has a homeowner’s insurance policy, there may be a medical payments provision in that policy to cover some of your immediate medical expenses. However, if the dog owner’s homeowner’s policy does not have a medical payments provision, your only remedy is to bring a claim against the dog owner.
- [What do I have to prove if I fall or if something falls on me at a jobsite?](https://groupiehead7.com/faq-items/what-do-i-have-to-prove-if-i-fall-or-if-something-falls-on-me-at-a-jobsite/) - In order to bring a successful lawsuit, you must demonstrate you were not provided the required protection at a construction site, and that as a result, you suffered an injury. If you demonstrate both of these things, and if the injury you sustain is elevation related (fall from a height or struck by something that
- [Can I sue my employer in NY for personal injuries I suffered at a construction site?](https://groupiehead7.com/faq-items/can-i-sue-my-employer-in-ny-for-personal-injuries-i-suffered-at-a-construction-site/) - No. Because of the existence of the workers compensation law in New York State, an employee can not bring a claim against his employer or any other employee even if the employer or employee caused your injuries. However, if you are injured at a construction site and bring a claim against an owner or contractor
- [If I am injured on a worksite in NY, who do I sue if I can’t sue my employer?](https://groupiehead7.com/faq-items/if-i-am-injured-on-a-worksite-in-ny-who-do-i-sue-if-i-cant-sue-my-employer/) - If you are injured on a job site, you can bring a claim against any other party that caused or contributed to your injury including the owner of the building, or other contractors or subcontractors. https://youtu.be/jVwvoNcfUnU
- [If I bring a lawsuit, does my case have to go to trial?](https://groupiehead7.com/faq-items/if-i-bring-a-lawsuit-does-my-case-have-to-go-to-trial/) - No. In fact most cases do not go to trial and can be settled at some stage of the case prior to trial. In some instances, cases can even be settled prior to bringing a formal lawsuit.
- [Is there a “scaffold law” or “safe workplace statute” in New York?](https://groupiehead7.com/faq-items/is-there-a-scaffold-law-or-safe-workplace-statute-in-new-york/) - Yes. These are the common names for the labor law statute that protects workers who are performing certain types of construction work, such as demolition, repair work or painting, and who fall from an elevated height, such as a scaffold or a ladder.
- [If I am injured while working at residential home, can I sue the homeowner?](https://groupiehead7.com/faq-items/if-i-am-injured-while-working-at-residential-home-can-i-sue-the-homeowner/) - Under the Labor Law, owners of one- and two-family dwellings who do not direct or control the work on the dwelling are not liable if you are injured. However, if you are injured working on such a dwelling, it is still important to contact an attorney in case there are extenuating factors in your case which may affect
- [Can I receive compensation for my injuries if I am struck by a car while riding my bike?](https://groupiehead7.com/faq-items/can-i-receive-compensation-for-my-injuries-if-i-am-struck-by-a-car-while-riding-my-bike/) - Yes. If you’ve suffered a “serious injury” as a result of being struck by a car while cycling, a claim can be pursued against the driver and the driver’s automobile liability insurance policy for the injuries you’ve suffered.
- [Who determines if I am at fault if I am biking and hit by a car?](https://groupiehead7.com/faq-items/who-determines-if-i-am-at-fault-if-i-am-biking-and-hit-by-a-car/) - That determination can be made by a judge, a jury, a mediator, an arbitrator or negotiated between lawyers or with the insurance adjuster. This kind of determination is not an exact science. Rather, to determine who is at fault, it is necessary to consider many factors including the location of the crash, the speed of
- [Is there more than $50,000 No-Fault coverage if I am hit by a car while riding a bicycle?](https://groupiehead7.com/faq-items/is-there-more-than-50000-no-fault-coverage-if-i-am-hit-by-a-car-while-riding-a-bicycle/) - When the $50,000 no-fault benefits are exhausted, you may apply for additional no-fault benefits, known as “additional personal injury protection” (APIP) to pay for your medical expenses and lost earnings. Additional personal injury protection (APIP) is an optional coverage that may or may not be available. If APIP benefits are not available through the policy of the
- [How do I file for No-Fault benefits if I am hit by a vehicle while riding a bicycle?](https://groupiehead7.com/faq-items/how-do-i-file-for-no-fault-benefits-if-i-am-hit-by-a-vehicle-while-riding-a-bicycle/) - You should file your claim with the insurance company that insures the vehicle that hit you. You file a claim by filling out the No-Fault forms sent to you by the insurance company. Note that you are not obligated to give any formal statement (other than what is requested on the No-Fault forms) about how
- [Can I sue if I am a victim of assault or battery?](https://groupiehead7.com/faq-items/can-i-sue-if-i-am-a-victim-of-assault-or-battery/) - Yes. If you are injured because of an assault or battery, you can sue the person who caused your injuries. While criminal prosecution is designed to penalize the assailant for illegal actions, a victim of assault or battery can also file a lawsuit seeking money damages for the injuries that are suffered.
- [What do I have to prove if I am a victim of assault or battery?](https://groupiehead7.com/faq-items/what-do-i-have-to-prove-if-i-am-a-victim-of-assault-or-battery/) - If you are the victim of an assault or battery you must prove that the person who struck you caused you to suffer an injury. Also, depending on the situation, it may be necessary to prove that the person struck you: On purpose (intentional) Knowing they were likely to strike you, even that wasn’t their
- [What money am I entitled to if I am assaulted?](https://groupiehead7.com/faq-items/what-money-am-i-entitled-to-if-i-am-assaulted/) - You may seek reimbursement for medical expenses and lost wages as well as compensation for emotional and physical injuries - known as pain and suffering.
- [Who will compensate me if I am the victim of assault or battery?](https://groupiehead7.com/faq-items/who-will-compensate-me-if-i-am-the-victim-of-assault-or-battery/) - If you are injured because of an assault or battery, a personal injury lawyer can bring a claim against the person who injured you and his/her homeowners’ insurance, or other insurance carrier. To have viable lawsuit against the person who cause your injuries, he/she must have sufficient assets to pay for a verdict or settlement.
- [If I am assaulted is there help for paying my medical expenses or lost earnings?](https://groupiehead7.com/faq-items/if-i-am-assaulted-is-there-help-for-paying-my-medical-expenses-or-lost-earnings/) - The New York State Office of Crime Victim Services may be able to offer immediate help with medical bills, lost wages and other expenses while a criminal or personal injury case is pending.
- [If I am assaulted, how do I seek compensation for my injuries?](https://groupiehead7.com/faq-items/if-i-am-assaulted-how-do-i-seek-compensation-for-my-injuries/) - Your best bet at obtaining money for your injuries is for a personal injury lawyer to bring a claim against the defendant’s homeowners’ insurance or other insurance carrier. If the person who injured you is uninsured, your claim will only be successful if the defendant has the means to pay a settlement or jury award.
- [Does the person who assaulted me have to own a home in order for me to bring a lawsuit?](https://groupiehead7.com/faq-items/does-the-person-who-assaulted-me-have-to-own-a-home-in-order-for-me-to-bring-a-lawsuit/) - No. If someone assaults you and causes you injuries, you can sue the person who injured you. However, in order to recover money for your injuries, there needs to be either 1. An insurance policy that will pay for your damages, or 2. The defendant must have sufficient assets to pay a settlement or a
- [If I sue the person who assaulted me, will his insurance pay for my injuries?](https://groupiehead7.com/faq-items/if-i-sue-the-person-who-assaulted-me-will-his-insurance-pay-for-my-injuries/) - Maybe. In most insurance policies there is a provision that excludes coverage for an intentional act. However, in New York, if the bodily injuries were unexpected, unintended, negligent, reckless or unforeseen, the insurance coverage may apply and would be liable to pay for the injuries caused by the defendant. As an example of a case
- [How long do I have to file a lawsuit?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-file-a-lawsuit/) - Under New York law an action for assault, battery, or other intentional conduct must be brought within one year of the injury. Therefore, it is important to talk to an experienced personal injury attorney as soon as possible after you are injured. For a negligent or reckless act, the statute of limitations is three years.
- [Will a criminal case against the person who assaulted me help my personal injury case?](https://groupiehead7.com/faq-items/will-a-criminal-case-against-the-person-who-assaulted-me-help-my-personal-injury-case-2/) - Maybe. On the one hand, a criminal case will trigger an immediate investigation so that all evidence will be preserved by the police. If the defendant who assaulted you is convicted in criminal court, that conviction can be used as proof in the personal injury case. However, if the defendant pleads guilty in the criminal
- [What do I do after the death of a loved one due to Negligence or Wrongdoing?](https://groupiehead7.com/faq-items/what-do-i-do-after-the-death-of-a-loved-one-due-to-negligence-or-wrongdoing/) - The untimely death of a family member because of the negligence or wrongdoing of another person -- a motorist, a doctor or a company is very difficult to accept. Sadly, the family who is left behind will suffer for years to come and the grieving process is often harder knowing your loved one’s death was
- [What is a child who lost a parent entitled to?](https://groupiehead7.com/faq-items/what-is-a-child-who-lost-a-parent-entitled-to/) - A child may be entitled to money for loss of financial support, inheritance, parental guidance and care as well as moral and intellectual training.
- [Can we be reimbursed for funeral expenses?](https://groupiehead7.com/faq-items/can-we-be-reimbursed-for-funeral-expenses/) - Family members are eligible to be reimbursed for funeral expenses and medical expenses incurred on behalf of their deceased loved one.
- [What is an estate representative?](https://groupiehead7.com/faq-items/what-is-an-estate-representative/) - An estate representative is appointed by a Surrogate Court to handle the processing of estate matters and represent the estate of the loved one (decedent) in any legal claim or lawsuit. When someone dies with a Last Will and Testament, the Will is submitted to Surrogate Court (known as “probating the will”) and the person
- [How long do we have to file a lawsuit?](https://groupiehead7.com/faq-items/how-long-do-we-have-to-file-a-lawsuit/) - Generally, a wrongful death lawsuit must be filed within two (2) years of the date of death of the loved one, with certain exceptions for claims against a municipality or the State of New York which require a claim to be filed within 90 days of the appointment of the estate representative.
- [How long does a wrongful death case take?](https://groupiehead7.com/faq-items/how-long-does-a-wrongful-death-case-take/) - How long a wrongful death case takes to resolve depends on many factors. Before a claim or lawsuit can proceed, an estate representative must be appointed to represent the estate of the person who died and later, upon settlement of the claim or case, a court must approve the settlement. For cases against a doctor
- [What should I bring to a meeting with a wrongful death lawyer?](https://groupiehead7.com/faq-items/what-should-i-bring-to-a-meeting-with-a-wrongful-death-lawyer/) - For the initial meeting with an attorney regarding a wrongful death claim, it is helpful to bring a certified copy of the death certificate, a copy of the paid funeral bill and the original Last Will and Testament of your deceased loved one (if they had a will). If an estate representative has already been
- [If I am convicted of unlawful possession of marijuana in the Second or First Degrees, do I only have to worry about a fine?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-unlawful-possession-of-marijuana-in-the-second-or-first-degrees-do-i-only-have-to-worry-about-a-fine/) - If you are convicted of either unlawful possession of marijuana in the first degree or unlawful possession of marijuana in the second degree, you will not have a criminal record. However, as drug offenses, they can have serious repercussions because marijuana is still federally illegal. They could result in loss of federal loans, including student
- [If I am charged with non-criminal unlawful possession of marijuana should I just plead guilty?](https://groupiehead7.com/faq-items/if-i-am-charged-with-non-criminal-unlawful-possession-of-marijuana-should-i-just-plead-guilty/) - Just because they will not result in a criminal record does not mean you should just plead guilty. There are many collateral consequences you face with drug offense convictions. Some low-level marijuana offenses require that the first offense be adjourned in contemplation of dismissal (commonly referred to as “ACOD” or “ACD” in New York). An
- [If I only give marijuana to my friends can I still be charged with sale of marijuana?](https://groupiehead7.com/faq-items/if-i-only-give-marijuana-to-my-friends-can-i-still-be-charged-with-sale-of-marijuana/) - Yes. Because New York defines “selling” broadly, you can still be charged with criminal sale of marijuana even if you only give it to your friends or serve as a pass through between the dealer and your friends. Even if you do not make any money in giving it to your friends, you can still
- [What does beyond a reasonable doubt mean?](https://groupiehead7.com/faq-items/what-does-beyond-a-reasonable-doubt-mean/) - Proof beyond a reasonable doubt means a jury is firmly convinced of the accused’s guilt and that there is no practical or realistic explanation for any element of the crime other than it was committed by the person charged with the crime. It is the highest form of proof in the law.
- [Can I raise the defense of mistaken identity?](https://groupiehead7.com/faq-items/can-i-raise-the-defense-of-mistaken-identity/) - A mistaken identity defense is used when a witness incorrectly states that a person was involved in a crime, when they were not. This defense is often utilized when there is eyewitness testimony and the defendant did not commit the crime. The New York Court of Appeals, our highest court, in 2017, recognized the unique
- [How do I raise an alibi defense?](https://groupiehead7.com/faq-items/how-do-i-raise-an-alibi-defense/) - A person charged with a crime can use an alibi defense if they can establish that they were someplace else when the crime was committed. Typically, this defense is put forth by witnesses by the defense. However, when an alibi defense is used, the burden of proof remains with the prosecutor to establish all elements
- [Can a criminal defense lawyer argue that a defendant was framed?](https://groupiehead7.com/faq-items/can-a-criminal-defense-lawyer-argue-that-a-defendant-was-framed/) - Yes. Criminal defense lawyers will often defend a case on the basis that their client was framed or set up. With this type of defense, a criminal defense lawyer will try to establish someone else committed a crime and that their client is wrongly accused.
- [What is an agency defense?](https://groupiehead7.com/faq-items/what-is-an-agency-defense/) - An Agency defense is a rarely used defense in drug cases. The agency defense protects an individual who is working or acting for a buyer of drugs only. An agent of the buyer involved in a drug transaction is purchasing or acquiring drugs for somebody else. This defense cannot be used if you have any
- [What is a duress defense?](https://groupiehead7.com/faq-items/what-is-a-duress-defense/) - Duress is an affirmative defense raised when you were engaged in illegal conduct because you were forced or coerced to do so by use/threatened use of unlawful physical force upon you (or a third party), which force or threatened force a person of reasonable firmness in your situation would have been unable to resist.
- [What is an affirmative defense?](https://groupiehead7.com/faq-items/what-is-an-affirmative-defense/) - If a defendant utilizes an affirmative defense, then the defendant has the obligation and burden to prove the affirmative defense by a preponderance of the evidence. If an affirmative defense is offered, the prosecution still has the burden to prove every element beyond a reasonable doubt. In the context of a jury trial, the jury
- [What is preponderance of the evidence?](https://groupiehead7.com/faq-items/what-is-preponderance-of-the-evidence/) - A Preponderance of the evidence means more likely than not. In mathematical terms it is 51% or just over half.
