When faced with a criminal charge, whether it be a felony or misdemeanor, there are numerous things one should take into account before dealing with the issue head on.
First, one should know their basic rights. Everyone is familiar in some fashion with the "Miranda Rights, " which begin with "You have the right to remain silent." This statement is an extremely important one in that it gives the accused the right to not say anything that would potentially incriminate themselves in the future. More often than not, defendants are convicted not on the actual accused crime itself, but on the criminal procedure that follows thereafter. All sorts of verbose technicalities ensue during a criminal investigation and if one were to slip and say the wrong thing out of context, that statement can and will be taken at face value. This is why remaining silent during an arrest is key.
Once an official criminal charge is imposed, one of the first things a defendant should do is seek proper counsel. This may be a no brainer, but it is important that one chooses an attorney that regularly handles criminal cases. As already mentioned, criminal law and procedure has all sorts of twists and turns and only an experienced criminal defense attorney will adequately be ready for what rocky roads may lie ahead.
After a suitable attorney is chosen, be sure that the lines of communication are very open. Like with most things in life, there can be little productivity without good communication. Often legalese can get quite overwhelming, not to mention the fact that most people, including some lawyers, don't even understand half the words they are saying. It is important to ask the attorney pin point questions about your case and to reiterate any issues that are not overtly clear. One should avoid simply nodding their head in agreement to whatever the lawyer says, when in reality they have no clue as to what is going on. This approach is understandable since most people when facing a criminal charge are scared, confused and simply want to get things over with as quickly as possible. While understandable, this approach can be quite costly in terms of what charges are implemented on your behalf. Again, keep the lines of commutation between yourself and counsel open so that one does not become a victim of criminal procedure. If you are not happy with the plea offer the prosecution has put on the table, strongly communicate this to your attorney so that he/she can act accordingly. The accused always has a right to trial, so if one believes that justice is not being served, they have that option.
Ultimately when faced with a criminal charge, the key is to take an initial step back and assess your current predicament. As the saying goes, the best offense is a good defense, so take your time in planning a course of action. A good friend of mine once told me that it's always best to measure twice and cut once. Enough said.
For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com
Friday, August 26, 2011
Wednesday, August 10, 2011
Myths about Lawyers in the Media
When it comes to viewing lawyers in the media, most people have a stereotypical view. After having been exposed to TV dramas such as Law & Order, The Practice, Boston Legal, etc. the average citizen has several preconceived ideas about what a typical lawyer does while engaged in battle among the confines of court. Some may think a good attorney has to bang his or her fist in plain sight in order to show that they are adequately advocating for their client. People often think that a good lawyer always has an answer in any given situation and must always come up with some sort of wise and profound retort. Unfortunately, however, this is simply not reality and certain myths about lawyers in the media should be looked at more closely.
As the media often does, the role of the lawyer has been sensationalized just a tad over the last several decades. Don't get me wrong, most lawyers are extremely passionate when it comes to their craft. A good lawyer will always zealously advocate for their clients, but ways in which this advocacy have been depicted on the news and television unfortunately have been mistaken for the norm.
More often than not, most of the "magic" attorneys do is done behind closed doors. The public, and most times the actual client is not even privy to initial negotiations and tactics. Lawyers will usually contact opposing counsel well before they are set to appear in court and discuss matters at length, with the intention to come to some sort of mutual agreement or settlement. Once these "unsensational" negotiations take place, more often than not, matters are pretty much set and when the parties do appear in court, the "drama" is kept to a bare minimum.
From the perspective of a person who does not deal in legal matters on regular basis and gets most of their legal education form Law & Order, it would appear on its face that one attorney, or both, as it may, did not really zealously advocate for their client in a passionate manner. People often think that if an attorney doesn't say more than five words in front of a judge isn't properly doing his or her job effectively. Little do they know, however, that this "unengaged" attorney may have already put in countless hours behind the scenes negotiating with the District Attorney. Also, lawyers often "burn the midnight oil" while drafting vital court documents such as petitions, memorandums, and other pertinent motions. Filming a lawyer drafting a memorandum of law at his or her computer or doing legal research for numerous hours typically does not make for riveting television so it is usually left out.
