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Criminal Law Attorney If you have been charged with a crime, then you need to seek guidance from a lawyer as soon as possible. Everything you say and do may be used against your case in court. After your arrest and being placed under investigation, you must take advantage of your right to obtain counsel by contacting the criminal defense law firm near you as soon as possible. As a criminal defense lawyer explains below, here is what you need to do after an arrest to protect your best interests. Following an arrest, there is a standard procedure that includes interrogation, bond hearing, trial or plea bargain, and sentencing. During the investigation, you may be brought into custody of police and questioned after your arrest. It is vital that you only offer information such as your name but otherwise refrain from answering anything else until the presence of a lawyer. Law enforcement use all kinds of tactics to get people to answer questions and then they use the words of the accused against them. It’s unfair because most people don’t realize what is happening to them until it is too late. It is much more difficult to take back something you already said, than to prevent yourself from making incriminating statements in the first place. During the bond hearing, a judge will set the amount that is required to release you. For the trial or plea bargaining, depending on what will be in the best interest of your case, your lawyer may negotiate a deal with the prosecution or take your case to trial. Lastly, sentencing is when the judge will impose repercussions once the trial or plea hearing has concluded. Many people who have been arrested and are accused of a crime are intimidated at the process and don’t know what to do. It’s unfortunate because the judicial system is not set up for people to understand what’s going on. It’s almost as if they set people up to fail from the beginning because they may not know when they are making mistakes that greatly hinder their case. If you are arrested, keep the following tips in mind. Before and after your arrest one of the most important things to remember is to be calm, cordial, and patient. How you act during the arrest process may make the situation worse. Despite how unjustified the arrest may seem to you, if an officer is set on the arrest, then they are going to do so. The chances of you talking your way out of an arrest in the moment is slim to none. So remain quiet and after your booking process at the police station request a lawyer right away. Refuse to answer any investigative questions until your legal team has arrived and is sitting next to you. Many people make the mistake of thinking that if they are just honest to the police with what they know, that they will be seen as innocent and the charges will be dropped. But rarely is this the case, as law enforcement is probably dedicated to making you seem guilty by whatever means necessary. Protect yourself by staying silent and calling a lawyer, as the team from Law Group of Iowa recommends, immediately. Contact Us PHONE: 212-871-1300 747 3RD AVENUE 23RD FLOOR NEW YORK, NY 10017 Facebook Twitter Youtube

Auto Accident Lawyer You may be wondering if there is any additional danger to being in a truck accident depending on the state you are in. After all, truck accidents can hardly be more malicious or dangerous in one state than in another, right? Not necessarily. In fact, some states pose an additional risk of getting into very dangerous truck accidents simply because there are more cars and trucks on the road than there are in other states in the country. Trucking accidents are a serious issue because they can lead to life-threatening injuries. What causes truck accidents to be deadly? It seems each year that car companies put out new cars on the road, the car is made with additional safety features. In fact, some cars can even drive themselves. How is it that truck accidents are still so dangerous? As a trusted attorney, like a truck accident attorney understands, even cars with all of the newest safety features, working airbags, and the capability to see some fenders benders coming (and avoid them), are still at the mercy of most trucks on the road. When a large object rams into a smaller object, the small object will always receive the most damage. Consider this: your typical car weighs just over 4,000 pounds. While that seems like a large amount to the individual person, it is small potatoes on the road. An 18-wheeler, on the other hand, weighs a minimum of 35,000 pounds (empty) and up to 80,000 pounds (fully loaded). Trucks are also not equipped to maneuver on the road the same way that other vehicles are. They have very bad blind spots, they cannot come to a complete stop quickly, and their turning radius is poor. All of this is a recipe for danger if you are a car on the road. What can I do after a truck accident? After you have been injured in a truck accident, you should feel like you have options for recovering compensation for your injuries. It is crucial that you speak with a trusted law office. You may feel that you are out of options and that you are in no condition to negotiate with an insurance company. The truth is, even if an insurance company knows that their customer was in the wrong, they’re still going to argue that you were responsible for the accident in some way or that you do not deserve a fair amount of compensation. You want to ensure you are set up for success when you file your truck accident claim. Call a Law Office Today When you want to learn more about filing a truck accident claim and are ready to fight for the compensation you rightly deserve, reach out to a law office that can help you with your claim.