- [Can I raise the defense of entrapment?](https://groupiehead7.com/faq-items/can-i-raise-the-defense-of-entrapment/) - An entrapment defense is used when you have engaged in prohibited conduct because you were induced or encouraged to do so by a public servant or a confidential informant working for the police who was seeking to obtain evidence against you for a criminal prosecution. To raise the defense your criminal defense attorney must show
- [What is renunciation of a crime?](https://groupiehead7.com/faq-items/what-is-renunciation-of-a-crime/) - Renunciation of a crime occurs when you stop participating in the crime before it begins and/or attempt to stop other participants from committing a crime. Typically, this defense is used in conspiracy charges. The renunciation must be a complete withdrawal from the crime. Renunciation is an affirmative defense.
- [How old must a defendant be to raise the defense of infancy?](https://groupiehead7.com/faq-items/how-old-must-a-defendant-be-to-raise-the-defense-of-infancy/) - In general, under New York law you cannot be charged with a crime unless you are 18 years old. However, there are many exceptions to this rule. For very serious charges such as murder, robbery or sexually motivated offenses, someone can be charged between the ages of 13-15. In addition, a 17-year-old can be charged
- [What is the defense of justification as an emergency measure?](https://groupiehead7.com/faq-items/what-is-the-defense-of-justification-as-an-emergency-measure/) - Conduct which would ordinarily be considered a crime is justified and not criminal if the conduct is necessary as an emergency measure to avoid an imminent and significant injury. Essentially this defense is utilized when someone is protecting themselves or someone else from a violent act. The person using this defense cannot have contributed to
- [When is self-defense by use of physical force allowed?](https://groupiehead7.com/faq-items/when-is-self-defense-by-use-of-physical-force-allowed/) - Self-Defense by use of physical force is allowed when a person reasonably believes that the use of force is necessary to protect themselves or others from the imminent use of force by someone else. In order for self-defense to be successful, the defendant will need to establish that they believed the use of force was
- [Who is the initial aggressor?](https://groupiehead7.com/faq-items/who-is-the-initial-aggressor/) - The initial aggressor is the person who first attacks or threatens to use physical force first. The initial aggressor does not have to be the one who caused the first contact.
- [When is use of deadly physical force allowed?](https://groupiehead7.com/faq-items/when-is-use-of-deadly-physical-force-allowed/) - A person can use deadly physical force when they reasonably believe it necessary to defend themselves or others from the use or imminent use of deadly physical force on themselves or others. Deadly physical force means physical force which can cause death or serious physical injury. To use deadly physical force, a person must reasonably
- [What is serious physical injury?](https://groupiehead7.com/faq-items/what-is-serious-physical-injury/) - Serious physical injury means impairment of a person’s physical condition which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
- [Can you use deadly physical force if you can retreat safely?](https://groupiehead7.com/faq-items/can-you-use-deadly-physical-force-if-you-can-retreat-safely/) - In New York, you have the obligation to retreat and not use deadly physical force if you can do so completely and safely. However, there are exceptions to this rule including you do not need to retreat if you are in your own home and you were not the initial aggressor, are a police officer
- [What is the insanity or mental disease or defect defense to criminal charges?](https://groupiehead7.com/faq-items/what-is-the-insanity-or-mental-disease-or-defect-defense-to-criminal-charges/) - The insanity or Mental Disease or Defect defense is raised when a person charged with a crime lacked criminal responsibility at the time of the crime because they lacked substantial capacity to know or appreciate either: The nature or consequences of the conduct; or That the conduct was wrong. Mental disease or defect is an
- [What happens if I am found not guilty by reason of mental disease or defect?](https://groupiehead7.com/faq-items/what-happens-if-i-am-found-not-guilty-by-reason-of-mental-disease-or-defect/) - If you are found not guilty by reason of mental disease or defect, your case is not over. Instead, a new set of proceedings will be held to determine your current mental health condition, whether you are a danger to yourself or the community, and whether you should be committed to a mental health facility.
- [Can intoxication be used as a defense?](https://groupiehead7.com/faq-items/can-intoxication-be-used-as-a-defense/) - Intoxication is not a defense to a crime. However, evidence of intoxication by drugs or alcohol can potentially eliminate an element of a charged crime. In raising this issue, you must show that you could not form the mental state required to commit the crime. To be successful, you need to establish the significant impact
- [What is the extreme emotional disturbance (eed) defense to criminal charges?](https://groupiehead7.com/faq-items/what-is-the-extreme-emotional-disturbance-eed-defense-to-criminal-charges/) - Extreme Emotional Disturbance (EED) is a New York-specific defense in Murder cases only. To be clear if you are found to have committed a murder under an EED, you would be found not guilty of Murder, but guilty of Manslaughter. EED is a very different defense than claiming insanity or mental disease or defect. First,
- [If I am guilty, should I just plead guilty without a criminal lawyer?](https://groupiehead7.com/faq-items/if-i-am-guilty-should-i-just-plead-guilty-without-a-criminal-lawyer/) - No. It is usually not in your best interest to plead guilty even if you committed the crime you are charged with. An experienced criminal defense attorney may be able to negotiate a plea to a lesser charge which could eliminate your criminal exposure entirely, or lessen potential penalties, fees, and/or surcharges.
- [How often should I hear from the criminal attorney handling my case?](https://groupiehead7.com/faq-items/how-often-should-i-hear-from-the-criminal-attorney-handling-my-case/) - There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified. This will range from calls to discuss the discovery in your case, the results of
- [What should I bring to my initial meeting with my criminal lawyer?](https://groupiehead7.com/faq-items/what-should-i-bring-to-my-initial-meeting-with-my-criminal-lawyer/) - You should bring all documents that you have regarding your arrest or the investigation including copies of any charges or subpoenas, appearance tickets, documents regarding any items seized, names/addresses of any witnesses, and any other information you deem important for your case. At your initial meeting, your lawyer will begin to formalize and strategize regarding
- [How long will my criminal case take?](https://groupiehead7.com/faq-items/how-long-will-my-criminal-case-take/) - How long a criminal case takes will vary based upon the nature of the charges, the number of people charged, where you are charged, the complexity of the case and the amount of discovery involved. For a breakdown of your criminal case and an overview of the criminal process, please see the Criminal Defense Timeline.
- [How much does a criminal defense lawyer cost?](https://groupiehead7.com/faq-items/how-much-does-a-criminal-defense-lawyer-cost/) - This answer depends on many factors, including the seriousness of the charge(s), the significance of the investigation, whether the case will proceed to a trial or be resolved by way of a plea bargain, the amount of time devoted to your case, , the location of the court, whether written motions are submitted to the
- [Should I talk to the police officers or other law enforcement when they call?](https://groupiehead7.com/faq-items/should-i-talk-to-the-police-officers-or-other-law-enforcement-when-they-call/) - In general, it is best not to speak to the police or law enforcement without an attorney present. You and your attorney can always decide whether to speak to the police or other investigators. When you speak to law enforcement, your statements could potentially incriminate you and be used against you in your criminal case.
- [The police asked me to go to the police station, should I go?](https://groupiehead7.com/faq-items/the-police-asked-me-to-go-to-the-police-station-should-i-go/) - Prior to going to the police station, it is always best to contact an experienced criminal defense lawyer. By contacting a lawyer first, law enforcement will likely tell your lawyer if charges have been or will be filed against you. If charges are filed your lawyer can help, ensure that you will be released and/or
- [Should I hire a criminal lawyer that has handled a case just like mine?](https://groupiehead7.com/faq-items/should-i-hire-a-criminal-lawyer-that-has-handled-a-case-just-like-mine/) - Every criminal case is unique and different and requires a thorough review of the facts, circumstances, and law. It is important to contact an experienced, compassionate, and caring criminal defense lawyer who has broad experience in the criminal justice system. When you select your criminal defense attorney it is important that your lawyer has the
- [Do I have to appear in court if I am charged with a crime?](https://groupiehead7.com/faq-items/do-i-have-to-appear-in-court-if-i-am-charged-with-a-crime/) - In most instances, especially if you are charged with a misdemeanor or a felony, you will have to appear in court on several occasions. However, there are many times when your attorney can appear on your behalf, so you are not inconvenienced or must miss work or family engagements. If you cannot appear in Court,
- [Can my criminal lawyer guarantee a good outcome for me?](https://groupiehead7.com/faq-items/can-my-criminal-lawyer-guarantee-a-good-outcome-for-me/) - An experienced criminal defense lawyer cannot guarantee or make promises regarding the outcome of a case. Every case is different. Based on experience, the attorney may be able to provide some examples of prior similar cases or the thought process as to how the case may proceed. However, a prior successful outcome in another case,
- [Will my case have to go to trial?](https://groupiehead7.com/faq-items/will-my-case-have-to-go-to-trial/) - Maybe. While many cases resolve by way of a plea bargain prior to trial, in many cases there is a disagreement about what happened, or what a fair resolution would be. In these cases, the matter proceeds to a trial so a jury or judge can determine whether the person charged is guilty or not
- [What do I have to prove at a trial?](https://groupiehead7.com/faq-items/what-do-i-have-to-prove-at-a-trial/) - Nothing. At a trial, the burden of proof is on the prosecutor to prove your guilt beyond a reasonable doubt. A defendant in a criminal case does not have to prove his/her innocence. In fact, the defendant in a criminal case is under no obligation to speak or testify at all.
- [Will the victim in the case have a say in the outcome of my case?](https://groupiehead7.com/faq-items/will-the-victim-in-the-case-have-a-say-in-the-outcome-of-my-case/) - Yes. If there is a person who was harmed, that person will have an opportunity to participate in the case either as a witness during a trial, or by speaking to the prosecutor’s office prior to a plea or at a sentencing. Although the victim has an opportunity to be heard, and while the victim’s
- [I have no criminal history. How will that help my case?](https://groupiehead7.com/faq-items/i-have-no-criminal-history-how-will-that-help-my-case/) - It is important to understand that the absence of a criminal history does not change the facts of the case you and your attorney are defending. If the case is decided by a judge or jury, the verdict will be determined by the facts as presented and argued by the prosecution and the defense. Should
- [Will a conviction stay on my record for the rest of my life?](https://groupiehead7.com/faq-items/will-a-conviction-stay-on-my-record-for-the-rest-of-my-life/) - In New York state, thanks to a record-sealing law passed in 2017, you are now eligible to have a broad range of convictions—felony and misdemeanor—sealed from public view after a ten-year waiting period. Sex crimes and violent felonies are excluded.
- [What is the difference between a misdemeanor and a felony?](https://groupiehead7.com/faq-items/what-is-the-difference-between-a-misdemeanor-and-a-felony/) - Generally, a felony is charged when the alleged conduct of the defendant is more serious. The technical distinction is one of maximum punishment. If a crime carries a maximum incarceration of one year or less, it is a misdemeanor; more than a year and it rises to a felony. Serious crimes such as murder, rape,
- [Can charges get worse after I have already been charged?](https://groupiehead7.com/faq-items/can-charges-get-worse-after-i-have-already-been-charged/) - Yes. If an ongoing investigation reveals that additional charges are warranted, the police, the district attorney’s office, or a grand jury can choose to charge you with additional offenses even if you have already been charged. It is important to avoid all actions that might incriminate you of further crimes. These include talking to the
- [What are the Federal Sentencing Guidelines?](https://groupiehead7.com/faq-items/what-are-the-federal-sentencing-guidelines/) - In Federal Court, all crimes are provided a base offense level. Your base offense level is then adjusted upward or downward depending on your involvement in the case, and the offense characteristics and circumstances. Your criminal history category is also calculated based upon your prior conviction history. Based on your offense level and criminal history
- [Are the Federal Sentencing Guidelines mandatory?](https://groupiehead7.com/faq-items/are-the-federal-sentencing-guidelines-mandatory/) - No. The Federal Sentencing Guidelines are no longer mandatory by decision of the Supreme Court. They provide a set of factors that a Judge must account for when issuing an appropriate sentence. Other sentencing considerations not included in the sentencing guideline calculation include how a defendant behaves after his arrest ,if there is mental health
- [What is the difference between a civil and a criminal prosecution?](https://groupiehead7.com/faq-items/what-is-the-difference-between-a-civil-and-a-criminal-prosecution/) - Criminal cases involve allegations that a crime was committed. In criminal cases the government is seeking a conviction. Charges are prosecuted by local District Attorney’s Offices, the New York State Attorney General, or Federal United States Attorney’s Office. If convicted, you could face potential incarceration, fines, surcharges, and restitution. Civil cases are brought to seek
- [How can I tell the difference between a civil and criminal problem?](https://groupiehead7.com/faq-items/how-can-i-tell-the-difference-between-a-civil-and-criminal-problem/) - This is a very difficult question to answer, but it could be both. Many investigations start as civil inquiries and end up identifying criminal actions. The same is also true for criminal investigations. Many criminal investigations end up resolving with civil resolutions. Ultimately what distinguishes a civil action versus a criminal problem are intent and
- [Can I be charged in both state and federal courts for the same crime?](https://groupiehead7.com/faq-items/can-i-be-charged-in-both-state-and-federal-courts-for-the-same-crime/) - Yes. Although it is rare, you can be charged with the same offense or fact scenario in both State and Federal Courts. State and Federal Prosecutors will usually get together and decide whether the case should be handled on the State or Federal level. Many considerations go into this choice including the nature of the
- [What is an internal corporate investigation?](https://groupiehead7.com/faq-items/what-is-an-internal-corporate-investigation/) - An internal investigation is when a company has some indication or allegation of wrongdoing or improper actions by its employees or corporate officers and the company wants to determine, what, if any, validity there are to these claims. These allegations can come from an internal company source or from a governmental investigation. Ultimately, the investigation
- [When should internal investigations be conducted?](https://groupiehead7.com/faq-items/when-should-internal-investigations-be-conducted/) - There is no definite answer to this question, however the sooner the better after potential misconduct is discovered. When a company has knowledge of alleged impropriety, it is best for the company to get out in front of the investigation and to conduct its own complete and thorough investigation. In many cases, if a corporate
- [What does an internal investigation look like? what types of documents will be reviewed?](https://groupiehead7.com/faq-items/what-does-an-internal-investigation-look-like-what-types-of-documents-will-be-reviewed/) - There is no exact formula or way to conduct an internal investigation. The allegation of wrongdoing or impropriety depends on the scope of the investigation. Most internal investigations include reviewing materials such as emails/text messages, interviewing employees, reviewing office policy and procedures, personnel files/employee reviews, board minutes, billing records, bank transactions, tax returns and other
- [Who should conduct the internal investigation?](https://groupiehead7.com/faq-items/who-should-conduct-the-internal-investigation/) - This again depends on the nature and scope of the allegation and wrongdoing. Depending on the investigation, it will be important to determine whether the investigation should be conducted by outside counsel, in-house counsel, a company’s HR department or compliance officer. Depending on the allegations, auditors, accountants, and/or forensic consultants may be necessary to assist
- [Are statements made by an employee during an internal investigation confidential?](https://groupiehead7.com/faq-items/are-statements-made-by-an-employee-during-an-internal-investigation-confidential/) - Not usually. Statements made during an internal investigation by an employee are not privileged or confidential unless there is a joint defense agreement in place for the employee. However, as part of the internal investigation, the statements of the employee are protected and privileged as it pertains to the corporation. The corporation has the ultimate
- [What is an Upjohn Warning?](https://groupiehead7.com/faq-items/what-is-an-upjohn-warning/) - An Upjohn Warning refers to language contained in Upjohn Co. v. United States, 449 US 383 (1981), which provided greater protections to corporations with respect to attorney client privilege in conducting internal interviews. Essentially, the Upjohn Warnings tell the employee that the attorney that is conducting the interview represents the employer and not the employee;
- [As an employer, are my employees required to participate in an internal investigation?](https://groupiehead7.com/faq-items/as-an-employer-are-my-employees-required-to-participate-in-an-internal-investigation/) - Yes. Employees are required to participate in internal investigations, or they may be subject to employee discipline. In an internal interview, the employee must answer questions or participate in the investigation.
