An Order of Protection (OP) is a Court Order mandating an individual to either refrain from certain behaviors against specified individuals, or to stay away from the protected party entirely. The purpose of an OP is to protect the alleged victim from harm. Most often OPs are directed in response to incidents of domestic violence. Multiple courts have jurisdiction to issue OPs, and all orders require the restricted individual to surrender any firearms they may have.
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Both Landlords and Tenants Have Rights in New York
Illegal Apartments
Landlords and tenants have rights in New York. In Suffolk County, many jurisdictions require that a landlord obtain a rental permit prior to renting an apartment or home. In cases where a landlord has failed to obtain a rental permit when required, the facts of a case and the jurisdiction determine the whether the landlord may prosecute a claim or recover monetary damages.
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Canadian Visitor Dies in Dump Truck Accident
On February 12, 2016, a 48-year-old woman was fatally struck by a dump truck while in a crosswalk in Manhattan. The woman, who was visiting from Canada, died at the scene from internal injuries.
According to the New York Daily News, the driver will probably not face criminal charges. The driver of the truck apparently did not see her crossing the street due to a blind spot and did not realize he had struck her until he turned the corner.
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Use of Drug Sniffing Dogs at Traffic Violation Stops
In 2005, the United States Supreme Court held that there is no expectation of privacy when carrying drugs. Accordingly, the Court determined that the use of drug sniffing dogs during a traffic violation stop did not violate the unwarranted search and seizure clause of the Fourth Amendment.
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Construction Worker in Critical Condition after Toxic Fumes
Dangerous fumes at a Midtown renovation site caused three construction workers to fall ill on February 24, 2016. According to a New York Fire Department spokesperson, one of the workers is in critical condition and was rushed to Bellevue Hospital. The other two construction workers suffered minor injuries.
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What Happens at an Arraignment?
An arraignment is typically the first proceeding where a defendant is brought before a judge. The Court must inform the individual of the charge(s) and determine whether bail is appropriate or if the person should be released on their own recognizance.
When deciding bail, the Court considers the defendants ties to the community and whether he will be a flight risk. Some factors weighed include whether the defendant’s ties to the community, including whether he lives with and visits family, is employed, has a previous criminal history, and whether she has failed to appear at previous scheduled court proceedings.
Are You Legally Entitled to Smoke in Your Apartment?
Recently, Suffolk County lawmakers passed a bill that will ban smoking in apartment complexes. The prohibition applies to apartment complexes with ten or more units- including senior facilities and condominiums. Smoking will be prohibited in all common areas of the building as well as outside common areas including courtyards and playgrounds. Violators are subject to a $250 fine, and a jail sentence could be imposed for those with multiple violations.
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Couple Alleges Abusive Treatment of Daughter at Daycare
Recently, a Long Island couple has filed a notice of claims against several agencies due to the abuse their 21 month old daughter endured at a daycare facility. The couple has notified the Southampton Town authorities, Suffolk County Child Protective Services, The New York State Office of Children and Family Services, and the New York State Board of Regents. The complaint alleges that their child had been “yanked out” of a high chair, slammed into a crib, and forcibly fed until she vomited. Two employees have since been terminated and arrested due to this and other instances of abuse that had gone unaddressed by the facility’s owner.
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Lawmakers Discuss Reforming New York City Bail Requirements
New York City has been discussing changes to bail requirements for low level offenders. Many non-felony offenders are held in custody due to their inability to post bail. In many cases they are unable to post a low bail of $500. According to statistics provided by Human Rights Watch, nine out of ten defendants in 2008 were unable to post bail set at $1,000 or less.
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Case Dismissed Based on “Auto-Brewery Syndrome” Defense
Having a dedicated and experienced attorney is essential to defending yourself against DWI charges. There are evidentiary tools and various defenses which can be asserted that an attorney can help identify.
One recent case in which an attorney’s experience and use of unique defense tools resulted in a dismissal is a case in Upstate New York. A woman, after driving erratically, was pulled over for drunk driving. Her blood alcohol content (BAC) was at .33, more than four times the legal limit of .08. She stated that she only drank three alcoholic beverages earlier in the day, which was not enough to equal her BAC.
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