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April 2018 Archives

Workers' compensation: BLS says 1 eye injury every 45 seconds

Employers in all industries in New York and elsewhere are responsible for the health and safety of employees. However, almost two-thirds of workers fail to use protective eyewear in jobs that pose eye injury risks, including the possibility of blindness, because it is optional and not enforced by employers. This is what the U.S. Bureau of Labor Statistics (BLS) says after conducting a study. Employees who suffer injuries at work are typically covered by workers' compensation benefits.

Drug charges: Suspect arrested after alleged client's overdose

It is essential for New York residents to know and understand their legal rights whenever they are suspected of or accused of criminal conduct. For example, what is said and done at the time of an arrest on drug charges could be vital when the case goes to court. Suspects must remember that criminal convictions are based on proof beyond a reasonable doubt, and until the prosecution can establish that, the accused individuals will remain innocent in the eyes of the law.

Traffic stop results in drug arrest

A routine traffic stop that turns into a search and ultimately an arrest for a drug related offense is a common occurrence. Imagine a circumstance where you are stopped for a traffic infraction and during the motor vehicle stop the passenger in your vehicle is nervous and behaves in a suspicious manner, the police then order you both out of the vehicle and conduct a search where they locate drugs in the vehicle and on the person of the passenger. You are now facing drug charges in criminal court.

Common construction worksite injuries

Construction workers are at risk for many kinds of injuries on worksites. From falls to equipment related accidents, many serious injuries can be the result of safety standards or improper training. Unfortunately, many employers do not give injured construction workers their deserved benefits after an accident.

Defending against drug possession charges

Many drug-related criminal charges in New York stem from the possession of drugs. People facing drug possession charges often had drugs in their possession for personal use and had no intent to manufacture, distribute or sell the drug to others. Because of this, the consequences of drug possession are generally less severe than the consequences of possession with an intent to distribute. In reality though, all drug offenses can result in serious consequences, and those facing drug charges deserve an aggressive defense against their charges.

What constitutes a robbery?

When you think of the term robbery, you probably think of guys in ski masks with guns holding up a bank and demanding suitcases full of cash. But, imagine a scenario where a young kid approaches a man in a subway station and, with a hand in his pocket that appears to have a weapon, the kid demands that the man turn over his wallet and cellphone; fearful that the kid has a weapon, the man complies, and the kid runs off with his belongings. Although slightly different than the team of masked men storming the bank and making off with thousands of dollars, this scenario would also be considered a robbery under the law of most states.

DUI preliminary hearings: what one needs to know

If one has been arrested and charged with a DUI in New York, one will have to decide whether to plead guilty or not guilty to the charges against during arraignment. If one pleads guilty, the judge will likely sentence at the arraignment, as it is the last time in court. But, many people accused of DUI's decide to plead not guilty to the charges against them and work with their defense attorneys to come up with evidence to show why they should not be convicted. Generally, once one pleads not guilty, they will be required to attend a preliminary hearing.

Drunk driving charges: Can field sobriety tests be challenged?

Drivers who are pulled over on suspicion of DUI in New York are often subjected to field sobriety tests. This is one method for law enforcement to determine whether drunk driving charges can be filed. Several potential challenges exist to use as a defense against field sobriety tests in court.

"Fatal Four" cause most deadly construction workers' accidents

In the Occupational Safety and Health Administration's ongoing quest to improve workplace safety, the agency runs awareness campaigns to remind employers in New York and elsewhere of their responsibilities to protect the health and safety of their employees. The Focus Four Hazards initiative -- or Fatal Four -- aims to draw the attention to the primary causes of construction workers' accidents. Reportedly about six to nine of every 10 deaths in the construction industry are caused by one of the Fatal Four hazards.

Workplace safety: Flame-resistant clothing crucial in oil industry

New York workers who earn their income in the oil and gas industry may become somewhat complacent -- especially after long service. However, this is one industry in which workplace safety must always remain a priority. Fires and explosions can erupt in the blink of an eye, and the consequences of burn injuries can be severe.

Text messages sent before overdose lead to drug charges

Understandably, being accused of criminal activities can cause anxiety and concern. Anyone in New York in such a situation will likely explore his or her defense options. That is likely the focus of a 24-year-old Buffalo man who is facing drug charges, including possession of heroin with the intention to distribute the illegal drugs.

New York man arrested on drug charges

Drug charges in New York can lead to long prison sentences and many unwanted personal consequences. After being pulled over for speeding, a New York man was recently arrested for driving under the influence and drug possession. The 27-year-old man is facing criminal charges for DUI, drug possession, possession of drug paraphernalia and other related traffic offenses. According to authorities, after being stopped for a speeding violation, authorities discovered the man was operating his vehicle while under the influence of drugs and claimed that marijuana was found in his vehicle.

UFC's McGregor faces criminal charges after alleged bus attack

Conor McGregor, one of the UFC's biggest stars, was recently arrested in New York following a chaotic incident involving other fighters. McGregor was arraigned on criminal charges, including one count of criminal mischief and three counts of assault. The judge set his bond at $50,000 and ordered McGregor not to contact a list of MMA members.

New York police arrest driver for drug possession after stop

In this blog, we previously discussed how police officers must have reasonable suspicion that a crime has been committed to stop a vehicle. In many cases, drug arrests stem from routine traffic stops that result in a search of the driver's vehicle. Generally, an officer is allowed to search a vehicle if the driver gave consent to do so, the officer has a valid search warrant or the officer has probable cause to believe there is evidence of a crime in a vehicle. However, if an officer unlawfully searches a vehicle, any evidence they find relating to potential drug crimes may be thrown out of the case.

Drunk driving charges: Avoid these errors in field sobriety tests

Young drivers in New York who are new to the freedom and exhilaration of having a driver's license and everything that goes with it may find themselves in circumstances where they get pulled over by law enforcement. Speeding, erratic driving and even a broken taillight could be the cause. Whatever the reason, the officer may suspect the driver of being impaired. The manner in which the driver handles what follows may determine whether he or she will face drunk driving charges or be permitted to leave with a warning or traffic citation.

Understanding New York drunk driving laws and penalties

The penalties and consequences for drunk driving in New York are serious and those who have been accused of it should be familiar with them. The legal limit for one's blood alcohol content level in New York is 0.08 percent. In addition, New York has a zero-tolerance policy concerning underage drinking, meaning that anyone under the age of 21 will be charged with drunk driving if their BAC is above 0.02 percent.

Workplace safety and the hazards posed by ototoxicants

Employers in New York must protect the safety and health of their employees, and they must inform workers of the hazards to which they will be exposed. Workplace safety is the responsibility of employers, but there are some hazards of which even they may not be aware. The Occupational Safety and Health Administration recently published a bulletin to create awareness of ototoxicants, which are chemicals that can damage workers' hearing.

Plenty of evidence to consider for a DUI

Every criminal charge has a legal process behind it. Drunk driving charges, in particular, are noteworthy for the numerous steps, procedures, rules, and measures of compliance that must be followed throughout the legal process. For an individual charged with a DUI, how does all of this impact them?

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