Passalacqua & Associates

Winning Peace of Mind For New York

The loss of a loved one is a family’s most complex and challenging time. When tragedy strikes, you find that circumstances may have changed instantly. The person who was once the primary support of the entire family may be gone. It is stressful and terrifying. You need the calm and steady guidance of a knowledgeable and compassionate team of legal minds to guide you through the complex process of New York’s wrongful death laws.

At Passalacqua & Associates LLC, our personal injury lawyers understand the stress and trauma your family is facing. We will stand by your side every step, advocating firmly for you with doctors’ offices, insurance companies, claims adjustors, law enforcement, and others. We aren’t merely your attorneys but your partners on this journey. Call us for a free case evaluation at 315-277-3548.

How Are Construction Site Claims Different from Other Wrongful Death Claims?

Construction sites are generally more dangerous than outdoor work sites due to the high amount of heavy machinery and equipment present. The injuries and accidents that occur at these sites are often some of the most serious and life-threatening. Unfortunately, we live in a time in which unscrupulous employers will attempt to cut corners by using outdated or defective machinery, not caring for the well-being of their workforce.

Suppose your family has suffered the loss of a loved one through a construction site accident. In that case, it is advised that you seek the services of an empathetic and knowledgeable construction site lawyer who can guide you through the intricacies of filing a wrongful death claim and a workman’s compensation so that your family might receive the full benefits due you. Workman’s compensation will cover non-economic damages for the pain and suffering your family has endured from the trauma of your loss.

What is Negligence?

The standard rule of thumb for legally defining negligence is to determine if an individual failed to behave in a manner that a reasonable person would have undertaken in the same circumstances. It must also be evident that the individual’s actions or lack thereof caused harm because they had a responsibility to act, otherwise known as a duty of care.

Five essential elements are required to prove negligence in a court of law. They are as follows:

• The reality of a legal duty of care that the defendant owed to the plaintiff
• The defendant breached that duty
• Harm was done to the plaintiff
• The defendant’s actions are the cause of the harm
• The defendant’s actions are the cause-in-fact of harm to the plaintiff

What is Duty of Care?

As a general rule, people have entered into a contract as part of society stating that they will act in a way that will not harm others. When a jury is asked to consider duty of care as a legal element of negligence, they are asked to consider whether the defendant’s actions were reasonable.

The argument then becomes what is the definition of “reasonable” as that is a subjective term. There are some guidelines juries are asked to consider. For example:

• Was the defendant involved in creating the risk that resulted in the plaintiff’s harm?
• Did the defendant know beforehand that their conduct would cause harm to the plaintiff, and if they are claiming ignorance, should they have known

Some types of businesses create duties of care simply by existing. These are relationships between business owners and customers, innkeepers and guests, landlords and tenants, and doctors and patients.

How Are Wrongful Death Claims Filed?

Each case is unique and can always take a turn somewhere along the process. The process is as follows:

• Identify Responsibility
• Send Notification of Claim
• Gather Evidence to prove negligence. Evidence can include things like police reports, witness statements, medical records, expert opinions, videos, photos, or other documents that explain how or why your loved one died.
• Make Demand for Compensation
• Negotiate Settlement Amount
• Sign the Settlement Agreement

What Compensation Might Be Available for My Family’s Loss?

Every case is unique, and it is impossible to guess what compensation may be awarded beforehand. As a very general rule of thumb, some types of compensation are:

• Economic Damages- Economic damages are intended to atone the surviving family for the material losses of their loved one. Material losses include things such as your deceased loved one’s income, benefits, and services to the family
• Non-Economic Damages—While the loss of things such as wages is significant, recognizing the intangible losses in wrongful death cases is often more critical. Non-economic damages may be awarded to recoup for the loss of care, companionship, love, and guidance the deceased provided their loved ones
• Punitive Damages- In some instances, these financial penalties are distributed in addition to economic and non-economic damages. The purpose is not to compensate the survivors but is intended to punish the violator for particularly reckless conduct. Punitive damages are not feasible in all wrongful death cases. Your wrongful death attorney can discuss this option with you in more detail.

When Should I Contact a Wrongful Death Attorney?

