The maximum penalty on a misdemeanor case is one (1) year in jail! That fact, in and of itself, should convince most people to hire a criminal defense attorney. If facing jail time doesn’t scare you into retaining a trained legal professional, then perhaps the following questions that must be addressed will show you just how complex such cases are.
• How strong is the District Attorney’s case?
• Should you push for a trial or enter into a plea bargain deal?
• What plea bargain deals are available?
• How will a specific plea deal affect your immigration status?
• Are there any search and seizure issues?
• What pre-trial hearings are applicable?
• Is a program available to avoid a conviction?
• Will certain plea bargain deals cause you to lose your job?
• Will your witness( es) actually come to court?
• Does the complaining witness have a criminal record?

An experienced criminal defense attorney will answer these questions, protect your legal rights under the constitution and explore all options before ultimately deciding the best way to resolve your case.
If you have the misfortune to get arrested, then you should hire an attorney who regularly practices in that particular county, has good relationships with the judges and prosecutors and is not afraid to go to trial. You’d be surprised to learn how few lawyers actually try cases. Don’t hire someone who tells all of hislher clients to plead guilty because he/she is afraid to go to trial.

If you want to consult with a criminal defense attorney with 22-plus years of trial experience, call me anytime to schedule a free consultation. Don’t wait until it’s too late.

Over the last 21 years, I’ve represented hundreds of people who have been arrested as a result of phony allegations of violence. After the arrest, a judge will issue an order of protection stating that the defendant must stay away from the complainant and cannot contact him/her via phone, e-mail or text.

When the arrested person comes to see me for a consultation, he/she inevitably asks how to obtain an order of protection against the complainant. If the complainant is a family member or the parent of the defendant’s child, the defendant can file a petition in Family Court seeking an order of protection. There’s no guarantee that this will work, but it’s worth a try. If there’s no “family” connection, then Family Court is not an option and there’s no way to obtain any type of “stay away” order.

This is the sad but true current state of the law in New York. Thus, the best thing to do is to retain an experienced criminal defense attorney to help you resolve the case as quickly as possible through a trial or a plea bargain deal.

However, in situations where the injury was caused by someone or some entity other than his/her employer, the injured person can pursue a bodily injury claim (often called a personal injury or third-party claim) against the negligent party while simultaneously pursuing a workers’ compensation claim. Two simple examples will help clarify this issue.

John Doe, a pizza delivery man, fractures his arm when the broken pizza oven door falls on him. The law prevents him from suing his employer, but he can file a workers’ compensation claim through his boss’ insurance carrier.

On the other hand, if John Doe is driving to a customer’s house to deliver a pizza, and someone runs a red light and causes an accident that results in an injury, then he can pursue a bodily injury claim against the other driver’s insurance carrier to get compensated for his pain and suffering.  At the same time, Mr. Doe will pursue a workers’ compensation claim to get the medical bills paid and to recover any lost wages.

If you get injured while working, call an attorney immediately to learn about your rights. You may be surprised to find out that you have a viable bodily injury claim.

KEEP DETAILS OF YOUR PERSONAL INJURY CASE

To avoid this, the injured party should keep a log wherein he/she can jot down all of the important details pertaining to the case. Every injured person should keep track of the names, addresses and phone numbers of every single health care provider seen, including the dates of the visits and the specific treatment provided. Other important details that should be noted are days missed from work, diagnostic tests performed, conversations at the scene of the accident, out of pocket expenses and prescription drugs taken.

Claimants who keep such journals almost always testify better than those who wing it. A deposition transcript full of case details will prove to the insurance company that the injured party will make an effective witness at trial. This often goes a long way toward convincing the insurance company to offer a large settlement prior to the trial.

NEED FURTHER TIPS OR CONSULTATION FOR YOUR PERSONAL INJURY CASE?

For additional tips pertaining to your personal injury case, call me anytime at 718-793-5555.

The New Law Requires an Interlock Device To Be Installed on The Vehicle If Convicted of a DWI

Under the new law (Vehicle and Traffic Law section 1198), the convicted person must blow into the ignition interlock device in order to start the vehicle.  If the device detects any alcohol, then the vehicle will not start and a notification will be sent to the authorities.  To prevent a friend or family member from blowing into the device, a tiny camera also will be installed.  Big Brother is watching!

