September, 2014 - Braunfotel and Frendel

What are the requirements for a valid arrest warrant in New York?

Although there are certain situations in which a police officer in New York can arrest an individual without a warrant, in many cases the police must obtain a valid warrant before they can arrest a person for allegedly committing a crime. It is therefore a good idea to have an understanding of what such a warrant must contain.In general, an arrest warrant is the product of a criminal court. The main purpose of an arrest warrant is to bring the accused to court so they may be arraigned.An arrest warrant must contain several important points. It must state the name of the court in which the warrant is issued, along with the date it was issued. It must name the crime that was supposedly committed and the name of the [...]

What are the requirements for a valid arrest warrant in New York?james2014-09-26T00:00:00+00:00

Understanding surgery malpractice risks

New York readers might be interested in a report about surgical errors. Between 1998 and 2007, the number of wrong-site surgeries increased from 15 to 592. Many North American surgeons had performed operations that put patients at more than minimal risk.For instance, some surgeries occurred in a place other than a designated operating room. Many of these scenarios involved operating on the wrong patient, performing a procedure on the wrong side of the body or using the wrong procedure. This is often the case for operations performed in an endoscopy unit, interventional radiology suite or other specialty unit.Some surgical errors within this period caused serious physical injuries and psychological problems. Some situations even resulted in death. Statistics showed that wrong-site surgery incidences occurred most often in orthopedic, podiatric, urological, neurosurgical [...]

Understanding surgery malpractice risksjames2014-09-23T00:00:00+00:00

Understanding and preventing wrong-site surgeries

While surgeons in New York may not intend to make surgical errors, it is important to recognize that certain factors may create a greater possibility of issues such as wrong-site surgeries. Reporting of these errors to the Joint Commission increased from 15 incidents in 1998 to 592 in 2007, but an increase in voluntary reporting does not necessarily indicate an increase in the number of events. Such incidents are more likely in some practice areas; 20 percent of hand surgeons may commit such an error, and up to 25 percent of orthopedic surgeons might be involved in a wrong-site surgery.Some of the most common causes of wrong-site medical errors include issues with leadership, noncompliance with established preventive procedures and failures in communication. Top risk factors tied to wrong-site surgeries can [...]

Understanding and preventing wrong-site surgeriesjames2014-09-18T00:00:00+00:00

New policy allows police to seize vehicles before DWI conviction

It is no shock to hear that driving while intoxicated in New York comes with serious consequences. Usually, these consequences, which can include license suspension, fines or even jail time, come following a conviction. But one county in New York has imposed a consequence on those who have merely been charged with DWI.A new policy adopted by the Nassau County police permits officers to seize the vehicles of those arrested for driving while intoxicated, even before a conviction has been made. In the past, these vehicles would be seized and then either auctioned off or settled financially with leasing companies or banks, but only after a conviction had been entered against the accused. Under the new policy, following a drunk driving arrest, an administrative hearing will be held to decide [...]

New policy allows police to seize vehicles before DWI convictionjames2014-09-18T00:00:00+00:00

Are there defenses against accusations of drug offenses?

Being accused of a drug crime in New York can be a harrowing experience, particularly when such accusations are unfounded. After all, depending on the type of drugs allegedly found along with the amount, being convicted of a drug crime could land a person in prison for many years. This is especially true if the drug crime is a federal one. It is important to keep in mind, however, that there are defenses available to those accused of drug offenses.One such defense is illegal search and seizure. In general, police must have probable cause or a valid search warrant to search the premises and seize evidence. However, it is important to remember that in some cases police may seize drugs that are in plain view.""In addition, the prosecution usually must [...]

Are there defenses against accusations of drug offenses?james2014-09-11T00:00:00+00:00

Pedestrian injured in New York car accident

A livery cab was reportedly traveling south in Brooklyn on Sept. 2 around 12:40 p.m. when the driver attempted to make a right turn. The driver struck a flatbed truck that was also attempting to turn, causing the cab driver to lose control of the car and jump the curb. The cab then struck a 29-year-old woman on the sidewalk.A witness stated that the woman was lying on the ground shaking and that there was a lot of blood. Another witness stated that both drivers remained on the scene after the accident. The woman was taken to Lutheran Hospital in critical condition.A New York Police Department spokesperson stated that the truck driver was given a summons for making an improper turn along with multiple motor carrier summonses for his truck. [...]

Pedestrian injured in New York car accidentjames2014-09-09T00:00:00+00:00

New York pedestrian killed in auto accident while crossing road

A 58-year-old woman recently lost her life. She was reportedly struck and killed by a New York cab as she was crossing the street. Multiple witnesses and construction workers came to the woman's rescue after the auto accident when she became trapped underneath the cab.The accident happened on a recent Friday afternoon. While the driver of a cab was attempting to make a left turn, the vehicle hit the woman as she was crossing. After the impact, the woman was thrown underneath the taxi and dragged for a considerable distance. Several witnesses of the incident rushed to the woman's aid and some even flipped the vehicle onto its side to attempt to save her. A doorman asked her if she was okay, but there was no response.Medics arrived at the [...]

New York pedestrian killed in auto accident while crossing roadjames2014-09-04T00:00:00+00:00

Defending oneself against accusations of theft

Crimes occur every day in New York. However, so too do many events that may seem to be criminal but that are actually legitimate and based on misunderstandings. Because misinterpretations of actions can sometimes be viewed as criminal behavior, many crimes have specific defenses that provide defendants with justifications for their non-criminal acts.Accusations of theft are common. As such the law provides several specific defenses for people facing such criminal charges. The following defenses are available to some individuals who do actually take property and whose actions are questioned as criminal.People who honestly believe that articles of property are theirs can assert that defense in court. Many criminal charges require that a person have both the mental intent to commit a crime and that he perform the physical criminal act [...]

Defending oneself against accusations of theftjames2014-09-03T00:00:00+00:00

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