We’ve all heard of a Defensive Driving Course, but exactly what does such a course entail? Most often people enroll in said course because they received a traffic violation and have acquired a few points on their license.
By enrolling and completing a Defensive Driving Course, an individual can have up to 4 points removed off their license at a given time. If you receive a 2-point violation, the course will eradicate said points. However, you can’t “bank” the other two and have future points retro actively removed. In New York, taking a Defensive Driving Course for point reduction is allowed once every 18 months. The course does not remove the actual violation for your driving record, but it does remove the points. Having points on a driver’s license will often make insurance rates go up. Therefore, it is best to have them removed or reduced whenever possible.
Another benefit of taking a Defensive Drive Course is receiving a 10 percent discount on car insurance. Even if one has a flawless driving record, they may enroll in a Defensive Driving Course and upon completion, receive said discount.
A typical Defensive Driving Course lasts for 2 days, approximately 5 hours each day. There is no written exam. The topics that are discussed include maintaining proper speed, signaling, seat belt use, vehicle maintenance, and over all driver awareness.
So if you or someone you know received points on their license and wish to get their record “cleaned” up, taking a Defensive Driving Course is the way to go. Plus, the 10 percent discount on car insurance is always an added bonus.
To find out where courses are offered in your area, contact any local DMV and they will point you in the right direction. Also, check the web, as certain places are offering online-based courses and seminars.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Monday, August 30, 2010
Thursday, August 26, 2010
Filing for Custody in Family Court
As stated in one of my prior blogs, dealing with issues in Family Court can be very stressful and confusing. Often times when issues surrounding custody and visitation arise, parents and loved ones don’t know where to turn.
When custody issues arise, the first thing a person should do is go to the Family Court located within the county they or their children reside and file a petition for custody and visitation. This is a standard “fill in the blank” type form that can be obtained at Family Court. Simply ask the clerk and the form will be provided free of charge. The form will typically say the following at the top left hand corner:
PETITION FOR MODIFICATION OF CUSTODY OR VISITATION
Check the box that applies and fill out the requested information accordingly. Once complete, hand it to the clerk and it will be put on file with the court. You, along with the opposing parties, will receive notice in the mail of a court date. The initial court date given is identified as a “First Appearance.” At this time, the child(ren) will be assigned a Law Guardian, also known as the Attorney for the Child, who will represent their best interests.
The parties will appear on the given court date and the Law Guardian, along with the Judge, will attempt to help the parties come to some sort of amicable agreement regarding their issues. If no agreement can be made, the parties may request an adjournment to either seek counsel or they may proceed forward representing themselves. The judge will typically adjourn the matter for several weeks to allow the parties an opportunity to come to a resolution on their own. If not, the matter gets set down for trial.
As stated, custody issues can become difficult to deal with due to the inherent emotions that are associated with them. If one is not sure about their rights and how to properly proceed, they should seek out an attorney that handles these matters on a consistent basis. If one cannot afford an attorney, they can apply for assigned counsel at no charge when filling out the initial custody petition. Simply ask the clerk for the assigned counsel forms and they will provide and file them accordingly.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
When custody issues arise, the first thing a person should do is go to the Family Court located within the county they or their children reside and file a petition for custody and visitation. This is a standard “fill in the blank” type form that can be obtained at Family Court. Simply ask the clerk and the form will be provided free of charge. The form will typically say the following at the top left hand corner:
PETITION FOR MODIFICATION OF CUSTODY OR VISITATION
Check the box that applies and fill out the requested information accordingly. Once complete, hand it to the clerk and it will be put on file with the court. You, along with the opposing parties, will receive notice in the mail of a court date. The initial court date given is identified as a “First Appearance.” At this time, the child(ren) will be assigned a Law Guardian, also known as the Attorney for the Child, who will represent their best interests.
The parties will appear on the given court date and the Law Guardian, along with the Judge, will attempt to help the parties come to some sort of amicable agreement regarding their issues. If no agreement can be made, the parties may request an adjournment to either seek counsel or they may proceed forward representing themselves. The judge will typically adjourn the matter for several weeks to allow the parties an opportunity to come to a resolution on their own. If not, the matter gets set down for trial.
