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New York Car Accident Checklist by Injury Lawyer

19 Mar, 2008

legal rights new york
jim wilson asked:


Car accident cases are more reported during winter months. However there are some basic guidelines which should be followed if you are involved in a car accident within New York City. It could be bit difficult for you to concentrate on the right course of action immediately after the accident, but it is important to acquaint yourself with the basic car accident checklist.

This checklist will help you understand what should be done right after the accident. It is best to remember these basic facts and they will surely help you if you get involved in a car accident.



Determining the Extent of Injuries or Damage - Always maintain your calm if you get involved in a car accident. Your panic could make the situation worse. You need to perceive the extent of damages and should figure out if you or any passenger suffered any serious injuries. If you feel that the injuries are serious then immediately seek medical attention.



Always file a Car Accident Report with the New York Police - It is important to have a legal accident report even if you are involved in a minor car accident. You should make sure that police file a complete report involving all important details like the extent of injuries and damages.



Discuss the your accident/injuries with the Accident Lawyer - If you or somebody close to you get seriously injured in a car accident, then you must contact New York Injury Lawyer. Your injury lawyer will guide you through the best course of action available for you. You should make sure not to admit any fault or liability if you were not at fault.You should also ensure that you do not accidently weaken your case by speaking directly with the insurance agents. Sometimes these insurance investigators try to devoid you of your personal injury or damages compensation.



Get all the necessary Facts - Most of the people often forget to note down the names, address, and phone numbers of everyone who was involved in the accident. The car description and license plate number can also prove helpful, but make sure to note down their insurance company and the vehicle identification number of their car. Most of the insurance companies only record the type of car and the vehicle identification number and not license plate number.





 

If you have suffered serious injuries in an accident due to negligence by some state authorities like Transport authority, Municipal authority or maybe due to dangerous and rash driving by some individual, then you must get in touch with your Accident Injury Lawyer. Your accident lawyer will help you receive justice and compensation for your injuries from the fault party as well as the insurance companies who might try to devoid you of your genuine accident injury claim.



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Travel in Peace by Employing the Services of a New York Moving Company

14 Mar, 2008

legal rights new york
Claudia White asked:


Moving from one locality to another, one city to another or even one country to another can be an exciting, adventurous and a fun experience. However, it also entails a lot of stress, tension, worry and undue pressure. Firstly, you are worried about leaving behind known places, known people and known surroundings and making a fresh start at a new place. If the move is due to a change in the job scenario, then the further tension of a new work environment is also added to the move. Also, another major concern of transferring or shifting to any new place, involves the central issue to transferring your belongings and assets in a safe and secure manner to the new location from your previous location. However, at least this aspect of a transfer can be professionally handled by a New York moving company, reducing your worries to a great deal.

When you decide to hire a New York moving company to handle the transfer of your goods and belongings, then the very first step should be assessing the reliability and experience of the service provider. The internet or the yellow pages will give you a fair idea about the top vendors in your locality and then you need to compare their services and rates and arrive at a conclusive decision about selecting the right vendor. Getting a reference from a previous client of the New York moving company you are planning to select, is also a good way to judge the abilities and the service provided by such a company.

Once you get in touch with a New York moving company of your choice, they will send an executive to your place to inspect the belongings which you want to transfer from one place to the other. The distance to be covered must also be mentioned to the executive, in order to get a complete assessment regarding the cost of service. The executive then quotes a rate for the entire job and if you are agreeable to it, the deal can be finalized. However, before deciding on the charges of the service provider, ensure what all services are being provided by them and whether the paperwork and legalities required for any kind of transfer will also be dealt by their executives. Once, both the parties agree on the terms and conditions, the deal can be finalized and the transaction implemented accordingly.

Starting from the packaging, shifting, storing, transferring, unpacking and settling the belongings in the new location, every task should be handled by the New York moving company service providers. The various states and different countries have different laws regarding the transfer of certain assets like cars, etc. Hence, you must ensure that the moving company you hire is well acquainted with these facts. Once you have the professionals taking on the responsibility of transferring your valuable assets in a safe and sound manner, with insurance for damage, loss or theft, then you can relieve yourself from the worry of transfer and concentrate on the exciting opportunities that crop up with a shift to a new place.



