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How to Donate Your Car in New York

28 Feb, 2008

legal rights new york
Eddie Hart asked:


Step #1

Make sure the organization is a registered 501(c)(3) charity or a qualified religious organization that can legally accept your donation from which you can rightfully claim a tax reduction. It is also advisable to find a charity that accepts vehicles without charging a removal fee.

Step#2

Use the Kelley Blue Book or IRS Publications 526 (“Charitable Donations”) and 561 (“Determining the Value of Donated Property) to determine the fair market value of your car. If it’s worth $5,000 or more, have the car appraised by someone certified.

Step #3

Receive a tax receipt with the charity’s name and federal tax number, date of donation, donor’s name as well as the year, make and model of the car that was donated.

Step #4

Follow New York regulations on what to do with the title and plates after notifying the DMV and your insurance company that you no longer own or insure the vehicle. Your receipt and completed IRS Form 8283 should be kept in a safe place, you’ll be needing it when it comes time to file your taxes.

How to Donate the Car to Outreach Center

Step #1

Know that for the easiest method and maximum tax benefits, the clear choice for car donations is the popular “Outreach Center” You can simply fill out a form on their Car Donation Website or by calling them on 800.768.7666

Step #2

Outreach Center will give you an idea of whether your car will be able to be used as a program car that can be given in aid of needy children. If the car isn’t worthy, it will be sold at auction or for scrap, in which case you can only use the sale value or scrap value. You will get an email or letter back about the decision.

Step #3

Note that in the event that you are pre-approved, you will send Outreach Center your signed title, and they will pick up the vehicle free of charge and have it inspected. If approved, you get a tax voucher in the mail letting you know you can take the fair market value for tax purposes.

Step #4

Sit back, and smile knowing that you did something nice for charity and at the same time got a nice reward for yourself as well.



TIPS

* If the charitable organization is going to make material improvements to your car donation, you must get written notice within 30 days about the use and duration of such improvements and that the asset won’t be sold or bartered until the improvements are finished.

* If the fair market value of your vehicle is less than $500, it doesn’t matter what the car will be used for. You can take the full fair market value on your tax return.

WARNING:

* Make sure you choose a reputable company before donating your car

* Don’t pay for towing - The better known car donation companies will usually foot the bill.

Things you’ll Need:

* Internet connection and computer

* Form 1040 for Federal tax return

* Title to car you will be donating

* Itemized deduction tax form

* Used car with some blue book value

* Keys to Car



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Traffic Court – No Prosecutor or the Cop is Acting as the Prosecutor are Both Legal Grounds for Dismissal!

27 Feb, 2008

legal rights new york
Greg Slaughter asked:


The state of New York decriminalized minor traffic offenses in 1934 with the creation of the ‘civil traffic infraction’. New York blazed the legal path that other states quickly followed in decriminalizing minor traffic offense by also adopting the civil traffic infraction.

The creation of the civil traffic infraction allowed the courts to do away with costly jury trials for traffic tickets. The courts reasoned that jury trials were not necessary because the infraction was a ‘civil offense’ carrying only a ’small’ civil fine as a possible penalty and no possibility of jail time.

The next causality of the civil infraction was the prosecutor. Lawyers are expensive and therefore, many states decided that the lawyer/prosecutor was not needed for civil traffic infraction cases — the cop could be the prosecutor. Some other states, such as California, correctly legally rationalized that the cop could not be the prosecutor (People v. Marcroft (1992) 6 Cal.App.4th). However, a California court also (People v. Carlucci , 23 Cal.3d 249) concocted the irrational decision that no prosecutor was necessary to conduct a civil traffic trial.

The decision to make the officer the prosecutor presents a great constitutional problem for traffic courts. Justice and the Constitution demands that courts are to be fair and impartial — not favoring one side over the other. The court, by allowing the state to be represented by a non-attorney (the cop), is favoring the state over the defendant. If the defendant elects to be represented in traffic court, the court demands that the defendant go out and hire a Bar attorney at their expense.. Such treatment of the defendant by the court is indisputably biased and blatantly unfair treatment and is solid grounds for dismissal of the defendant’s traffic case.