- [As an employee, do I have to participate in an internal corporate investigation?](https://groupiehead7.com/faq-items/as-an-employee-do-i-have-to-participate-in-an-internal-corporate-investigation/) - Yes, or you will be subject to employee discipline. An employee must participate in an investigation. Failure to participate can result in discipline including termination. An employee who does not want to answer questions may request their own lawyer. However, an employer does not have to allow the attorney to participate in the investigation.
- [Can I have my own lawyer when being interviewed for an internal investigation?](https://groupiehead7.com/faq-items/can-i-have-my-own-lawyer-when-being-interviewed-for-an-internal-investigation/) - You may request your own attorney during a corporate investigation. Your company does not have to allow for one. A lawyer is not required, and a company has a right to deny the access of an attorney during an internal investigation. Contacting a lawyer is always a good idea in these situations to receive advice
- [What happens if an employee lies or does not tell the truth in an interview?](https://groupiehead7.com/faq-items/what-happens-if-an-employee-lies-or-does-not-tell-the-truth-in-an-interview/) - An employee who lies or does not tell the truth during an internal investigation is subject to discipline including termination.
- [Can my company pay for my lawyer?](https://groupiehead7.com/faq-items/can-my-company-pay-for-my-lawyer/) - Yes. Your company may pay for you have your own counsel. If you are requested to give a statement or meet with law enforcement personnel, you have the right to be represented by a lawyer. You should ask your company if they are willing to pay for your legal fees. You can hire a lawyer
- [Does my company have to pay for my lawyer?](https://groupiehead7.com/faq-items/does-my-company-have-to-pay-for-my-lawyer/) - No. Absent a contractual obligation, your company does not have to pay for or provide you with an attorney. You are always allowed to contact and hire a lawyer of your choice.
- [What do I do if I am contacted by law enforcement?](https://groupiehead7.com/faq-items/what-do-i-do-if-i-am-contacted-by-law-enforcement/) - When contacted by law enforcement, you have three options: (1) speak with law enforcement; (2) refuse to speak; or (3) ask for time to respond after you have had time to consult with an attorney. It is always advisable to contact an attorney prior to speaking with law enforcement. You do not have an obligation
- [Can I be prosecuted for not telling the truth to law enforcement?](https://groupiehead7.com/faq-items/can-i-be-prosecuted-for-not-telling-the-truth-to-law-enforcement/) - Yes. If you are being investigated by the Federal Government and lie to a federal law enforcement agent or United States Attorney, you can be prosecuted and charged with a violation of 18 U.S.C. § 1001 for making a false statement. While it is not a crime to lie to law enforcement conducting a state
- [What is self-disclosure?](https://groupiehead7.com/faq-items/what-is-self-disclosure/) - Sometimes after an internal investigation is completed, a company may have to decide whether to provide information to the government or governmental agency of their internal wrongdoing. Making this decision is very difficult and should be made with the advice of counsel. The benefits of self-disclosure or self-reporting include showing the government that your own
- [Are there benefits to self-disclosing?](https://groupiehead7.com/faq-items/are-there-benefits-to-self-disclosing/) - In many circumstances, the government or governmental agency expects and requires self-disclosure of a problem or issue. Self-disclosure can eliminate or lesson potential civil or criminal penalties or charges. Self-disclosing or reporting can be beneficial, but there is no guarantee.
- [Does remediation of a problem help?](https://groupiehead7.com/faq-items/does-remediation-of-a-problem-help/) - Remediating a problem is always helpful. However, fixing a problem may not eliminate or lessen the consequences. Whether it is an investigation, a civil lawsuit or a criminal matter, it is always better to say that a problem was identified and is now corrected. In civil cases, remediating a problem cannot be used against you.
- [What is a joint defense agreement?](https://groupiehead7.com/faq-items/what-is-a-joint-defense-agreement/) - A joint defense agreement allows communications, work product and documents to be shared confidentially between multiple parties and their attorneys in an investigation, or an initiated civil lawsuit or pending criminal charge. Joint defense agreements can be either written or oral. However, it always preferred as soon as practicable to formalize an oral joint defense
- [What is the common interest privilege?](https://groupiehead7.com/faq-items/what-is-the-common-interest-privilege/) - The common interest privilege provides protection for information or communication between parties in a litigation or investigation that share a common legal interest. The common interest privilege is also known as the joint defense privilege. This allows for meetings and communications to occur with multiple parties and their lawyers while maintaining attorney client confidentiality.
- [How does an order of protection get issued?](https://groupiehead7.com/faq-items/how-does-an-order-of-protection-get-issued/) - In New York, Orders of Protection can only be issued in criminal court or family court. Family Court Orders of Protection often have identical types of terms and conditions as criminal orders of protection.
- [What is the difference between a temporary and final order of protection?](https://groupiehead7.com/faq-items/what-is-the-difference-between-a-temporary-and-final-order-of-protection/) - Orders of Protection may be temporary or final. Temporary Orders of Protection typically are issued when someone is arrested for a crime that involves a victim. These types of orders usually last as long as the case against you is pending. At the conclusion of your case, the order is either dismissed or it becomes
- [How long does an order of protection last for a non-criminal violation?](https://groupiehead7.com/faq-items/how-long-does-an-order-of-protection-last-for-a-non-criminal-violation/) - An order of Protection on a violation can last up to 2 years from the date of sentence or 2 years from release of incarceration.
- [How long does an order of protection last on a misdemeanor conviction?](https://groupiehead7.com/faq-items/how-long-does-an-order-of-protection-last-on-a-misdemeanor-conviction/) - An Order of Protection on a misdemeanor can last up to 5 years past the maximum jail sentence or 5 years from the date of the sentence if there was no jail. On a sexual assault case the Order of Protection can last up to 6 years from the date of the sentence/ release from
- [How long does an order of protection last on a felony conviction?](https://groupiehead7.com/faq-items/how-long-does-an-order-of-protection-last-on-a-felony-conviction/) - An Order of Protection on a felony conviction can last as long as 8 years past the maximum prison sentence imposed or ten years from the date of the sentence.
- [What if the person protected by the order of protection doesn’t want it anymore?](https://groupiehead7.com/faq-items/what-if-the-person-protected-by-the-order-of-protection-doesnt-want-it-anymore/) - An Order of Protection is issued by a Judge and therefore, only a Judge can change the Order of Protection. If the protected person does not believe they need the order or do not wish to have it any longer, they should speak to the district attorney’s office, a victim advocate at the district attorney’s
- [Is there a less restrictive order of protection?](https://groupiehead7.com/faq-items/is-there-a-less-restrictive-order-of-protection/) - Yes. There are some Orders of Protection that allow parties to have contact with each other. This type of Order of Protection is often referred to as a “refrain from” or No Illegal Contact Order of Protection. This type of order is rare. It’s an Order that says you must refrain from committing any crime
- [The person protected and I want to make up, can we?](https://groupiehead7.com/faq-items/the-person-protected-and-i-want-to-make-up-can-we/) - The actions the Order of Protection prohibit include any contact, even if you feel its nice, friendly, or apologetic. As an example, if the person texts you “I’m sorry, I hope we will be ok.” And you respond, “I’m sorry too,” you have committed a crime. Remember, the order is not against them, so they have
- [What else should I be worried about if there is an order of protection against me?](https://groupiehead7.com/faq-items/what-else-should-i-be-worried-about-if-there-is-an-order-of-protection-against-me/) - There are any number of other provisions an order may contain, so it’s important you understand those as well. Importantly, regardless of what provisions it contains, it is a federal crime to possess a firearm when there is an order of protection against you. It does not matter whether: the order is temporary or final;
- [What does it mean if I have been charged with stalking?](https://groupiehead7.com/faq-items/what-does-it-mean-if-i-have-been-charged-with-stalking/) - Stalking is an often mentioned but rarely understood crime in New York. From media or the news, you probably have an idea what “stalking” someone looks or feels like. To start, all degrees of stalking in New York are crimes and a conviction will result in a criminal record. The most serious forms of stalking
- [What does “no legitimate purpose” mean in the context of a stalking charge?](https://groupiehead7.com/faq-items/what-does-no-legitimate-purpose-mean-in-the-context-of-a-stalking-charge/) - No legitimate purpose means that you are acting the way you are to hound, frighten, intimidate, or threaten another person. In other words, it is not enough that you were angry, or upset, or any number of other natural human emotions. In fact, it’s not about your emotions, tone of voice, or body language at
- [What does “course of conduct” mean in the context of a stalking charge?](https://groupiehead7.com/faq-items/what-does-course-of-conduct-mean-in-the-context-of-a-stalking-charge/) - We’ve all done something we later regretted. Stalking is not a crime that is meant to capture singular mistakes. There is no set number of times that makes something a “course of conduct”. What is clear is it must be more than once and should be a series of acts. Could it be two, three,
- [What does “know or reasonably should know” mean in the context of a stalking charge?](https://groupiehead7.com/faq-items/what-does-know-or-reasonably-should-know-mean-in-the-context-of-a-stalking-charge/) - This is arguably the most important part to a Stalking charge. The one thing you can never count on is how another person will feel or react. To be charged with Stalking, you don’t even have to know that the other person is in fear – the government only has to say you reasonably should
- [What is stalking in the 3rd degree?](https://groupiehead7.com/faq-items/what-is-stalking-in-the-3rd-degree/) - Stalking at this degree builds on many of the same conditions contained in the Stalking in the 4th Degree charge. A charge of Stalking in the 4th Degree becomes a Stalking in the 3rd Degree charge if: the fear of harm is a serious physical injury, a sex crime, kidnapping or death; or it is
- [What is stalking in the 2nd degree?](https://groupiehead7.com/faq-items/what-is-stalking-in-the-2nd-degree/) - Stalking in the 2nd Degree builds on those circumstances listed above with Stalking in the 3rd Degree. You may be charged with Stalking in the 2nd Degree if: you commit Stalking in the 3rd Degree and display, possess, or threaten use of a weapon; or you commit Stalking in the 3rd Degree and are 21
- [What is stalking in the 1st Degree?](https://groupiehead7.com/faq-items/what-is-stalking-in-the-1st-degree/) - Stalking in the 1st Degree can be committed in two distinct ways. Both require that you are engaged in Stalking in the 3rd Degree, and while doing so: you intentionally or recklessly cause injury to a person; or you commit another crime. Stalking in the 1st Degree is a class D violent felony under NY
- [What options do I have to seal my record in New York?](https://groupiehead7.com/faq-items/what-options-do-i-have-to-seal-my-record-in-new-york/) - There are various options to seal criminal matters in New York. Upon acquittal, or dismissal for other reasons, such as an adjournment in contemplation of dismissal (ACOD), the records are sealed, and the defendant's fingerprints and photos are returned or destroyed pursuant to Criminal Procedure Law section 160.50. With a plea to a noncriminal offense,
- [How long do I have to wait to seal my New York criminal convictions under 160.59?](https://groupiehead7.com/faq-items/how-long-do-i-have-to-wait-to-seal-my-new-york-criminal-convictions-under-160-59/) - As of October 2017, individuals who have been convicted of an eligible offense can bring an application to have their records sealed as long as they have not been convicted of another crime for a period of ten (10) years since their conviction date or release from jail/prison, whichever happened later. As an example, if
- [Is my conviction one that can be sealed under CPL 160.59?](https://groupiehead7.com/faq-items/is-my-conviction-one-that-can-be-sealed-under-cpl-160-59/) - Most non-violent felonies and misdemeanors are eligible. Sex crimes, violent felonies and serious felonies are not eligible for sealing. The following is a general list of crimes that may NOT be sealed under this law: Any sex offense within Penal Law §130 (Sex Offenses) Any offense within Penal Law §263 (Child Sex Offenses) Any felony
- [Do I qualify to have my convictions sealed under CPL 160.59?](https://groupiehead7.com/faq-items/do-i-qualify-to-have-my-convictions-sealed-under-cpl-160-59/) - An individual may be eligible if they meet the following criteria: Have not been convicted of a crime for a period of ten (10) years since their sentencing. If they were sentenced to jail/prison, ten (10) years since their release. Have two or less criminal convictions. Only one of these convictions can be a felony.