TV also usually depicts opposing counsel battling each other as if they were Roman Gladiators set to fight to the death. Again, in reality, most lawyers have to work with each other time and time again and bridges are not always burnt on the first go around. A good lawyer does not take litigation personally when it comes to the advocacy from opposing counsel. Therefore they do not verbally bash their opponent, but rather rely on the issues and facts presented and go from there. They do not jump up on their soap box and preach sermon after sermon, day after day. In fact, if one were to go down to their local town, city, or county court and watch what goes on during a typical day, I would bet the observer would be a little bored and disillusioned with the whole process.
While watching legal dramas are often fun and interesting to watch, one should keep in mind that just like their favorite episode of Seinfeld, it is all done in the realm of fiction and in no way should be construed as "real world" lawyering. Where else but on television could Captain James T. Kirk be taken seriously as an attorney? William Shatner's character Denny Crane on Boston Legal was a silver tongue in the court room, but the majority of his actions were as real as a Klingon.
For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com
As the media often does, the role of the lawyer has been sensationalized just a tad over the last several decades. Don't get me wrong, most lawyers are extremely passionate when it comes to their craft. A good lawyer will always zealously advocate for their clients, but ways in which this advocacy have been depicted on the news and television unfortunately have been mistaken for the norm.
More often than not, most of the "magic" attorneys do is done behind closed doors. The public, and most times the actual client is not even privy to initial negotiations and tactics. Lawyers will usually contact opposing counsel well before they are set to appear in court and discuss matters at length, with the intention to come to some sort of mutual agreement or settlement. Once these "unsensational" negotiations take place, more often than not, matters are pretty much set and when the parties do appear in court, the "drama" is kept to a bare minimum.
From the perspective of a person who does not deal in legal matters on regular basis and gets most of their legal education form Law & Order, it would appear on its face that one attorney, or both, as it may, did not really zealously advocate for their client in a passionate manner. People often think that if an attorney doesn't say more than five words in front of a judge isn't properly doing his or her job effectively. Little do they know, however, that this "unengaged" attorney may have already put in countless hours behind the scenes negotiating with the District Attorney. Also, lawyers often "burn the midnight oil" while drafting vital court documents such as petitions, memorandums, and other pertinent motions. Filming a lawyer drafting a memorandum of law at his or her computer or doing legal research for numerous hours typically does not make for riveting television so it is usually left out.
TV also usually depicts opposing counsel battling each other as if they were Roman Gladiators set to fight to the death. Again, in reality, most lawyers have to work with each other time and time again and bridges are not always burnt on the first go around. A good lawyer does not take litigation personally when it comes to the advocacy from opposing counsel. Therefore they do not verbally bash their opponent, but rather rely on the issues and facts presented and go from there. They do not jump up on their soap box and preach sermon after sermon, day after day. In fact, if one were to go down to their local town, city, or county court and watch what goes on during a typical day, I would bet the observer would be a little bored and disillusioned with the whole process.
While watching legal dramas are often fun and interesting to watch, one should keep in mind that just like their favorite episode of Seinfeld, it is all done in the realm of fiction and in no way should be construed as "real world" lawyering. Where else but on television could Captain James T. Kirk be taken seriously as an attorney? William Shatner's character Denny Crane on Boston Legal was a silver tongue in the court room, but the majority of his actions were as real as a Klingon.
For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com
Wednesday, July 13, 2011
Don't Ignore a Seatbelt Ticket
Most everyone knows the slogan "click it or ticket." Getting a ticket for not wearing a seatbelt may seem like a minor infraction but could in fact come back to haunt you down the road, no pun intended.
In New York, a seatbelt infraction does not carry any points but does impose a fine. It also appears on the guilty party's driving record. By appearing on a driver's record, it can have an adverse effect when attempting to plea to a reduced charge in the future to a speeding violation or failure to obey a traffic device. These infractions carry points as well as fines.