Civil traffic cases where there is no prosecutor present in the court are treated by traffic courts much like a small claims court action. In small claims courts both sides simply tell their stories to the judge and are allowed to cross examine one another under oath and the judge is allowed to ask questions of both sides.

Traffic courts treat the traffic court hearing like a small claims court only to the degree that it serves their purpose (collection of revenue). Where it does not serve the court’s purpose (threat of loss of revenue), they treat traffic court cases like a different legal animal altogether. For instance, in a civil small claims court the plaintiff must show up at the time of trial, or the case is dismissed. However, in a traffic trial where there is no prosecutor, the plaintiff (the state or the People) never shows up and never does the court dismiss the case.

Who is present in court to legally uphold the claim of the state or the People against the defendant when there is no prosecutor? The judge? The Constitution requires the judge to remain fair and impartial. How about the cop? For the reasons explained already, the cop cannot be the prosecutor and in regards to California, an appeals court in the Marcroft case ruled that the cop is the witness, no more, no less.

When there is no prosecutor, there is no one present in court who can legally uphold the claim of the state or the People against the defendant. In this instance, the state or the People (the plaintiff) have legally abandoned their claim against the defendant in the exact manner as a plaintiff in any other civil court proceeding except traffic.

Traffic courts are not concerned with justice or protecting people’s rights under the Constitution, but maximizing the collection of revenue is the traffic court’s real and true agenda. Lest anyone be inclined to believe otherwise, try challenging a traffic court judge sometime by moving to dismiss your traffic case because the state or the People have abandoned their claim against you by not having a prosecutor in court. Watch as the judge’s temperament and demeanor instantly change. The judge will be quick to remind you that the state grants the court the right to try a civil traffic case absent a prosecutor. If that doesn’t immediately shut you up, then the judge will invoke a judicially intimidating tone of voice accompanied by some strong facial expressions, as the judge instructs you to move on to something else.

The abandonment of the state’s or the People’s claim for lack of prosecution is a raw nerve that traffic court judges do not want exposed in open court. Such a claim exposes to everyone the fraud of the court and the court’s mere pretense at justice.

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Renter’s Rights in New York City

19 Feb, 2008

legal rights new york
Nicholas Adams Judge asked:


Tenants in New York have more rights than those that rent in most other states. A long history of urban housing problems has led to a significant amount of progressive legislation that effectively makes renter’s rights much more important than a landlord’s short term bottom line.

Just like with all types of rights, the rights of tenants are only useful if people know that they have them. This quick guide will outline some of your renter’s rights that are most often violated by the landlord or building owners.

Firsts and foremost: Discrimination in housing – including on the basis of sexual orientation – in any facet of the housing market is legally forbidden, and New York City has a particularly strong Human Rights Commission that helps enforce anti-housing discrimination statutes.If you think you’ve been the victim of discrimination either as a tenant or potential renter, contact the commission immediately.

Second, you have the right to a heated home from October 1 – May 31. If the heat doesn’t work, or if the heat is below 68 degrees Fahrenheit during

that time, then you have the right to withhold a portion of the next month’s rent equatable to the portion of the month that the heat didn’t work.

Likewise, you have the right to a safe, healthy and habitable New York City apartment environment. If the hot water doesn’t work, or there is a rodent or bug infestation, that’s the same as the heat not working in the middle of winter, and you should act accordingly.

The guarantees of safety also mean that, if you are in a basement or ground floor, you have the right to working window protectors that keep anyone from coming through your window, as well as the right to an appropriate number of smoke alarms throughout your apartment.

Similarly, you have the right to at all times have a working lock on your door that keeps everybody that doesn’t have a key out.

One of the least known tenant rights is the right to have a mirror in all service elevators. This gives everybody the right to see if there is anybody in the elevator before getting in, and cuts down slightly on crime rates.

Perhaps most importantly, the landlord does not have the right to evict you without a court order. Only a court order can lead to you eviction, no matter what an irate landlord might say.

In sum, renters have the right to safety, warmth, a healthy environment and all the other aspects of having a home so important. These things are quality of life issues for you to debate with your landlord, they are rights that should never be violated. If they are, the New York City housing courts are a powerful way for tenants to make sure that they are financially compensated.

