Criminal Defense, DUI, Matrimonial and Will & Estates
New York & New Jersey Law
Proudly Located in Staten Island

|| Our Website || Home || About Me & My Organizations || Our Twitter ||

Thursday, August 14, 2014

Police Crack Down on Cell Phone Use While Driving in Staten Island!

The New York Police Department is on a three week long traffic crackdown that has netted Staten Islanders 398 summons and two suspended licenses, according to the Staten Island Advance. The traffic crackdown began in response to the flurry of deadly car accidents that Staten Island has endured in recent weeks. According to figures given by the NYPD, the most common violation has been cell phone use while operating a motor vehicle, which made up over a third of the 398 summons given! 

Cell phone use while driving is not only extremely dangerous but highly illegal. If you are pulled over for cell phone use while driving, you will not only incur a hefty fine but gain three points on your license for a first offense. Additional offenses will carry higher fines and additional points. These points can easily add up to a suspended or even revoked license. If you have been pulled over for using a cell phone while driving or a different traffic expense, you should contact an experience traffic attorney. Feel free to contact my office at (718) 317-5007.

Thursday, August 7, 2014

Don't Let Divorce Damage Your Credit!

Hashing out the financial aspect of a divorce can be difficult and stressful. Marriage is a financial partnership; During a divorce, these financial bonds must be broken correctly in order to avoid detrimental effects to one or both parties' credit. Below are some tips to help you avoid detrimental effects to your credit while dealing with divorce.

1. Check your credit and ask your partner to check his or hers at the very beginning of the process.
It's a smart idea to be aware of your credit score and what you and your partner owe before you begin divorcing. You can request a free credit report once a year from the official credit report site run by Experian, Equifax, and Transunion.

2. If you have no individual credit, now is the time to establish it.
Once the divorce is final, you will be dependent on your credit report alone. You can build up your individual credit by opening a card in solely your name. Opening a credit card can be an important step on the path to financial independence.

3. Discuss how to deal with joint loans, such as the mortgage and/or car loans.
You and your partner will need to decide which party will take on responsible for any joint loans acquired during the marriage. Joint bank accounts should be switched over to one name early in the process to avoid any one party withdrawing funds without the consent of both spouses. Likewise, any credit cards in both spouses' names should be switched over to one party immediately. Don't let your credit be put in jeopardy by an vindictive spouse! Additionally, be sure to check of all your financial records to avoid overlooking smaller debts such as a store card or gaming accounts.

4. Place a fraud alert on your credit.
You can request for one of the three major credit agencies to place a "fraud alert" on your credit for at least 90 days. Placing a fraud alert on your credit means that your credit bureau will contact you any time an account is opened in your name, obtain another credit card or increase your credit limit. With a fraud alert, you will immediately know if someone other than yourself is attempting to use your credit.

If you are considering divorce, getting in touch with a divorce attorney can be both a smart and comforting move. An attorney can review these steps with you and assist you with financial entanglements you may have as a result of divorce. If you or a loved one is considering divorce, feel free to contact our office at (718) 313-7563.

Wednesday, August 6, 2014

President Proposes Overtime Plan Changes


President Barack Obama recently had a proposal concerning overtime pay that could result in increased costs for small business owners. The President wants the Labor Department to expand the regulations concerning overtime pay so that many more types of workers would be covered, raising the pay of several million low wage workers. Critics of the bill worry that companies, especially small businesses that may be less able to afford to dole out large overtime payments, will be forced to cut hours and freeze hiring. For small businesses, payroll is often the biggest operating expense, and increases in this area could actually slow down the growth of these businesses.

This proposal could have a major effect on small businesses and the economy as a whole. If you are a business owner with questions or concerns about new labor regulations, feel free to contact the office at (718) 317 - 5007.


Thursday, July 31, 2014

Warning: Traffic Blitz in NYC!

There is a traffic blitz occurring in New York City. Any traffic ticket can lead to serious consequences. Besides the fact that there are fines and surcharges that can range in the hundreds of dollars, points may be assessed. After a number of points, a mandatory driver assessment fee will be imposed.