- [What is the process to have my criminal record sealed under 160.59?](https://groupiehead7.com/faq-items/what-is-the-process-to-have-my-criminal-record-sealed-under-160-59/) - If you meet the criteria to have your criminal records sealed, a detailed application must be submitted with the reasons for requesting sealing. The application must contain a copy of a certificate of disposition for any offense for which the defendant was convicted. The application is filed in the court where the conviction for the most
- [What will the court consider if I ask my for my criminal record to be sealed under 160.59?](https://groupiehead7.com/faq-items/what-will-the-court-consider-if-i-ask-my-for-my-criminal-record-to-be-sealed-under-160-59/) - In considering an application to seal your criminal records the judge will consider many factors including: the amount of time that has elapsed since the last conviction; the circumstances and seriousness of the offense for which you were convicted; the circumstances and seriousness of any other offenses for which you were convicted; the character of
- [Can I apply to have my record sealed if I have a previous drug conviction that was sealed?](https://groupiehead7.com/faq-items/can-i-apply-to-have-my-record-sealed-if-i-have-a-previous-drug-conviction-that-was-sealed/) - Maybe. If you have only one prior drug conviction that was sealed under Criminal Procedure Law section 160.58, and now you seek to have a different conviction sealed, and the total convictions sealed amount to no more than one felony or no more than two misdemeanors, you may be eligible to obtain sealing of the
- [What if I have three or more convictions, can I still seal my record?](https://groupiehead7.com/faq-items/what-if-i-have-three-or-more-convictions-can-i-still-seal-my-record/) - Maybe. For the purposes of this law, if multiple convictions are from the same incident, then they will be counted as only one conviction, even though they would be sealed. For example, if you had a misdemeanor larceny in 2000 and in 2001you were convicted of two felonies, one for possession of a drug with
- [If my application is successful, what records will be sealed?](https://groupiehead7.com/faq-items/if-my-application-is-successful-what-records-will-be-sealed/) - When a sealing application is granted, the records on file with any court and the New York State Department of Criminal Justice Services will be sealed. These records include all official records and papers related to the individual’s arrest, prosecution, and conviction, as well as any copies of these records. In addition, all fingerprints, booking
- [Is sealing the same as expungement?](https://groupiehead7.com/faq-items/is-sealing-the-same-as-expungement/) - No. New York does not recognize or have an expungement process. With sealing, the records still exist, they just are not accessible to the public.
- [Who can see a conviction after it has been sealed?](https://groupiehead7.com/faq-items/who-can-see-a-conviction-after-it-has-been-sealed/) - Members of the public will not be able to see a conviction that is sealed. However, sealed records can be made available to the following: You or anyone you authorize to see the records. Federal, state, and local law enforcement agencies acting within the scope of their law enforcement duties. Any agency that issues firearm
- [Can I get my pistol permit if my criminal record is sealed?](https://groupiehead7.com/faq-items/can-i-get-my-pistol-permit-if-my-criminal-record-is-sealed/) - Maybe. While a sealed record may make you eligible for a pistol permit, the inquiry regarding a pistol permit application is wide-ranging and may include youthful offender adjudications, dismissed charges, and sealed records. The licensing agency will also consider other factors when considering whether to grant a pistol permit application including your criminal history, your
- [If I am asked by an employer if I have a criminal conviction, can I answer “no”?](https://groupiehead7.com/faq-items/if-i-am-asked-by-an-employer-if-i-have-a-criminal-conviction-can-i-answer-no/) - Yes, so long as the formal sealing order has been granted. This is a major benefit to this law. Other than the situations above where you still must disclose your sealed record, all other employment situations allow you to affirmatively deny any prior convictions.
- [Will my conviction be sealed permanently?](https://groupiehead7.com/faq-items/will-my-conviction-be-sealed-permanently/) - It depends. If you do not get arrested again, your records will be sealed permanently. However, if you do get re-arrested, you will lose the seal on your records.
- [Is the court required to seal my criminal record if I qualify for sealing?](https://groupiehead7.com/faq-items/is-the-court-required-to-seal-my-criminal-record-if-i-qualify-for-sealing/) - No. The determination on whether to seal your criminal record is a discretionary decision made by a Judge. To apply for your record to be sealed, an application must be submitted to a Judge with notice to the agency that prosecuted your case. In New York State, that notice is most often made to the
- [What documents do I need in order to submit a sealing application?](https://groupiehead7.com/faq-items/what-documents-do-i-need-in-order-to-submit-a-sealing-application/) - To apply for your records to be sealed, you need a certificate of disposition from all courts that you are seeking your records to be sealed. If you cannot recall the court(s) where you were convicted, it is recommended you obtain a copy of your criminal history report. This can be obtained from the NYS
- [What information should be included in a character reference letter?](https://groupiehead7.com/faq-items/what-information-should-be-included-in-a-character-reference-letter/) - A character reference letter should include the following: Writer’s name and occupation Nature of the writer’s relationship with the you Description of your character, moral strength/qualities, work ethic, and/or reputation, etc. Specific examples that support the writer’s description of you
- [If I do not qualify for sealing, what other options do I have?](https://groupiehead7.com/faq-items/if-i-do-not-qualify-for-sealing-what-other-options-do-i-have/) - If you do not qualify to have your records sealed, you may qualify for a certificate of relief from disabilities or a certificate of good conduct.
- [What is a certificate of relief from disabilities?](https://groupiehead7.com/faq-items/what-is-a-certificate-of-relief-from-disabilities/) - A certificate of relief from disabilities recognizes your rehabilitation since the time you committed a crime or offense. It is a certificate issued by a judge and is designed to relieve an “eligible offender” of any forfeiture or disability, or to remove any bar to the offender's employment, automatically imposed by law by reason of his
- [What is a certificate of good conduct?](https://groupiehead7.com/faq-items/what-is-a-certificate-of-good-conduct/) - A certificate of good conduct, like a certificate of relief from disabilities relieves a person of any disability, or bar to his employment, automatically imposed by law by reason of a conviction for a crime or offense. What is different from a certificate of relief from disabilities is that you are eligible for the Certificate
- [What does it mean if I have been charged with menacing?](https://groupiehead7.com/faq-items/what-does-it-mean-if-i-have-been-charged-with-menacing/) - You can be charged with Menacing in New York State if you are alleged to have placed another person in fear of injury or death. If you are convicted of this offense, you may face jail or prison time, probation, and/or fines. A court will also issue an order of protection preventing you from having
- [What is menacing in the 2nd degree?](https://groupiehead7.com/faq-items/what-is-menacing-in-the-2nd-degree/) - Menacing in the 2nd Degree means the police allege that you intentionally placed or attempted to place someone in fear of injury or death by displaying a weapon such as a knife or a gun. Second Degree Menacing is also committed when a defendant intentionally places or attempts to place someone in fear of injury
- [What is menacing in the 1st degree?](https://groupiehead7.com/faq-items/what-is-menacing-in-the-1st-degree/) - Menacing in the 1st Degree means the police allege that you have committed menacing again, after you have previously been convicted of menacing. This new charge is then elevated to a felony based on your prior conviction. Menacing in the 1st Degree is a class E felony under NY Penal Law §120.13. This means you face
- [What is menacing of a police officer or peace officer?](https://groupiehead7.com/faq-items/what-is-menacing-of-a-police-officer-or-peace-officer/) - Menacing a police officer or peace officer means the police allege that you have placed a police officer or peace officer in fear of injury or death while they are acting in their capacity as an officer, by displaying a weapon. Menacing a police officer or peace officer is a class D violent felony under
- [Will I have a criminal record if I am convicted of a menacing charge?](https://groupiehead7.com/faq-items/will-i-have-a-criminal-record-if-i-am-convicted-of-a-menacing-charge/) - Menacing in the 1st, 2nd, 3rd Degrees and Menacing a police officer or peace officer are all crimes in New York State. As such, a conviction for any menacing charge will result in a criminal record.
- [What is the difference between petit larceny and grand larceny?](https://groupiehead7.com/faq-items/what-is-the-difference-between-petit-larceny-and-grand-larceny/) - Petit Larceny is a crime – a class A misdemeanor and is a charge that is filed if you steal something with a value of less than $1000. A conviction of Petit Larceny can result in up to 1 year in local/county jail, up to 3 years’ probation, and a maximum $1,000 fine. The court
- [What is grand larceny in the 3rd (third) degree?](https://groupiehead7.com/faq-items/what-is-grand-larceny-in-the-3rd-third-degree/) - Grand Larceny in the third degree is a class D felony pursuant to New York Penal Law section 155.35. This is a charge that results if you steal money from an ATM or anything worth more than $3,000. You face up to 7 years in a New York state prison facility or up to 5
- [What is grand larceny in the 2nd (second) degree?](https://groupiehead7.com/faq-items/what-is-grand-larceny-in-the-2nd-second-degree/) - Grand Larceny in the second degree is a class C felony pursuant to New York Penal Law section 155.40. This is a charge that results if you steal anything worth more than $50,000. You face up to 15 years in a New York state prison facility and up to 5 years of probation as well
- [What is grand larceny in the 1st (First) degree?](https://groupiehead7.com/faq-items/what-is-grand-larceny-in-the-1st-first-degree/) - Grand Larceny in the first degree is a class B felony pursuant to New York Penal Law section 155.42. This is a charge that results if you steal anything worth more than $1,000,000. You face up to 25 years in a New York state prison facility. A prison sentence is mandatory if you are convicted
- [What if I never meant to keep what I took?](https://groupiehead7.com/faq-items/what-if-i-never-meant-to-keep-what-i-took/) - This is perhaps the most confusing part of larceny. To be guilty of any of the larceny crimes, you must have intended to permanently deprive the other person of the property. If your intent was to keep the property or money long enough that a major portion of its value or benefit is lost, this
- [How do the police determine the weight of my drug charge?](https://groupiehead7.com/faq-items/how-do-the-police-determine-the-weight-of-my-drug-charge/) - For some drugs, the government only has to prove the weight of the substance no matter how much actual “drug” it includes. In other words, if “crack” is cocaine, baking soda, and water, its irrelevant how much of each is included – whatever the “crack” weighs, that is the weight you will be charged with.
- [Can I be charged with drug possession if drugs are in the car I am in?](https://groupiehead7.com/faq-items/can-i-be-charged-with-drug-possession-if-drugs-are-in-the-car-i-am-in/) - Yes. “Possess” or “Possession” can be actual or constructive. Actual means it is in your hand, a pocket, or any belonging you have with you. Constructive means more than one person has access to the drugs. For example, if you are in a vehicle and drugs are in a glove box, center console, under the
- [Can I be convicted of a drug offense if I am with other people but do not know they have drugs?](https://groupiehead7.com/faq-items/can-i-be-convicted-of-a-drug-offense-if-i-am-with-other-people-but-do-not-know-they-have-drugs/) - No. You can only be convicted of a drug offense if you possessed the drugs, and if you knew what the drugs were. “Knowingly” means that you are aware that the item or substance contains a controlled substance.
- [Can I be charged with selling drugs if I share the drugs with friends?](https://groupiehead7.com/faq-items/can-i-be-charged-with-selling-drugs-if-i-share-the-drugs-with-friends/) - Yes. “Sell” means to sell, exchange, give, or dispose of to another. In other words, “giving” a controlled substance to a friend, for no money, is a drug sale in New York. Sharing drugs with friends at a party is a drug sale. While this is rarely the type of case that is brought, it
- [Can I go to prison if I am charged with possessing a drug?](https://groupiehead7.com/faq-items/can-i-go-to-prison-if-i-am-charged-with-possessing-a-drug/) - Yes. Possession charges are broken down into 7 degrees, though notably there is currently no crime defined as Criminal Possession of a Controlled Substance in the Sixth Degree (CPCS 6). Below is a list of the various drug possession crimes, their elements, and maximum punishments. If you have been charged with any of the offenses
- [What are the penalties for criminal possession of a controlled substance in the seventh degree (cpcs 7th) under penal law section 220.03?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-possession-of-a-controlled-substance-in-the-seventh-degree-cpcs-7th-under-penal-law-section-220-03/) - This is the lowest drug possession charge. You can be charged with this anytime you knowingly and unlawfully possess a controlled substance. Weights and types are irrelevant here. If the drug fits the definition of a controlled substance, you may be charged with this offense. CPCS 7th is a class A misdemeanor. You face up
- [What are the penalties for criminal possession of a controlled substance in the fifth degree (CPCS 5th) under penal law section 220.06?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-possession-of-a-controlled-substance-in-the-fifth-degree-cpcs-5th-under-penal-law-section-220-06/) - CPCS 5th is most commonly charged when a person knowingly and unlawfully possesses any controlled substance with the intent to sell it. Remember that “sell” has a very broad definition. It can also be charged in the following circumstances without any intent to sell: ½ ounce or more of a Narcotic Preparation (Includes Opium-extracts and
- [What are the penalties for criminal possession of a controlled substance in the fourth degree (CPCS 4th) under penal law section 220.09?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-possession-of-a-controlled-substance-in-the-fourth-degree-cpcs-4th-under-penal-law-section-220-09/) - CPCS 4th has many different subdivisions, but likely will be charged in one of the following circumstances: 1/8 ounce or more of a substance containing a Narcotic Drug (Heroin, Cocaine) ½ ounce or more of a substance containing Methamphetamine 2 ounces or more of a substance containing a Narcotic Preparation 1 gram or more of
- [What are the penalties for criminal possession of a controlled substance in the third degree (CPCS 3rd) under penal law section 220.16?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-possession-of-a-controlled-substance-in-the-third-degree-cpcs-3rd-under-penal-law-section-220-16/) - CPCS 3rd involves knowingly and unlawfully possessing any of the following with the intent to sell them: Any amount of any Narcotic Drug (Cocaine, Heroin); 1/8 ounce or more of any substance containing Methamphetamine; A Stimulant (Adderall, Ritalin), Hallucinogen or Hallucinogenic Substance (Mushrooms, Peyote), or Lysergic Acid Diethylamide (LSD) - if you have any prior
- [What are the penalties for criminal possession of a controlled substance in the second degree (CPCS 2nd) under penal law section 220.18?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-possession-of-a-controlled-substance-in-the-second-degree-cpcs-2nd-under-penal-law-section-220-18/) - CPCS 2nd does not contain any requirement that you intend to sell the controlled substance. It criminalizes large possession amounts as follows: 4 ounces or more of a substance containing a narcotic drug (up from ½ ounce); 2 ounces or more of a substance containing methamphetamine (up from ½ ounce contained in CPCS 4); 10
- [What are the penalties for criminal possession of a controlled substance in the first degree (CPCS 1st) under penal law section 220.21?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-criminal-possession-of-a-controlled-substance-in-the-first-degree-cpcs-1st-under-penal-law-section-220-21/) - CPCS 1st as with CPCS 2nd has no requirements of an intent to sell, however it contains just two subdivisions at the highest weights including: 8 ounces or more of a substance containing a Narcotic Drug; 5,760 milligrams of Methadone. CPCS 1st is a class A-I felony. Therefore, you face a minimum of 8 and
- [What is the difference between a criminal trespass and burglary?](https://groupiehead7.com/faq-items/what-is-the-difference-between-a-criminal-trespass-and-burglary/) - Under New York Law, both crimes deal with being somewhere you are not authorized to be. Criminal Trespass is the simple act of being in that location. Burglary is the act of being in that location with the intent to commit a crime. This small, but important difference drastically increases the seriousness of a potential
- [What is criminal trespass in the third degree and burglary in the third degree?](https://groupiehead7.com/faq-items/what-is-criminal-trespass-in-the-third-degree-and-burglary-in-the-third-degree/) - There are multiple types of Criminal Trespass in the Third Degree (NY Penal Law §140.10). However, the most common is knowingly and unlawfully entering a building (though not a home) or real property that is fenced or otherwise enclosed. Criminal Trespass in the Third Degree is a class B misdemeanor. You face up to 90
- [What is criminal trespass in the second degree and burglary in the second degree?](https://groupiehead7.com/faq-items/what-is-criminal-trespass-in-the-second-degree-and-burglary-in-the-second-degree/) - Criminal Trespass in the Second Degree (NY Penal Law §140.15) is the same as in the Third Degree except that the building you entered was a home. Criminal Trespass in the Second Degree is a class A misdemeanor. You face up to 1 year in jail, 3 years’ probation, up to a $1,000 fine and
- [What is criminal trespass in the first degree and burglary in the first degree?](https://groupiehead7.com/faq-items/what-is-criminal-trespass-in-the-first-degree-and-burglary-in-the-first-degree/) - Criminal Trespass in the First Degree (NY Penal Law §140.17) is again knowingly and unlawfully entering a building but this time while possessing a firearm, rifle, or shotgun. Keep in mind, for this crime, it does not matter if you are legally allowed to possess such item, nor does it matter if you never intended
- [What does criminal fraud mean?](https://groupiehead7.com/faq-items/what-does-criminal-fraud-mean-2/) - In general, fraud is the intentional use of deceit, a trick, or dishonest means to deprive someone of money, property, or a legal right. As set forth above, there are many types of frauds with different elements that pertain to each crime. Criminal fraud cases and their severity often depend on what was obtained, and
- [I’ve been charged with assault, what punishment do I face?](https://groupiehead7.com/faq-items/ive-been-charged-with-assault-what-punishment-do-i-face-2/) - In New York, there are various types of assault offenses including Assault in the Third Degree, Assault in the Second Degree, and Assault in the First Degree. Other types of assault are vehicular assaults, gang assaults, and assaults motivated as a hate crime. Depending on the type of assault you are charged with will control
- [What is assault in the third degree?](https://groupiehead7.com/faq-items/what-is-assault-in-the-third-degree-2/) - Assault in the Third Degree is either intentionally or recklessly causing physical injury to another person. It is also causing physical injury with criminal negligence to another person if you use a weapon.