When trying to find the perfect New York Apartment, resources like CityCribs.com and the NYTtimes.com provide an easy to use and comprehensive selection of rental properties.



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A Guide to Hire New York City Injury Lawyer

17 Feb, 2008

legal rights new york
jim wilson asked:


 

Life can bring several unknown and unpredictable events. There are several accidents which can crop up unexpected. These unfortunate and unpredictable events could be a result of a personal injury, accident injury, medical injury, negligence or tort.

If you or your loved one has been a victim of such a situation, then it can be a very painful for you or your loved ones. A personal injury can severely affect your health, wealth as well as your family members and friends. You must seek full compensation, if you have suffered personal injury due to negligence of fault of some individual, authority or an organization.

A personal injury lawyer handles various cases related to personal injuries involving medical injuries, negligence, accident cases, and several other personal injury cases. An injury lawyer is equipped to handle complexities involved while seeking out monetary compensation from the offenders. If you or your loved ones have been a victim of personal injury within New York City, then you should consult a New York lawyer to help you facilitate personal injury claim from the negligent authority or an individual. If the victim is seriously injured, then the responsibility of hiring a competent injury lawyer lies with the victim’s family members and friends.

Before you actually decide to hire a personal injury lawyer, you should do a little research to find out legal background of your lawyer. You should find out their previous success track record to perceive how successfully he handled similar legal cases. Once you gain insight into the previous track record of your injury attorney, then you can decide whether you should hire them or not.

Once you make your mind to hire an injury lawyer, then you must explain each and every minute details regarding your personal injury case or accident. Once your personal injury lawyer analyzes various aspects in detail, he would be in a better position to fight and seek monetary compensation to help you move out of crises. You should make sure that you do not hide any detail from your personal injury lawyer. This will only make your case weak. You should also consult a medical professional or a doctor to find out about the extent of your personal injuries, and how long it will take to recover from those injuries. This will help your lawyer to determine the monetary compensation amount from the negligent authority or an individual. You should personally discuss various issues in detail with your personal injury lawyer.

There are several injury lawyers operating within New York City. It is your responsibility to provide legal justice to someone who has suffered a personal injury. It could be you, or your loved ones. In most of the cases, people are ignorant about their legal rights and how they can actually bring culprits to the justice. A personal injury lawyer can help you seek justice and compensation which you deserve.



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Accident Lawyer Long Island Handles Legal Matter Involved in Car Accidents

15 Feb, 2008

legal rights new york
Paul Justice asked:


Accidents can be very common in this modern day. Accident lawyers Long Island bound can find plenty of work. There are many instances accident lawyers Long Island mindful can get lots of work. For one thing, work places often harbor unsafe work environments. Car accidents are also very common in most places and this is especially true in Long Island. Another reason for needing accident lawyers in Long Island is for when you are injured randomly by no fault of your own.

Many places harbor unsafe work environments, and Long Island is not exempt. There can be hazardous chemicals in many work environments. There are many government regulations around the storage and use of these chemicals. Also, there can be lots of rules around how to deal with spills. When employers don’t follow the regulations or make it difficult for the regulations to be followed, accidents can occur. Accident lawyer Long Island bound can help in these cases. There can be even more neglectful cases of work place injuries though. Some employers are very aware of work place dangers like asbestos insulation, faulty wiring or lack of carbon monoxide detectors. In these cases, accident lawyers Long Island conscious are essential. Oftentimes employers are reluctant to give employees time off or give disability. Accident lawyers can help employees fight for their rights and get what they need.

Car accidents in Long Island can be another fruitful source of litigation. Accident lawyers Long Island specialized are very familiar with these types of accidents. Car accidents are perhaps the most frequent type of accidents people fall prey to. Insurance companies are supposed to cover most accidents. Sometimes they try to take a long time to pay claims. Accident lawyers Long Island specialized know how to deal with insurance companies and get the money that people need. Other times, accident lawyer Long Island specialized, need to help with legal matter involved in car accidents. People unfortunately have run-ins with the law and need legal representation. Drunk driving is a very common problem and there is a strong demand for legal representation in their cases.

