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

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Avoiding a Speeding Ticket

1. Know your surroundings. Make sure you are not driving excessively through a school or work zone. Points are assessed double in such zoned areas so be sure to stay odometer-alert when passing through.

2. Don't assume the "Within 10 Miles an Hour Rule." This mythical unwritten rule can come back to haunt those who take faith in it. Many people are under the wrongful assumption that the police will not pull a driver over if they are speeding within 10 miles over the posted limit. This is simply not the case so be careful and try to keep that needle as close as possible to what the signs say.

3. Keep your car in good working order. Make sure both headlights are functioning and that all tail and brake lights are working. Also, make sure that all windows are within the legal tint limit. Nothing infuriates a police officer more than a car with tint that is too dark and violates NY's rules against such cosmetics. Cops often look for little things such as a broken tail light and expired registration in order to issue a ticket to the poor unsuspecting driver. Be proactive and be sure to keep your car registered, inspected and in all around tip top shape.

4. Don't give a police officer attitude if they pull you over. Again, nothing makes a cop more likely to issue a ticket than a mouthy, obnoxious driver. Simply ask the officer why they pulled you over and remain calm, cool, and collected. You still may receive a ticket, but by remaining civil, the officer is less likely to issue further penalties and fines.

5. Go with the flow of traffic. Don't insist on being the rabbit of the pack. Simply remain in check with the surrounding vehicles and all will remain status quo.

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

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www.lakegeorgelawyer.com

Filing in Family Court

Dealing with a family court matter can be one of the most stressful experiences a person may face. More than any other court, family court involves all sorts of emotions stemming from a plethora of different angles. When faced with a family court issue such as custody, neglect or family offense, the first thing one must do is be aware that they themselves may file at any time within the applicable family court.

For those who are not familiar with the family court process, fear not. Most clerks at the family court level are very much aware that most people are filing for the first time and that their stress level may be at an all time high.

The family court clerk will provide you with the appropriate paperwork, free of charge and with the needed guidance that goes along with it. They can not give you legal advice, but in terms of what to fill out and how to go about doing so is what they are there for.

Most family court petitions provided by the clerk are fill in the blank style so don't worry if you are not up on your legalese. Once the applicable petition is filled out, someone from the court will notarize your signature and file accordingly. From there, a court date will be assigned to your case. If at any time after you file a petition and wish to seek legal counsel, one has every right to do so. The petitions filed can always be amended and modified so don't worry if something is filed in error.

Family court matters can be an emotional roller coaster. However, do not let the initial filing of papers hinder you in fighting for what you believe is in the beat interest of yourself and your children.

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

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www.lakegeorgelawyer.com

Making a Good Impression in Court

Top 5 Ways to Make a Good Impression in Court

1. Dress for success! Make sure you wear something appropriate for the situation. I know a lot of people are the "T-Shirt and Jeans" type, but that is not the proper attire for court. One does not have to wear a 3 piece suit, however, just something neat and professional looking. A good fail safe outfit for males would be a pair of dress pants and a shirt and tie. That look never goes out of style and it is appropriate for just about any situation. For the ladies, I am less versed in women's fashion, but something conservative is most always a safe bet.

2. Body language is key when appearing in court. Do not give the judge attitude and do not act disrespectful toward the other parties. Nothing turns a judge off more when parties start arguing with each other in open court. When addressing the judge, always end your statement with "Your Honor" or "Judge." When asked a question, answer by stating yes or no. Do not say "Yeah," Uh Huh," and other similar slang phrases.

3. Be prepared. When appearing for court, regardless of what type of matter it is, always do your homework and be ready to address the issues head on. Looking as if you are hearing the case for the first time will not only annoy the judge, but will also show the other party that you are ill prepared and not taking things seriously.

4. Show the court staff respect. Most courts have officers that assist with the overall procedure of the court. When entering the court building, litigants are often required to go through a metal detector for security purposes. Even the lawyers must abide by this. When doing so, do not roll your eyes at the officer and give him or her a hard time. Time and time again I see people arguing with the court officers because they do not want to be bothered with taking everything out of their pockets and taking off their belts, etc. By acting this way, it gives off a negative impression and will translate in the court room because you are now in a foul mood. Plus, the court officers will not show you any leeway as it pertains to who gets to see the judge first and so on. It pays to be nice to everybody, and that includes the court officers and clerks who are there to simply to their job and nothing more.

5. Communication. By communicating with the other party in a positive and productive manner, the judge will appreciate your decorum. Most court cases can be settled more efficiently if the opposing parties simply have a meeting of the minds prior to court and then put their settlement on the record. Regardless of the their differences, if parties keep the lines of communication open during negotiations, it will make way for an easier way to resolve the issues when appearing before the judge. Judges hate to have to sort through the minutia during a hearing. If the parties thoroughly communicate with the another, the judge will be able to better assess what is at the heart of the matter and will be able to adjudicate more efficiently.

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.com
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www.lakegeorgelawyer.com

Coping With a Criminal Charge

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

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www.lakegeorgelawyer.com

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

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www.lakegeorgelawyer.com

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