Being faced with a criminal charge is without a
doubt a stressful experience, to say the least. The first thing one needs to be
aware of is that you have the right to counsel from the start. This opportunity
should be immediately taken advantage of, as time is often of the essence when
it comes to criminal charges. Seeking out the right lawyer is extremely
important and said decision should not be made in haste.
Finding an attorney who not only has vast experience in criminal law, but also
is experienced in the court and county in which you are charged. Every court
has their own specific quirks and nuances that can drastically effect your
overall outcome in your case. While researching and vetting certain attorneys,
be sure to ask them about their past experience with that particular court and
district attorney office. You most certainly do not want your attorney going
into the Lion's Den blind, so to speak.
So when faced with a criminal charge, try to side step panic with
perseverance and persistence and seek out a lawyer is well versed in not
criminal law, but also the lay of the land.
For a free consultation, call 518-283-1245 or email us at carbonelaw@nycap.rr.com.
Tuesday, December 9, 2014
Monday, January 21, 2013
Cell Phone Shenanigans While Driving
New York State is not messing around when it comes to cell phone & texting fines behind the wheel. In case you do not know and from out of state, New York State prohibits all drivers from using portable electronic devices at any time.
Illegal activity includes holding an electronic device and composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages. Viewing, taking, or transmitting images, and yes, even playing games. These actions will all cost you money in New York, if you are caught behind the wheel engaging in them.
The penalty for a violation of this law is up to $150 and also gets the gift that keeps on giving; 3 driver penalty points. It is a primary law, which means an officer may pull you over soley if you are observed using a hand held device.
The law defines the following terms as: (a) “Portable electronic device” shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
(b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.
Illegal activity includes holding an electronic device and composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages. Viewing, taking, or transmitting images, and yes, even playing games. These actions will all cost you money in New York, if you are caught behind the wheel engaging in them.
The penalty for a violation of this law is up to $150 and also gets the gift that keeps on giving; 3 driver penalty points. It is a primary law, which means an officer may pull you over soley if you are observed using a hand held device.
(b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data.
CELLPHONE USE WHILE DRIVING – New York State does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 and mandatory surcharges and fees of up to $85. For offenses committed on and after October 5, 2011, this violation also carries three driver violation points!
Marty Carbone, Carbone & Carbone LLP, Attorneys at Law
Twitter: @carbonelaw1
Monday, December 24, 2012
Christmas Laws to Live By
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.
8. If your Secret Santa gives you a case of beer, it may be time to start planning some New Year’s resolutions.
10. When in doubt, gift card it out.
Marty Carbone, Carbone & Carbone LLP
www.carbonelawyer.com
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.
Marty Carbone, Carbone & Carbone LLP
www.carbonelawyer.com
Remembering Darrell Abbott
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.
Marty Carbone, Carbone & Carbone LLP
Tuesday, November 13, 2012
Preparation Prior to Prosecution
Filing a law suit should never be done without first
carefully considering several factors. First and foremost, one must be certain
that their issue indeed requires legal action. More often than not, issues between
parties can be resolved without taking official legal action. Only when parties
cannot work things out amicably should a law suit be considered.
If an amicable agreement cannot be reached, a person must
then make the important decision as to how to proceed with resolving their
legal conflict. The first thing one should consider is whether or not they have
standing to bring about a cause of action. To have standing, one must have a
“stake” in the matter at hand. If, for example, a person is hit by a car and
the other party is not willing to take responsibility for their negligent
actions, the injured party would have standing to bring a cause of action in
court. However, if the injured person’s friend who was not involved in the
accident wishes to sue on their behalf, they would have no “legal stake” in the
action and therefore no legal standing.
Once standing on a given matter is established, one should
consider whether they are going to represent themselves or hire an attorney. In
certain circumstances, one can apply for a public defender at no charge if they
financially qualify. However, assigned counsel typically applies only for
criminal and family court matters. If you choose to represent yourself in a
legal matter, you are considered pro se.
Next, the proper venue needs to be established in order to
go forward. A party needs to determine
whether their matter falls in the realm of small claims or perhaps county
court. In New York, the maximum amount allowed to litigate in Small Claims
court is $5,000. If your legal issue involves a monetary amount that is higher
than $5,000, the proper venue to bring a cause of action is County Court. Also,
the initiating party must consider that they must bring the action in the
county in which the defendant resides or does business.
If one feels as though they have a personal injury claim,
they again should be sure that they in fact have standing to sue and that a
valid claim actually exists. In today's society we are riddled with all sorts
of frivolous law suits. Said law suits often waste valuable time and money and
ultimately cause more harm in the long run. Personal injury law is a very
specific and specialized area of law. If one feels as though they have a lawful
claim against another party, it is recommended that they consult with an
attorney that is well versed in this area of law.
