Criminal Defense, DUI, Matrimonial and Will & Estates
New York & New Jersey Law
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Friday, October 25, 2013

The Same Sex Marriage Dilemma

The controversy about the legalization of same sex marriage has been front and center in American politics for quite a few years now. I actually have legal experience in this area, having been hired as head attorney to defend a particularly divisive case involving LBGQT rights in the early 90s. Since then I have been keeping myself informed about this new arena in law and recently I stumbled upon some information that I would like to share with you.

Friday, October 18, 2013

Shoplifting in NYC: Consequences and Outcomes

Shoplifting is often mistakenly thought of as an embarrassing offense committed by unthinking teenagers in department stores. In reality, however, shoplifting is one of the most common criminal offenses in New York City.

Click below for some of the potential consequences and outcomes of shoplifting cases.

Wednesday, October 16, 2013

Case of the Week: Cell Site Data

This week the Fifth Circuit of the United States District Court for the Southern District of Texas handed down an important ruling on the Fourth Amendment. The case in question was a dispute between federal law enforcement and a cell phone service provider. Law enforcement had requested the phone records and service information of a particular cell phone from the phone provider pursuant to the Stored Communications Act but the provider refused to provide the records. The federal magistrate who reviewed the case ruled that the phone provider must give law enforcement the subscriber data but did not compel them to to produce cell site data, ruling that "compelled warrant less disclosure of cell site data violates the Fourth Amendment" (IN RE: APPLICATION OF THE UNITED STATES OF AMERICA FOR HISTORICAL CELL SITE DATA. United States District Court for the Southern District of Texas. 30 July 2013.)

Friday, October 11, 2013

What You Should Know About Drugs and DUIs

When people are accused of a "DUI", most people's minds automatically go to "drinking while driving". However, just because alcohol related DUI's are more commonly seen in the media, doesn't mean drug related DUI's aren't just as common and dangerous. In fact, a study by the Substance Abuse and Mental Health Services Administration found that over ten million Americans drove while under the influence of drugs in 2010.

If an officer believes that you are impaired enough to be a danger on the roads, you can and will get charged with a DUI no matter what the substance you have consumed is. But although the charge is the same, there are some differences in drug and alcohol based DUI cases.

Friday, October 4, 2013

Appealing Tickets: Why You Should Hire an Attorney

Speeding tickets are a common occurrence among drivers, but they can also cause major trouble. In New York, each speeding ticket puts points on your driving record. If you rack up 11 points in an 18 month period, your license will be in danger of suspension for 31 days. Unfortunately, points can accumulate quickly for even the most conscientious drivers.

Wednesday, October 2, 2013

Living Wills vs. Health Care Proxy

In today's day and age, with people living much longer and dealing with the resulting illnesses that result, I cannot stress the importance of drawing up a Living Will or Health Care Proxy enough.

A Living Will is a legal document that lets your loved ones and medical professionals know how you wish to be treated in certain health care situations where you are not able to express your wishes. For example, the Living Wills that I draw up for clients have the language "These instructions apply if I am a) in a terminal condition; b) permanently unconscious; or c) if I am minimally conscious but have irreversible brain damage and will never regain the ability to make decisions and express my wishes."

Living Wills will often cover the topics of life prolonging medical treatments such as life support and resuscitation.

A Health Care Proxy, on the other hand, is a legal document that designates a person who is to make health care decisions for you in the event you are not able to express your wishes. A Health Care Proxy can cover anything from overall management of care to life support termination.