November, 2015 - Braunfotel and Frendel

Defending against the crime of larceny in New City

The concept of theft" is broad and actually spans several different types of crimes in New York. For exampleHow is larceny defined? When a person is accused of larceny, they are accused of taking property belonging to another individual to a different location without that individual's permission, all while intending to permanently deprive that individual of the property at issue.It is important to remember, however, that everyone in New City is innocent until proven guilty. In addition, it is up to the prosecution to prove each element of larceny beyond a reasonable doubt in order for the accused to be convicted. This high standard is necessary to ensure that individuals accused of crimes are not found guilty when they are actually innocent.Despite this, developing a strong strategy of defense against [...]

Defending against the crime of larceny in New Cityjames2015-11-27T00:00:00+00:00

Prostate screening on the decline

New York medical professionals may have mixed thoughts on changing recommendations related to screening for various types of cancer. An announcement occurred in 2012 at which time a task force noted that prostate cancer screening was not a necessity for most men. High-risk individuals, including those in the African-American community and those whose families have a history of cancer, were still identified as candidates for PSA screening.Statistics for prostate screening have decreased since that 2012 announcement. The number of men over 50 being screened is 18 percent lower than at that time. Similar statistics have been noted in older demographic groups as well. Early prostate cancer detection has also decreased in that time frame. There is a concern that the lower numbers of early cancer cases might be the result [...]

Prostate screening on the declinejames2015-11-23T00:00:00+00:00

Traffic lights intended for driver safety may cause accidents

Traffic signals are intended to safely control the flow of traffic through an intersection. Go through a red light and a police officer will probably pull you over and issue you a traffic ticket. The use of red light cameras in communities in New York to enforce red light violations has come under fire as increasing the chances of getting into a car accident.According to experts in highway safety, a distracted driver who fails to take notice of a changing light is at risk of causing a car collision with traffic entering the intersection. Red light cameras were originally installed to prevent motorists from entering intersections against a yellow or red light by raising the chances of a driver being caught.Data collected from communities appear to support the original intent [...]

Traffic lights intended for driver safety may cause accidentsjames2015-11-20T00:00:00+00:00

New York teenagers accused of recording, viewing sexual act

Most teenagers in New York these days do not even remember a time when social media was not commonplace. In fact, growing up in today's technological age means teenagers have the opportunity to engage in all sorts of activities involving social media, whether it is maintaining a Facebook account or simply sharing text messages, photos and videos on a smartphone. However, the use of social media can be turned against an individual if it is claimed that the individual used social media for an illegal purpose.Recently, an event unfolded at a high school in Long Island that led to the arrest of two students. Police claim that the incident involved a pornographic video depicting sexual acts between two students from another school back in October who were familiar each other. [...]

New York teenagers accused of recording, viewing sexual actjames2015-11-19T00:00:00+00:00

New York drunk driving and ignition interlock device laws

In the past, this blog has covered the various penalties a person in New York will face if he or she is convicted of driving while intoxicated. One of these penalties involves the installation and use of an ignition interlock device on one's vehicle.If an individual in New York is convicted of drunk driving - be it a felony or misdemeanor charge - he or she will be ordered to have an ignition interlock device placed in his or her vehicle at his or her own cost. This is true even if it is an individual's first offense. If the charges are for aggravated driving while intoxicated or a subsequent offense going back five years, all of an individual's vehicles must be equipped with an ignition interlock device. This device [...]

New York drunk driving and ignition interlock device lawsjames2015-11-13T00:00:00+00:00

What are some defenses to the crime of identity theft?

New Yorkers may already be familiar with the crime of identity theft. After all, it seems to be a frequent occurrence in the news to hear of a credit card breach or an email scam that attempts to convince individuals to reveal personal information that the perpetrators could use to steal the individual's identity for their own gain. It is a serious crime with serious consequences. That is why individuals wrongfully accused of identity theft should do what is necessary to clear their names and avoid a conviction.New Yorkers may want to know, are there any affirmative defenses to the crime of identity theft? While nothing can replace the advice of a dedicated criminal defense attorney, per New York statutes there are some affirmative defenses to the crime of identity [...]

What are some defenses to the crime of identity theft?james2015-11-12T00:00:00+00:00

How do you prove a premises liability claim?

It is a matter of general knowledge that if you suffer an injury on the property of another, including a business, if the person or business that controls the premises was negligent in permitting the existence of a hazardous condition that caused the injury then you may have a cause of action for negligence based in premises liability. That is the easy part. The more challenging part comes when you need to build your legal claim and present it effectively in settlement negotiations with an insurer or, if need be, in a New York court.Laying out the facts of how you were injured is only the beginning of what you need to prove to win a premises liability claim. Beyond that you must show that the property owner was at [...]

How do you prove a premises liability claim?james2015-11-11T00:00:00+00:00

What is a survival action?

You may already be familiar with the cause of action of wrongful death, which can arise whenever a loved one of yours dies as the result of a negligent, reckless or intentional act of another person. But are you aware that there is another potential cause of action that can take place in connection with the death of the same loved one? In New York, this additional potential legal claim is known as a survival action.""The basis of a survival action is that what survives" is any cause of action for personal injury that a plaintiff may haveSome unique characteristics of a survival action in New York include:Wrongful death and survival actions can both originate from the death of the same individual. For anyone seeking to determine whether either or [...]

What is a survival action?james2015-11-03T00:00:00+00:00

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