Now here is where ignoring a seat belt ticket can come back to bite you. Let's say one is ticketed for not wearing their seatbelt and instead of attempting to show up for court and requesting a reduction in the charges, the individual simply mails in the ticket pleading guilty and pays the fine accordingly. This is all well and good, but now the seatbelt violation will show up on a driver's abstract, which is a history of that person's driving record. If the individual gets a speeding ticket in the future and attempts to plea to a reduction, such as parking on pavement, which carries no points, the ADA or local prosecutor will take a look at the abstract, see the seatbelt violation and assume that they were pulled over previously for speeding and the police officer gave them a break and issued a ticket for a seatbelt violation instead of the speed. Now keep in mind, this scenario does not always occur and in theory, prosecutors are never to "assume" anything. However, the reality is that a seatbelt violation on a driver's abstract often sends up a red flag, even though on its face it is not as serious of a violation as a speed or other type of moving violation.
When faced with a seatbelt charge, a smart thing to do is plead not guilty and request for a reduction to a charge of parking on pavement. As stated earlier, this is a non moving infraction that carries no points to one's license. More importantly, a parking on pavement charge doesn't appear on a driver's abstract. The guilty party simply pays the fine and it is never seen again. The extra time and effort will truly pay off down the road, pun now intended, if encountered with more severe charges.
For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.facebook.com/carbonelawgroup
twitter.com/carbonelaw1
www.lakegeorgelawyer.com
In New York, a seatbelt infraction does not carry any points but does impose a fine. It also appears on the guilty party's driving record. By appearing on a driver's record, it can have an adverse effect when attempting to plea to a reduced charge in the future to a speeding violation or failure to obey a traffic device. These infractions carry points as well as fines.
Now here is where ignoring a seat belt ticket can come back to bite you. Let's say one is ticketed for not wearing their seatbelt and instead of attempting to show up for court and requesting a reduction in the charges, the individual simply mails in the ticket pleading guilty and pays the fine accordingly. This is all well and good, but now the seatbelt violation will show up on a driver's abstract, which is a history of that person's driving record. If the individual gets a speeding ticket in the future and attempts to plea to a reduction, such as parking on pavement, which carries no points, the ADA or local prosecutor will take a look at the abstract, see the seatbelt violation and assume that they were pulled over previously for speeding and the police officer gave them a break and issued a ticket for a seatbelt violation instead of the speed. Now keep in mind, this scenario does not always occur and in theory, prosecutors are never to "assume" anything. However, the reality is that a seatbelt violation on a driver's abstract often sends up a red flag, even though on its face it is not as serious of a violation as a speed or other type of moving violation.
When faced with a seatbelt charge, a smart thing to do is plead not guilty and request for a reduction to a charge of parking on pavement. As stated earlier, this is a non moving infraction that carries no points to one's license. More importantly, a parking on pavement charge doesn't appear on a driver's abstract. The guilty party simply pays the fine and it is never seen again. The extra time and effort will truly pay off down the road, pun now intended, if encountered with more severe charges.
For more information or if anyone has any questions or comments, feel free to visit us at www.carbonelawyer.com.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.facebook.com/carbonelawgroup
twitter.com/carbonelaw1
www.lakegeorgelawyer.com
Wednesday, June 29, 2011
Managing Marital Property
When getting a divorce, one of the first items of business that comes up is "who gets what" in terms of martial assets. As with most issues in the wonderful world of law, it all depends.
Typically speaking, when a couple goes through a divorce, the assets, known as marital property, get divided as evenly as possible. The issue then becomes what assets are considered "marital."
A marital asset is any piece of property, including, real, personal or monetary that was acquired and cultivated throughout the course of the marriage. Examples include the marital home, vehicles, bank accounts, and other personal property such as furniture, electronics, etc.
When entering a divorce, the parties may elect to divide up the marital assets any way they so choose. If one spouse elects to let the other have everything, including the kitchen sink, they may do so. If, however, one spouse wants the other to get nothing based on allegations that one spouse earned most, if not all the money in the relationship or if they simply feel that the other spouse does not deserve a fair share of the marital assets, this is where equitable distribution comes into play. Simply because one spouse was the primary bread winner and also put forth the lion's share of effort in terms of making said assets prosper does not cut the other spouse out of his or her fair share of the martial property.
