Friday, December 23, 2011

Christmas Laws to Live By

To me, the holiday season isn't the same without watching the classic "Christmas Vacation" over and over again until the dvd skips. I would love to decorate my house with 25,000 imported Italian twinkle lights but my wife would no doubt have a fit bigger than Raphie's mom did in the movie Christmas Story over the "Leg Lamp."

In any event, listed below are some of my laws, rules, and regulations that pertain to the holiday season. I hope said procedures are adhered to accordingly by all. Merry Christmas and Happy New Year to all!

1. "Emmet Otter's Jug Band Christmas" must be viewed at least 8 times prior to Christmas Day. Initial viewing is to be commenced upon putting up the Christmas tree.

2. On Christmas Eve, when enjoying a cocktail or 3, do not spout off about your boss. Uncle Hank and Cousin Randy may take you literally and do something rash.

3. The movie “A Christmas Story” should be watched in its entirety. However, one should resist temptation to stick their tongue on a flag pole. Do NOT purchase a Red Rider bb gun. You'll shoot your eye out! Also, be sure to drink your Ovaltine.

4. Non-consumption of those peanut butter cookies with the Hershey kiss in the middle is a serious offense.

5. Store bought eggnog is strictly prohibited.

6. A big screen TV is the gift that keeps on giving all year long.

7. Re-gifting is not a crime.

8. If your Secret Santa gives you a case of beer, it may be time to start planning some New Year’s resolutions.

9. Despite recent trends and policies, you will not be arrested if you utter the words “Merry Christmas.”

10. When in doubt, gift card it out.

Thursday, December 8, 2011

The Pantera Tragedy 7 Years Later

December 8, 2004 was a very sad day in the world of music as that was the day “Dimebag” Darrell Abbott was murdered while he was literally playing guitar on stage. For those readers that are not a fan of hard rock music, Darrell Abbot was the lead guitarist for legendary heavy metal band Pantera. The band was extremely popular during the 1990’s among heavy metal aficionados and the tragedy that struck in Columbus, Ohio in 2004 remains one of rock’s most tragic deaths.

Pantera broke up in 2003 when singer Phil Anselmo had a falling out with Darrell and his brother, fellow band mate and drummer, Vinnie Paul Abbott. The split was filled with acrimony to say the least and both Anselmo and the Abbott brothers went their separate ways and formed their own respective bands.

Upon the death of Darrell Abbott, Phil Anselmo attempted to attend the funeral of his former band mate but Vinnie Paul and Darrell’s long time girlfriend Rita Haney prevented him from doing so. They harbored great resentment toward Anselmo, as they both felt it was he who was responsible for Pantera’s breakup. Vinnie Paul further held distain for Anselmo due to alleged negative comments he made toward Darrell in the press.

Rita Haney went on the record saying that Anselmo was essentially just as responsible for the murder of Abbott as the man who actually shot him on stage. She went on to claim that if Anselmo did not force the breakup of Pantera, Darrell would not have been playing the small, dismal venue on the night of his murder. At the height of Pantera’s fame, they were playing in much larger arenas with heightened security. Upon investigation of Abbott’s death, it was revealed that the gunman acted out because he was upset about Pantera’s demise and he held Darrell responsible. It was also later determined that the gunman had severe mental issues.

In response to Rita Haney’s claims, the legal issue boils down to reasonable forseeability; more specifically, was it foreseeable that Darrell Abbott would be murdered if Anselmo had not broken up the band.

While it may be factually true that had Anselmo not left Pantera, Abbott would not have formed a new band and would not have been playing in the smaller venue on the night of his murder. However, for anyone, including Rita Haney, to hold Anselmo responsible for the actions of a mentally ill murderer is not legally plausible to say the least.

To be deemed legally responsible for certain actions, whether they are criminal or tort, the issue of foreseability comes into play. If a party acts in a way where it is reasonably foreseeable that said actions would have a negative impact upon another, that party would be deemed legally culpable.

For example, if a person drinks an abundant amount of alcohol and then drives their car home, it is reasonably foreseeable that they may cause an accident and that other people may be injured or killed as a result. In this scenario, it would be justified to hold a drunk driver responsible for the harm they cause to people they hit with their car while under the influence of alcohol. The same cannot be said regarding the actions of Phil Anselmo as they pertain to his departure from the band Pantera.

