February, 2018 - Braunfotel and Frendel

Were my Miranda rights violated?

As you may have seen on TV, when someone is in police custody or under interrogation, the police are supposed to make the person aware of their Miranda rights. While the language may differ from state to state, these rights generally include the right to remain silent and the right to legal representation, as well as a warning that anything the suspect says could be used against them in a court of law.Once all the rights are read, the officer should ask the suspect if they have understood their rights and the suspect will need to respond that they have. If you were arrested and the arresting officer did not read you your rights, the officer's failure may be used as part of your criminal defense strategy against the charges.If [...]

Were my Miranda rights violated?james2018-02-28T00:00:00+00:00

State governors work to improve highway safety

For drivers in New York and throughout the country, highway safety is always a major concern as well as a significant public policy issue requiring action and leadership by state government. Car accidents can have a severe effect on people's lives, leading to serious personal injuries, major property damage and even death. Therefore, reducing the number of crashes on the roadways is a priority for state officials with the goal of improving safety in the state. One report authored by the National Governors Association provides suggestions to state governors to help them develop meaningful plans to address roadway dangers, especially fatal and injury crashes.In every state, there is a range of agencies whose mandates include highway safety as a part of their programs, including law enforcement agencies, regulatory departments and [...]

State governors work to improve highway safetyjames2018-02-28T00:00:00+00:00

New York cab driver faces drug charges

A New York City cab driver was arrested and is facing drug charges. A federal drug agent apparently stopped the driver after receiving a tip about a scheduled drug transaction to take place over the weekend. Law enforcement authorities approached the parked cab and ordered the driver out of the car. The officers proceeded to search the vehicle and allegedly found a bag with 3.3 pounds of crystal methamphetamine in the spare tire area of the trunk. The driver was then arrested, charged, and held on $1 million bail in a local jail. He may even be deported to his birthplace, the Dominican Republic.Under the Fourth Amendment, people are protected from illegal searches and seizures. This means that officers are not permitted to search any place where you have a [...]

New York cab driver faces drug chargesjames2018-02-22T00:00:00+00:00

Man who said he was designated driver arrested for DWI

Drunk driving charges can happen under a variety of circumstances in Rockland County. It can happen when there is an accident, after law enforcement makes a traffic stop, or when a driver is deemed to be driving erratically. When people are arrested for drunk driving - regardless of the circumstances - one of the most important factors to remember is that having legal help is key to the case to avoid a conviction and harsh penalties.A man who was supposed to be a designated driver said he was bringing an intoxicated friend home when he found himself arrested on drunk driving charges. The incident happened around 2 a.m. when law enforcement saw a vehicle being driven erratically. When the vehicle was stopped and law enforcement questioned the driver, he stated [...]

Man who said he was designated driver arrested for DWIjames2018-02-21T00:00:00+00:00

The misdiagnosing of immunotherapy side effects

Immunotherapy is a treatment New York residents may choose to pursue over chemotherapy if they are suffering from mesothelioma, a form of cancer. The side effects of immunotherapy are typically mild. However, when they are severe, they can be very unpredictable.Even though the science for immunotherapy has been in practice since the 1890s, medical professionals have not been able to determine how individual patients may respond to the treatment. A significant number of patients gain very little from immunotherapy treatment, while a few will experience potentially fatal side effects. The medical community has not had much practice detecting and addressing the side effects of the treatment. In order to avoid having their side effects misdiagnosed, patients who opt to undergo immunotherapy for their mesothelioma have to have a preemptive approach.Chemotherapy [...]

The misdiagnosing of immunotherapy side effectsjames2018-02-19T00:00:00+00:00

I’ve been charged with drunk driving, what happens to my license?

Most people rely extensively on their vehicle and their driving privileges for all aspects of their day-to-day life. From getting to work everyday to grocery shopping, running errands and shuttling kids around being able to drive is an important part of our lives. However, if you are arrested and charged with a drunk driving offense, this could lead to serious consequences including suspension of your driver's license. So, if you are facing drunk driving charges, what exactly does happen to your license?The short answer to this question is: it depends. Drunk driving laws and penalties vary widely from state to state. In New York State the impact of a drunk driving charge, usually referred to as a DWI, on your license differs depending on a number of factors; these factors [...]

I’ve been charged with drunk driving, what happens to my license?james2018-02-16T00:00:00+00:00

Addressing gynecological cancers

Gynecological cancers can be a major health concern for women in New York and across the country. These types of cancers are somewhat rare, but they can be particularly frightening because of their impact on the female reproductive system. In addition, these types of cancers often require specialized treatment from an oncologist rather than a general obstetrician/gynecologist.Endometrial cancer, which affects the lining of the uterus, is one of the most common gynecological cancers. It also has an excellent rate of successful treatment, with 80 to 90 percent of women becoming cancer-free. This strong rate of survival and remission is connected to its frequent early detection. Because endometrial cancer causes abnormal and unwanted bleeding, usually after menopause, the signs of this cancer often send women to the doctor. There are also [...]

Addressing gynecological cancersjames2018-02-16T00:00:00+00:00

Former New York Yankee faces drug trafficking charges

Drug trafficking or drug distribution often results in more serious consequences than drug possession alone. Any drug arrest, however, can lead to significant jail time, depending on the type of drugs, quantity, circumstances and criminal history of the accused. Former MLB all-star, Esteban Loaiza, was recently arrested on suspicion of drug trafficking.The former Yankees pitcher was arrested after packages containing a white powder, appearing to be cocaine, were found at his home. Loaiza was stopped for a minor traffic violation. The vehicle was apparently under surveillance, as authorities suspected it was used to smuggle drugs.Officers then searched the vehicle and found a compartment used to conceal contraband. Once they obtained a warrant, officers searched the home and apparently found approximately 20 kilograms of what they believe is cocaine, worth close [...]

Former New York Yankee faces drug trafficking chargesjames2018-02-15T00:00:00+00:00

Should people accept plea bargains?

If New Yorkers are facing criminal charges, they should know that a vast majority of criminal cases do not go to trial. If they go to trial, their attorney may come up with a criminal defense strategy to minimize penalties. The attorney may negotiate a plea deal with the prosecutor with the hopes of getting a lighter sentence on lesser charges, instead of going to trial. Before accepting a plea bargain, one may discuss options with an attorney and decide whether accepting will be in one's best interest.There are many incentives to plea bargaining for all parties involved. For the prosecuting attorney, it guarantees a conviction of some kind, even if it is on a lesser charge. Even if the prosecutor has a lot of evidence, they know there is [...]

Should people accept plea bargains?james2018-02-08T00:00:00+00:00

Group claims nursing home industry improperly medicates patients

A concerning study released this month by the watchdog group Human Rights Watch has highlighted the troubling trend of nursing homes over-prescribing antipsychotic drugs to residents with dementia. The report claims that these nursing homes are prescribing drugs without a proper diagnosis in an attempt to keep residents docile. This trend is cause for concern for nursing home residents across New York and the rest of the country.According to the 157-page report, approximately 179,000 nursing home residents are prescribed antipsychotic drugs without an appropriate diagnosis each week. The study indicates that these prescriptions are often occurring without informed consent from the residents or their legal guardians despite rules against nursing homes using prescription medication as chemical restraints" in an attempt to control an unruly patient. This trend is especially concerning [...]

Group claims nursing home industry improperly medicates patientsjames2018-02-07T00:00:00+00:00

Tell Us How We Can Help

Our Office Location