Frost & KavanaughFrost & Kavanaugh2024-02-06T16:52:58Zhttps://www.frostfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1201232/2021/03/cropped-frost-directory-image-32x32.jpgOn Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528822024-02-06T16:52:58Z2024-02-06T16:52:58ZWho arrests or investigates
Often, the deciding factor that determines a case should be a federal one is what agency investigated the incidents or what professionals arrested someone. Arrest by local police departments or a state Sheriff would likely lead to State charges in many cases. However, someone arrested in investigated by a federal agency, such as the Drug Enforcement Administration (DEA) or the Securities and Exchange Commission (SEC) could very well end up facing federal prosecution.
The scope of the offense
Often, the reason that federal agencies get involved in an investigation is because of how significant the offense is. Sometimes, criminal activity may cross state lines. Drug trafficking schemes and money laundering efforts are among the offenses that may take place in multiple different states and could therefore become federal crimes. Similarly, offenses that make use of federal infrastructure, including the Postal Service, the Federal Reserve or telecommunications networks, could lead to allegations of committing a federal offense instead of a state crime.
The penalties imposed
The federal government is somewhat notorious for instituting very harsh mandatory minimum sentences even for minor drug offenses. Those accused of federal crimes often face very significant penalties because the law imposes a minimum sentence that judges must hand down. How someone serves their sentence can be very different at the federal level as well. Despite what people might anticipate, they could end up serving their sentence hundreds of miles away from home, possibly across state lines, after a conviction for a federal infraction.
The criminal process is also different in federal cases when compared with state cases. Not all defense lawyers have the necessary experience to help people properly respond to federal charges. Knowing what separates state offenses from federal ones may benefit those preparing to take a criminal case to trial.]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528782023-12-08T15:15:00Z2023-12-08T15:15:00ZWhat does implied consent mean?
Many scenarios involving police investigations require warrants or permission from an individual. The right against self-incrimination could make it very difficult for officers to investigate possible DWI offenses and hold people accountable.
Lawmakers enacted an implied consent statute to make it easier to gather evidence of drunk driving. It is a condition of someone's license to give proactive consent to future chemical testing. People agree to submit to tests when officers have reason to suspect that they are under the influence. Implied consent simply means that the decision to drive indicates that someone has already consented to necessary chemical testing.
What if someone violates this law?
Refusing to perform a breath test after an officer has grounds for a DWI arrest could lead to additional challenges. Someone who violates the New York implied consent law could face penalties for that violation and also prosecution for a DWI offense.
The first time someone violates the implied consent law, the courts can suspend their license for a year and order them to pay a $500 fine. Someone with a prior test refusal or DWI conviction would face up to 18 months without driving privileges and $750 in fines. Those penalties are in addition to the consequences of a DWI conviction.
Understanding the rules that govern law enforcement and traffic in New York may help people avoid unintentionally breaking the law. This understanding can also help to influence an individual’s defense strategy post-arrest if their situation involves exceptions to various rules.]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528762023-12-06T09:20:35Z2023-10-09T13:02:45Zhow do they address it when ending their marriage?
Splitting up marital debt
Many types of debt qualify as marital debt because the couple took on that debt while they were married. An example of this is if a couple has a joint credit card account. They will both likely be liable for any charges on that account, unless one ran up charges without the other’s knowledge and the court views the charges as so egregious that they assign the debt to one spouse. With that said, though, the credit card company can come after either spouse for repayment as long as both names are on the account.
Under “normal” circumstances, if spouses get divorced, it may be best to simply pay off any marital debt and close the affected accounts. But if that is unaffordable, spouses will have to find a way to divide that debt.
Some types of debt may be separate
Even though marital debt generally needs to be divided equitably under New York law, some debts may be classified as separate. These are debts that one person likely brought into the marriage and took out on their own.
For example, maybe a couple met in college and they had both taken out their own student loans before they even started dating. Those loans would be separate forms of debt that do not have to be divided during the divorce. But if one person went back to college during the marriage, and the couple took out student loans jointly, then they would likely have to split up the debt – even if only one person was attending college.
The process of dividing marital assets and debts can certainly get very complicated, as all financial issues can during a divorce. Couples going through this process need to know about their legal options and the steps they can take to safeguard their interests. Seeking legal guidance can help to provide necessary clarity and support.]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528682023-08-07T00:49:43Z2023-08-07T00:49:43Za few tips that can help.
Be flexible
Remember that things change. Schedules are different, and children may have a lot of activities, such as summer camps or sports camps. Be flexible to changing the schedule and putting your children first when you can.
Create routine and structure
If possible, set a schedule up in a way that creates a consistent routine. This can be very helpful for children. They enjoy the freedom of summer, of course, but they are losing some of the structure from going to school. Scheduling things out can help them know what to expect and make each day go more smoothly.
