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March 2018 Archives

Can my employer's workers' compensation insurer deny my claim?

Workers' compensation coverage in New York is close to universal. The law regarding this no-fault insurance requires that employers provide it. By virtue of the law, workers who get hurt on the job are supposed to have assurance that the immediate medical care they require is paid for. If you can't work temporarily or permanently, the coverage is meant to provide wage replacement and possible retraining.

Officers must have reasonable suspicion before a DUI arrest

With the exception of DUI checkpoints, New York police officers are typically only allowed to stop motorists on the road if they have reasonable suspicion that a crime has occurred. For example, an officer may observe that a driver is breaking traffic laws or engaging in reckless behaviors on the road. These behaviors may include making an illegal turn, weaving in and out of traffic, driving at an excessive speed or constantly braking. Another possibility is that the driver is stopped, but asleep or unconscious at the wheel. If an officer observes these behaviors or any other signs of potentially impaired driving, they have reasonable suspicion of drunk driving and are permitted to stop the vehicle.

Criminal defense protections for drug charges are important

Drug possession is a serious criminal charge, which is why it is important for accused individuals to be familiar with their criminal defense rights. Accused individuals who have been charged with drug crimes face serious possible penalties and consequences.

Navigating serious and complex domestic violence charges

Offenses alleging domestic violence are often more complex and carry more substantial penalties then simple assault and battery offenses. The law has reacted to society's increased awareness and advocacy in areas of domestic violence over the years. As a result, we have continuously seen heightened penalties for these types of offenses.

How are larceny, robbery and burglary different?

Many people use larceny, burglary and robbery interchangeably when describing crimes of theft. However, in the world of criminal justice, there are significant differences between each of these terms. Each theft crime has its own set of elements that prosecutors must prove to get a conviction.

Identity Theft 101

In our increasingly digital and online world, we have heard a lot more about the issue of identity theft in the past decades. Identity theft differs from traditional theft crimes, like robbery or burglary, as it is much more of a faceless crime and often goes undetected by its victims for quite some time. We often unknowingly make so much information about ourselves readily available that we become vulnerable to identity theft.

Mayor faces grand larceny charges for misuse of campaign funds

When someone makes collects money for a particular purpose, but actually uses the money for a different purpose, they may be arrested for larceny, theft or a number of other crimes. Facing criminal charges can be difficult, particularly for those in the public eye. A New York mayor is now facing grand larceny charges after diverting campaign funds for his own personal use.

NFL linebacker charged with DUI following Lincoln Tunnel accident

If you have been accused of driving under the influence and are convicted, your sentence will depend on a number of factors such as your blood alcohol level, whether you had a minor in the car at the time, whether you were involved in an accident, and whether you injured or killed another person in the accident. Generally, serious accidents and higher blood alcohol levels result in more severe penalties.

Charged with assault: now what?

Finding yourself charged with any type of crime can be stressful and overwhelming. Maybe you had a disagreement with another person that got out of hand and now you find yourself facing assault charges in criminal court. You're probably wondering what this means and what you should do next.

Drunk driving defense strategies can protect your rights

A drunk driving charge is a serious legal matter that should not be underestimated. Though the outcomes of drunk driving cases can vary greatly based upon the facts that led to the arrest and the criminal histories of the arrested parties, any person who has been charged with drunk driving should understand what is at stake if they are convicted.

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