Car Accident Lawyer Changing a blown out tire on the side of the road can be a daunting task, especially if you are alone. But it doesn’t have to be. By following these simple tips from a car accident lawyer at Therman Law Offices, LTD, you can quickly and safely change a flat tire on the side of the road with confidence. Park in a Safe Spot If at all possible, pull as far off the road as you safely can so that you are not in the way of oncoming traffic. Try to find an even surface such as a shoulder to park your vehicle while changing your tire. It is important to avoid parking your vehicle on an incline or sloping surface; this could cause it to move and result in injury or further damage. You should also make sure your car is secured with wheel wedges and chocked blocks before getting out to change the tire. Use Flares or Reflective Triangles It’s always a good idea to use flares or reflective triangles when changing a tire on the side of the road. By doing this, you’ll increase your visibility and decrease the risk of a car accident. If you have flares, place one at each end of your car to alert drivers that you are stopped on the side of the road. If you don’t have flares, you can use reflective triangles instead. Place one triangle facing traffic from about 25 feet away from your car and the other two in front of and behind your car. This will give drivers extra warning that you are there. Loosen the Lug Nuts Before You Jack Up the Car This will help prevent any movement while you’re working. To do this, you’ll need a tire iron. Place the flat end of the tire iron on the nut, and push the curved end down until it’s tight. Turn the tire iron counterclockwise until the nut is loose. Repeat this for all four nuts, then remove them with your hand. Make sure the nuts are not tightened too much, or else it could cause further damage. Once you have loosened all of the lug nuts, you can safely jack up the car and replace the tire. Don’t Forget to Put the Lug Nuts Back on When you’ve successfully changed the blown out tire, it’s important not to forget one of the most crucial steps: putting the lug nuts back on. When your tire is loose and off the ground, make sure to check the tire for any damage or debris that may have gotten lodged in the treads. Once you’ve inspected the tire and ensured it is safe to put back on, get your lug nuts and put them back onto the wheel. To ensure they are tightened correctly, make sure to use a torque wrench set to the manufacturer’s recommended torque setting. Doing this will help ensure your new tire is safe and secure, so it doesn’t become a hazard while driving. Check Your Tires Regularly Checking your tires can help you identify any possible issues that may lead to a blowout, such as balding or low pressure. You should also check for any visible signs of damage and ensure that your tires are properly inflated. Doing this regularly will help you avoid tire-related accidents and improve the safety of you and your passengers. If you find that your tires need replacing, it’s important to do so as soon as possible, so that you don’t end up with a blown-out tire on the side of the road. If you get into an accident while changing your tire, contact a lawyer near you as soon as possible.

Employment Litigation Lawyer Racial discrimination is one of the most common forms of discrimination in the workplace and occurs when employers treat workers unfairly due to their racial identity. Whether this discrimination is intentional or unintentional, it can make for a very hostile work environment. Here are the most common types of racial discrimination in the workplace. Direct Harassment Harassment is one of the most common types of racial discrimination at work and may include rude remarks about skin color and racial slurs. Racial discrimination can also include light teasing and displaying symbols associated with racism, like a swastika. Hiring Decisions Federal law makes it illegal for companies to make hiring decisions based on race, including facial features, skin tone, hair texture and other racial characteristics. However, that doesn’t mean that some employers don’t try and still get away with this. If you have reason to believe that you weren’t hired solely due to your race, you may want to speak with an employment litigation lawyer. Unfair Disciplinary Actions Sometimes it is necessary to discipline employees for their wrongdoings. However, if employers disproportionately discipline workers of a certain race, it may be considered discrimination. For example, if black employees always get reprimanded for being tardy by a few minutes while white employees never get written up for being late, this may be racial discrimination. Wages Racial discrimination can also come in the form of pay discrepancies. Although employers are prohibited from paying workers less because of their race, some still and try to get away with it. An example of this may be a black manager earning less than a white manager with similar experience. Overlooked Promotions Some employees, no matter their talent or ambition, are unable to move past their current positions because of the color of their skin. For example, if you’re a black employee and always get turned down for promotions despite your extensive experience and training, you may be facing racial discrimination. Unequal Access to Training All employees have the right to receive adequate training after getting hired for a new position, regardless of their race. Unfortunately, however, sometimes employees of certain races may receive less training than employees of other races. This is a form of racial discrimination. What to Do If You’re Facing Racial Discrimination at Work If you believe you are being discriminated against at work for your race, the legal professionals at Eric Siegel Law may advise you to first bring up your concerns to your supervisor or human resources department and file a formal complaint in writing. If you have evidence of racial discrimination, such as emails or audio recordings, you should gather it. If you plan to file a racial discrimination lawsuit, you may want to hire an employment litigation lawyer. These lawsuits can be quite complex and you want someone knowledgeable and experienced on your side. A lawyer can look out for your best interests and improve your chances of a favorable outcome. Schedule a meeting with an employment lawyer today.