If a coupe cannot come to terms on how to adequately sort out the distribution of martial assets, the logical step would be meditation. If mediation does not lead to an agreeable solution, the parties then can file for divorce in New York Supreme Court. Here, the parties will contest their issues in front of a judge who will ultimately decide on who gets what through the trial process.
For additional articles and information on matrimonial matters, please visit www.carbonelawyer.com
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
Typically speaking, when a couple goes through a divorce, the assets, known as marital property, get divided as evenly as possible. The issue then becomes what assets are considered "marital."
A marital asset is any piece of property, including, real, personal or monetary that was acquired and cultivated throughout the course of the marriage. Examples include the marital home, vehicles, bank accounts, and other personal property such as furniture, electronics, etc.
When entering a divorce, the parties may elect to divide up the marital assets any way they so choose. If one spouse elects to let the other have everything, including the kitchen sink, they may do so. If, however, one spouse wants the other to get nothing based on allegations that one spouse earned most, if not all the money in the relationship or if they simply feel that the other spouse does not deserve a fair share of the marital assets, this is where equitable distribution comes into play. Simply because one spouse was the primary bread winner and also put forth the lion's share of effort in terms of making said assets prosper does not cut the other spouse out of his or her fair share of the martial property.
If a coupe cannot come to terms on how to adequately sort out the distribution of martial assets, the logical step would be meditation. If mediation does not lead to an agreeable solution, the parties then can file for divorce in New York Supreme Court. Here, the parties will contest their issues in front of a judge who will ultimately decide on who gets what through the trial process.
For additional articles and information on matrimonial matters, please visit www.carbonelawyer.com
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
Wednesday, June 8, 2011
Taking a Byte out of Apple
With all the heavy tech talk as of late concerning the third version of the already iconic iPad along with a 5th generation iPhone, it again looks like Apple has their work cut out for themselves, both creatively and legally.
As it stands now, electronic giant Samsung is in the midst of suing Apple over alleged patent infringement. Apple in turn threatens to counter sue over basically the same allegations.
As already discussed in one of my previous blogs, one cannot trademark an idea. They can only lay claim to their version, or unique interpretation of said idea. With the recent technological boom of smartphones and tablets, it would appear that all of said products share some similarities. In fact, many of Apple's products share components with other rival companies such as Sony and Samsung themselves.
When companies such as Apple and Samsung start engaging in legal battles over who stole from who first, it creates somewhat of a chilling effect among competitors. It also presents a "Who came first, the chicken or the egg" type scenario. Often times it is too hard to tell who originated what and more often than not, the true "originator" of an idea, such as the iPod, iPaD, Blackberry, Laptop PC, Atari 2600, etc. is a third party who is sadly left out in the cold.
With all the rapid innovation out there right now, the focus should be not on who thought of what first, but instead on how to perfect things and make them more universally proficient for world wide integration.
On a related note, I am still getting over the shock that the iPad I received for Christmas this past year is considered old and "obsolete." What will "they" think of next!
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
www.carbonelawyer.com
As it stands now, electronic giant Samsung is in the midst of suing Apple over alleged patent infringement. Apple in turn threatens to counter sue over basically the same allegations.
As already discussed in one of my previous blogs, one cannot trademark an idea. They can only lay claim to their version, or unique interpretation of said idea. With the recent technological boom of smartphones and tablets, it would appear that all of said products share some similarities. In fact, many of Apple's products share components with other rival companies such as Sony and Samsung themselves.
When companies such as Apple and Samsung start engaging in legal battles over who stole from who first, it creates somewhat of a chilling effect among competitors. It also presents a "Who came first, the chicken or the egg" type scenario. Often times it is too hard to tell who originated what and more often than not, the true "originator" of an idea, such as the iPod, iPaD, Blackberry, Laptop PC, Atari 2600, etc. is a third party who is sadly left out in the cold.
With all the rapid innovation out there right now, the focus should be not on who thought of what first, but instead on how to perfect things and make them more universally proficient for world wide integration.
On a related note, I am still getting over the shock that the iPad I received for Christmas this past year is considered old and "obsolete." What will "they" think of next!