As stated, custody issues can become difficult to deal with due to the inherent emotions that are associated with them. If one is not sure about their rights and how to properly proceed, they should seek out an attorney that handles these matters on a consistent basis. If one cannot afford an attorney, they can apply for assigned counsel at no charge when filling out the initial custody petition. Simply ask the clerk for the assigned counsel forms and they will provide and file them accordingly.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Saturday, August 14, 2010
Eviction 101
When a landlord decides to evict a tenant for failure to pay rent, there is a strict procedure to abide by. If the tenant has not paid rent, the landlord must serve a personal demand. This demand, known as the “3 day notice,” basically tells the tenant to either pay the rent owed within the next 3 days or surrender possession of the premises. The 3 day notice can be served by the landlord him or herself and must state the amount of rent that is owed along with the period of time for which said rent is due. The rent is due within 3 business days after said service. If a landlord does not feel comfortable with serving the 3 day notice themselves, they may use a process server or anyone else that is 18 years of age or older and is deemed competent to serve. Once the 3-day notice is served, the server must sign an affidavit of service in front of a notary. This document shows proof that service actually took place and would come into play in court if the matter goes that far.
If the tenant does not pay the rent that is owed after receiving the 3-day notice, a Landlord-Tenant Proceeding can then be initiated in the court in which the property is located. In this proceeding, a Notice of Petition and Petition is to be filed. These documents need to be served upon the tenant by a third party, typically a process server.
Within the Notice of Petition, the landlord, or attorney for the landlord, must contact the court for a court date. This date is to be added on the Notice of Petition and cannot be sooner than 5 days nor later than 12 days from the date the tenant is served. Again, the landlord can fill out the forms and have them served or they may hire an attorney who would then do all the legwork for them.
The actual Petition is served along with the Notice of Petition and must state the respondent’s interest in the property, such as whether he/she is a tenant, sub-tenant, etc. The Petition also typically includes the basic terms of the lease, the monthly rent and the payment schedule. Once these documents are complete, the landlord or attorney for landlord must have the judge or clerk of the court sign them and then they may be served on the respondent (tenant). If, for example, the court date given by the court is September 15, the Notice of Petition and Petition can be served as early as September 3 and as late as September 10. All of these documents, including the previously served 3-day notice and associated affidavit, must be filed with the court in duplicate along with the filing fee. This fee can vary, but it usually around $45. The affidavit of service for the Notice of Petition and Petition must be filed with the court within 3 days after service.
If the tenant pays the rent that is owed prior to the court date, the tenant cannot be evicted at that time. If the tenant fails to appear in court or does appear in court and fails to pay the requested rent and has no viable excuse for not doing so, a judgment is entered in favor of the landlord. The judge then signs a Warrant of Eviction. The Warrant of Eviction enables the Sheriff to remove the tenant from the premises. By law, there is a 72-hour waiting period between the time the Sheriff serves the Warrant of Eviction and when the tenant can be removed from the premises.
This procedure is to be followed when a tenant fails to pay rent. If a landlord wishes to evict a tenant for a reason other than non-payment of rent, they need to serve a 30 day notice and then go from there. This procedure will be addressed in greater detail in an upcoming blog so stay tuned.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawgroup.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
If the tenant does not pay the rent that is owed after receiving the 3-day notice, a Landlord-Tenant Proceeding can then be initiated in the court in which the property is located. In this proceeding, a Notice of Petition and Petition is to be filed. These documents need to be served upon the tenant by a third party, typically a process server.
Within the Notice of Petition, the landlord, or attorney for the landlord, must contact the court for a court date. This date is to be added on the Notice of Petition and cannot be sooner than 5 days nor later than 12 days from the date the tenant is served. Again, the landlord can fill out the forms and have them served or they may hire an attorney who would then do all the legwork for them.
The actual Petition is served along with the Notice of Petition and must state the respondent’s interest in the property, such as whether he/she is a tenant, sub-tenant, etc. The Petition also typically includes the basic terms of the lease, the monthly rent and the payment schedule. Once these documents are complete, the landlord or attorney for landlord must have the judge or clerk of the court sign them and then they may be served on the respondent (tenant). If, for example, the court date given by the court is September 15, the Notice of Petition and Petition can be served as early as September 3 and as late as September 10. All of these documents, including the previously served 3-day notice and associated affidavit, must be filed with the court in duplicate along with the filing fee. This fee can vary, but it usually around $45. The affidavit of service for the Notice of Petition and Petition must be filed with the court within 3 days after service.