Special Needs Trust Lawyer After you pass, you want to make sure your family member or loved one with special needs can have the absolute best care and stability as possible. In other words, like any family member, you care about their life being able to continue thriving, and not just sustaining after your passing. In this case, it may be in your best interest to create a special needs trust for your loved one, and a special needs trust lawyer would be one of the first steps in order to do so. A trusted, experienced lawyer, like one of the lawyers at W.B. Moore Law, can walk you through the tedious steps of opening this trust and create a financial plan that will set up your disabled loved one for a prominent future. A special needs trust ultimately allows someone disabled to receive their inheritance while still receiving the public benefits. We’ve listed a few components below that further elaborate on how you can make the most of your special needs trust. How A Special Needs Trust Preserves Public Benefits First and foremost, a trust is a separate legal entity. And in order to qualify for most public benefit programs, a disabled person must show they have limited income. So unfortunately, if a parent leaves all of their assets directly to their disabled child, this inheritance must first be spent down before they can qualify for medical and financial benefits programs. But, if access to such funds is restricted so that only a trustee, court, or third person has the power to make distributions from the trust fund, then these funds are considered legally unavailable to the beneficiary, and therefore are not counted for public benefits purposes. In short, a special needs trust can allow your beneficiary to still qualify for Medicaid. Distributions Made From Special Needs Trusts Special needs trusts from an overall standpoint are intended to supplement, rather than replace, services and supplies already provided by a public benefits program. It should be made clear in the trust that funds are not legally available to your beneficiary in the sense they cannot require a distribution. Common examples of acceptable payments that can be paid for by the trustee are physical therapy, dental care, tuition, hobbies, vehicles, internet, health, and life insurance, clothing, and a pre-paid funeral plan. Common examples of distribution that can majorly affect your beneficiary’s public benefits program are payment of rent or mortgage, electricity bills, groceries, and cash distributions to the beneficiary. Your lawyer can further clarify what is and isn’t ideal for distributing future funds to your disabled loved one. Third-Party Funded Trusts And Self-Settled Trusts Third-party trusts is the overall term for a trust that handles assets that belong to someone other than the beneficiary. The most common example of a third-party trust is when a parent creates a trust in their will for their child. A self-settled trust is a trust that contains assets that the disabled person already owns or is legally entitled to – such as their own savings or a personal injury settlement. It’s important to discuss the differences between these types of trusts with your lawyer because a third-party trust has overall more flexibility. Third-party trusts can allow funds of the original disabled beneficiary to be passed along to another family member once the disabled beneficiary passes away.

