ABOUT NEW YORK’S GOOD SAMARITAN LAW Several studies of overdose experience conclude that most overdoses: 1. Happen in a home and in the presence of others; 2. Most deaths do not occur instantly, they occur 1-3 hours after the overdose; and 3. Immediately calling for medical help greatly reduces the … Continue reading
Don’t be snowed into believing your slip and fall injury case is unwinnable because of the Storm in progress defense You slip and fall on snow or ice and are seriously injured. The landowner and their insurance company say they are not responsible to pay for your injuries because … Continue reading
If you have had an automobile accident, you’d like to get your vehicle repaired and “back to life” as soon as possible. We understand that and insurance companies know this. Since most lawyers offer a free consultation for personal injury cases , it won’t hurt to ask over the phone. … Continue reading
This is a common question. I mean, isn’t it just easier and more cost effective to mail the speeding ticket in, pay the fine and go on with my life? I was just speeding after after all, I’m not exactly a criminal! At first glance that may be so, but … Continue reading
We get asked this question often. In New York State, your basic rights when stopped, searched, or arrested are as follows: • You have the right to ask why you have been stopped. • The police may ask you to step out of your vehicle if you are stopped in … Continue reading
Do I have to take a breathalyzer test if the police ask me to? Most folks know that they have a right to refuse this test, and that is true. Many people are under the impression that refusing a breathalyzer test if they have been pulled over is a good … Continue reading
What are Case Costs- Personal Injury Q: My lawyers office told me they would retain 33.3% of my award plus case costs. What does case costs include and how much do they usually run? A: In the State of New York, filing fees for a supreme court action, typical for … Continue reading
There is a key difference in driving privileges regarding a hardship license and a conditional license. It’s important to understand the distinction between these two when charged with a DWI in the state of NY. When charged with a DWI in the State of New York, there is an automatic … Continue reading
Why is my personal injury case taking so long? Clients may, at times, feel frustrated, at the amount of time that it takes to settle a personal injury case. We find that communicating with our clients, and educating them on the process is a great assistance to them in knowing … Continue reading
What is Syracuse Drug Court and is it right for me? This week, a caller asked if we thought Syracuse Drug Court was a good idea. Our answer was that we think drug court is a great idea for certain clients. Syracuse Community Treatment Court (SCTC) commonly known as Drug Court … Continue reading
How do I remove a criminal charge from my record? The past couple of weeks on our weekly segment on K- Rock Syracuse, listeners have called asking about having criminal charges removed from their record because it is difficult to do things like obtain a particular job, or have a … Continue reading
A Krock listener called with this story: She was in a car with her 3 friends smoking marijuana, the police came to the car, smelled the smoke, and asked all the vehicles occupants to step out of the car. The girl herself had no marijuana on her person or in … Continue reading
…Then they searched me. Can they DO that? What about probable cause? What is probable cause? What you should know about search and seizure When the government obtains evidence against a defendant in violation of her/his constitutional rights, that evidence may be suppressed, and therefore not introduced at trial by … Continue reading
Justification, commonly referred to as “self-defense,” may apply in instances such as defense of property and self-defense. Justification recognizes that the use of force may be allowed under certain circumstances. An individual may use physical force, as well as deadly physical force, in certain circumstances to defend property which is … Continue reading
If You Give the Police the Finger How Long in Jail Will You Linger? In January 2013, the police arrested a man in St. Johnsville New York for disorderly conduct, after he flipped off an officer. After the man’s arrest, the criminal charges were dismissed and he sued the police. … Continue reading
Can the Police Legally Search Your Butt After a Routine Stop for a Traffic Ticket? thisisbossi / Foter / CC BY-NC-SA On August 5, 2013, a Syracuse police officer stopped a man for a traffic violation when he allegedly failed to use a turn signal. After noticing him wiggling around … Continue reading
It’s the latest craze. Everyone is doing it. Yes, it’s Candy Crush. The almost irresistible urge to check your cell phone to see if enough time has passed for you to get another life, so you can have yet one more turn at that annoying level you’ve been stuck on … Continue reading
Robbery vs Burglary Robbery is the taking or attempting to take something of value from another person by use of force, threats or intimidation. The victim is present during a robbery. There are varying degrees of robbery charges in New York State; First, second and third. The degree is based on … Continue reading
What is a personal injury case? Many people hear the term Personal Injury, but aren’t sure what exactly it means and how it relates to the law. The term personal injury is when there is an injury to a persons mind, body or emotions. This differs from property damage where the … Continue reading
Felony and Guns On Krock, a listener called with this question: If I have a felony on my record, can I go to the range with my friends and just shoot the gun as long as I don’t own the gun?The quickest answer Attorney Zukher has ever given on the show~ “No.” “No, … Continue reading
What is harassment? There are a few different degrees and levels of harassment. NY Penal Code S 240.26 defines Harassment in the second degree as; “A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, … Continue reading
Civil v Criminal- Burden of Proof? What is the difference between a civil case and a criminal case? In general, a civil case is designed to settle disputes between private parties. A criminal case seeks to take action against an individual for commission of a criminal offense on behalf of … Continue reading
Charged with DWI in NY – Now What? If you have recently been charged with a DWI you are probably quite concerned about how this is going to affect you, and the rest of your life. You should be. A DWI conviction on your record may stay there for your … Continue reading
NY Room Presumption- Guns and Drugs belong to everyone We posted a blog awhile back titled Drugs in a car are Everyone’s Drugs- The Automobile Presumption. We received quite a bit of feed back on that, as many people were unaware that they could be charged with possession of not only drugs, but … Continue reading
Drug Sales on School Grounds So you think it’s no big deal, you have a little pot on you at school- maybe you sell a little bit to a friend, not much- maybe enough to roll a single joint with. After all marijuana is decriminalized in NY right? You can’t … Continue reading