If the tenant pays the rent that is owed prior to the court date, the tenant cannot be evicted at that time. If the tenant fails to appear in court or does appear in court and fails to pay the requested rent and has no viable excuse for not doing so, a judgment is entered in favor of the landlord. The judge then signs a Warrant of Eviction. The Warrant of Eviction enables the Sheriff to remove the tenant from the premises. By law, there is a 72-hour waiting period between the time the Sheriff serves the Warrant of Eviction and when the tenant can be removed from the premises.
This procedure is to be followed when a tenant fails to pay rent. If a landlord wishes to evict a tenant for a reason other than non-payment of rent, they need to serve a 30 day notice and then go from there. This procedure will be addressed in greater detail in an upcoming blog so stay tuned.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawgroup.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Thursday, August 5, 2010
Getting started in Family Court
Having to go through Family Court when dealing with an issue can be an extremely difficult and stressful process. I will be doing several bogs on this topic in the future due to its enormous scope.
Matters that involve going through Family Court to bring a cause of action typically involve custody matters, issues of neglect, juvenile delinquency, persons in need of supervision (pins) and support matters.
If one has an issue that is need of Family Court intervention, the first thing they need to do is file a petition. These documents are typically “fill in the blank” so they are pretty user friendly. Simply go to the Family Court located in the county in which you or the child(ren) live in and ask for the petition you are in need of. The court clerks in Family Court are usually pretty helpful in pointing applicants in the right direction. Once you fill out the proper petition, the clerk with file it and you will then receive an appearance date in the mail.
Understandable, many individuals feel overwhelmed with this process, due to the often-emotional nature of the matter. If this is the case, it would be wise to retain an attorney who is experienced in these matters and they would file the appropriate documents for you. If an applicant qualifies, an attorney can be appointed by the county to represent your needs at no cost. To see if one qualifies, an application must be filled out upon filing of initial petition.
If one is not sure if they want to hire an attorney, or apply for one, they may represent themselves accordingly. After the initial filing, if the petitioner (or respondent) decides that they do indeed need an attorney, that person can simply appear in court, request an adjournment to seek counsel and the judge will then almost always grant such request. The retained/assigned attorney will then likely re-submit the petition that you initially filed with amendments to make it flow a little better and “dress it up” so to speak.
Once the parties meet for a first appearance, negotiations begin to take place in terms of settlement, which is key in Family Court. The ultimate goal in Family Court is for the parties to resolve their issues with as little court intervention as possible. If the parties cannot come to an amicable resolution, a pre trial conference is set up at a later date and then ultimately a trial if needed.
Stay tuned for more blogs on this topic including custody matters and issues of neglect.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.carbonelawgroup.com/
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Matters that involve going through Family Court to bring a cause of action typically involve custody matters, issues of neglect, juvenile delinquency, persons in need of supervision (pins) and support matters.
If one has an issue that is need of Family Court intervention, the first thing they need to do is file a petition. These documents are typically “fill in the blank” so they are pretty user friendly. Simply go to the Family Court located in the county in which you or the child(ren) live in and ask for the petition you are in need of. The court clerks in Family Court are usually pretty helpful in pointing applicants in the right direction. Once you fill out the proper petition, the clerk with file it and you will then receive an appearance date in the mail.
Understandable, many individuals feel overwhelmed with this process, due to the often-emotional nature of the matter. If this is the case, it would be wise to retain an attorney who is experienced in these matters and they would file the appropriate documents for you. If an applicant qualifies, an attorney can be appointed by the county to represent your needs at no cost. To see if one qualifies, an application must be filled out upon filing of initial petition.
If one is not sure if they want to hire an attorney, or apply for one, they may represent themselves accordingly. After the initial filing, if the petitioner (or respondent) decides that they do indeed need an attorney, that person can simply appear in court, request an adjournment to seek counsel and the judge will then almost always grant such request. The retained/assigned attorney will then likely re-submit the petition that you initially filed with amendments to make it flow a little better and “dress it up” so to speak.
Once the parties meet for a first appearance, negotiations begin to take place in terms of settlement, which is key in Family Court. The ultimate goal in Family Court is for the parties to resolve their issues with as little court intervention as possible. If the parties cannot come to an amicable resolution, a pre trial conference is set up at a later date and then ultimately a trial if needed.
Stay tuned for more blogs on this topic including custody matters and issues of neglect.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
http://www.carbonelawgroup.com/
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
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