- [What is the punishment for a conviction of assault in the 3rd degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-a-conviction-of-assault-in-the-3rd-degree-2/) - Assault in the Third Degree in violation of Penal Law section 120.00 is a class A misdemeanor. You face up to one year in jail, up to 3 years’ probation, and up to a $1,000 fine. There will be additional court fees, and a DNA sample will be collected. You also could be ordered to
- [What is assault in the second degree?](https://groupiehead7.com/faq-items/what-is-assault-in-the-second-degree-2/) - Assault in the Second Degree is intentionally causing serious physical injury, or physical injury with a weapon. Other types of Assault in the Second Degree include what would normally be Assault in the Third Degree but against a child; school employee; or senior citizen.
- [What is the punishment for a conviction of assault in the 2nd degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-a-conviction-of-assault-in-the-2nd-degree-2/) - Assault in the Second Degree is a class D violent felony. While a prison sentence is not mandatory, some period of incarceration is mandatory. You face up to 7 years in prison, up to 5 years’ probation, and a fine of $5,000. If you are receiving a probation sentence, you must do some jail, though
- [What is assault in the first degree?](https://groupiehead7.com/faq-items/what-is-assault-in-the-first-degree-2/) - Assault in the First Degree is intentionally causing serious physical injury with a weapon.
- [What is the punishment for a conviction of assault in the 1st degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-a-conviction-of-assault-in-the-1st-degree-2/) - Assault in the First Degree is a class B violent felony. A prison sentence is mandatory, and you face a minimum of 5 years and a maximum of 25 years. Your fine could be up to $5,000. A DNA sample will be collected. You also could be ordered to pay restitution and obey an order
- [What is vehicular assault in the second degree?](https://groupiehead7.com/faq-items/what-is-vehicular-assault-in-the-second-degree/) - Vehicular Assault in the Second Degree is causing serious physical injury to someone while driving intoxicated by alcohol, or impaired by drugs, or a combination of the two.
- [What is the punishment for a conviction of vehicular assault in the 2nd degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-a-conviction-of-vehicular-assault-in-the-2nd-degree/) - Vehicular Assault in the Second Degree is a class E felony. You face up to 4 years in prison, up to 5 years’ probation, and a fine up to $5,000. A DNA sample will be collected. You also could be ordered to pay restitution, obey an order of protection, and do community service.
- [What is vehicular assault in the first degree?](https://groupiehead7.com/faq-items/what-is-vehicular-assault-in-the-first-degree/) - Vehicular Assault in the First Degree is committing Vehicular Assault in the Second Degree and any one of the following: Your blood alcohol content is .18 or higher. The person you cause serious physical injury to is a passenger of yours 15 years old or younger. You cause serious physical injury to more than one
- [What is the punishment for a conviction of vehicular assault in the 1st degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-a-conviction-of-vehicular-assault-in-the-1st-degree/) - Vehicular Assault in the First Degree is a class D felony. You face up to 7 years in prison, up to 5 years’ probation, and a fine up to $5,000. A DNA sample will be collected. You also could be ordered to pay restitution, obey an order of protection, and do community service.
- [What is Gang Assault?](https://groupiehead7.com/faq-items/what-is-gang-assault/) - Gang Assault has two degrees, Second and First. Both require intentionally injuring someone while being aided by 2 or more people. Gang Assault in the Second degree is causing physical injury, whereas Gang Assault in the First degree is causing serious physical injury.
- [What is the punishment for gang assault in the 2nd degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-gang-assault-in-the-2nd-degree/) - Gang Assault in the Second Degree is a class C violent felony. A prison sentence is mandatory, and you face a minimum of 3½ years and a maximum of 15 years. Your fine could be up to $5,000. A DNA sample will be collected. You also could be ordered to pay restitution and obey an
- [If I am charged with committing a fraudulent act can I be sued for money and also face jail time?](https://groupiehead7.com/faq-items/if-i-am-charged-with-committing-a-fraudulent-act-can-i-be-sued-for-money-and-also-face-jail-time/) - Yes. Depending on the allegations, you could be facing both a civil lawsuit as well as a criminal prosecution. In a civil proceeding, you will be sued for money that was allegedly taken as part of the fraudulent act. In a criminal case, the government can seek to punish you with not only restitution or
- [What is the punishment for gang assault in the 1st degree?](https://groupiehead7.com/faq-items/what-is-the-punishment-for-gang-assault-in-the-1st-degree/) - Gang Assault in the First Degree is a class B violent felony. A prison sentence is mandatory, and you face a minimum of 5 years and a maximum of 25 years. Your fine could be up to $5,000. A DNA sample will be collected. You also could be ordered to pay restitution and obey an
- [What is a hate crime?](https://groupiehead7.com/faq-items/what-is-a-hate-crime/) - A Hate Crime is committing any specified offense while selecting a victim in whole or in substantial part because of a belief or perception of that person’s race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation. There are many specified offenses including most degrees of: Assault
- [If I am charged with a hate crime, what punishment do I face?](https://groupiehead7.com/faq-items/if-i-am-charged-with-a-hate-crime-what-punishment-do-i-face/) - Being charged with any specified offense as a Hate Crime increases the level of the offense by 1 level. In other words, if you are charged with an E felony as Hate Crime, you face punishment for a D felony. Here are the offense levels, from lowest to highest: Violation (not a crime) B misdemeanor
- [Can I be charged with a crime if the state gives me more money than I should receive?](https://groupiehead7.com/faq-items/can-i-be-charged-with-a-crime-if-the-state-gives-me-more-money-than-i-should-receive/) - Possibly. Often, state assistance is provided in the form of welfare, unemployment, or HEAP (Home Energy Assistance Program). Any time the state is providing monetary assistance, you must complete paperwork and make certain factual guarantees. Sometimes, guarantees are made on a weekly or monthly basis such as how many hours per week you work, whether
- [My check bounced; can I be charged with a crime?](https://groupiehead7.com/faq-items/my-check-bounced-can-i-be-charged-with-a-crime/) - In New York, simply bouncing a check is not a crime. However, if you wrote the check with knowledge of the insufficient funds, criminal charges would be proper. If you are charged with the crime of Issuing a Bad Check, the business will likely seek prompt payment from you. Before making any payment while charges
- [What is a qui tam case?](https://groupiehead7.com/faq-items/what-is-a-qui-tam-case/) - A qui tam lawsuit allows an individual, called the relator or whistleblower, to bring a civil lawsuit under the Federal False Claims Act or the New York State False Claims Act on behalf of the government. The purpose is to reward people for identifying crimes or fraud committed against the government. These cases are filed
- [I filed business documents with wrong information to a government agency, can I be arrested?](https://groupiehead7.com/faq-items/i-filed-business-documents-with-wrong-information-to-a-government-agency-can-i-be-arrested/) - Yes. If you knew the information was false when you filed it with the state, you may be guilty of a crime. You do not need to receive money to be charged with a crime. Rather, the act of providing the false information itself is a crime. If the information you provided was an innocent
- [Who can be a whistleblower?](https://groupiehead7.com/faq-items/who-can-be-a-whistleblower/) - Any person or organization with knowledge of a fraud being perpetrated against the government can be a whistleblower. Often, a whistleblower comes from the company that is committing the fraud, but this is not a requirement. The company cannot retaliate against the whistleblower. A lawyer can protect you from employment discrimination or retaliation following your
- [What are the penalties in a qui tam case?](https://groupiehead7.com/faq-items/what-are-the-penalties-in-a-qui-tam-case/) - The penalties in a qui tam case can be extraordinary. The Federal False Claims Act allows for treble damages, or three (3) times what the government paid for each false claim and a per claim penalty of a minimum of $11,462 and a maximum of $23,331 per claim. In New York state, the per claim
- [What is the statute of limitations on a qui tam case?](https://groupiehead7.com/faq-items/what-is-the-statute-of-limitations-on-a-qui-tam-case/) - The statute of limitations for a qui tam action is the longer of: 6 years from when the fraud is committed; or 3 years after the United States/New York knows or should know about the material facts, but not more than 10 years after the violation.
- [Does New York state have its own false claim act?](https://groupiehead7.com/faq-items/does-new-york-state-have-its-own-false-claim-act/) - Yes. New York State has its own False Claim Act under the State Finance Law. The New York False Claim Act is very similar to the Federal False Claims Act.
- [If I sign checks as my wife/husband, is it a forgery?](https://groupiehead7.com/faq-items/if-i-sign-checks-as-my-wife-husband-is-it-a-forgery/) - Maybe. For Forgery charges, what is important is whether the document was made without authorization. It is very common in committed partnerships for one partner to give the other partner the authority to sign a document or check on behalf of the other. Because of that authorization, even though you are signing their name, the
- [I used someone’s credit card without their permission but I have enough money to pay them back, can I be charged with a crime?](https://groupiehead7.com/faq-items/i-used-someones-credit-card-without-their-permission-but-i-have-enough-money-to-pay-them-back-can-i-be-charged-with-a-crime/) - Yes. In New York, it does not matter if the person lost any money. If you used their credit card without permission, it is a crime. Certainly, if the person did lose money, the more they lost, the more serious the charge against you would be. But even no loss is still a crime. New
- [I’m a contractor who was paid to do a job I did not do/ I did not finish. Can I be arrested?](https://groupiehead7.com/faq-items/im-a-contractor-who-was-paid-to-do-a-job-i-did-not-do-i-did-not-finish-can-i-be-arrested/) - Potentially. If you are a professional who contracts work for homes or businesses, there are facts and circumstances that the government considers when deciding whether they believe a disagreement is a civil contract dispute, or a criminal fraud or theft. The police or prosecutor will consider how much money was paid upfront; how much work
- [What should I do after I’ve been charged with a DWI in New York?](https://groupiehead7.com/faq-items/what-should-i-do-after-ive-been-charged-with-a-dwi-in-new-york/) - Contact a DWI lawyer immediately. It is important to meet with a DWI attorney while the arrest is still fresh in your mind to ensure all the important facts—from the initial traffic stop, to any on-scene tests and statements, to the actual arrest—are documented. Depending on the circumstances, you may be facing penalties faster than
- [Can I be charged with DUI in New York?](https://groupiehead7.com/faq-items/can-i-be-charged-with-dui-in-new-york/) - No. DUI or “Driving Under the Influence” is the terminology used in some states to describe a drunk driving charge. However, a drunk driving charge in New York is not referred to as DUI. Rather a DUI in New York is called DWI or “Driving While Intoxicated”.
- [How much will a DWI in NY cost?](https://groupiehead7.com/faq-items/how-much-will-a-dwi-in-ny-cost/) - A conviction for a DWAI/DWI offense can be very costly. Court fines, surcharges, and DMV fees can add up quickly. For a first-time DWAI conviction, you face up to $500 in court fines plus another $255 or $260 in surcharges depending on whether your case in is a Town or Village Court. For a first-time
- [What will happen at my first DWI court appearance?](https://groupiehead7.com/faq-items/what-will-happen-at-my-first-dwi-court-appearance/) - Your first court appearance is known as the arraignment. At your first court appearance for a DWI charge, when you stand before the Judge, you and your DWI lawyer will enter a plea of Not Guilty to the charges. Additionally, at the first court appearance, the Judge is required to decide if your license should
- [If I am charged with a DWI, will I lose my license when I go to court?](https://groupiehead7.com/faq-items/if-i-am-charged-with-a-dwi-will-i-lose-my-license-when-i-go-to-court/) - Maybe. New York has a “Prompt Suspension Law” which requires a Judge to suspend your license or operating privilege upon a finding that the charging documents are legally sufficient, and if there is a certified breath test result confirming your blood alcohol content (BAC) was .08 or greater. However, your DWI attorney may be able
- [If the court takes my license, can I still drive while my case is pending?](https://groupiehead7.com/faq-items/if-the-court-takes-my-license-can-i-still-drive-while-my-case-is-pending/) - Maybe. If the court takes your license at your court appearance, you may be entitled to request a “hardship license” if there are no alternative means of transportation to and from work, school or medical appointments. If eligible, your DWI attorney should apply to the court for a hardship license to ensure you can still
- [What is a hardship license?](https://groupiehead7.com/faq-items/what-is-a-hardship-license/) - A hardship license is issued by a court after your license has been suspended pending prosecution for a DWI. A hardship license will allow you to drive to and from work, to and from school, or to and from medical appointments only. This license cannot be used for recreation, grocery shopping, work related driving, or
- [What is a pre-conviction conditional license?](https://groupiehead7.com/faq-items/what-is-a-pre-conviction-conditional-license/) - If more than 30 days has passed since you appeared in court for your DWI charge, and if your case is still pending, you may qualify for a pre-conviction conditional license. This license allows a person to drive not only to and from work, school or medical appointments, but also during the course of your
- [How long will my DWI case take?](https://groupiehead7.com/faq-items/how-long-will-my-dwi-case-take/) - It is difficult to predict how long your DWI case will take and it can often depend on the location of the offense, whether there was an accident or injuries that resulted, and whether you have a prior record. In some instances, a DWI charge can be resolved at the first court appearance and in
- [Does the time before I am convicted of DWI count toward my license suspension?](https://groupiehead7.com/faq-items/does-the-time-before-i-am-convicted-of-dwi-count-toward-my-license-suspension/) - No. Unfortunately the time before any conviction does not count toward a suspension or revocation you may face if you are ultimately convicted of DWI.