The loss of a loved one is devastating and overwhelming. When another person’s negligence compounds that loss, you must obtain compassionate, trusted, and experienced legal counsel as quickly as possible. Passalacqua & Associates LLC understands your trauma, and we will be a staunch advocate for you. Call 315-277-3548 for a free consultation.

What Should I Do If I Am Charged With a Misdemeanor?

Your life has been irreversibly changed if you have been charged with a misdemeanor. What might have been a momentary decision has set off a chain reaction of frightening, confusing, and uncertain events. Many assume that because misdemeanor charges are not felonies, they are not to be taken seriously, which is a mistake. Misdemeanor charges on your criminal record will haunt you for the rest of your life. It can affect your ability to obtain the job you want, strain relationships, and, if mismanaged, cost you financially.

In New York, you have options. Passalacqua & Associates LLC knows how the system works. We have a track record of success and understand the upheaval you and your loved ones are facing. A criminal conviction impacts you and your entire family emotionally and financially. It is our job to mitigate those damages. Let our compassionate and knowledgeable criminal defense lawyers be there to help you as you tread this path. Your future is worth fighting for. Call Passalacqua & Associates LLC for a free consultation. 315-277-3548.

Are There Different Classes of Misdemeanor Charges in New York Law?

There are three classes of misdemeanor charges in the New York penal code:

• Class A: Punishable with a maximum of 1 year in jail or 3 years probation and a fine of $1,000
• Class B: Punishable with a maximum of 3 months in jail, 1 year probation, and $500 fine
• Unclassified: An unclassified offense is any offense that is not defined by the penal code and may be punished by a jail sentence of at least 15 days but not more than 1 year

What Types of Crimes Are Considered Misdemeanors?

Many different crimes fall under the umbrella of misdemeanor charges. Remember that these charges are serious; if you are charged repeatedly, they will be bumped into felony charges. It is imperative that you take every charge seriously.
Some examples of misdemeanor crimes are:

Class A

• Creating graffiti with prior permission of the property owner
• Accessing a computer network without authorization, known colloquially as “hacking”
• Theft of less than $1,000
• Petty theft- including shoplifting
• 3rd-degree assault
• 4th-degree criminal possession of a weapon

Class B

• Public lewdness
• Selling fireworks without a permit
• Loitering with the intent to do illegal drugs
• 5th-degree marijuana possession
• 1st-degree prostitution

Unclassified

• Driving with a suspended license
• Reckless driving
• Driving while intoxicated

How Can a Criminal Defense Attorney Help Me with My Misdemeanor Charge?

Misdemeanor charges have a lasting impact on your criminal record. Under New York state law, they cannot be expunged. So once you are convicted, they are part of your life. The impact is real. These records can be accessed by potential employers, landlords, licensing boards, and educational institutions. If you apply for a loan and someone runs a credit check, they can also find your criminal records. A robust criminal defense team is essential to ensuring your reputation stays intact.

There are many ways that a defense attorney can help you. One of the most challenging aspects of a criminal defense case is navigating the complex New York legal system. It is tricky, and without the guidance of a knowledgeable team that understands the system’s quirks, twists, and turns, it is easy to get lost.

Many people facing criminal charges mistakenly believe that the cost of hiring a criminal defense attorney is prohibitive and not worth it when they can easily defend themselves. Building a robust defense against criminal charges takes a savvy team of legal professionals. A strong criminal defense lawyer can:

• File all appropriate paperwork on time and in the proper jurisdiction
• Find and interview witnesses.
• Investigate witnesses and their statements.
• Scrutinize police actions and behavior.
• Develop strategies suited to your case.
• Custom tailor a legal resolution.
• Assess plea offers and potential trial outcomes.
• Serve as a buffer between you and the prosecution team.
• Guide you seamlessly through every step of the process.

Are There Alternatives to Jail Sentences for Misdemeanors?

New York State is working on reducing its jail population by expanding access to:

• Mental health care
• Substance abuse treatment
• Vocational education and support
• Trauma-informed counseling

These services are being offered to individuals with open criminal cases. These programs are often referred to as Alternative to Incarceration (ATI) programs. According to the Mayor’s Office of Criminal Justice, since the ATI programs have been in effect, the number of people who went to jail has decreased by 29%.

A dedicated and knowledgeable legal team will be able to advocate for you and determine if you are eligible to participate in any of these programs and fight for your rights. At Passalcqua & Associates, LLC, we are on your side. We fight for you.