Anyone can suffer form a random injury at any time. Often these accidents are because someone was being neglectful of something. In Long Island, there are many places like this. Accidents can happen in both residential and commercial areas. Sometimes, people don’t keep walkways clear. This can lead to serious accidents by innocent people. These accidents can have long term affects on people. They may not be able to work and still have many bills to pay. Accident lawyers Long Island conscious would want to help in these cases. Other times, a place could be in violation of certain health codes. People can get seriously sick from things like that. Accident lawyers Long Island conscious know what to do in such situations.



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New York Mesothelioma Rate Among Highest in the Nation

08 Feb, 2008

legal rights new york
Nick Johnson asked:


New York City Awarded $40 million in Asbestos lawsuit

New York Jury Awards $16 million to three railroad workers in mesothelioma lawsuit

Lawyers File Mesothelioma Lawsuit for Third Family Member

These are just a sampling of recent headlines about asbestos and mesothelioma lawsuits in the state of New York. The numbers may sound outrageous to those who have never dealt with the realities of watching a loved one die of mesothelioma, or seen the toll that it takes on a family’s finances and future. The reality is that the treatments for the deadly disease can easily cost a family hundreds of thousands of dollars a year.

The reality is that hundreds of people are diagnosed with mesothelioma annually. The reality is that the enormous industries that used asbestos knowingly exposed workers to a toxic substance - and hid the dangers from them and from the general public for decades. The very sad reality is that if those companies had made public the things that they knew and provided even the simplest of protections for their workers, thousands of husbands, fathers, brothers, wives and sisters would not have died a painful, ugly death from one of the most virulent forms of cancer known.

What is Mesothelioma?

Mesothelioma is a form of cancer that is caused by exposure to asbestos fibers. It is, overall, a very rare form of cancer, but its incidence rises dramatically among those who work or have worked around asbestos. There have also been cases of mesothelioma among family members of those who worked with asbestos, and among residents of areas where factories and processing plants processed and mined asbestos and turned it into products that were sold nationally and internationally.

What is the basis of mesothelioma lawsuits?

Industry leaders have known since the early 1900s that exposure to asbestos dust often resulted in serious lung diseases. These companies chose to hide the dangers rather than protect their workers and the community from those dangers. Some of the larger companies went so far as to have their employees examined by company doctors and instructed the doctors to withhold diagnoses of lung disease from those who were ill.

Another company rejected a researcher’s suggestion that all workers who handled asbestos wear inexpensive paper filter masks because it would be bad for the company image and worry the workers. The history of deliberate neglect to preserve profits is documented in reports, memos, letters and files exchanged among the top executives and decision makers in those companies.

It is this history that is the basis of most mesothelioma lawsuits - that the industry knowingly and willfully ignored the knowledge of danger and put all of their workers at risk so that they could continue to profit from the sale of the dangerous substance. The fact that they knew of the danger and deliberately hid it from the public, their workers and the government makes them liable not only for compensation of medical expenses to those that were harmed, but for punitive damages as well.

Who is affected by mesothelioma?

Mesothelioma has been definitely linked to exposure to asbestos. There is no other known cause, though there are certain factors that can increase the risk of developing mesothelioma. Workers on job sites that handled asbestos in high quantities are most at risk, but there have been cases of mesothelioma traced back to a limited, even single, exposure to asbestos dust. New York has a high concentration of those industries, and many of the companies that manufactured products made with asbestos are located in New York, and for that reason, there is a high concentration of mesothelioma cases in the state.

If you worked at a New York shipyard, power plant or construction site at any time through the 1970s and early 1980s, it’s very likely that you were exposed to asbestos dust. If your job involved working with cement pipes, wallboard, insulation, brake shoes, elevator brake shoes, fireproofing materials, fire curtains, adhesive compounds and many other products used in the construction industry, you may have been exposed to asbestos. If a family member worked in any of those industries or with those products, you may have been exposed to asbestos.

What are your rights in a mesothelioma lawsuit?

If you have been diagnosed with mesothelioma or another asbestos-related disease, you can bring a legal claim against those who were responsible for your exposure. Contact a top mesothelioma lawyer in New York today to discuss your case and the options available to you.



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