- [Can I still drive if I am convicted of drinking and driving?](https://groupiehead7.com/faq-items/can-i-still-drive-if-i-am-convicted-of-drinking-and-driving/) - Maybe. If you have not been convicted of a DWI in the past 5 years and have not been convicted of 2 DWIs in the last 25 years, you are likely eligible to obtain a conditional driver’s license if you are convicted of a DWAI or DWI offense. In order to drive after a DWAI
- [What is the Impaired Driving Program?](https://groupiehead7.com/faq-items/what-is-the-impaired-driving-program/) - The Impaired Driving Program is a 7-week course offered by the department of motor vehicles (DMV) only to people who have been convicted of DWAI or DWI. You cannot take this program unless you have been convicted of DWAI or DWI. The program meets 1 time per week for approximately 2 hours per session. By
- [Can I take the Impaired Driving Program before I am convicted?](https://groupiehead7.com/faq-items/can-i-take-the-impaired-driving-program-before-i-am-convicted/) - No. Only people who have been convicted of DWAI or DWI can enroll in the Impaired Driving Program.
- [What is a conditional driver’s license?](https://groupiehead7.com/faq-items/what-is-a-conditional-drivers-license/) - A conditional driver’s license allows a person who has been convicted of DWAI or DWI to drive under certain conditions during the period of their license suspension or revocation. A conditional license holder can drive to and from work, during the course of their business hours, to and from school, to and from the DMV
- [What is a victim impact panel?](https://groupiehead7.com/faq-items/what-is-a-victim-impact-panel/) - A victim impact panel is a 2-hour panel discussion where individuals who had lost loved ones speak to the audience about the impacts drinking and driving has had on their lives and/or the lives of their family members. The goal of the panel is to serve as a deterrent for the audience members from ever
- [What is an ignition interlock device (IID)?](https://groupiehead7.com/faq-items/what-is-an-ignition-interlock-device-iid/) - An IID is a breath test device that is installed in your personal vehicle. It requires the driver to blow into a device each time the vehicle is started. It also requires regular re-testing of the driver while the vehicle is in motion. The device must be installed by an approved vendor at a cost
- [What can I expect if I am placed on probation for DWI?](https://groupiehead7.com/faq-items/what-can-i-expect-if-i-am-placed-on-probation-for-dwi/) - If you receive a sentence of probation, it can range anywhere from 1 to 5 years for a DWI offense. You will likely have to comply with the following terms and conditions of probation: Report to probation as directed Remain within the jurisdiction of the court unless granted permission to travel Remain arrest free Do
- [Can my license be suspended for longer than the DMV says if I am on probation?](https://groupiehead7.com/faq-items/can-my-license-be-suspended-for-longer-than-the-dmv-says-if-i-am-on-probation/) - Yes. Even though you may be facing a 6 month or 1-year license revocation according to the DMV, the judge and/or the probation department can prevent you from driving for longer as a term and condition of your probation. Therefore, even if you are eligible to get your license back according to the DMV, if
- [How long will a DWI conviction stay on my record?](https://groupiehead7.com/faq-items/how-long-will-a-dwi-conviction-stay-on-my-record/) - Forever. Whether you were convicted of a DWAI, DWI, or Aggravated DWI, the convictions remain on your criminal history report forever. You may wish to obtain a lifetime abstract from DMV, which contains all convictions for the duration of your driving history in New York state. In New York State, there is a 25 year look
- [Does a conviction in NY for DWI impact my ability to drive in, or get a license in, another state?](https://groupiehead7.com/faq-items/does-a-conviction-in-ny-for-dwi-impact-my-ability-to-drive-in-or-get-a-license-in-another-state/) - Yes. If you are convicted of DWAI, DWI, or Aggravated DWI in New York, whatever consequences are imposed on your ability to drive will carry into any other state. If you are issued a conditional license in New York, those conditions are applicable if you are driving in any other state. Once you have successfully
- [Is driving while ability impaired (DWAI) by alcohol a crime?](https://groupiehead7.com/faq-items/is-driving-while-ability-impaired-dwai-by-alcohol-a-crime/) - No. DWAI in violation of vehicle and traffic law 1192(1) is a violation and is not a misdemeanor or felony. While its penalties can still be severe, if this is your only conviction, and if you are asked if you have been convicted of a crime, your answer is no.
- [What are the penalties for a DWAI conviction?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-a-dwai-conviction/) - If you are convicted of DWAI, you face a license suspension of 90 days, a maximum fine of $500, plus a mandatory court surcharge of $255 or $260 depending on the court of conviction. You also face up to 15 days in jail. Finally, if you are convicted of DWAI, you must pay the DMV
- [What happens to my license if I am convicted of DWAI?](https://groupiehead7.com/faq-items/what-happens-to-my-license-if-i-am-convicted-of-dwai/) - If you are convicted of a first-time DWAI offense, your license is suspended for 90 days.
- [What is a 20-day stay of my license suspension?](https://groupiehead7.com/faq-items/what-is-a-20-day-stay-of-my-license-suspension/) - If you have been convicted of a DWAI or DWI offense, and if you are eligible for a conditional license, a judge may agree to delay the license suspension or revocation for up to 20 days following the conviction. This 20-day delay allows you time to obtain your conditional license. During the 20 day stay
- [Is driving while intoxicated (DWI) a crime?](https://groupiehead7.com/faq-items/is-driving-while-intoxicated-dwi-a-crime/) - Yes. A first time DWI conviction under vehicle and traffic law 1192(2) or 1192(3) is a misdemeanor. If you have one or more prior misdemeanor convictions within a 10-year time frame from your last conviction, you will likely be charged with a felony.
- [What are the penalties for a first time DWI conviction?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-a-first-time-dwi-conviction/) - In New York State, Driving While Intoxicated (DWI) is a misdemeanor, and is charged when a person operates a motor vehicle in an intoxicated condition or with a blood alcohol content (BAC) of 0.08 or greater. If this is your first DWI conviction your license will be revoked for a minimum of six months. For
- [What happens to my license if I am convicted of a DWI?](https://groupiehead7.com/faq-items/what-happens-to-my-license-if-i-am-convicted-of-a-dwi/) - If you are convicted of a first-time DWI offense, your license will be revoked for minimum of six months. After the revocation period, you must reapply for a NY License and cannot simply reinstate your previous license. Importantly, if your conviction results in a sentence of probation, your probation officer or the Judge, not the
- [Do I face jail or probation if I am convicted of DWI?](https://groupiehead7.com/faq-items/do-i-face-jail-or-probation-if-i-am-convicted-of-dwi/) - Yes. A person convicted of a first-time DWI faces up to one year in jail and/or three years’ probation.
- [If i am convicted of DWI will I have to install an ignition interlock device in my vehicle?](https://groupiehead7.com/faq-items/if-i-am-convicted-of-dwi-will-i-have-to-install-an-ignition-interlock-device-in-my-vehicle/) - Yes. If you are convicted of DWI, Aggravated DWI, or a Leandra’s Law violation (See below), you will be required to install an ignition interlock device on any vehicle that you own or operate. This is a sentencing requirement and not able to be negotiated away. While the length of time may be somewhat modified,
- [When is a person charged with felony DWI?](https://groupiehead7.com/faq-items/when-is-a-person-charged-with-felony-dwi/) - In order to be charged with a felony DWI you must have at least 1 prior conviction for either a misdemeanor or felony DWI within the last 10 years. You can also be charged with a felony if you operate a vehicle with a BAC of .08 or more and have a child in the
- [What will happen if I am convicted of a felony DWI?](https://groupiehead7.com/faq-items/what-will-happen-if-i-am-convicted-of-a-felony-dwi/) - If you are convicted of a Felony DWI, you will lose your driver’s license for at least 1 year. You also face up to 4 years in prison and/or up to 5 years of probation. The court will impose a maximum fine of $5000 and a surcharge of $520. The Department of Motor Vehicles (DMV)
- [What is the charge if I am intoxicated and have a child in the car?](https://groupiehead7.com/faq-items/what-is-the-charge-if-i-am-intoxicated-and-have-a-child-in-the-car/) - In NY, driving while intoxicated with a child in the car is a felony charge if the motorist has a blood alcohol content (BAC) of .08 or greater and has a child under the age of 16 in the vehicle. This offense, known as a Leandra’s law violation under vehicle and traffic law 1192(2-a)(b), is
- [What is an aggravated DWI?](https://groupiehead7.com/faq-items/what-is-an-aggravated-dwi/) - Aggravated DWI is a misdemeanor pursuant to vehicle and traffic law 1192(2-a)(a) and is charged when a person operating a motor vehicle has a blood alcohol content (BAC) of .18 or greater.
- [What are the penalties for Aggravated DWI?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-aggravated-dwi/) - For a first-time Aggravated DWI violation, your license will be revoked for a minimum of one year. You face up to 1 year in jail and/or up to 3 years of probation. Aggravated DWI court fines can be up to $2,500 with $395 or $400 in surcharges depending on the court of conviction. In addition,
- [What happens to my license if i am convicted of Aggravated DWI?](https://groupiehead7.com/faq-items/what-happens-to-my-license-if-i-am-convicted-of-aggravated-dwi/) - For a first-time Aggravated DWI, your license will be revoked for a minimum of one year. However, if this is your first alcohol related conviction, you may be eligible for a conditional license by enrolling in the impaired driver program.
- [What are the penalties for driving under the influence of drugs?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-driving-under-the-influence-of-drugs/) - A first-time conviction for driving under the influence of drugs, under vehicle and traffic law 1192(4), will result in a license revocation for a minimum of six months. You face up to $1,000 in court fines and will have to pay $395 or $400 in surcharges depending on the court of conviction. You also face
- [What are the penalties for driving under the combined influence of drugs and/or alcohol?](https://groupiehead7.com/faq-items/what-are-the-penalties-for-driving-under-the-combined-influence-of-drugs-and-or-alcohol/) - Driving while your ability is impaired by the combined influence of drugs and/or alcohol is found under vehicle and traffic law section 1192(4-a). If you are convicted of this offense, it is a misdemeanor and your license will be revoked for a minimum of six months. You will be fined up to $1,000 and will
- [If I am charged with a DWI in my personal vehicle, what will happen to my CDL?](https://groupiehead7.com/faq-items/if-i-am-charged-with-a-dwi-in-my-personal-vehicle-what-will-happen-to-my-cdl/) - If you are a commercial driver and are convicted of DWI while driving your personal vehicle, your commercial driver’s license will be revoked for a minimum of one year.
- [How long will I lose my CDL if I am convicted of DWI in a commercial vehicle?](https://groupiehead7.com/faq-items/how-long-will-i-lose-my-cdl-if-i-am-convicted-of-dwi-in-a-commercial-vehicle/) - In New York, pursuant to vehicle and traffic law 1192(5), it is illegal to operate a commercial vehicle if your blood alcohol concentration (BAC) is .04% or more. If you are convicted of driving a commercial vehicle with a BAC of .04% or higher, you will lose your CDL for at least one year for
- [What is a zero tolerance violation?](https://groupiehead7.com/faq-items/what-is-a-zero-tolerance-violation/) - A zero-tolerance violation may be charged when a person under 21 drives a motor vehicle with a blood alcohol content (BAC) between .02 and .07. A conviction for this offense is civil in nature, and therefore does not result in a criminal conviction. If convicted of this offense the under 21 motorist faces a license
- [What are the penalties if I am under 21 and am convicted of DWAI?](https://groupiehead7.com/faq-items/what-are-the-penalties-if-i-am-under-21-and-am-convicted-of-dwai/) - A DWAI violation may be charged if the BAC is between .06 and .07. A conviction for this offense is a violation and does not result in a criminal conviction. If convicted of this offense the under 21 motorist faces a 1-year license revocation, a maximum fine of $500, plus a court surcharge of $255
- [What are the penalties if I am under 21 and am convicted of DWI?](https://groupiehead7.com/faq-items/what-are-the-penalties-if-i-am-under-21-and-am-convicted-of-dwi/) - A DWI violation may be charged if the BAC is .08 or greater. A conviction for this offense may result in a criminal record. If convicted of this offense the under 21 motorist faces a minimum 1-year license revocation, a maximum fine of $1000 and mandatory court surcharges of $395 or $400 depending on the
- [Who is eligible to be a youthful offender?](https://groupiehead7.com/faq-items/who-is-eligible-to-be-a-youthful-offender/) - Youthful offender applies to a person who is under 19 years old who has no prior felony convictions and has never before been treated as a youthful offender.
- [What are the benefits to being a youthful offender?](https://groupiehead7.com/faq-items/what-are-the-benefits-to-being-a-youthful-offender/) - Youthful offender applies to a person who is under 19 years old who has no prior felony convictions and has never before been treated as a youthful offender.