Michael Dreishpoon Has Experience When Dealing With The New DWI Law In New York State

The law is so new that the local district attorneys’ offices and criminal defense attorneys are scrambling to try to figure out all of the nuances and built-in problems.  One of my clients plead guilty to DWI on 8/18/10 and has become the Queens County guinea pig; thus, I have become quite knowledgeable on the topic.  I’ve learned that during the operation of the vehicle, the ignition interlock device may beep at any time.  When this happens, the driver has 10 minutes to blow into the device.  If he/she fails to do so, the device notifies the authorities and a court appearance may be necessary to explain what happened and convince the judge that alcohol was not consumed.  My client actually got locked out of his vehicle one morning because he had failed to blow after two consecutive beeps.

As you can see, a whole new can of worms has been opened as a result of this new legislation.  The bottom line is don’t drink and drive.

If you do and get caught, call me immediately for a free consultation (718-793-5555).

How You Can Win a Slip and Fall Injury Case in Queens, New York

To win, you must prove that a store employee caused the peel to fall onto the floor or learned that the peel was there and did not pick it up. Since this type of proof is very rare, most people are forced to utilize a constructive notice theory – i.e., the peel was on the floor for a long enough period of  time that store personnel should’ve found it and  cleaned it up. The time element is key and that’s why the banana peel is the perfect example because it has a built-in timer. In other words, if you slip on a green or yellow peel, you probably lose; if you slip on a brown peel, you probably win.

Need More Information For Your Slip and Fall Injury Case?

If you’d like to find out if your Queens slip/trip and fall injury has merit, feel free to call me to discus the details at 718-577-2561.

Writing Down Recollections From Your Personal Injury Can Help Significantly

Moreover, if the adjustor “low balls” you, then your diary will be a tremendous help when your attorney prepares you to testify at a deposition or trial. These litigation events generally take place many months or even years after the accident when memories have faded causing important details to become jumbled or totally forgotten. Your diary will refresh your recollection and prevent this from happening.  A few words jotted down each day during the first four to six months following the accident will go a long way toward constructing an air tight case.

Have a potential personal injury case and need a Queens personal injury lawyer? Call Michael Dreishpoon at 718-577-2561, who is available 24 hours/7 days a week to answer your questions or concerns!

Get Witnesses from Your Auto Accident

If you ever get injured in a motor vehicle accident, do your best to obtain the names, addresses and phone numbers of as many witnesses as possible.  If you are too injured to do this yourself, ask someone to do it for you.  Most of the time people who see the whole thing fail to stick around until the police arrive or simply never step forward.  This means that you’ll probably never find these people again.  So be pro-active and ask for their help.

Preserve Evidence By Taking Photos

Also, make sure that you photograph BOTH vehicles.  Nowadays most cell phones conveniently contain cameras, so use it to document the post-accident positions of the vehicles and the damage caused by the collision.  As the old saying goes, a picture is worth a thousand words!

Have you been in an accident? Speak to Queens car accident lawyer Michael Dreishpoon anytime to discuss your case in detail.

New York Punishments for Drinking and Driving

If you’ve consumed any amount of alcohol and get behind the wheel, you’ve put yourself in jeopardy if you get pulled over or even approached by the police. Once the officer smells alcohol on your breath, there’s a high likelihood that you’re going to set the wheels in motion that often lead to an arrest for Driving While Intoxicated (DWI), a misdemeanor punishable by up to 1 year in jail, or Driving While Ability Impaired (DWAI), a violation punishable by up to 15 days in jail.

Should You Tell The Officer That You’ve Been Drinking?

If you get pulled over after consuming any amount of alcohol, do NOT admit that to the police. Telling the cop that you had “a couple of beers” is only going to make things worse. You must suppress your desire to “talk your way out of it” and simply say, “No.”

Should You Take a Breath Test If Pulled Over In New York State For a DWI?

The next question is the most popular one that I receive: “Should I take the breath test?” In my professional opinion, purely from a “getting your license back as quickly as possible” perspective, you should blow if you only had a few drinks and should refuse if you drank a lot or have been previously convicted of any alcohol-related offense. Here’s why: those who refuse generally have their license REVOKED for ONE YEAR by DMV regardless of the resolution of the criminal case. On the other hand, those who blow a low number (e.g., .08-.13), generally end up with a plea bargain deal to the lesser offense (DWAI) which results in a 90 DAY license SUSPENSION.

Need More Information On DWI Laws in New York? Call Me Anytime!

New York’s DWI laws are complicated, so the “should I blow” question has multi-layered answers depending on the individual facts of each case.  Thus, you need to consult with an experienced criminal defense attorney immediately if you’ve been arrested.

Feel free to call me at any time to discuss your case in detail.