While it may be true that had Anselmo not left Pantera, Abbott would not have been playing in the smaller venue on the night if his murder. It can also be assumed that the man who shot and killed him would not have done so had Pantera stayed together as a band. However, it was not reasonably foreseeable that Darrell Abbott would have been murdered by a mentally ill fan based on Anselmo’s decision to leave the band. The actions of the crazed gunman on the night of December 8, 2004 superceded anything that Phil Anselmo did with regard to his involvement in the demise of Pantera.

When it comes to legal culpability, reasonable foreseeability is the ultimate measuring stick. Often people want to point fingers and place blame where it doesn’t legally belong. Before they do, they should take a step back and ask themselves whether or not it is reasonable, under the circumstances, to hold said person responsible.

In the case of the Pantera tragedy, both Vinne Paul Abbott and Rita Haney were understandably emotional. In the heat of the moment, they immediately lashed out at Phil Anselmo. While it may be reasonable to be upset with him on a professional level, it is absolutely unreasonable and outright wrong to hold him legally responsible for the death of Darrell Abbott.

As a fan of Pantera, I hope Anselmo and Vinnie Paul make amends, but as of this writing, it doesn’t appear it is going to happen in the foreseeable future.

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

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com

Thursday, November 24, 2011

The Laws of Black Friday

1. The laptop that is advertised at $150 is not nearly worth waiting in line at midnight for.

2. The 42 inch Flat Panel TV for $199 will be long gone prior to your arrival at your favorite local retail store.

3. Coffee up. Black Friday shopping is serious business and you will be dealing with a plethora of seasoned veterans who will stop at nothing to save a moderate amount of money.

4. Have a game plan. Make a list and check it twice. You will be eaten alive if you plan to window shop and browse. I found this out the hard way. My wounds are still healing from the Wal Mart mosh and shuffle of 2007.

5. Use the buddy system. Never enter the vicious waters on Black Friday alone. Bring your wife, friend or cousin who owes you money. Trust me, strength in numbers is essential on this post holiday extravaganza.

Happy shopping! Hope to see you at Dennys for a post shopping feast.

Marty Carbone, Attorney at Law, Carbone & Carbone LLP


Monday, November 14, 2011

Vetting a Vehicle & Traffic Attorney

Getting issued a traffic ticket can be an extremely taxing experience, both mentally and monetarily. When faced with a vehicle and traffic violation, one should seek out proper guidance from an attorney who regularly deals in this area of law. One would be surprised as to how many lawyers out there do not know the ins and outs of traffic law. It may not be one of the more glamorous areas of law, but when representing a client with a traffic infraction, the attorney should not just "phone it in" as a no brainer. There are several things to take into account before accepting a proper plea on a client's behalf.

No matter how small the violation, it is always in one's best interest to be proactive in getting their ticket handled swiftly and properly. Here are some helpful tips to consider when vetting an attorney to handle your traffic infraction:

1. Location. Make sure the attorney you choose has some familiarity with the area in which you received a ticket. Small Town and Village courts have a lot of idiosyncrasies that local attorneys are likely to know about and can better be of service to you. Also, the less travel time an attorney has to make to court, the less likely he/she is to charge.

2. Communication. Make sure that when you contact a traffic attorney, he/she is up front with you and conveys his/her advice in an articulate fashion. Most attorneys will offer a free initial phone consultation. Based off this consultation, size up what the attorney has to offer and if you establish a good rapport, this is a positive indication as to how the attorney-client relationship is likely to go.


3. Price. Be mindful that there are some attorneys out there who advertise a very low flat fee, but once you hire them, they change their tune and inflate the price to reflect your “special” or “unique” circumstances. The old saying holds true in that “You get what you pay for.” Don’t be so quick to hire an attorney solely on price, as more often than not, the lowest priced attorney is not necessarily the most competent attorney.

4. Referrals. Do an online search when hiring a traffic attorney. If someone refers an attorney by name, check them out for yourself, either by doing a google or bing search or by going directly to their website. In this day and age, most attorneys have their own website. If they don’t, that may tell you something right of the bat. By going to an attorney’s website prior to speaking with them, you will get a chance to go into the conversation already knowing something about them and when speaking to them, you can see if the information they give you “jibes” with the information that is on their site. You would be amazed as to how many attorneys don’t know that they even HAVE a website, let alone know what content about them and their services is on it.