When Should I Call A Criminal Defense Attorney?

Facing misdemeanor charges is a frightening prospect. The ramifications of a conviction can be life-changing. A conviction will affect your finances, the well-being of your family, and those who love and care for you.

The best way to mitigate the damage is to employ the services of a skilled and knowledgeable criminal defense attorney on your side from day one. Passalacqua & Associates LLC believes in providing clients with a robust legal defense. We build personal relationships with our clients and provide constant compassionate support throughout the legal process.

Your future is worth fighting for. Everyone makes errors, and everyone deserves a chance to make it right. Be proactive; take the first step. Call Passalacqua & Associates LLC for a detailed case evaluation at 315-277-3548

What is Product Liability?>

Product Liability comes in different forms and varies widely from case to case. So, it is imperative to clearly understand the various types of liability you might encounter as a consumer. All of these are complex and require the assistance of a skilled and knowledgeable legal team like the team at Passalacqua & Associates to stand up for your rights.

Some common examples are:

• Dangerous drugs or medications- Drugs that are prescribed for medical treatments are the leading cause of allergic reactions in hospitals and clinics. While it is the patient’s responsibility to report any allergies to the medical staff, negligence occurs when the doctor fails to read the chart correctly or if the nursing staff fails to notate the allergies properly, causing the doctors to prescribe the drugs or order dosages at higher than the recommended dosages.
• Faulty Medical Devices- Sometimes, people are harmed or injured by products that manufacturers knew or should have known posed a risk. This opens the door for any number of parties to be held responsible. It depends upon the jurisdiction in which the liability case is filed to determine who is responsible.
• Faulty Equipment or Machinery—Several groups might be liable for faulty equipment or machinery injuries, ranging from manufacturers/retailers to wholesalers. Deciding who is responsible depends on who was involved in the defective equipment’s distribution chain. In other words, who allowed it to be sent out to the masses where people could be harmed by its use?
• Illness or Poisoning from Food Products- No one wants to think about our food being unsafe, but sometimes it happens. When it does, our team can help you get the compensation you deserve.
• Seatbelts, Airbags, and Other Car Parts- If you have been seriously injured in a car accident due to the failure of the safety equipment in the vehicle, you will be owed compensation beyond that which the insurance company is initially offering. Our firm will fight for your rights. Get the Justice you deserve. Call 315-277-3548 for a free strategy session.

What Are the Three Paths to a Product Liability Lawsuit?

There are typically three pathways to filing a product liability lawsuit. To pursue a product liability case successfully, you need the assistance of a robust legal team. A successful plaintiff will use at least one of the following elements in building their case:

Negligence

To prove negligence on the part of a manufacturer or seller, you must prove that:

• The defendant broke the law.
• The law was designed to protect a particular class of people, and the plaintiff is in that class.
• The plaintiff was injured.

In some circumstances, if the plaintiff’s negligent behavior caused or significantly contributed to their injury, they may not be entitled to any damages, or if they are, the amount will be reduced considerably.

Strict Liability

Strict liability is relatively controversial. It is pretty black and white. It holds manufacturers responsible as long as the plaintiff can prove that the product harmed them. Whether or not the manufacturer intended such harm to occur doesn’t matter.

Breach of Warranty Fitness

A breach of warranty fitness can also be considered a breach of contract. This means that the product didn’t work as advertised. There are a few different ways this might happen.

• Express warranty-
  1. A commercial explaining the product
  2. Verbal promises
  3. In-store signs
  4. Paperwork accompanying the item

Implied Warranty of Merchantability

This unwritten warranty implies the product is free of defects and safe to use. Suppose you are injured due to the use of a defective product. In that case, you can file a lawsuit not only specific to the defect but also for violating the implied warranty of merchantability.

Implied Warranty of Fitness

This liability exists when a seller is aware that the product they are selling to a consumer for a specific purpose is not the purpose that the product was intended for. An example might be a heart medication sold as a diet supplement because the manufacturer discovered that consumers experienced weight loss. This opens consumers up to risks for which they are not prepared.

How Do I File a Liability Claim?