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
www.carbonelawyer.com
Monday, May 30, 2011
Laws of Memorial Day
1. Visiting Lake George Village is a must. While there, Around the World Mini Golf is required to be played along with a quick stop at the Pink Roof for Ice Cream.
2. Clean out the old closet to make room for summer atture. Put away the fleece and sweaters. (Although knowing the weather of the Great North East, they will be back on us in no time flat!)
3. No matter rain or shine, a camp fire is a must. Marshmellows are a definite and hot dogs are strongly suggested. (Nathans are best!)
4. Put the smartphones, ipads, and lap tops away and enjoy the outdoors. Don't worry, Angry Birds will be there when you get back.
5. Take the time to give thanks and appreciation to all the great men and women in our Armed Forces. Cheer them loud and proud!
Marty Carbone, Carbone & Carbone LLP, Attorneys at Law, www.carbonelawyer.com
2. Clean out the old closet to make room for summer atture. Put away the fleece and sweaters. (Although knowing the weather of the Great North East, they will be back on us in no time flat!)
3. No matter rain or shine, a camp fire is a must. Marshmellows are a definite and hot dogs are strongly suggested. (Nathans are best!)
4. Put the smartphones, ipads, and lap tops away and enjoy the outdoors. Don't worry, Angry Birds will be there when you get back.
5. Take the time to give thanks and appreciation to all the great men and women in our Armed Forces. Cheer them loud and proud!
Marty Carbone, Carbone & Carbone LLP, Attorneys at Law, www.carbonelawyer.com
Thursday, May 12, 2011
New York's No Fault Divorce
Recently NY passed new legislation within the domestic relation law that now allows couples to divorce by reason of "no fault." This is similar to divorce by way of irreconcilable differences, which is a divorce option in other states. What this means is that neither party is holding the other responsible for the pending dissolution if the marriage.
Prior to this recent legislation, the quickest way to divorce by way of mutual agreement without holding either party at fault was to file a separation agreement and then live separate and apart for at least one year. After such time, one of the parties would file for divorce and a judgment was typically granted, as the separation agreement would merge or convert into a final divorce decree.
With New York's no fault divorce, the parties relationship must be irreparably harmed and the couple must live separate and apart for at least six month prior to filing for divorce. On its face, this option sounds quick, easy and painless but like virtually everything in life, it's not always that simple.
To be granted a divorce under No Fault, the parties must have all of their ducks in a row pertaining to marital support, child support, and division of marital assets. If there is a dispute with regard to any of these issues, the parties will need to either come to terms prior to filing for divorce under no fault or must otherwise file for divorce under a different statue and litigate their outstanding issues in Supreme Court accordingly.
So before one runs right out and files for divorce under this new legislation, make sure all outstanding issues are taken care of. If not, claiming No Fault will be Your Fault.
For more information on this topic and similar legal matters, such as matrimonial matters and family court issues, please visit www.carbonelawyer.com.
Martin A. Carbone, Esq., Carbone & Carbone LLP, Attorneys at Law
Prior to this recent legislation, the quickest way to divorce by way of mutual agreement without holding either party at fault was to file a separation agreement and then live separate and apart for at least one year. After such time, one of the parties would file for divorce and a judgment was typically granted, as the separation agreement would merge or convert into a final divorce decree.
With New York's no fault divorce, the parties relationship must be irreparably harmed and the couple must live separate and apart for at least six month prior to filing for divorce. On its face, this option sounds quick, easy and painless but like virtually everything in life, it's not always that simple.
To be granted a divorce under No Fault, the parties must have all of their ducks in a row pertaining to marital support, child support, and division of marital assets. If there is a dispute with regard to any of these issues, the parties will need to either come to terms prior to filing for divorce under no fault or must otherwise file for divorce under a different statue and litigate their outstanding issues in Supreme Court accordingly.
So before one runs right out and files for divorce under this new legislation, make sure all outstanding issues are taken care of. If not, claiming No Fault will be Your Fault.
For more information on this topic and similar legal matters, such as matrimonial matters and family court issues, please visit www.carbonelawyer.com.
Martin A. Carbone, Esq., Carbone & Carbone LLP, Attorneys at Law
Subscribe to:
Posts (Atom)
