Blog Posts in August, 2015

  • What is a DWAI?

    || 31-Aug-2015

    Most people know that a DWI results if their blood alcohol level is a.08 and above. However, what most people do not know is that a lesser offense to a DWI is a DWAI (Driving While Ability Impaired). A DWAI results when an individual has a blood alcohol level of a.05 to a.07. While a DWAI is a violation and not a misdemeanor the same result occurs with a license. A conviction can cause an ...
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  • What happens if you get a bench warrant?

    || 28-Aug-2015

    A bench warrant is issued by a Court when a Defendant or a Respondent has failed to appear in Court. This warrant permits a police agency to pick up the individual and produce them before the Court. Thereafter, the Court can continue to detain the individual and place a bail amount on them or in the alternative release the individual with or without supervision. If a bench warrant is issued ...
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  • Find The Right Attorney

    || 26-Aug-2015

    I am a firm believer that one always needs to find the right attorney to work with regarding a particular case. The attorney/client relationship is a very personal relationship due to the information about the client’s life that will be disclosed to the attorney. This is a relationship of trust. An attorney can only help an individual if they are told the truth about a situation. The more ...
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  • How Important Is The Attorney For The Child in a Relocation Case?

    || 24-Aug-2015

    After a recent Appellate Division 2 nd Department ruling it was found that the Attorney for the Child’s position in a case can mean a great deal more than what it used to regarding a child’s relocation to another state with a parent. In the recent ruling the Attorney for the Child disclosed approximately a year after a hearing was held in Family Court for relocation that the ...
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  • What!!! Petit Larceny is a Misdemeanor?

    || 20-Aug-2015

    Petit larceny or shoplifting as it is also known is a misdemeanor offense. This means that it can be punished by up to one year in jail for each offense. Petit Larceny is a very serious offense and can carry with it not only a misdemeanor conviction and jail sentence but could be something that will need to be reported on all future job applications, applications to schools and as such affect you ...
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  • Violations and Custody/Visitation Orders:

    || 19-Aug-2015

    Once a court order for custody and visitation has been entered all parties to the agreement are mandated by the Courts to follow those orders. Should one party violate the order, a petition alleging a violation can be brought before the Courts. As part of this Violation Petition the Court has the power to enforce the agreement or make changes to the custody and visitation petition. For instance, ...
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  • What Happens If You Have a Default Entered Against You?

    || 18-Aug-2015

    Sometimes an individual can miss court and the result can be a default entered against that individual. A default is not the preferred way for any court to handle a matter. However, at times when an individual is not present in court that is the only relief that the court may have. A default essentially means that an inquest, or short hearing, has taken place where only one person, generally the ...
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  • Lost Your License Due To Not Responding To a Traffic Ticket?

    || 17-Aug-2015

    When one fails to appear in court for a vehicle and traffic ticket the Court and the Department of Motor Vehicles will suspend that individual’s license. When that occurs if an individual continues driving with a suspended license it could result in criminal charges of at least a misdemeanor in the form of an AUO3rd. In order to reinstate a driver’s license after a suspension for ...
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  • Caught Speeding? What To Do Next

    || 14-Aug-2015

    For the most part individuals have very little police contact. One of the exceptions to this is a vehicle and traffic stop. Most people know the frustration of being pulled over for a vehicle and traffic stop such as speeding. Speeding is a violation of the vehicle and traffic law and as such is not a crime such as a misdemeanor or felony. When a speeding ticket is received many people ask the ...
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  • What Is An Uncontested Divorce?

    || 13-Aug-2015

    Each week I received a number of phone calls whereby people state that they wish to obtain an uncontested divorce. However, many people are confused as to what an uncontested divorce is. The simple definition is that an uncontested divorce is one whereby the attorney is simply putting together the legal documents with the correct legal language regarding all aspects of the divorce, which are ...
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  • Misdemeanor v Felony

    || 10-Aug-2015

    People are often confused by the difference between a Misdemeanor and a Felony. A Misdemeanor is an offense that is punishable by up to one year in a county jail facility, whereas a Felony is one that is punishable by a year or more in a state prison facility. Misdemeanors are handled in the local justice courts of the town/city/village in which the crime is alleged to have been committed. A judge ...
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  • Always Consult an Attorney!

    || 7-Aug-2015

    In my many years of practice I have met various people who have come to me after signing legal documents before they consulted with an attorney. In every one of those cases I have had the unpleasant task to inform the individual the consequences of what they signed and that it cannot be simply “undone”. By way of example an individual can sign a divorce agreement prepared by one ...
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