There are a few critical steps to take when filing a product liability lawsuit in New York. The most crucial thing to do if you suffer an injury or illness due to a faulty product to recover the damages due to you is to seek medical treatment immediately. You must explain in detail what happened and be sure to ask for a full copy of the medical report of all your visits and any imaging you undergo for your medical files. Establishing that you sought immediate medical care will strengthen your claim.

By being proactive and knowledgeable, you can ensure you receive the compensation you deserve if you have suffered harm due to a defective product. Remember, taking action is the first step towards holding manufacturers and distributors responsible for their negligence. Take Charge.

At Passalacqua & Associates, we put the power back in your hands. You’ll have the guidance and help of a compassionate and skilled legal team, and we fight for you from day one. We understand the stress and inconvenience that can come with this fight, and we are committed to helping you navigate the legal process. Our team is devoted to advocating for your rights and seeking the compensation you deserve. We will work diligently to protect your interests. The power is yours.

Contact us today to book a free strategy session. Call 315-277-3548.

A felony conviction can be a life-altering event, with repercussions that extend far beyond the legal consequences. One of the most significant areas of impact is employment. Whether you are convicted of a felony or simply charged, your future job prospects can be influenced dramatically. Employers often view criminal history as a sign of unreliability or risk, which can make it difficult to find work, keep jobs, or advance in your career.

Understanding Felony Convictions

Felonies are serious crimes, often involving violence, substantial financial harm, or other offenses considered to be severe by law. Convictions range from theft and drug-related offenses to violent crimes like assault and murder. Because felonies are more severe than misdemeanors, the consequences for those convicted are much more significant.

Felony Stigma

Felony convictions typically result in long-term prison sentences, hefty fines, or both. The stigma associated with these offenses can follow someone for a lifetime, especially in terms of employment opportunities. Many states have different laws governing the implications of felony convictions, but generally, the long-term effects on employment remain similarly harsh across the board.

Challenges in Finding Employment

Once an individual has been convicted of a felony, they may find it exceedingly difficult to reenter the workforce. Many employers conduct background checks as part of the hiring process, which means that your criminal record is likely to be discovered. Employers may see a felony as a red flag, indicating that the person may not be trustworthy or capable of adhering to the rules of the workplace.

Licensing and Certification Barriers

In addition to private employers, many professions require licensure or certification from the state or a governing body. Felony convictions often disqualify individuals from obtaining these necessary credentials. Professions like nursing, law, education, and even cosmetology may have rules prohibiting felons from practicing.

Some states have more lenient laws regarding licensing, but others have stringent requirements that make it nearly impossible for someone with a felony to obtain certification in their desired field: even if you are qualified for a job, your conviction may prevent you from working in that field legally.

Long-Term Economic Consequences

Even if you are fortunate enough to find employment after a felony conviction, the long-term economic impact can still be significant. Felons tend to earn less than their non-convicted counterparts, often because they are limited to lower-paying jobs or are excluded from career paths requiring higher education or specialized training.

Employment Discrimination and Felony Convictions

It is essential to recognize that while employers may be hesitant to hire individuals with felony convictions, they must comply with anti-discrimination laws. The Equal Employment Opportunity Commission (EEOC) provides guidelines to ensure that criminal history is not used unfairly to discriminate against applicants.

For instance, employers must take into account the nature of the offense, the time that has passed since the conviction, and whether the conviction is relevant to the job in question. While these protections exist, it can still be challenging for someone with a felony record to prove that they were denied employment due to discrimination rather than their criminal background.

Career Advancement

The stigma of a felony conviction can also prevent someone from advancing within a company, making it difficult to climb the corporate ladder. Employers may hesitate to promote someone with a criminal record, fearing backlash from clients or other employees. In addition to lower wages, felons may face challenges in securing loans, housing, and other financial services, further hindering their ability to achieve economic stability.

The Poverty Cycle

The inability to find meaningful employment often leads to a cycle of poverty and recidivism. When felons are unable to secure jobs that pay a livable wage, they may feel forced to return to illegal activities or other high-risk behaviors. This cycle perpetuates the difficulty of reintegrating into society and makes it harder for convicted individuals to move forward.

Steps to Overcome Employment Barriers

Despite the significant obstacles, there are ways for individuals with felony convictions to improve their chances of finding employment. Many states offer reentry programs designed to help convicted individuals develop job skills, build resumes, and find supportive employers.

