People charged with misdemeanor offenses (e.g., shoplifting, assault, trespass, possession of marijuana, DWI) often ask me, “Do I really need a lawyer for this type of case?” I always ask in return, “If your tooth was killing you, would you go to the garage, grab a wrench and yank it out?” The obvious answer, of course, is that you’d find a dentist that possesses the requisite training, experience, knowledge and equipment to remove the tooth painlessly and properly. Well, that’s exactly what a knowledgeable, experienced criminal defense attorney will do for
you- i.e., help you get through this legal mess with as little pain and inconvenience as possible.

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The short and not so-sweet answer is you probably CANNOT obtain an order of protection if you were the one who was arrested. Even if there’s a documented history of abuse, the other person landed the proverbial first punch by getting you arrested, and very few police officers or detectives will go out of their way to help you.

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In typical lawyer fashion, the answer to this oft-asked question is yes and no. The law of the State of New York sets forth that an employee cannot sue his/her employer for an injury that occurred while working. Those types of cases are governed by the Workers’ Compensation Law. Such an injured person can file a workers’ compensation claim through his/her employer’s insurance carrier.

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Things just got tougher for those convicted of Driving While Intoxicated (DWI) in the State of New York.  As of August 15, 2010, anyone who pleads guilty to, or is found guilty of, DWI must have an ignition interlock device installed in any and all vehicles registered under his/her name for a minimum of 6 months.  To add insult to injury, the convicted person must pay for the installation and the monthly calibration of the device.  Even worse, the law is retroactive to November 2009, which means that anyone arrested for DWI in November or thereafter who is still fighting the case is subject to this new law!  This law does NOT apply to those who plead guilty to the lesser charge of Driving While Ability Impaired By Alcohol (DWAI).

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Not everyone who slips/trips and falls is entitled to a claim. If you cannot prove that the person or entity responsible for the premises created the dangerous condition or knew, and/or should’ve known, about the dangerous condition, then you will lose no matter the severity of the injuries. Thus, finding evidence of “notice” is often the key on these types of cases.
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Welcome to my blog. This will be an ongoing venture that will contain my unique perspective on personal injury and criminal law. My 19-plus years of experience have provided me with the ability to provide insight into case strategy and advice to those who have been injured or arrested. Log-in each week to stay abreast of the law and have your questions answered.