Talk in advance about trips
Many parents like to take their children on trips during the summer, such as a trip to visit their grandparents or to see a national park. It’s best to talk about these things well in advance. For one thing, this keeps both parents from planning a trip at the same time. It also ensures that they are on the same page regarding traveling with the children or changing the schedule to accommodate the trip.
Have consistent expectations
Along with consistent routines, it’s a good idea to have similar rules and expectations. No matter which parent the child is living with at the time, they should understand what is expected from them. For example, parents may want to consider having the same policies regarding curfews, electronics or summer jobs.
Getting through the summer
It is true that summer can be more difficult for co-parents, because it is a bit chaotic and more difficult to predict. As you can see, though, there are deliberate steps you can take to avoid serious issues and enjoy the summer more fully.]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528202023-06-07T12:30:02Z2023-06-07T12:30:02Zreasons why such crashes keep happening.
Phone use
Above all else, modern smartphones distract drivers. Studies suggest that for every hour that someone spends driving, they’re on their phone for an average of over a minute and a half. One of the most common issues is texting and driving, although talking and driving is also dangerous.
Technology use
It’s not just phones that are problematic, but any type of technology. For instance, using a GPS device, whether it’s on your phone or in the car, can cause you to look away from the road. A similar issue occurs when people use their phones to stream music and spend time looking for songs or playlists.
Passengers
Additionally, passengers are known to be a form of distraction, and this is especially a problem when teenagers are behind the wheel. But this can also be a particularly problematic issue for parents who are driving with their young children as passengers in the car.
Outside distractions
It’s not just things inside a car that can be a distraction. Drivers also need to consider what’s happening around them. For instance, drivers have caused accidents when looking at billboards or even gawking and rubbernecking at an accident that has already happened.
Daydreaming
Finally, it’s important to remember that distraction may occur solely in the mind. Drivers may cause accidents because they are worrying, daydreaming or simply getting lost in thought. Drivers will sometimes arrive at their destination with little memory of driving there, an indication that they may have been thinking about something else the entire time.
These are just five examples, but they show how prevalent distractive driving is. Those who have been injured as a result of a distracted driver’s choices may benefit from seeking legal guidance.]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528192023-12-06T09:20:49Z2023-04-05T18:49:55Z35 workers were killed in trench collapses – more than twice the number killed the year before. That officially makes 2022’s trench collapses deadlier than any year on OSHA’s record. The previous record, set in 2016, listed only 23 deaths.
What’s going on?
Trenching accidents are a significant safety concern in the construction industry. Trenches are often dug to install underground utilities, such as water and sewer lines, or for building foundations. One of the main reasons for the increase in trenching accidents is the growing demand for construction work. Workers are sometimes pushed to take shortcuts and skip a few safety precautions by bosses who are watching the clock (and their bottom dollar). That can lead to failures to brace a trench properly, skipped safety inspections between shifts, improper soil or heavy material storage and other issues that can cause a collapse.
The lack of proper training and supervision is another issue. Since construction is booming, companies are hiring anybody they can find that can do the job – but they may not stop to train those new employees the way that they should. Workers inadequately trained on proper trenching safety may be unaware of the potential dangers, and inexperienced workers may not recognize warning signs of a potential trench collapse or understand how to react.
Furthermore, there is a lack of awareness and compliance with trenching safety regulations. Workers may not be aware of the specific safety requirements and standards for trenching work, which can lead to non-compliance with regulations – or the assumption that everything is okay simply because nobody is stopping them from climbing in.
Finally, trenches are often dug in areas with high foot traffic, and the public may not be aware of the dangers associated with trenching work, which can also lead to accidents.
If you’ve been injured in a construction accident or your loved one was killed, you do have legal recourse. You have every right to ask for full and fair compensation for your losses so that your family can have what it needs to move forward.
]]>by Arthur Frosthttps://www.frostfirm.com/?p=2528162023-12-12T20:43:33Z2023-03-18T16:42:04Zsome felony (not necessarily the one he or she is charged with). If the DA can show that, the court “binds over” the arrested person for action by the grand jury, and transfers its file to County Court (upstate New York) or Supreme Court (New York City). That doesn’t mean that the matter will stay a felony, because the DA still has the remainder of that six month period to reduce the felony charge to a misdemeanor and return it to the local court. In fact, sometimes doing the preliminary hearing shows the DA that the case is weak and should be reduced from a felony.
Because the preliminary hearing is the defendant’s right, our philosophy is that you should never give up your preliminary hearing unless you are receiving something in return. After all, how many rights is the DA going to give up for nothing? What are some things that you can receive in exchange for giving up your preliminary hearing? The DA could agree to a certain amount of bail that the defendant knows he or she can post, thus guaranteeing released from jail. Or, the DA could agree that the sentence will be capped at a certain level if there is a plea bargain, which would be significantly lower than the defendant’s maximum exposure if convicted after trial. Those might be things that are worth giving up a preliminary hearing, but every case is different.