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Let a Complicated Case of Divorce be Handled by the Best Divorce Lawyer New York

12 Mar, 2008

legal rights new york
damey asked:


When two matured individuals are united by the bond of holy matrimony, they make a promise to stay together for better or for worse. However, man proposes and God disposes and at times, the circumstances are such that it is impossible for the couple to stay married. A feasible option then, is to part ways amicably, rather than stay on and let the situation go from bad to worse. A divorce is the best option for such couples, and although it is a painful decision both mentally and emotionally, it is the best solution for all involved. However, a divorce, although a feasible step, can be a complicated process for both the parties involved. It involves many legal technicalities and the resolution of many issues before the couples can finally part ways. Hence, it is advisable to have a competent and experienced divorce lawyer New York on your side, to handle the case for you.

A divorce lawyer New York is the best person to approach for professional help and guidance, as his past experience comes in handy while trying to resolve your divorce case. However, since the relationship of a lawyer and his client is based on trust, it is crucial that you hire only the best. The yellow pages or the internet are a reliable source of information when you are trying to locate the best divorce lawyer New York. Even a past client whose case had been handled by a particular lawyer, can guide you on your selection of the right lawyer.

Once you have decided up on a divorce lawyer New York, make sure that you are also aware of the fess which he charges and whether or not he would charge you even if you just go in for consulting. Many good lawyers are expensive and you must be aware of the price tag attached to such a professional before you approach him with your case. However, hiring the best lawyer has its own advantages, even if the price to be paid is a little higher. The vast experience and success rate of lawyer will give you a fair idea of the right person to be hired. When a lawyer finally takes up your case, then complete transparency between you is essential and you must update him truthfully about every aspect of the case and the current situation.

A divorce involves the settlement of many complicated issues like the division of assets and property, payment of alimony, ownership of any joint investment and even the custody of children, if applicable. When a couple decides to split then not only them but everyone else involved are also severely affected, especially children and thus, it is natural that you will not be in the right state of mind to make the proper decisions which are for your benefit. Hence, hire a competent divorce lawyer New York and leave all the worries of handling a divorce case in the best manner possible, to him, while you concentrate on picking up your life and starting all over again.



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New York City Arraignment

04 Mar, 2008

legal rights new york
Joseph Potashnik asked:


NEW YORK ARRAIGNMENT

While some criminal defendants see the clouds gathering over their heads long before the arrest, most people caught in the criminal justice system had no idea that they would become defendants in a criminal case. In New York, the first criminal procedure arrested individuals encounter after booking is an arraignment. In this article I will touch on what New York City arraignment is and what to expect before, during, and after it.



WHAT IS AN ARRAIGNMENT?


An arraignment is the first appearance of the defendant in court where he is informed of charges filed against him, advised of the right to counsel, and provided with a copy of the accusatory document. The law requires that arraignments must be conducted without unreasonable delay following the defendant’s arrest, which means within 24 hours. In New York City, it is not unusual for the defendant to spend more than 24 hours in jail prior to getting to see the judge. During this time it is often impossible to get in touch with the arrested person and relatives will not see him or her until court.

Most cases never reach trial and arraignment may be the most important part of the criminal proceeding against him, although it only will last several minutes. The outcome of an arraignment will be releasing the defendant, setting bail, or keeping the defendant in jail until further appearances. The arraignment judge has the sole authority to decide the matter of bail.

NEW YORK ARRAIGNMENT IN SUPERIOR COURT



Most NYC arrests are processed in local (as opposed to Superior) criminal courts. There are only two ways to prosecute an offense in a superior court: by an indictment filed with the court by a grand jury and a superior court information filed with the court by a district attorney. The defendant must be arraigned right after the district attorney files an indictment with a superior court.