Another area of law that is a "hot bed" for
litigation is family law. This is a very emotional area of law since it
involves children, custody, and other domestic issues. Here, when a dispute
arises between rival parents or family members, people often "fly off the
handle" and are quick to march down to their local Family Court and file a
petition. With Family Court, it is relatively easy for a person not familiar with
legal procedure to file a petition for a cause of action because the forms are
readily available at the court clerk counter and are "fill in the
blank" format. Here, once a petition is filed, it is processed and the
case is put on the court calendar. A Law Guardian, also known as Attorney for
the Child(ren) is then automatically assigned to the case by the presiding
family court judge. The Law Guardian, by law, must personally meet with the
children prior to the case to assess the situation and ultimately look out for
their best interests. Since a family court action is not taken lightly in the
eyes of the law and because it is multi faceted to say the least, it is highly
advised that litigants work their problems out amicably prior to filing said
cause of action. Mediation is also an avenue people can go down if they cannot
work things out themselves. This process is a bit less strenuous on the
children and the parties in general.
People also need to consider whether or not the issue to be
litigated is actually worth the time and effort. For example, if someone owes
you $100 and you go out and spend $500 on legal representation, it does not
make much sense to pursue the issue in this fashion. Perhaps a better forum
would be to attempt to work out the problem outside of court or maybe “let it
go” all together.
Martin A. Carbone, Esq.
Carbone & Carbone LLP
Monday, October 22, 2012
Be Proactive in Dealing with a Traffic Ticket
A lot of people when they get a traffic ticket put it on the
back burner and do not treat it very seriously. They do this of course until
the court date rolls around and then panic often sets in. At this point, an
individual often debates whether or not to simply “mail it in” and plead guilty
or instead obtain an attorney and hope to plead to a lesser charge.
While it may be easier and more convenient to sign the back
of the ticket, mail it in to the “powers that be” and be done with it, this is
almost always not the best choice. By blindly pleading guilty to a traffic
ticket, an individual risks points being placed on their license and an
increase in insurance premiums often go hand and hand. This can further be of
consequence to those who are prone to getting stopped for speeding. The more
points a person has on their license, the less likely of a chance they may have
in successfully negotiating a plea to a reduced charge.
This is all common sense of course, which is why it should
be a no brainer to hire an attorney when getting a traffic ticket. The cost in
legal fees will be far less than the increase in insurance rates if a ticket is
ignored or a blind plea of guilty is entered.
A lot of times, people plead guilty not knowing of the
consequences to only later find out that they now have numerous points on their
license. They then tend to seek legal counsel to try to remedy the situation.
At this point, an attorney can file what is known as a Coram Nobis, which is a
request to the court to review its own judgment. This is an up hill battle to
say the least and it can be expensive in terms of legal fees.
In short, when a person gets a traffic ticket, whether it be
for speeding or running a red light or stop sign, it is wise to seek legal
counsel right away in order to avoid unnecessary points on ones license and
increased insurance premiums. To avoid financial burden and overall stress, be
sure to think again before you crumple up that traffic ticket.
Martin A. Carbone, Esq.
Carbone & Carbone LLP
www.carbonelawyer.com
www.lakegeorgelawyer.com
Monday, September 17, 2012
Tech Today, Law Tomorrow
Just about everyone nowadays has a cell phone. More
specifically, most have "smart phones" such as an iphone, Droid, or
Blackberry. With these recent “can't live without” pieces of technology comes
the ability to communicate in numerous forms with virtually anyone, anywhere,
at any time. Because of this recent technological trend, people are more prone
to open themselves up to a greater degree of liability as it pertains to their
communications. In other words, we as a society need to really watch what we
say within the realm of texts, emails, and social networking sites as said
communication could be held against us in a court of law.
Practically everyone, including their mothers (and
grandmothers) are on Facebook. Facebook is currently the holy grail of the
social networking sites and people post everything on there from how tired they
are to how much they enjoy chocolate. Due to its public nature, people don't
often realize that when they post their dirty laundry on other peoples
"wall," said communication can be taken and interpreted out of
context. When parties, such as bickering spouses enter litigation in Family
Court, these prior communications can come into play and may prove to be at the
detriment of the deponent. More often than not, what people post on sites such
as Twitter, Facebook, and MySpace is meant to be taken in jest. However, on its
face, the posts could be interpreted differently and the deponent often has an
uphill battle in demonstrating the appropriate context in which it was meant to
be taken.
Within the last few years, the concept of text messaging has
really become popular within the world of communications, so much so that
people often text one another when they are in the same room! This is another
area where the information provided within the confines of a text could be
drastically misleading and misinterpreted. If one goes through the right
channels, a transcript of text chats can be obtained and are often submitted in
court as evidence during trial. These types of transcripts do not always hold
up under scrutiny, but one should be careful when posting on Facebook and
similar sites in order to avoid such hassle.
So the next time you text a friend, co-worker, or family
member, be sure that it is appropriate and within the boundaries of the law.
Some texts can come back to haunt you. Just ask Brett Favre and Tiger Woods.
Subscribe to:
Posts (Atom)