In addition, insurance premiums can increase as well as potential difficulties in obtaining insurance. Furthermore, many companies use driving abstracts when assessing rates.

Therefore, it is important to have representation when a ticket is received. If you receive a traffic ticket in New York, you can contact the office at (718) 317-5007.

Wednesday, July 30, 2014

Tax Deductions for Business Expenses

Everybody hopes to minimize their tax liabilities and maximize their tax benefits. If you are planning on deducting business expenses in order to increase your tax return, there are a few important pieces of information to keep in mind.

If you wish to deduct a business expense, the expense must have two important qualities: it must be ordinary and it also must be necessary. An "ordinary" business expense is simply one that is commonly occurred in your industry. A "necessary" business expense is one that will help to grow or maintain your business. Below you can find further description of the three main categories of deductible business expenses.

Transportation Costs:
Transportation costs are the most common type of business write-offs. If you required to travel for business, the costs you incur while doing so can deducted as a business expenses. Examples of this would be plane, train or bus tickets.

Travel Expenses
Other common deductions are for travel expenses. The guidelines for deducting travel expenses are as follows: You can deduct up to 50% of your meal costs and 100% of your other lodging and travel expenses during a business trip.

Deductible travel expenses can include things like:
- Meals
- Cost of renting a car and gas once at your destination, alternatively the cost of public transportation to and from your work
- Work necessities such as computer rentals, WIFI, or secretarial services
- Cost of fax, telephone or internet usage

Entertainment Expenses:
Meals and most other entertainment expenses can be deducted at 50%, however, these expenses can not be "lavish or extravagant" and as always must be directly related to business. You can deduct business expenses while entertaining at home. Events such as sales seminars from home are legitimate business expenses even if they take place while at home.


Warning! E-ZPass E-mail Scam in New York

Our firm recently received correspondence from New York Senator Andrew Lanza. Unfortunately, New Yorkers were recently the target of a scam involving E-ZPass billing. The scammers send emails to unsuspecting people in which they claimed to work for E-ZPass and requested money for unpaid toll bills. Senator Lanza warns anyone who receives this e-mail to avoid opening or responding to it. If you have any questions or concerns about the validity of an e-mail, you should contact the sender directly by phone. You can reach E-ZPass, for example, at (800) 333-8655. I encourage you all to remain aware when you using the Internet and never give out personal information through e-mail.


- The Law Firm of Kevin P. McKernan

Thursday, July 24, 2014

The Legalities of A Home Based Business

Home based businesses can be an exciting new endeavor that bring in significant profits. Of course, before you get started, you should know that home based businesses are still required to conform to some strict rules and regulations. Before you decide to open your own home based business, here are a few points you should carefully review.

1. There are restrictions on the sale of certain goods and these vary from state-to-state.
There are a variety of items that you cannot produce or sell in your home. Potentially dangerous products such as medications and sanitary products are illegal to manufacture and/or sell from home.

2. You need to register and obtain certain licenses to be legally able to do business.
Before you open up shop, make sure you register your business's name in the state that you're conducting business in. Additionally, you will also need to register for a sales tax number, since every business is required to collect sales tax.

3. You may need a Home Occupation Permit and Check Your Zoning Laws!
In some states, you will need to have a Home Occupation Permit in order to legally do business. You will need to check whether or not your home is zoned for the type of commercial activity you plan to do in your home.

4. There are additional health and safety measures you may have to take.
Certain industries require extra health and safety precautions to ensure that both the working environment and final product are safe for consumption. You should check with your State Environmental Protection Agency to ensure that your home based business is up to date with all safety standards.

5. You may want to look into sign permits.
If you have a business such as a home based daycare, you may want to place a sign in front of your home in order to advertise. If this is the case, you may want to look into whether or not you need a sign permit, since certain towns will restrict the size, type and/or location of signs.

Its important to be informed before you start any kind of business. If you have any questions or concerns about the legalities of starting your own business, its best to consult an attorney. This will ensure that your business is up to code in all areas and help you understand your legal responsibilities so that your business will get off to a great and productive start. Good luck with your new business!