At an arraignment, the court will inform the defendant of the charges against him. The defendant has the right to be represented by counsel at the arraignment and at every subsequent stage of the action. If the defendant does not have an attorney at arraignment he has the right to adjourn the hearing to obtaining counsel, the right to communicate by telephone to obtain counsel and informing a relative or friend that he has been charged with a crime, and the right to have an attorney assigned by the court if the defendant is financially unable to hire an attorney.

If the defendant wants to proceed without a lawyer, the court will allow the defendant to do so, provided it is convinced that the defendant understands the significance of this decision. If the court is not convinced, it may not proceed until the accused is furnished with an attorney, either of the accused’s own choosing or by assignment. A defendant who proceeds pro se at arraignment does not waive his or her right to counsel, and the court must advise the defendant that he or she may exercise that right at any stage of the action.

WHY IT IS IMPORTANT TO HIRE A PRIVATE ATTORNEY FOR AN ARRAIGNMENT

Appearing with your own attorney at an arraignment will achieve several benefits. First, it is not unlikely in New York City that police officers misinform defendants as to precise nature of charges against them. These defendants are then surprised at the arraignment to find out that they are accused of much more serious crimes. Depending on particular charges, defendants may make certain procedural decisions, which would affect the entire case and if made incorrectly, may prove disastrous in future. For example, in some cases a refusal to sign certain waivers will automatically deny the defendant the ability to plea bargain and could result in a much harsher sentence. An experienced criminal defense attorney has better chances to find out about the charges and advise defendant as to the best course of action.

Second, many defendants are questioned by police while in custody and feel “obligated” to answer questions with extremely damaging results. The fewer questions are answered without the presence of an attorney, the better it is for the defendant.  The key is to retain an attorney early enough to stop the police from questioning the defendant if possible. This could provide the best protection to a client because officers may obtain potentially harmful information and evidence from the arrested individuals before the arraignment.

Third, presence of a privately retained counsel raises the “status” of the defendant before the court. This may indicate that the defendant is a responsible individual who cares about his case and himself enough to obtain a lawyer. It also shows that the defendant may have family or community roots (if the attorney is retained by the family or friends who are also present in the courtroom). In general, retaining a counsel will provide a sense of security to worried relatives who are absolutely lost in the criminal process jungle and often cannot obtain even basic information about their loved one’s case. A lawyer will personally screen the case and explain the process to the relatives as information is coming in.

Defendants who are not represented by private attorneys are provided with an appointed lawyer, usually working for one of the legal aid groups. These attorneys are knowledgeable and capable but they are usually extremely busy as each is handling dozens of cases daily, sometimes in different courtrooms.  Because of their busy schedules, they are not able to give a particular case as much attention as a private attorney would. In practically all cases, court-staffing attorneys receive defendant’s files literally immediately before the arraignment itself. However, if the defendant has not yet been processed by the court system, the case is not assigned to an attorney and relatives will not receive any information about their loved one until the case makes its way through the system, which takes long grueling hours.   

SETTING BAIL IN NEW YORK ARRAIGNMENT



When judges decide whether to set bail in a particular case, they consider many different factors, including seriousness of the charge, prior criminal history, prior warrants, ties to the community, etc. “Ties to the community” is a broad term. Any connection or factor that may reduce the flight risk or would indicate that the defendant is not a public threat is helpful in either avoiding bail completely or having a reduced bail set. Among the factors to determine whether a person has sufficient ties to the community are the following considerations:

· Family in the community (having family and friends in the courtroom is a very good benefit)

· Citizenship

· Home ownership

· Employment history and status

It is impossible to predict with any certainty the amount of bail in a given case. There are, however, many factors, which should be considered and some very general estimates could be produced. While in many cases the defendant may be released on his own recognizance (ROR), in some cases bail will be set. The amount of bail depends on the seriousness of crime and the defendant’s prior criminal history. Particular judges also have their own preferences in setting bail.

If you or your loved one is arrested in New York City, call our New York criminal defense attorneys for a free phone consultation.



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