5. Experience. Make sure that the attorney you hire to represent you in your traffic matter has actually handled cases like yours in the past. Many attorneys dabble in all sorts of areas of law and if traffic is not one they handle on a regular basis, they are not in a good position to advocate in your best interest. The attorney you choose does not have to have a legacy dating back to the 1800’s. Nor do they require “over 50 years combined experience.” More times than not, an attorney who has handled his/her fair share of vehicle and traffic cases will suffice. Just make sure that this area of law is one in which they consistently and continuously take on. You certainly don’t want to hire an attorney who has tons of experience in traffic law, but has been out of the loop for a good number of years. Like mentioned above, all City, Village, and Town courts operate a bit different and have their own way of doing things. By hiring a lawyer who is “in the know” will ultimately be of best interest to your legal needs.

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

Sunday, October 30, 2011

Every Vote Counts...Literally

With election day right around the corner I thought I would share a personal experience as it pertains to an election campaign.

One hears the phrase "Every vote counts" during times of election, but this term holds very true to myself and my family in a very literal sense.

My father and law partner, Martin A. Carbone, Sr., was the acting City Court Judge in Mechanicville, NY for 12 years before seeking the top judicial spot. Prior to his campaign in the fall of 1991, he had already served a year as the full time City Court judge, as his predecessor fell ill and could not complete the remainder of his term.

In order to successfully seek re-election, my dear old dad not only had to fight with the powers that be to finish out his current term, but he also had to change political parties in order to be endorsed and run on a major party line.

My family and I felt like it was us against the world so to speak and we went full speed ahead in my dad's quest to remain City Court judge.

To add insult to injury, my father broke his foot right at the begining of his campaign and was unable to go door to door and meet the public at large. I, who was 16 at time, took his place along with my mother. Together we canvassed the majority of the city of Mechanicville spreading the good word on behalf of my dad.

On election night, things were tense because the race for judge was a dead heat. When the night was over, it appeared that my dad had lost the election by 4 votes. However, the absentee ballots were not accounted for so we had to wait about a week to get the final results.

When all the votes were in, my father had won the election by 4 votes. The celebration was short lived, however, as his opponent challenged the validity of some of the absentee ballots in NY Supreme Court and the election was overturned in his favor by one vote.

Our family was initially devastated, but we brushed ourselves off and filed an appeal in the NY State Appellate Division. The appeal took a few months and my dad quietly lived in exile, away from the confines of his city court chambers.

I remember like it was yesterday when I was in my high school band class and a fellow class mate came up to me and said that I was wanted in the main office. I asked what the problem was and he said my father was on the phone. This struck me as odd since my father had never called me at school before. Remember, this was before cell phones, email and text.

I picked up the phone, praying that nobody died. On the other end, I hear my dad simply say "5-0." Confused, I asked him to repeat what he said. He again only said "5-0." Having not a clue what he meant, I said, "5.0 Mustang?" (they were popular at the time) He said "No, 5-0 decision in our favor."

It then hit me that he was reffering to the 5 judge panel that sat on the NY Appellate Division. To win an appeal, one needs at least 3 of the 5 judges to rule in your favor. In our case, all 5 judges ruled in my dad's favor, hence the "5-0."

I lost my mind after I realized what happened and everyone in the school office looked at me like I was nuts, but I couldn't have cared less.

As a result of the Appellate Division's decision, the election was now overturned in my father's favor when one absentee ballot was thrown out and one was reinstated. The one that was reinstated was initially rejected in Supreme Court because it was filled out in green ink. The judge who threw it out must have overlooked the fact that the law was changed in 1974 allowing absentee ballots to be filled out in ANY color ink, not just blue or black, which had been the standard prior. So with the luck of the Irish, the green ink absentee ballot put my dad one vote over the top and named him City Court judge.

The war was not quite over until April 1, 1992, when the NY Court of Appeals, the highest court in the state, refused to hear my father's opponent on appeal. It was over. It was official. On April Fool's Day, my father was officially named City Court judge of Mechanicville.

The moral of this long winded story is every vote counts. Quite literally in my father's case. One vote determined the outcome of his election. If one person who voted for my dad had instead sat back and decided that they didn't need to vote because they wouldn't make a difference, they would have been gravely mistaken. Unfortunately, this is the attitude of a lot of voters, especially when it comes to the major elections.

I experienced how every vote counts up close and personal. On election day, if anyone out there decides not to vote solely on the notion that their vote doesn't count, rest assured, it does. Who knows, your vote just might be the deciding factor. Literally.

