On Friday, May 15, 2020, the Chief Administrative Judge announced that beginning Monday, May 18, 2020, matters in which an individual passed away due to COVID-19 causes are essential proceedings that may be filed in the Surrogate’s Court. This change will now allow attorneys to start assisting Clients to file estate proceedings and begin the …
“Do I Need to Talk to the Police?” Most people at one point in their life have been approached by a law enforcement agent and questioned regarding a criminal matter which they may have witnessed or have knowledge. Sometimes this investigative process can feel more like an interrogation to the person being questioned. If you …
While this NY Times article is informative in terms of some of the legal challenges faced during Covid-19 pandemic, we have seen the New York Court system evolve by not only hearing essential cases, but also adding virtual conferencing to already filed cases. We are staying on top of the latest legal news and directives …
What Is Shock Incarceration, and how do I get it? If you or a loved one have been charged with the commission of a felony in New York State, you may have heard of the Shock Incarceration program. Introduced as a way to help with overcrowding in prisons while still providing rehabilitation to offenders, the …
What is Judicial Diversion, and how do I get it? If you or a loved one face certain felony charges, you may have heard about the Judicial Diversion Program (Diversion). Out of recognition that many offenders commit crimes in part due to dependency on alcohol or other drugs, Diversion allows non-violent felony offenders to avoid …
What is Willard and how do I get it? Commonly referred to as a “Willard sentence” or the “Willard program”, Willard is the name of a state correctional facility where eligible offenders who are sentenced to a term of parole supervision serve the first ninety days of such parole. These ninety days focus primarily on …
New York Governor Andrew Cuomo signed the “Raise the Age” legislation into law in April 2019. Basically, it means that juveniles aged sixteen and seventeen will be prosecuted in Family Courts in New York instead of Criminal Courts. Starting October 1, 2019 sixteen and seventeen year olds, for the majority of arrests, will have their …
Petit Larceny – Penal Law § 155.25 Petit Larceny is the unlawful taking of property valued at no more than $1,000, this is the lowest level larceny crime in New York. As a class A misdemeanor, punishment for a conviction can be up to one year in jail, along with fines and a surcharge. Typically, …
According to New York Vehicle & Traffic Law Section 1212, Reckless Driving is more than a mere traffic infraction, it is a misdemeanor offense. If an individual is convicted of Reckless Driving it will go on his/her criminal record. Reckless Driving is defined as “driving or using any motor vehicle … in a manner which …
On August 24, 2019 New York’s Red Flag Gun Protection Law (also called the extreme risk protection order law) went into effect. Under this law, a petitioner may ask a court to issue an extreme risk protection order (ERPO), which would prevent an individual (the respondent) from possessing or purchasing firearms for a period of …