Of course, there are other circumstances where someone might wish to voluntarily give up their preliminary hearing. Let’s say someone is on probation or parole and gets arrested for a new felony. Typically, they will be in jail for two reasons: the new felony charge and a violation of their probation/parole. If they insist on having their preliminary hearing, instead of waiving it, the DA will typically say to the judge, “we are not moving forward with a preliminary hearing, judge. Released the accused on the felony charge.” That sounds good, until you remember that the person arrested is also being held in the jail on the probation/parole violation. In other words, they are out of jail on the felony charge, but still in jail on the violation of probation/parole. That means the arrested person will not be leaving the jail, but also will not be earning jail time credit toward the felony if there is ultimately a conviction for the felony or a lesser charge.
Preliminary hearings are an important stage in a criminal case. It is an opportunity to put a witness, often a police officer or the person accusing you of a crime, on the witness stand and cross examine them under oath to cement their testimony. It should not be given up lightly, and should be approached very seriously and with much preparation. If you’re facing a felony charge and have a preliminary hearing scheduled, give us a call at 518-283-3000.
[ninja_form id=3][ninja_form id=]]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528142023-02-09T06:51:50Z2023-02-09T06:51:50ZCrime rates are up since 2021, but that could change
The crime rate report released in December 2022 shows a 1.5% drop in overall crime rates in the fourth quarter of the year compared to the same quarter in 2021. Some of the most serious crimes experienced significant drops as well. For example, there was a 16.7% decrease in murder and a more than 8% decrease in grand larceny.
Unfortunately, the fourth quarter was a bit of a deviation from the rest of 2022, as an overall increase in crime rates occurred over the course of the year as a whole. Throughout 2022, there was a 22.4% increase in criminal activity. Thankfully, however, murder decreased by 11.3% from the previous year.
More enforcement and harsher punishments may follow
When criminal activity increases, numerous parties feel pressured to act. Police departments may worry about losing funding or having changes in management if they don't address the issue, while prosecutors may worry about their professional reputations.
Parties with an interest in keeping crime as low as possible may be more aggressive in their enforcement efforts in response to an increased crime rate. Those who have been recently arrested and who are facing charges in New York will benefit from an awareness of crime statistics and how they may affect the attitude of law enforcement professionals and court officials regarding their case.
Connecting with professional support and obtaining accurate information is very important for those facing major criminal charges in New York. Misconceptions and a lack of professional guidance too often lead to severe negative consequences.]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528122022-12-07T21:51:40Z2022-12-07T21:51:40ZYour first offense
Technically, the charge is called “Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWIAI). This just means that it applies both to alcohol intoxication and impairment from other drugs, such as medical marijuana. If you are convicted, you could face a mandatory fine that can range from $500 to $1000. The maximum jail term would be for a year. You would also face a mandatory driver’s license suspension, which would see your license revoked for a minimum of six months.
Does it get worse a second time?
As you may suspect, the ramifications get even more serious if this happens for a second time in the next 10 years. It becomes a Class E felony with a mandatory fine between $1,000 and $5,000. The maximum jail term goes up to four years. Your driver’s license will be revoked for a minimum of a single year.
Aggravated charges
One way that you could see stiffer penalties for your first DWI is if it is for aggravated driving while intoxicated. This escalates the charges and the mandatory fine goes up to a range of $1,000 to $2,500. The maximum jail term is a year and the mandatory driver’s license action lasts for a year. Under New York law, an aggravated driving while intoxicated charge will be used for someone whose BAC is at 0.18% or higher, which is more than double the standard legal limit of 0.08%.
As you work your way through this process, be sure you know what criminal defense options you have.]]>On Behalf of Frost & Kavanaughhttps://www.frostfirm.com/?p=2528102023-12-06T09:20:18Z2022-10-07T19:22:51ZEstablishing an affair or a new relationship
Having someone frequently come around your spouse or children may cause mixed signals during a divorce. There’s a fine line between an affair and a new relationship, but your soon-to-be ex, after finding out you’re dating again, may not see that.
It can be near impossible to explain that the person you’re having a new relationship with started during the divorce process – especially if you’re in a relationship with an old friend, colleague or someone you and your spouse mutually know.
Starting a new relationship so soon may put tension on your divorce if your spouse feels they need to wage a legal war, delaying the divorce and costing you many legal fees. It is often believed, under legal guidance, that dating is best done after a divorce has been finalized.
The do’s and don’ts of dating during a divorce
You shouldn’t have to feel restricted from doing everything because your divorce is still pending. You may need to your limitations:
Don’t date until your divorce is finalized, otherwise, a judge may decide you were the cause of the failed marriage.
Don’t impregnate someone during a divorce, otherwise, the divorce process may be prolonged.
Do socialize in groups, but avoid pairing off with someone
Do discuss your marital situation with anyone seeking a relationship with you
It’s only realistic to believe that when one relationship ends, another one can begin, but dating during a divorce can cause negative implications. You may need to reach out for legal help if your soon-to-be ex presents evidence that you’ve been dating during the divorce process.]]>