Personal Injury Lawyer To the average person, the word “negligence” can be easily defined as carelessness. However, in a legal context, it is the concept of one’s failings or carelessness which ultimately causes harm, intended or not. Negligence can easily turn into a harmful act, causing physical, mental, and emotional damage. Negligence can quickly turn into gross negligence when the lack of care that is deliberate or reckless to the safety and lives of others is so great that it appears to be a conscious decision. Property managers, landlords, and supervisors’ have a duty to maintain a certain level of safety to prevent residents, visitors, and guests from sustaining injuries on their property. Be that as it may, this often goes askew when the care of facilities is not top priority. Violations can be a lack of fire alarms or sprinkler systems, cracks in pavement, or loose railings. More seriously, a breach in duty of care can result in chemical burns from improperly stored and maintenance of hazardous materials, and even water or steam burns from boiler room malfunctions. While the specific duties and responsibilities of each kind of property holder may depend on the kind of establishment it is, there is an underlying duty of care that needs to be provided to keep its inhabitants safe. For instance, an apartment complex manager has a duty to ensure that potentially hazardous power sockets are properly maintained to avoid potential electrical burn injuries to adults and children. Burden of Proof In a negligence premises liability case, the plaintiff, or in this specific case the burn victim who is filing the lawsuit, is the person who holds the burden of proof, meaning that the plaintiff is required to prove that the defendant caused the plaintiff’s injuries. This concept can be applied to the figure of Lady Justice, which is the very personification of the moral force in our judicial system. If you can imagine her scales tipping ever so slightly further to one side, that idea is the visual representation of burden of proof, as now it is being proven more likely than not that the defendant was liable for the injuries caused. Depending on state and local jurisdiction, some examples of points you must prove in order to prove negligence could be: The defendant owed the plaintiff a duty of care. The duty of care that was to be provided was breached and safety laws could have been potentially violated. The plaintiff suffered direct harm as a result of the defendant’s actions. To bring a successful premises liability claim for a burn injury, a plaintiff would have to prove that the burn would not have occurred if not for  the irresponsible actions of the owner of the property, and that the plaintiff suffered harm as a result. If you’ve been injured due to the negligence of another, a personal injury attorney can advise you on the complexities of negligence law and help you obtain the compensation you deserve. Thanks to Eglet Adams for their insight on comparative negligence.

BLITZ LAW GROUP’S TOP 2022 SETTLEMENTS 8.5 Million Settlement at Trial 4.2 Million Verdict 3.5 Million Settlement at Mediation 2.75 Million Settlement Post Trial 1.5 Million Settlement 900,000 Settlement at Mediation 500,000 Settlement Trevor Noah Says Goodbye We were honored when Trevor Noah, the comedian and host of The Daily Show, asked Blitz Law Group to represent him in a medical malpractice case. Both our relationship and his tenure as host of ‘The Daily Show’ recently ended very successfully. We wish Trevor all the best in his future endeavors and are thrilled that we were able to successfully represent him as his attorneys. NYDAILYNEWS.COM Trevor Noah sues NYC Hospital for Special Surgery, orthopedic surgeon for ‘negligence’ Noah, the host of Comedy Central’s Daily Show, sued in Manhattan Supreme Court against the hospital and orthopedic surgeon Riley J. Williams III alleging they were negligent while he was in their care. PEOPLE.COM Trevor Noah Files Lawsuit Against N.Y.C. Hospital and Doctor Alleging Botched Surgery in 2020 Trevor Noah suffered from “severe emotional distress and great physical pain” after the procedure, the legal complaint claims

Municipal Liability Attorney Traffic tickets are issued by law enforcement officers to drivers who violate traffic laws and regulations. These tickets can result in fines, points added to a driver’s license, increased insurance premiums, and even suspension or revocation of a driver’s license in severe cases according to a Traffic Ticket Lawyer from our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law. The most common traffic violations include speeding, running red lights or stop signs, improper lane changes, failing to signal, and reckless driving. In addition to these, there are many other less common violations such as failure to wear a seatbelt, using a cell phone while driving, and failing to yield to emergency vehicles. The consequences of receiving a traffic ticket depend on the severity of the violation and the laws of the state where the ticket was issued. For example, receiving a ticket for a minor violation like speeding usually results in a fine and points added to the driver’s license. On the other hand, a major violation like DUI can result in significant fines, jail time, and a suspended license. If you receive a traffic ticket, you have several options for how to respond. The most common options are to pay the fine, contest the ticket in court, or attend a traffic school or defensive driving course. Paying the fine is the easiest option, but it also means admitting guilt and accepting the consequences of the violation. Contesting the ticket in court can be more time-consuming and expensive, but it also provides an opportunity to argue against the citation and potentially reduce or eliminate the consequences. Attending a traffic school or defensive driving course can also help to reduce the consequences of a ticket, but it is usually only available for minor violations. One of the best ways to avoid traffic tickets is to follow the rules of the road and drive safely. This means obeying speed limits, traffic signals and signs, and using proper lane changes and signals. Additionally, it’s important to be aware of the laws in your state regarding things like seatbelt use, cell phone use while driving, and yielding to emergency vehicles. It is also helpful to understand how traffic tickets can impact your driving record and insurance premiums. Points added to your license for traffic violations can cause your insurance premiums to increase and can even lead to the suspension or revocation of your license if you accumulate too many points. Additionally, a history of traffic violations can make it difficult to obtain car insurance or rental cars in the future. In conclusion, traffic tickets are a common occurrence for many drivers and can result in significant consequences. To avoid traffic tickets and the consequences that come with them, it is important to follow the rules of the road, drive safely, and understand the laws of your state. If you do receive a traffic ticket, you have several options for how to respond, including paying the fine, contesting the ticket in court, or attending a traffic school or defensive driving course. We recommend speaking with a top rated traffic ticket lawyer near you for help on your case immediately.