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

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com

Friday, October 14, 2011

Steve Jobs and the Law

With the passing of the incomparable Steve Jobs, one cannot come across a tech article or blog without the mention of his name. With that being said, it is arguable that without Steve Jobs, we would have no blogs to even read. Steve Jobs without a doubt had a significant influence on countless people's lives in terms of technology.

While that may be a mere understatement, what some do not realize is that Steve Jobs in some way, shape or form changed how we as a society function in terms of business across countless platforms. Jobs made computers "cool." His intent was to implement them into our daily lives, for the average person, not for the select "computer literates" that at one time, were very few and far between.

Steve Jobs' influence has been very apparent in the legal world in recent years. The iPad, for example, has only been around for less than two years, but numerous attorneys routinely bring them into the court room, replacing voluminous files and dates books. At one time, paper calendar organizers were a staples item for any busy lawyer. Since the advent of smartphones, specifically the now iconic iPhone, even some of the most "old school" attorneys have ditched their paper planners in favor of their always up to date and synced iPhone.

Steve Job's influence in technology has also been felt in the realm of legal research. More and more law firms are ditching their trusted voluminous legal books, treatises, and journals for online materials. While Jobs did not invent the internet or computers themselves, he had and continues to have an integral impact as to how we use said resources in our everyday lives.

Steve Jobs, simply put, made computers and technology hip, cool, and fun. He made a once complicated venture user friendly and allowed the masses to enjoy what previously only those in NASA could cope and understand. Jobs paved the way for modern computer icons such as Mark Zuckerberg, Sean Parker, Shawn Fanning and Biz Stone. It is arguable that the whole social media revolution would have been brought to the forefront had it not been for Steve Jobs paving the way.

Lawyers, in my opinion, are greatly indebted to Steve Jobs for providing such devices such as the iPad and iPhone, which now serve as a "mobile office" for many attorneys working in the trenches. Steve Jobs, indirectly, did something that very few thought was possible. He made lawyers cool.

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

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com

Sunday, October 2, 2011

Getting Pulled Over

Getting pulled over by the police while driving can be a very shocking, startling, and extremely stressful experience. For most drivers, this has happened at least on one occasion and it is something that should not be taken lightly during the moment it is occurring.

Typically, a driver is pulled over by an officer of the law when they are breaking some sort of traffic law, such as speeding, running a red light or stop sign, etc. Other reasons may include suspicion of driving while intoxicated or other criminal offenses. When one views the flashing red light in their rear view mirror, it is important not to go into complete panic mode and disobey said blinking cherry.

When one is summoned to pull over, they should do so immediately. This is common sense of course, but one would be amazed on how many drivers do not do so immediately and suffer the wrath of the patrolling officer once they do indeed stop.

It is vitally important to remain in your vehicle once an officer pulls you over. In this day and age, an officer never knows who can be a danger to their person so they will be quick to defend themselves if they feel threatened by one's actions. Simply stay in your car and follow the officer's lead. They will often open the conversation with either "License and registration" or "Do you know why I pulled you over?" Your response to either of those questions should be in a respectful tone and in compliance to what they are asking. Do not refuse to offer your license and registration, even if you feel as though you have done nothing wrong. Do not aggressively argue with the officer, as this will only aggravate the situation, ultimately costing you further hardship down the road.

You may ask the officer questions, such as what you were doing wrong and so on, but do so in a respectful manner. One does not have to be meek. Simply get your questions across and then continue to follow the officer's direction. Sometimes the less you say the better, as certain things can be used against you when the officer is writing up their ticket, or tickets as the case may be. Remember, the police have heard every excuse in the book and are in no mood to listen to something they likely heard 20 times already that day.

By refusing to give your license and registration to the patrolling officer, one opens themselves up to not only traffic violations, but also criminal charges as well. An officer can charge the non-complaint driver with obstruction of governmental administration, which is a class A misdemeanor. If you catch the officer in a real bad mood, they could even compound the charges and issue a citation for disorderly conduct, failure to comply with an order, and even throw in a parking on pavement violation to add insult to injury.

So if one is ever pulled over by an officer of the law, please be sure to let cooler heads prevail and do what is asked at the time of incident. If you feel that you were targeted or charged unjustly, the time to fight the charges is after the initial stop is over. Do not try to "fight city hall" while on the side of the road. Take your time, seek counsel if necessary, and proceed accordingly. A short fuse and bad attitude can be extremely costly in the long run. Greet the officer with a smile and live to fight another day.

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

http://www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
www.lakegeorgelawyer.com