September, 2016 - Braunfotel and Frendel

Requirements for drug possession charges in New York

People in New York can often make the mistake of using illegal drugs as a form of recreation. This can lead to a variety of serious drug charges for the accused. However, just because someone has been accused of drug use, does not mean the individual will face drug charges. Instead, police must gather specific evidence of drug possession and prosecutors must be able to use this evidence to prove all the elements of this crime.The specific criminal elements that must be met for drug possession charges vary at the state and federal levels. However, generally there are a few criminal elements that must be met.One, prosecutors must be able to prove that a person knew the product was an illegal controlled substance. If a person did not know what [...]

Requirements for drug possession charges in New Yorkjames2016-09-30T00:00:00+00:00

OSHA sees its severe injury report program as a success

New York residents may be acquainted with the Occupational Safety and Health Administration's severe workplace injury reporting program that was introduced on Jan. 1, 2015. A representative for the agency said that, while the number of serious workplace injuries resulting in amputations and hospitalization still needs to be reduced, the program has helped OSHA focus its resources where they're needed.The rule requires employers to report any workplace injury that results in eye loss, in-patient hospitalization or amputations to OSHA within 24 hours following the incident. During the first year of the rule, employers reported 2,644 work-related amputations and 7,636 hospitalizations, according to data recorded by federal OSHA states.Industries with the highest number of reported amputations in 2015 were manufacturing, which had 57 percent of the total, and construction, which had [...]

OSHA sees its severe injury report program as a successjames2016-09-27T00:00:00+00:00

When is the use of a debit or credit card illegal in New York?

Debit cards and credit cards have become a ubiquitous part of spending in New York. In fact, some people have stopped carrying cash around altogether, preferring to make purchases using a card instead. However, there are circumstances in which using a credit or debit card is illegal, such as when it is used via theft or fraud.Under New York Penal Code, there are two separate crimes regarding theft or fraud involving the usage of debit cards or credit cards. First, it is against the law for an individual to acquire, or try to acquire, a service by knowingly using a stolen debit card or credit card. Second, it is against the law for an individual to try to acquire a service or item by either displaying or using a knowingly [...]

When is the use of a debit or credit card illegal in New York?james2016-09-23T00:00:00+00:00

How creating a safety culture can improve a workplace

New York business owners can do a number of things to help make their workplaces safer. This includes building a culture of safety throughout the company that ensures employees are committed to their own safety and that of their coworkers. However, doing so involves first taking a look at the present culture and where improvements can be made.Identifying hazards is one step. This may include both physical risks and dangers around confidentiality, how employees treat one another in the workplace and how they represent the company. It is also important to make sure that workers are doing the jobs they are trained for. Overburdened workers who are working outside of their job descriptions may be more vulnerable to injury or to health issues due to stress.Another area to look at [...]

How creating a safety culture can improve a workplacejames2016-09-19T00:00:00+00:00

White collar theft charges require a solid defense

When a person in New City thinks of a theft crime, he or she may think of a pickpocket or burglary. After all, such cases make the news just about every day. However, other, less tangible, types of theft crimes also take place. Crimes such as fraud, credit card theft, embezzlement and others are also theft crimes that fall under the umbrella of white collar crimes.These types of criminal charges are significant, not only because of the possible penalties the accused face but also because merely being accused of such a crime can tarnish a person's professional reputation or even cost that person his or her job, even if he or she is not ultimately convicted. This may not seem fair, but it is the reality for some people who [...]

White collar theft charges require a solid defensejames2016-09-16T00:00:00+00:00

Safety features could help older drivers

Smart cars that apply the brakes to avoid imminent collisions, steer away from trouble and detect oncoming traffic could soon allow older drivers to travel safer. Many New York motorists know that some vehicles are already being equipped with safety technology, but these are mainly features of expensive models. With additional revolutionary tech expected in just a few years, some of these safety features are anticipated to become standard in all vehicles soon, which may make them more accessible to everyone.In 2016, early Baby Boomers are turning 70 years old as car makers reveal new safety technology. The U.S. Census Bureau estimates that almost 54 million U.S. residents will be 70 and older by 2030. Based on current driving trends, roughly 80 percent of them are estimated to have licenses, [...]

Safety features could help older driversjames2016-09-12T00:00:00+00:00

When can evidence be suppressed in a criminal trial?

Most people in New York expect to one day find themselves facing criminal accusations, but unfortunately it happens, even to innocent individuals. Hearing the prosecution's case against you can be frightening and confusing, especially when the prosecution proffers what may seem to be damaging evidence. However, there are ways to get wrongful evidence suppressed; that is, thrown out so it cannot be used against you.Evidence may be suppressed if there has been a violation of your constitutional rights. First of all, let's consider an unlawful search and seizure, which violates the Fourth Amendment. An unlawful search and seizure can take place during a traffic stop or if the police are attempting to search your residence. While there are some important exceptions, in general, police need probable cause or a valid [...]

When can evidence be suppressed in a criminal trial?james2016-09-09T00:00:00+00:00

3 New Yorkers killed in early morning crash

A high-speed crash on a major New York highway claimed the lives of three people and left as many as 11 others injured during the early morning hours of Aug. 31. The multi-vehicle accident took place on the eastbound lanes of the Long Island Expressway in Queens at approximately 4:20 a.m. Police diverted eastbound traffic for more than four hours as paramedics, firefighters and accident investigators went about their work, and delays soon stretched from Maurice Avenue to the Brooklyn-Queens Expressway.According to the NYPD, excessive speed was likely the cause of the fatal crash. Officers say that a 25-year-old Oakdale Gardens man was speeding when he lost control of his Infiniti in the vicinity of Maurice Avenue. The Infiniti struck a guardrail before its driver was able to regain control, [...]

3 New Yorkers killed in early morning crashjames2016-09-06T00:00:00+00:00

Drunk driving campaign to take place over Labor Day weekend

Labor Day weekend is almost here. It is a time when many in New York will relax, perhaps have a picnic or barbecue, and simply enjoy summer's 'last hurrah.' Alcohol is a part of many Labor Day festivities, and it is important to keep in mind that most people in the state will drink responsibly. However, that doesn't mean that police won't be on high alert for those they believe are driving while intoxicated.For example, across the state, from August 18 to September 5, police will be carrying out what is known as the Drive Sober or Get Pulled Over" campaign. Crackdowns like this usually take place during times of the year where more drunk drivers may be on the road. In addition to Labor DayIn 2015, 41 counties in [...]

Drunk driving campaign to take place over Labor Day weekendjames2016-09-01T00:00:00+00:00

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