Reprint of Article Published by The Eastern Hampton Star Lawyers Debate Sag Harbor Goop Fire Tom Gogola December 15, 2022 Whatever happened to that late-June incident at the Goop shop in Sag Harbor, where two waiters were badly burned after a store employee toasted marshmallows for an event, using isopropyl alcohol? It’s not in litigation, at least not yet. Lawyers for both sides are trying to negotiate a settlement. Justin Blitz, the New York City-based lawyer for the two men, Mark Nilon and Nathaniel Meeks, says that while his clients have since gone back to work, each was badly burned in the June 25 incident. That evening, the Goop retail store, founded by the actress Gwyneth Paltrow and headquartered in Santa Monica, Calif., hosted an event at its Bay Street shop, catered by Little Gem, which is owned by Mr. Blitz’s wife. (The catering company is not involved in the settlement discussions, the lawyer said.) Little Gem provided the food and the waiters. Unknown to the two men, said Mr. Blitz, Goop, on its own, had set up a s’mores buffet, with a burner in a covered area outside. According to police and fire marshal reports, a shop employee used rubbing alcohol to “kindle” the fire, and the vapors caused an explosion. Sag Harbor Fire Marshal Bruce Schiavoni cited Goop on a certificate of occupancy charge, and for lighting a flame underneath a flammable ceiling — in this case, a woven bamboo ceiling that was burned in the explosion. Mr. Meeks was helicoptered to Stony Brook Hospital for burns on his back and hands; Mr. Nilon was taken to Stony Brook Southampton Hospital with facial burns. Police reported that “subjects stated that rubbing alcohol was added to candles, which caused a large explosion/fire.” In the months that followed, said Mr. Blitz, both men paid follow-up visits to a number of doctors. The lawyer said he was hopeful that the shop and the waiters will arrive at an amicable resolution of the case. Failing that, “the ultimate next step would be proceeding with litigation.” An email sent to Goop’s corporate office for comment on the case did not receive an immediate response.

Criminal Law Attorney There are a number of laws on the books to protect you as a civilian. However, it may not seem like the law is always on your side. An accused party who is found guilty of a crime may not be subjected to repeated trials or punishment for it. This is a result of a law known as double jeopardy. Because laws vary from state to state, it is imperative to seek the advice of a criminal defense attorney if you are not an attorney and are unsure what the law may be in your state. It is wise to contact an attorney if you feel that your Fifth Amendment rights have been violated. There is a rule in place which states that once an individual has served their sentence or has had charges dropped against them for a crime they were accused of, they cannot be prosecuted again for that crime in the future. The law does differ from state to state and jurisdiction to jurisdiction according to a crime victim compensation attorney from The Lynch Law Group. Therefore, the laws will differ once you travel outside of the state or jurisdiction you are in. Although the primary objective of double jeopardy laws is to protect the accused, they also serve to protect the government. Due to the existence of double jeopardy we are unable to wrongfully convict an individual as well as avoid the burden of financial responsibility. There is no doubt that Double Jeopardy is a very significant part of the legal system. When a court makes a decision, it allows what that court decided to stand in the same manner that respect is given to that court. The concept of Double Jeopardy does not apply to every crime and the process of Double Jeopardy does not begin immediately. If, for example, you are accused of committing a crime and accept a plea deal, then you are not subjected to Double Jeopardy. You cannot be tried for that offense if you have been accused of a crime, entered a plea, and the courts accept your plea. You can only use double jeopardy once. As a result, certain evidence that was used in a prior case can no longer be used in a new trial as well. This is true for things that may have been used in the previous trial. Should you be guilty or innocent, you may think that double jeopardy would be a great thing for you. However, it is very complicated, and it is not a good idea to rely on the Internet to educate you about it. Please contact a criminal defense attorney as soon as possible if you feel that you or someone you know is a victim of a double jeopardy violation. Free consultations are offered by most criminal defense attorneys so that you can ask your questions and get expert advice.

