Buffalo Criminal defendants benefit from plea bargaining by eliminating the uncertainty of a criminal trial and avoiding the maximum sentence. The prosecution also benefits by not having to prove their case and allowing them to handle more cases. The U.S. Supreme Court in Santobello v. New York noted that the disposition of charges after plea…
The U.S. Supreme Court in Montejo v. Louisiana on 5/26/09 overruled a 23-year-old decision that bars police from questioning suspects without the presence of an appointed lawyer. The court overturned Michigan v. Jackson (1986) which held that once a suspect has asserted a right to counsel, any waiver of that right during police questioning is…
These are the types of suppression hearings requested by the New York criminal defense attorneys: Mapp hearing: whether the police legally seized property from you. Huntley hearing: whether the police acted legally when and if you made a statement to them and whether the statement was voluntarily made. Wade hearing: whether the police used fair…
Buffalo, New York grand jury proceedings are secret and are not open to the public. The grand jury consists of sixteen to twenty-three people who listen to the evidence and determine whether there is enough evidence to put a criminal defendant on trial for a felony. If they decide that there is enough evidence, they…
These recent verdicts for commercial and residential landlord/tenant disputes cover a no-pets policy which violated Fair Housing laws, a landlord who destroyed an auto shop owner’s equipment, sexual harassment and assault, false claims of child abuse and a landlord who delayed development of a golf course. $3,162,900 Tenant’s 6-year-old daughter was sodomized by landlord’s teen…
If there is a swine flue pandemic, New York employers will play a key role in protecting employees’ health and safety as well as in limiting its impact on the economy and society. Employers will likely experience employee absences, changes in patterns of commerce and interrupted supply and delivery schedules. Employers can protect their employees…
Free legal information, advice and representation for unfair treatment or denial of housing based on age, sex, sexual preference, race or ethnic origin, nationality, religion, disability or marital status is available in Buffalo and Western New York from these organizations: Housing Opportunities Made Equal Inc. (HOME): Investigation & counseling for victims of housing discrimination. Paralegal…
The New York Zero Tolerance law applies to those under age 21 who operate a motor vehicle with a blood alcohol concentration (BAC) of .02% or more but not more than .07%. If you are stopped by a police officer for having consumed alcohol while driving in New York, and the officer deems that you…
The mother executed a deed transferring her home to her son. She continued to live in the home with her son until her death, during which time she paid the real property taxes. However, the deed was never recorded with the Onondaga, New York County Clerk. The public administrator of the mother’s estate commenced an…
The U.S. Department of Labor (“DOL”) has issued new regulations interpreting the Family and Medical Leave Act (“FMLA”) for military families which went into effect January 16, 2009. Exigency Leave: Employees may take up to 12 weeks for qualifying exigency leave arising from an employee’s spouse, child or parent being called up to active duty…
