October, 2015 - Braunfotel and Frendel

Can a drunk driving conviction affect a person’s job prospects?

When a drunk driving conviction is on a person's record, it can lead to all sorts of unwanted consequences. One of those consequences has to do with the individual's future employability. How can a DUI affect one's ability to get a job?All states in the nation, including New York, must adhere to the federal Fair Credit Reporting Act, which addresses the issue of background checks. A person's arrest record cannot be reported after seven years have passed, but this is not so when one is convicted of a crime, which may always be reported. In addition, the FCRA reporting restrictions are only imposed on those positions that pay less than $75,000 annually.That being said, in fourteen states, including New York, the weight given to such convictions when it comes to [...]

Can a drunk driving conviction affect a person’s job prospects?james2015-10-29T00:00:00+00:00

Besides permanent disability, are there other classifications?

If you are a work accident victim in New York, the law requires employers to maintain workers' compensation insurance. Instead of having to sue your employer, workers' compensation insurance pays cash benefits toward you lost wages and medical expenses without the necessity of a lawsuit. The tradeoff is that workers give up their right to sue their employers in most instances in exchange for coverage under workers' compensation.The goal of workers' compensation is to help you to recover from your injury and return to work. Sometimes, however, the severity of the injury could keep you out of work for longer than just a few days or a few weeks. This is the reason workers' compensation uses different classifications of disability to determine the number of weeks of benefits it will [...]

Besides permanent disability, are there other classifications?james2015-10-29T00:00:00+00:00

Two hospitals subject to medical malpractice lawsuit in same case

It is one thing for a hospital to find itself the defendant in a medical malpractice lawsuit based on the death of a patient. It is much more unusual for two hospitals to be named as defendants in the same lawsuit, and even more peculiar that the patient is alleged to have died in both hospitals.Yet that is exactly what a lawsuit is alleging against two hospitals located in the Buffalo area. According to the complaint, a man was diagnosed as being dead from a heart attack shortly after being brought to the first hospital, but then - allegedly two hours after being pronounced dead - was found to still have a pulse.The man was subsequently transferred to a second hospital the next day, where he was once again pronounced [...]

Two hospitals subject to medical malpractice lawsuit in same casejames2015-10-23T00:00:00+00:00

Accusations of drug crimes in New York warrant a solid defense

As discussed last week, New York's drug courts may be an option for some of those accused of drug crimes. Yet, whether a case is going through one of the state's drug courts or through a traditional court, one thing is for certain: the accused deserves the highest level of defense possible in facing the allegations, to protect their rights and freedoms.Such freedoms include the right against an unreasonable search and seizure, the right against self-incrimination and the right to a speedy trial before a fair and impartial jury. These rights are especially important when it comes to drug charges, which can be severe.Facing such accusations warrants a solid defense. New York attorney Keith Braunfotel, with the law firm of Braunfotel & Frendel, has served many clients facing drug charges. [...]

Accusations of drug crimes in New York warrant a solid defensejames2015-10-22T00:00:00+00:00

Drug courts in New York see successful resolutions

When it comes to drug charges and addiction, the cycle of abuse may best be broken not by punitive measures, but by rehabilitative measures. In general, the way drug courts work is that in exchange for a reduction in the individual's sentence, individuals accused of drug crimes can voluntarily undergo treatment approved by the court. The individual, his or her attorney, the court and the district attorney create a contract.As of August 2014, New York State had 146 operational drug courts. Over 85,000 people have been part of drug court treatment programs, and over 38,000 of those people have successfully completed such programs. As this shows, drug courts can have a positive impact on both the individuals involved in such programs and the community as a whole.Individuals who are facing [...]

Drug courts in New York see successful resolutionsjames2015-10-16T00:00:00+00:00

Texting and driving merely one of many distractions for drivers

The distracted driver poses a threat to the safety of other motorists and pedestrians. Car collision injuries attributable to distracted driving totaled more than 400,000 across the nation. Texting and driving is one of the behaviors that motorists engage in that could result in a head-on collision or other type of car accident.The government estimates that more than 150 billion text messages are sent in the U.S. each month. Texting is not, however, the only conduct that a negligent driver might engage in that could lead to a collision with another vehicle or a pedestrian.Some of the more commonly engaged in activities that could distract a driver and cause a car collision include:Any of these activities can cause a motorist's attention to be diverted from concentrating on driving and being [...]

Texting and driving merely one of many distractions for driversjames2015-10-14T00:00:00+00:00

Alleged New York heroin rings raided

After a criminal investigation, such as an investigation into alleged drug crimes, police in New City may be quick to attempt a search and seizure. However, the police must follow certain procedures before they can search homes or other premises or seize evidence. If the police overstep their authority, they may violate the defendant's constitutional right to be free from unreasonable search and seizure.Recently, two connected raids in New York uncovered what is alleged to be heroin. The incidents took place in Yonkers and in the Bronx. The amount of alleged drugs seized totaled over 60 pounds and is allegedly worth $30 million. In addition to the reported drugs, in one of the raids officers allegedly uncovered $50,000 that was concealed in the structure of the building searched in the [...]

Alleged New York heroin rings raidedjames2015-10-09T00:00:00+00:00

Type of doctor error could affect how long you have to sue

All states, including New York, limit the amount of time you have within which to file a lawsuit. The purpose of these statutes of limitations is to prevent someone from gaining an unfair advantage in a lawsuit by waiting so long to file that witnesses forget what they saw and other evidence is lost.When it comes to a claim against a doctor for medical malpractice, what the doctor did wrong could affect the amount of time you have to sue. As a general rule, if you have been injured because of a misdiagnosis or a failure to diagnose a medical condition, the time within which you must file your lawsuit against the negligent doctor is two years and six months from the date of the injury.The time to file a [...]

Type of doctor error could affect how long you have to suejames2015-10-08T00:00:00+00:00

What is the driver’s license points system in New York?

Last week this blog reviewed why it is so important to fight unjust traffic tickets. After all, being issued a traffic ticket may come with more than just a fine to pay. The accumulation of points on one's driver's license could in some cases result in the loss of one's driver's license, which can understandably have a seriously negative impact on one's day-to-day life. It is a penalty that should be avoided at all costs.How does the New York driver violation point system operate? It allows the New York State Department of Motor Vehicles to impose penalties on motorists by assigning points on one's driver's license based on the alleged traffic infraction. If, within the span of 18 months a motorist accumulates 11 points on his or her license, that [...]

What is the driver’s license points system in New York?james2015-10-02T00:00:00+00:00

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