- [If I am pulled over for DWI, should I take a breathalyzer?](https://groupiehead7.com/faq-items/if-i-am-pulled-over-for-dwi-should-i-take-a-breathalyzer/) - Be wary of advice that says “never” or “always” submit to this test. There are numerous factors to consider when determining if a client should take a breathalyzer test or refuse the test. The important questions include: Whether you have a prior conviction for driving while intoxicated How many alcoholic beverages you’ve consumed Whether there
- [What is the penalty if I refuse to take a breath test?](https://groupiehead7.com/faq-items/what-is-the-penalty-if-i-refuse-to-take-a-breath-test/) - The consequences of refusing to take a breath test depends on what type of test you refused. If you refused to take a portable breath screening test (PBST), which is a handheld device most commonly administered at the time of the stop, this is simply a traffic ticket for which you may be fined by
- [What happens at a DMV refusal hearing?](https://groupiehead7.com/faq-items/what-happens-at-a-dmv-refusal-hearing/) - At a department of motor vehicles refusal hearing a judge will hear testimony from the arresting officer regarding your arrest. You may also testify, although you are not required to. This is a decision you should make with your DWI Lawyer. At a refusal hearing, the judge must consider the following: Did the police have
- [Should I have a DWI lawyer at a DMV refusal hearing?](https://groupiehead7.com/faq-items/should-i-have-a-dwi-lawyer-at-a-dmv-refusal-hearing/) - Yes. It is highly recommended that you retain a lawyer to represent you at a refusal hearing. Although this is an administrative hearing and not a criminal proceeding, the consequences on your license are significant. Additionally, this hearing is an early opportunity for a lawyer to cross examine the arresting officer about what happened in
- [If I am under 21 and convicted of drinking and driving can I still drive for work and school?](https://groupiehead7.com/faq-items/if-i-am-under-21-and-convicted-of-drinking-and-driving-can-i-still-drive-for-work-and-school/) - Possibly. If you have no prior conviction for drinking and driving in the past 5 years, you are eligible for a conditional license by participating in the impaired driving program.
- [What is murder in the second degree?](https://groupiehead7.com/faq-items/what-is-murder-in-the-second-degree/) - Murder is a class A-1 felony, the most serious crime in New York. There are 5 types of Murder in the Second Degree: Intentional and unlawful killing of another person. NY Penal Law §125.25(1). Depraved Indifference Murder, NY Penal Law §125.25(2). This is where you are acting recklessly, not intentionally, but with such a depraved
- [What is manslaughter?](https://groupiehead7.com/faq-items/what-is-manslaughter/) - In New York State Court, there are various types of Manslaughter charges. Manslaughter is less serious than murder, but still very serious. The main difference between Manslaughter and Murder is the intent of the accused at the commission of the crime.
- [What is aggravated murder?](https://groupiehead7.com/faq-items/what-is-aggravated-murder/) - Aggravated Murder involves special cases where the person who died has some special status as defined by the law. All of these are found under NY Penal Law §125.26. Killing of the following people who have special status would result in an aggravated murder charge: Police officer; Court officer; Parole officer; Probation officer; Employee of
- [What is manslaughter in the first degree?](https://groupiehead7.com/faq-items/what-is-manslaughter-in-the-1st-degree/) - A person can be charged with Manslaughter in the 1st Degree, in violation of NY Penal Law section 125.20 if the defendant commits one of the following acts: The defendant intends to cause serious physical injury to a person but instead causes that person or another person to die; The defendant intends to cause the
- [What is murder in the first degree?](https://groupiehead7.com/faq-items/what-is-murder-in-the-first-degree/) - There are over 20 different types of Murder in the First Degree. These are all listed under various subdivisions of New York Penal Law §125.27. The crime of Murder in the 1st Degree can be grouped as follows: Many of the same individuals listed in Aggravated Murder will also result in a Murder in the
- [What punishment do I face if I am convicted of manslaughter in the first degree?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-am-convicted-of-manslaughter-in-the-1st-degree/) - Manslaughter in the 1st Degree is a class B felony. If a person is convicted of this offense, the person faces a mandatory prison sentence between 5 and 25 years, post release supervision of between 2 ½ years and 5 years, and a fine of up to $5000.
- [What can my sentence be if I am convicted of murder?](https://groupiehead7.com/faq-items/what-can-my-sentence-be-if-i-am-convicted-of-murder/) - Murder charges are the most serious felonies under New York Law, though the sentences for them may vary. The following are the penalties for Murder, keeping in mind that certain mandatory sentencing may be altered depending on which of the following subdivisions a person has been convicted of, or what the person’s criminal history may
- [What is manslaughter in the second degree?](https://groupiehead7.com/faq-items/what-is-manslaughter-in-the-2nd-degree/) - A person can be charged with manslaughter in the 2nd degree, in violation of NY penal law section 125.15 if the defendant commits one of the following acts: He recklessly causes the death of another person. This means that the defendant engages in conduct which creates or contributes to a substantial and unjustifiable risk that
- [What punishment do I face if I am convicted of manslaughter in the second degree?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-am-convicted-of-manslaughter-in-the-2nd-degree/) - Manslaughter in the 2nd degree is a class C felony. If a person is convicted of this offense, the person faces up to 15 years in a state correctional facility. In the alternative, the defendant may be sentenced to maximum period of probation of up to 5 years. The defendant also faces a fine of
- [What is aggravated manslaughter in the first degree?](https://groupiehead7.com/faq-items/what-is-aggravated-manslaughter-in-the-1st-degree/) - A person can be charged with aggravated manslaughter in the 1st degree, in violation of NY penal law section 125.22 if the defendant commits one of the following acts: with intent to cause serious physical injury to a police officer or peace officer he or she causes the death of such officer or another police
- [What punishment do I face if I am convicted of aggravated manslaughter in the first degree?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-am-convicted-of-aggravated-manslaughter-in-the-1st-degree/) - Aggravated Manslaughter in the 1st degree is a class B felony. If a person is convicted of this offense, the person faces a mandatory prison sentence between 10 and 30 years, post release supervision of between 2 ½ years and 5 years, and a fine of up to $5000.
- [What is aggravated manslaughter in the second degree?](https://groupiehead7.com/faq-items/what-is-aggravated-manslaughter-in-the-2nd-degree/) - A person can be charged with aggravated manslaughter in the 2nd degree, in violation of NY penal law section 125.21 if the defendant recklessly causes the death of a police officer or peace officer.
- [What punishment do I face if I am convicted of aggravated manslaughter in the second degree?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-am-convicted-of-aggravated-manslaughter-in-the-2nd-degree/) - Aggravated Manslaughter in the 2nd degree is a class C felony. If a person is convicted of this offense, the person faces a mandatory sentence of between 7 and 20 years, post release supervision of between 2 ½ years and 5 years, and a fine of up to $5000.
- [What is vehicular manslaughter in the first degree?](https://groupiehead7.com/faq-items/what-is-vehicular-manslaughter-in-the-1st-degree/) - A person can be charged with vehicular manslaughter in the 1st degree, in violation of N.Y. penal law section 125.13 if the defendant commits vehicular manslaughter in the 2nd degree as defined below and has one of the following aggravating factors: a blood alcohol content of.18 or higher. while their driver’s license is suspended or
- [What punishment do I face if I am convicted of vehicular manslaughter in the first degree?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-am-convicted-of-vehicular-manslaughter-in-the-1st-degree/) - Vehicular Manslaughter in the 1st degree is a class C felony. If a person is convicted of this offense, the person faces up to 15 years in a state correctional facility. In the alternative, the defendant may be sentenced to maximum period of probation of up to 5 years. The defendant also faces a fine
- [What is vehicular manslaughter in the second degree?](https://groupiehead7.com/faq-items/what-is-vehicular-manslaughter-in-the-2nd-degree/) - A person can be charged with vehicular manslaughter in the 2nd degree, in violation of NY penal law section 125.12 if the defendant commits one of the following acts: they operate a motor vehicle or a boat while intoxicated by alcohol and/or impaired by drugs and causes the death of a person. they operate a
- [What punishment do I face if I am convicted of vehicular manslaughter in the second degree?](https://groupiehead7.com/faq-items/what-punishment-do-i-face-if-i-am-convicted-of-vehicular-manslaughter-in-the-2nd-degree/) - Vehicular Manslaughter in the 2nd degree is a class D felony. If a person is convicted of this offense, the person faces an indeterminate sentence up to 7 years in a state correctional facility. In the alternative, the defendant may be sentenced to maximum period of probation of up to 5 years. The defendant also
- [What is the safety valve exception in Federal Drug Cases?](https://groupiehead7.com/faq-items/what-is-the-safety-valve-exception-in-federal-drug-cases/) - The Safety valve exception allows an additional two-point guideline reduction if you: Do not have more than 1 criminal history point. There was no violence or allegations of a gun. No one was injured. You were not an organizer or leader of the offense. You have provided a truthful debriefing of your conduct. If this
- [If I try and meet a person who I believe is underage, but that person turns out to be an undercover police officer can I be charged with a crime in New York?](https://groupiehead7.com/faq-items/if-i-try-and-meet-a-person-who-i-believe-is-underage-but-that-person-turns-out-to-be-an-undercover-police-officer-can-i-be-charged-with-a-crime-in-new-york/) - Yes. In the area of rape, other sexually related crimes (LINK), or child pornography (LINK), law enforcement will often act in an undercover capacity to establish relationships with people online. If you meet someone you believe to be underage for a sexually related purpose, in New York you can be charged with Attempted Rape or
- [If I am arrested for meeting an undercover police officer who I thought was underage, is this considered entrapment?](https://groupiehead7.com/faq-items/if-i-am-arrested-for-meeting-an-undercover-police-officer-who-i-thought-was-underage-is-this-considered-entrapment/) - Possibly. A person arrested as part of a sting operation for potential sexual interactions with a minor may have an entrapment defense if they can prove they otherwise would not have committed the crime but for the inducement by law enforcement. To have a successful entrapment defense, the conversations between you and the undercover law
- [If I get convicted for meeting an undercover law enforcement officer who I believed was a minor, will I be required to register as a sex offender?](https://groupiehead7.com/faq-items/if-i-get-convicted-for-meeting-an-undercover-law-enforcement-officer-who-i-believed-was-a-minor-will-i-be-required-to-register-as-a-sex-offender/) - Yes. Convictions for crimes related to sexual crimes with minors, even if they are attempted crimes or involve an undercover law enforcement officer, require registration under the New York State Sex Offender Registration Act (SORA).
- [How is it determined if a teenager will receive youthful offender status?](https://groupiehead7.com/faq-items/how-is-it-determined-if-a-teenager-will-receive-youthful-offender-status/) - When a person is convicted of a crime, a Judge is responsible for determining the sentence that person will receive. This is appropriately called the “sentencing” phase of a criminal case. What some people do not realize, however, is that sentences can vary wildly based upon the discretion of the particular judge assigned to oversee
- [What will help my child receive a youthful offender sentence?](https://groupiehead7.com/faq-items/what-will-help-my-child-receive-a-youthful-offender-sentence/) - Your child will have a better chance at receiving a YO sentence if your criminal defense lawyer can argue that there is evidence of rehabilitation and demonstration of living a productive life including participation in educational and vocational programs, alcohol and substance abuse treatment and/or mental health treatment, and family and community involvement. If your
- [Do I need a lawyer if my teen is ticketed for possessing a fake ID or driver’s license?](https://groupiehead7.com/faq-items/do-i-need-a-lawyer-if-my-teen-is-ticketed-for-possessing-a-fake-id-or-drivers-license/) - Yes. Possessing and/or using a fake ID or driver’s license is considered a Class D felony. A criminal attorney will be needed. https://www.tiktok.com/@lawyergeorge/video/7364942551117303082?is_from_webapp=1&sender_device=pc&web_id=7293529820113045035

## Fusion Elements

- [Short Contact Box](https://groupiehead7.com/fusion_element/short-contact-box/) - LaMarche Safranko Law provides award-winning personal injury, criminal defense, and professional discipline representation across New York
- [Badges](https://groupiehead7.com/fusion_element/badges/) - LaMarche Safranko Law provides award-winning personal injury, criminal defense, and professional discipline representation across New York
- [Mobile Header CD](https://groupiehead7.com/fusion_element/mobile-header-cd/) - Get Criminal Defense Help | Click To Call
- [PI Testimonials Container](https://groupiehead7.com/fusion_element/pi-testimonials-container/) - Law Firm Testimonials Loading... Video Transcript | Click Here Vicki Testimonial Transcript Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You
- [Mobile Header NEWS](https://groupiehead7.com/fusion_element/mobile-header-news/)
- [Home Slider Desktop](https://groupiehead7.com/fusion_element/home-slider-desktop/)
- [Mobile Header Team](https://groupiehead7.com/fusion_element/mobile-header-team/)
- [Mobile Header PI](https://groupiehead7.com/fusion_element/mobile-header-pi/) - Experienced wrongful death lawyers understand that the untimely death of a loved one caused by the negligence or wrongdoing of another person is one of the most painful experiences a family can face.
- [PI Timeline Container](https://groupiehead7.com/fusion_element/pi-timeline-container/) - Experienced wrongful death lawyers understand that the untimely death of a loved one caused by the negligence or wrongdoing of another person is one of the most painful experiences a family can face.
- [Tagline PI](https://groupiehead7.com/fusion_element/tagline-pi/) - Our personal injury law firm has fought to help car accident victims from Albany to Plattsburgh recover the compensation they deserve. If you or a loved one has been injured in a automobile crash, our experienced car accident lawyers near you can make all the difference in protecting your rights and pursuing justice.
