July, 2015 - Braunfotel and Frendel

Underage drunk driving in New York

Just like drivers over age 21, drivers under the age of 21 in New York can be accused of drunk driving. In fact, underage drivers accused of drunk driving may find themselves facing the state's zero tolerance" laws."For drivers age 21 or above, the legal limit for their blood alcohol content level is 0.08 percent. However, this limit is much lower for drivers under 21. In fact, drivers under 21 with a mere BAC level of 0.02 percent may be accused of a crime.The type of crime and the accompanying penalty under the state's zero tolerance laws depends on the underage driver's BAC. For a driver under age 21 whose BAC level is between 0.02 percent and 0.07 percent, that driver may be accused of driving after having consumed alcoholFor [...]

Underage drunk driving in New Yorkjames2015-07-31T00:00:00+00:00

Are there special rules for children car accident victims?

States want people suffering serious injury in a car collision to file their claim with the courts within a reasonable period of time from the date of the accident. The concern is that witnesses can move away or forget the facts of what they saw if too much time is allowed to elapse. Moving the case along also gives the person being sued an opportunity to conduct a proper accident investigation soon after the event occurred.An adult car accident victim has three years from the date of the accident within which to file a lawsuit for compensation in New York. Filing a lawsuit after the three years has expired is subject to being dismissed at the request of the defendant on the grounds of the expiration of the statute of [...]

Are there special rules for children car accident victims?james2015-07-31T00:00:00+00:00

What happens in a juvenile ‘fact-finding’ hearing in New York?

When a child in New York who is between 7 and 16 years of age is accused of a crime, in most circumstances their case will be handled by the Family Court through a fact-finding hearing" rather than through a criminal trial. In this type of hearingIn some cases, prior to the fact-finding hearing, the court determines that the juvenile should be detained. In this situation, a different type of hearing called a probable cause" hearing will take place to decide whether it is necessary to remand the juvenile."In a fact-finding hearing, it is up to an entity called the presentment agency to prove the juvenile committed the crime. They may do so by presenting evidence and calling witnesses to the case. The standard of proof in this type of [...]

What happens in a juvenile ‘fact-finding’ hearing in New York?james2015-07-24T00:00:00+00:00

Legal doctrine that helps plaintiffs in premises liability cases

We previously reviewed the elements that must be proven for a person seeking compensation for injuries to succeed in a premises liability case. One of those elements is negligence on the part of the owner or person in control of the premises.Under the theory of res ipsa loquitor, an injured party may be able to rely on a presumption of negligence to shift the burden to the defendant to prove the absence of fault. The phrase is Latin translates to the think speaks for itself.""The injured party in a res ipsa loquitor case must prove that the event that caused the injury does not occur under normal circumstances absent negligent conduct on the part of someone. The evidence must demonstrate that the event causing the plaintiff's personal injury would not [...]

Legal doctrine that helps plaintiffs in premises liability casesjames2015-07-24T00:00:00+00:00

What constitutes ‘criminal mischief’ in New York?

When one thinks of vandalism crimes, they may not seem too serious. However, depending on the degree of damage done, vandalism crimes in New York could range from a class A misdemeanor to a class B felony. Graffiti charges and other vandalism crimes fall under the crime of criminal mischief." Criminal mischief can occur anywhere from first degree to fourth degree."A person could be charged with fourth-degree criminal mischief under a number of circumstances. One circumstance is if the accused purposely causes up to $250 in damages to another person's property. Another is if the accused purposely took part in destroying an abandoned building. Criminal mischief in the fourth degree is considered a class A misdemeanor.Third-degree criminal mischief takes place if a person purposely causes over $250 in damages to [...]

What constitutes ‘criminal mischief’ in New York?james2015-07-17T00:00:00+00:00

Do workers’ compensation claims prevent third-party lawsuits?

Workers' compensation laws were enacted to protect you in the event of a workplace injury accident. Instead of having to pay medical expenses out of your own pocket and sue your employer for reimbursement and for lost wages, states came up with a better system.A worker in New City who suffers a repetitive stress injury or who is a work accident victim may now file a claim for workers' compensation benefits instead of having to sue an employer. Benefits payable to or on behalf a worker include medical expenses, full or partial disability compensation, and lost wages.Although workers injured in a construction site accident or in another type of workplace accident do not have the right to sue their employers, workers injured on the job might still have the right [...]

Do workers’ compensation claims prevent third-party lawsuits?james2015-07-17T00:00:00+00:00

What kinds of benefits are available under workers’ compensation?

If you are employed, then you are probably already aware that if you are injured on the job or fall ill to a work-related sickness then you are likely covered by New York's system for workers' compensation benefits. But what exactly do those benefits cover?Part of having workers compensation benefits available is knowing whether you qualify and how to apply for them; another key consideration is understanding which benefits you are entitled to. If you have questions about what benefits you can make a claim for, or need assistance in making the claim itself, then a law firm that practices in the area of workers compensation benefits law can assist you.There are actually three different main categories of benefits: medical, wage replacement and survivor benefits. We will briefly consider each [...]

What kinds of benefits are available under workers’ compensation?james2015-07-10T00:00:00+00:00

17 people accused of using counterfeit credit cards in New York

Most residents of New York City are aware that the creation and use of counterfeit paper currency is a highly illegal activity. Yet, credit cards can also be counterfeited. In fact, 17 individuals from New York have been accused of that very crime.Police in New York have charged 17 people in what they say was a scheme involving counterfeit credit cards. The charges came after the police used video surveillances, wire tapping and stakeouts to apprehend the individuals they allege committed the crime.According to the Queens District Attorney, all of the accused knew each other and were between 20 and 28-years-old. The individuals reportedly worked together to create and utilize forged credit cards. They used the allegedly counterfeit cards while shopping at both high-end stores such as Saks Fifth Avenue [...]

17 people accused of using counterfeit credit cards in New Yorkjames2015-07-10T00:00:00+00:00

Hospital negligence often accompanies medical malpractice

You may already be familiar with the legal concept of medical malpractice, which occurs when a health care professional acts in a negligent manner and thereby causes harm to the patient. There also exists another possible cause of action whenever a medical malpractice situation occurs, which is known as hospital negligence. Hospital negligence is a distinct claim that is often raised in connection with a medical malpractice lawsuit, although it does not depend on an underlying act of medical malpractice and may be brought independently.The concept of hospital negligence is that you can be harmed in a health care setting under theories based more along the lines of premises liability or agency law. For example, a business - and most hospitals, clinics, doctors offices and pharmacies operate as businesses - [...]

Hospital negligence often accompanies medical malpracticejames2015-07-09T00:00:00+00:00

How does New York law define property for the crime of larceny?

As discussed on this blog in the past, the crime of larceny in the state of New York consists of the stealing of another person's property, whether for oneself or for a third person, with the intent to deprive the property owner of the property. One may wonder, how is the term property" legally defined when it comes to the crime larceny?"Per New York Penal Code section 155.00(1), a number of items fall under the definition of property for the purpose of committing larceny in New York. The first type of property one may think of when one thinks of larceny is the taking of money, and this indeed falls under the definition of property for the purpose of larceny. However, there are other items that fall under the statutory [...]

How does New York law define property for the crime of larceny?james2015-07-03T00:00:00+00:00

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