Los motociclistas cuando se ven involucrados en accidentes suelen ser los más vulnerables y afectados en lesiones. Esto se debe a la poca protección con la que cuenta un motociclista, su cuerpo se encuentra en total exposición y su vehículo es pequeño en comparación con un automóvil, camión o trailer. Existen varios factores que incrementan la posibilidad de los accidentes de motocicleta, entre los principales se encuentran: Condiciones climáticas. Un motociclista se verá directamente afectado por las condiciones climáticas que son el incremento o descenso de temperatura, lluvias, tormenta, nieve, tormenta de arena. Cuando una de estas condiciones sucede afectará la visión del conductor de motocicleta, su temperatura corporal y su movilidad.  Imagina conducir bajo la lluvia, la incapacidad de visión, superficie resbaladiza, falta de movilidad incrementa las posibilidades de un accidente de transito, si un motociclista se encuentra en esta situación es imperativo buscar un refugio y esperar. Exceso de velocidad. La velocidad es un factor que muy frecuentemente se encuentra involucrado en accidentes de motocicleta, sobre todo en accidentes fatales. El comportamiento negligente del conductor de motocicleta o de terceros en el camino, incrementa la posibilidad de sufrir un accidente y sobre todo en la gravedad de la lesión que sufrirá la víctima. Los conductores con la fuerza del impacto generalmente son proyectados contra la superficie, a varios metros de distancia de donde ocurrió el impacto. Alcohol y Drogas. Las drogas, alcohol y conducción no son una buena mancuerna. Conducir bajo el influjo de drogas y alcohol, es ilegal, aun así el 28% de los accidentes fatales de motocicleta (2020) fueron bajo el consumo de sustancias tóxicas.  El alcohol y las drogas desvirtúan la realidad, las decisiones no son tomadas a conciencia, los sentidos y reflejos se ven afectados y las reacciones para una situación de accidente de tránsito son tardías. Omisión de casco. Es sorprendente que casi el 38% de los conductores o pasajeros de motocicleta que tuvieron un accidente fatal en el 2020 no portaban un casco. El casco es la única protección real que puede tener un motociclista y que le puede salvar la vida, proteger el cerebro de una lesión catastrófica o fatal, ¿por qué no hacerlo? Probablemente hará falta una campaña mayor para fomentar el uso del casco de seguridad y la cultura de seguridad personal. No importa, la distancia que recorra en cualquier momento puede ocurrir un accidente; la cultura de seguridad y prevención personal deberá permearse para que los motociclistas tengan en mente este factor como prioritario, si no hay casco, no me subo o no manejo. Cuando suceden accidentes de motocicleta, las lesiones suelen ser del tipo de lesión catastrófica, si es que no es una lesión fatal. Es necesario, cuando esto ocurre realizar un análisis legal profundo para obtener la ayuda necesaria y delimitar si es el caso el tipo de compensación que usted puede obtener, para ello es mejor optar por un despacho legal reconocido como el de nuestros amigos de Unidos Legales, para que le ayuden en el proceso legal.

Schulman Blitz, LLP settled a case for $142,500 for a woman who fell down a flight of steps that were covered with ripped and torn carpeting.  The steps were in a store near the Empire State Building.  Our client injured her arm and required surgery.  The case settled with the store’s insurance company before a lawsuit was started. Contact Blitz Law Group LLP today.