- [Google Reviews Container](https://groupiehead7.com/fusion_element/google-reviews-container/) - Based on 235 reviewspowered by Googlereview us onResponse from the owner 14:09 14 Jul 25 Thank you for the 5 star review! Good results, dependable and hardworking attorneys, all the things crucial to an amazing law firm!!! Would definitely recommend LaMarche Safranko!!Response from the owner 14:10 14 Jul 25 Thank you so much for your
- [Bottom Orange Separator Container](https://groupiehead7.com/fusion_element/bottom-orange-separator-container/)
- [CD Practice Area Buttons](https://groupiehead7.com/fusion_element/cd-practice-area-buttons/) - Attorneys Near Me | Criminal Defense Practice Areas Assault & Related OffensesBurglary & RobberyComputer Related CrimesCriminal ContemptDrug OffensesDWIFraudJuvenile OffensesLarcenyMurder / ManslaughterParole ViolationsProbation ViolationsOrders of ProtectionSealing Criminal RecordsSex CrimesTax CrimesTax CrimesTraffic Related OffensesTransporting Undocumented ImmigrantsWeapon PossessionLawyers Near Me | Professional/Education Discipline Practice Areas Professional DisciplineTitle IXSuperintendent Suspension Hearings
- [Tagline CD](https://groupiehead7.com/fusion_element/tagline-cd/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED
- [PI Practice Area Buttons](https://groupiehead7.com/fusion_element/pi-practice-area-buttons/) - Attorneys Near Me | Personal Injury Practice Areas Auto / Car AccidentBicycle AccidentBirth InjuriesBoat AccidentBus / Limo AccidentConstruction Site AccidentDog Bite InjuryFarm / Tractor AccidentFELAMedical MalpracticeMotorcycle AccidentNursing Home NegligencePedestrian AccidentProducts LiabilitySchool Injury & NegligenceSexual Assault & AbuseSlip & FallTruck AccidentTraumatic Brain InjuryWrongful Death
- [Contact Box Mobile](https://groupiehead7.com/fusion_element/contact-box-mobile/)
- [Mobile Header Home](https://groupiehead7.com/fusion_element/mobile-header-home/)
- [Header Image CD](https://groupiehead7.com/fusion_element/header-image-cd/)
- [awards](https://groupiehead7.com/fusion_element/awards/)
- [PI Practice Area Subpage header](https://groupiehead7.com/fusion_element/pi-practice-area-subpage-header/)
- [PI Tagline](https://groupiehead7.com/fusion_element/pi-tagline/) - Charged with a Crime? Don’t Waste Time. Call 844-ACCUSED
- [FAQs Container](https://groupiehead7.com/fusion_element/faqs-container/)
- [Text Content Container](https://groupiehead7.com/fusion_element/text-content-container/)
- [Video & Text Container](https://groupiehead7.com/fusion_element/video-text-container/)
- [Top Content Container](https://groupiehead7.com/fusion_element/top-content-container/)
- [Tagline Header with Logo](https://groupiehead7.com/fusion_element/tagline-header-with-logo/)
- [Animated Slider Header](https://groupiehead7.com/fusion_element/animated-slider-header/)
- [Product Card](https://groupiehead7.com/fusion_element/product-card/) - Testimonial Slide 4[fusion_tb_woo_price show_sale=”yes” sale_position=”right” layout=”floated” show_stock=”yes” show_badge=”no” discount_type=”percent” badge_position=”right” alignment=”center” badge_border_size=”1″ hide_on_mobile=”small-visibility,medium-visibility,large-visibility” animation_direction=”left” animation_speed=”0.3″ animation_delay=”0″ margin_bottom=”4px” fusion_font_variant_sale_typography=”var(–awb-typography5)” fusion_font_family_sale_typography=”var(–awb-typography5-font-family)” sale_font_size=”18px” sale_line_height=”var(–awb-typography5-line-height)” sale_letter_spacing=”var(–awb-typography5-letter-spacing)” sale_text_transform=”var(–awb-typography5-text-transform)” sale_color=”var(–awb-color5)” /][fusion_tb_woo_rating show_count=”no” placeholder=”yes” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” animation_direction=”left” animation_speed=”0.3″ animation_delay=”0″ alignment=”center” icon_size=”14px” icon_color=”hsla(calc(var(–awb-color4-h) + 202),calc(var(–awb-color4-s) + 4%),var(–awb-color4-l),var(–awb-color4-a))” /]

## Categories

- [Uncategorized](https://groupiehead7.com/category/uncategorized/)
- [General News](https://groupiehead7.com/category/general-news/)
- [Community Service](https://groupiehead7.com/category/community-service/)
- [Personal Injury](https://groupiehead7.com/category/personal-injury/)
- [Dog Bite/Attack](https://groupiehead7.com/category/dog-bite-attack/)
- [Automobile Accidents](https://groupiehead7.com/category/automobile-accidents/)
- [Verdicts & Settlements](https://groupiehead7.com/category/verdicts-settlements/)
- [DWI Laws](https://groupiehead7.com/category/dwi-laws/)
- [Boating](https://groupiehead7.com/category/boating/)
- [Vehicular Manslaughter](https://groupiehead7.com/category/vehicular-manslaughter/)
- [Safety](https://groupiehead7.com/category/safety/)
- [Prevention](https://groupiehead7.com/category/prevention/)
- [Criminal Defense](https://groupiehead7.com/category/criminal-defense/)
- [Negligence & Wrongful Death](https://groupiehead7.com/category/negligence-wrongful-death/)
- [Professional Discipline](https://groupiehead7.com/category/professional-discipline/)
- [School Suspension](https://groupiehead7.com/category/school-suspension/)

## Tags

- [lawyers4theinjured](https://groupiehead7.com/tag/lawyers4theinjured/)
- [personal injury attorney](https://groupiehead7.com/tag/personal-injury-attorney/)
- [personal injury lawyer](https://groupiehead7.com/tag/personal-injury-lawyer/)
- [auto accident attorney](https://groupiehead7.com/tag/auto-accident-attorney/)
- [car accident lawyer](https://groupiehead7.com/tag/car-accident-lawyer/)
- [personal injury](https://groupiehead7.com/tag/personal-injury/)
- [snowplow accident](https://groupiehead7.com/tag/snowplow-accident/)
- [attorney](https://groupiehead7.com/tag/attorney/)
- [criminal defense](https://groupiehead7.com/tag/criminal-defense/)
- [drugs](https://groupiehead7.com/tag/drugs/)
- [lawyer](https://groupiehead7.com/tag/lawyer/)
- [double jeopardy](https://groupiehead7.com/tag/double-jeopardy/)
- [car accident](https://groupiehead7.com/tag/car-accident/)
- [DUI](https://groupiehead7.com/tag/dui/)
- [DWI](https://groupiehead7.com/tag/dwi/)
- [juvenile offenses](https://groupiehead7.com/tag/juvenile-offenses/)
- [professional discipline](https://groupiehead7.com/tag/professional-discipline/)
- [professional misconduct](https://groupiehead7.com/tag/professional-misconduct/)
- [court date](https://groupiehead7.com/tag/court-date/)
- [sentencing date](https://groupiehead7.com/tag/sentencing-date/)
- [public defender](https://groupiehead7.com/tag/public-defender/)
- [less is more](https://groupiehead7.com/tag/less-is-more/)
- [parole](https://groupiehead7.com/tag/parole/)
- [concealed carry](https://groupiehead7.com/tag/concealed-carry/)
- [ask a lawyer](https://groupiehead7.com/tag/ask-a-lawyer/)
- [lawyers for the injured](https://groupiehead7.com/tag/lawyers-for-the-injured/)
- [laywers4theinjured](https://groupiehead7.com/tag/laywers4theinjured/)
- [criminal law](https://groupiehead7.com/tag/criminal-law/)
- [firearms](https://groupiehead7.com/tag/firearms/)
- [Lawyers4theAccused](https://groupiehead7.com/tag/lawyers4theaccused/)
- [bus crash](https://groupiehead7.com/tag/bus-crash/)
- [personal injury attorneys](https://groupiehead7.com/tag/personal-injury-attorneys/)
- [disorderly conduct](https://groupiehead7.com/tag/disorderly-conduct/)
- [work zone injury](https://groupiehead7.com/tag/work-zone-injury/)
- [dirt bike accident](https://groupiehead7.com/tag/dirt-bike-accident/)
- [statute of limitations](https://groupiehead7.com/tag/statute-of-limitations/)
- [defense lawyers](https://groupiehead7.com/tag/defense-lawyers/)
- [school suspension](https://groupiehead7.com/tag/school-suspension/)
- [NY attorneys](https://groupiehead7.com/tag/ny-attorneys/)
- [traffic lawyers](https://groupiehead7.com/tag/traffic-lawyers/)
- [dwi attorneys](https://groupiehead7.com/tag/dwi-attorneys/)
- [reforms](https://groupiehead7.com/tag/reforms/)
- [traffic laws](https://groupiehead7.com/tag/traffic-laws/)
- [slip and fall](https://groupiehead7.com/tag/slip-and-fall/)
- [construction accident](https://groupiehead7.com/tag/construction-accident/)
- [larceny](https://groupiehead7.com/tag/larceny/)
- [Dump Truck Accident](https://groupiehead7.com/tag/dump-truck-accident/)
- [bicycle crash](https://groupiehead7.com/tag/bicycle-crash/)
- [forgery charges](https://groupiehead7.com/tag/forgery-charges/)
- [larceny charges](https://groupiehead7.com/tag/larceny-charges/)
- [boating](https://groupiehead7.com/tag/boating/)

## FAQ Categories

- [Medical Malpractice](https://groupiehead7.com/faq_category/medical-malpractice/)
- [Birth Injury](https://groupiehead7.com/faq_category/birth-injury/)
- [Juvenile Offense](https://groupiehead7.com/faq_category/juvenile-offense/)
- [Manslaughter](https://groupiehead7.com/faq_category/manslaughter-lawyer/)
- [Murder](https://groupiehead7.com/faq_category/murder-lawyer/)
- [Rape](https://groupiehead7.com/faq_category/rape/)
- [Federal Drug Sale Crimes](https://groupiehead7.com/faq_category/federal-drug-sale-crimes/)
- [Breath Test Refusal](https://groupiehead7.com/faq_category/breath-test-refusal-lawyer/)
- [Drinking And Driving Under 21](https://groupiehead7.com/faq_category/drinking-and-driving-under-21-dwi-lawyer/)
- [DWI And Commercial Driver’s Licenses](https://groupiehead7.com/faq_category/dwi-commercial-drivers-licenses-lawyer/)
- [Driving While Under The Influence Of Drugs](https://groupiehead7.com/faq_category/driving-while-under-the-influence-of-drugs-lawyer/)
- [DWI And DWAI Alcohol Offenses](https://groupiehead7.com/faq_category/dwi-and-dwai-alcohol-offenses/)
- [Conviction For DWI Or DWAI](https://groupiehead7.com/faq_category/conviction-for-dwi-or-dwai/)
- [Initial Questions After A DWI Arrest](https://groupiehead7.com/faq_category/initial-questions-after-a-dwi-arrest/)
- [Fraud](https://groupiehead7.com/faq_category/fraud/)
- [Qui Tam](https://groupiehead7.com/faq_category/qui-tam/)
- [Hate Crime](https://groupiehead7.com/faq_category/hate-crime/)
- [Gang Assault](https://groupiehead7.com/faq_category/gang-assault/)
- [Vehicular Assault](https://groupiehead7.com/faq_category/vehicular-assault/)
- [Assault](https://groupiehead7.com/faq_category/assault/)
- [Burglary](https://groupiehead7.com/faq_category/burglary/)
- [Drug Possession](https://groupiehead7.com/faq_category/drug-possession/)
- [Larceny](https://groupiehead7.com/faq_category/larceny/)
- [Menacing](https://groupiehead7.com/faq_category/menacing/)
- [Sealing Convictions](https://groupiehead7.com/faq_category/sealing-convictions/)
- [Stalking](https://groupiehead7.com/faq_category/stalking/)
- [Orders of Protection](https://groupiehead7.com/faq_category/orders-of-protection/)
- [White Collar Crime](https://groupiehead7.com/faq_category/white-collar-crime/)
- [Criminal Defense](https://groupiehead7.com/faq_category/criminal-defense/)
- [Defenses](https://groupiehead7.com/faq_category/defenses/)
- [Marijuana](https://groupiehead7.com/faq_category/marijuana/)
- [Wrongful Death](https://groupiehead7.com/faq_category/wrongful-death/)
- [Assault/Battery](https://groupiehead7.com/faq_category/assault-battery/)
- [Automobile Accidents](https://groupiehead7.com/faq_category/automobile-accidents/)
- [Bicycle Accidents](https://groupiehead7.com/faq_category/bicycle_accidents/)
- [Construction Site Accidents](https://groupiehead7.com/faq_category/construction-site-accidents/)
- [Dog Bite](https://groupiehead7.com/faq_category/dog-bite/)
- [Farm/Tractor Accidents](https://groupiehead7.com/faq_category/farm-tractor-accidents/)
- [Motorcycle Accidents](https://groupiehead7.com/faq_category/motorcycle-accidents-lawyer/)
- [Pedestrian Accident](https://groupiehead7.com/faq_category/pedestrian-accident/)
- [Slip & Fall](https://groupiehead7.com/faq_category/slip-fall/)
- [Truck Accidents](https://groupiehead7.com/faq_category/truck-accidents/)
- [FELA](https://groupiehead7.com/faq_category/fela/)
- [Brain Injury](https://groupiehead7.com/faq_category/brain-injury/)
- [Civil Sexual Abuse](https://groupiehead7.com/faq_category/civil-sexual-abuse/)
- [Nursing Home Abuse & Neglect](https://groupiehead7.com/faq_category/nursing-home-abuse-neglect/)
- [Professional Discipline](https://groupiehead7.com/faq_category/professional-discipline/)
- [School Negligence](https://groupiehead7.com/faq_category/school-negligence/)
- [Timeline of Personal Injury Case](https://groupiehead7.com/faq_category/timeline-of-personal-injury-case/)
- [Criminal Contempt](https://groupiehead7.com/faq_category/criminal-contempt/)
- [Traffic Related Offenses](https://groupiehead7.com/faq_category/traffic-related-offenses/)
- [Products Liability](https://groupiehead7.com/faq_category/products-liability/)
- [Sexual Misconduct](https://groupiehead7.com/faq_category/sexual-misconduct/)
- [Robbery](https://groupiehead7.com/faq_category/robbery/)
- [Title IX](https://groupiehead7.com/faq_category/title-ix/)
- [Computer Related Crimes](https://groupiehead7.com/faq_category/computer-related-crimes/)
- [Parole Violations](https://groupiehead7.com/faq_category/parole-violations/)
- [Probation Violations](https://groupiehead7.com/faq_category/probation-violations/)
- [Criminal Sex Act](https://groupiehead7.com/faq_category/criminal-sex-act/)
- [Superintendent Suspension](https://groupiehead7.com/faq_category/superintendent-suspension/)
- [School Suspension](https://groupiehead7.com/faq_category/school-suspension/)
- [New York Drug Sale Crimes](https://groupiehead7.com/faq_category/new-york-drug-sale-crimes/)
- [Criminally Negligent Homicide](https://groupiehead7.com/faq_category/criminally-negligent-homicide/)
- [Reckless Endangerment](https://groupiehead7.com/faq_category/reckless-endangerment/)
- [BWI](https://groupiehead7.com/faq_category/bwi/)
- [Sex Offenses Definitions/Sex Crimes FAQ's](https://groupiehead7.com/faq_category/sex-offenses-definitions/)
- [Forcible Touching](https://groupiehead7.com/faq_category/forcible-touching/)
- [Course of Sexual Conduct Against A Child](https://groupiehead7.com/faq_category/course-of-sexual-conduct-against-a-child/)
- [Tax Crimes](https://groupiehead7.com/faq_category/tax-crimes/)
- [Bus/Limo Accidents](https://groupiehead7.com/faq_category/bus-limo-accidents/)
- [Boating Accidents](https://groupiehead7.com/faq_category/boating-accidents/)
- [Personal Injury](https://groupiehead7.com/faq_category/personal-injury/)
- [Transporting Undocumented Immigrants](https://groupiehead7.com/faq_category/transporting-undocumented-immigrants/)
- [Junior License Traffic Related Offenses](https://groupiehead7.com/faq_category/junior-license-traffic-related-offenses/)
- [Weapon Possession](https://groupiehead7.com/faq_category/weapon-possession/)