Additionally, obtaining an expungement or pardon can sometimes help clear your record, although this process is often lengthy and not available for all offenses. Networking can also help one find employment after a felony conviction, as many employers are more likely to take a chance on someone who comes with a recommendation from a trusted source.

Education and Skill Development

One of the most effective ways to overcome the barriers posed by a felony conviction is by continuing your education or developing specialized skills. Vocational training, certifications, or even completing a college degree can demonstrate to employers that you are committed to improving your future.

Having in-demand skills can also make you a more attractive candidate, regardless of your past. Some programs even work specifically with ex-offenders to help them transition into stable careers, providing both education and job placement services.

Call Passalacqua & Associates, LLC Today

A felony conviction has consequences for future employment, affecting everything from job opportunities to wages and career advancement. While some legal protections and programs exist to help convicted individuals reenter the workforce, the road is still challenging.

However, by seeking legal guidance, utilizing reentry programs, focusing on skill development, and understanding your legal rights, it is possible to find meaningful employment and begin to rebuild your life.

Don’t try to navigate your conviction alone: call Passalacqua & Associates, LLC today at 315-277-3548 to set up a time to meet with us about your unique case and make a plan to make the best of your situation.

Being accused of theft can be a life-altering experience, especially for those facing charges for the first time. The stigma, stress, and uncertainty can overwhelm even the most composed individuals. If you or someone you know has been charged with theft as a first-time offender, it’s important to remember that there are legal options and defense strategies available to navigate through this situation.

The Importance of Legal Representation

If you’re a first-time offender facing theft charges, the most critical decision you can make is hiring a knowledgeable attorney. A skilled criminal defense lawyer understands the intricacies of theft law and can help you explore the full range of legal options available to you. For many first-time offenders, it’s possible to avoid a conviction or jail time entirely.

Your lawyer will be able to evaluate the evidence against you, identify weaknesses in the prosecution’s case, and negotiate with the prosecutor on your behalf. Many first-time offenders are eligible for alternative sentencing options that keep their records clean and allow them to move forward without a conviction following them for life.

Plea Bargaining

Plea bargaining is one of the most common strategies used in theft cases. It involves negotiating with the prosecutor to reduce the charges or minimize the penalties. This is particularly important for first-time offenders because prosecutors are often more willing to offer leniency if the defendant has no prior criminal record.

Defenses for First-Time Offenders

While many theft cases result in plea agreements, that doesn’t mean you don’t have a right to a full defense. Several legal defenses can help first-time offenders fight the charges against them. Your lawyer will consider the circumstances of the incident and the evidence to determine the best defense strategy for your case.

Lack of Intent

One of the most common defenses against theft charges is the argument that there was no intent to commit a crime. For a theft charge to stick, the prosecution must prove that you intended to steal the item or property. In some cases, a person might take something by accident or with the assumption that they had permission to do so. If your lawyer can demonstrate that you did not have the intent to steal, the charges may be dismissed.

Mistaken Identity

In some cases, especially those involving shoplifting or other public thefts, mistaken identity may be a viable defense. Theft often occurs in crowded spaces where multiple individuals could be present, and witnesses or security personnel might misidentify the suspect. Video footage or eyewitness testimony could be unreliable, and if there’s any doubt about whether you were the person who committed the theft, your lawyer could argue for dismissal of the charges.

Duress or Coercion

Another potential defense is the argument that you committed the theft under duress or coercion. This means that someone else forced or threatened you to take the property, and you were not acting of your own free will. For example, if someone threatened to harm you or your family if you didn’t steal something for them, this could serve as a valid legal defense.

Alternative Sentencing Options for First-Time Offenders

In many states, first-time offenders accused of theft have access to alternative sentencing programs that can keep their records clean and help them avoid jail time. These programs are designed to give individuals a second chance, especially for non-violent, low-level crimes like petty theft. If you qualify for one of these programs, you may be able to have your charges reduced or even dismissed after successfully completing the program’s requirements.

Diversion Programs

Diversion programs are an excellent option for first-time offenders. These programs usually involve completing community service, attending counseling or educational programs, and sometimes paying restitution to the victim. Once you fulfill the program’s conditions, the charges are typically dropped, and you avoid a conviction on your record. Diversion programs are often available for those charged with petty theft or similar low-level crimes, but eligibility varies depending on the jurisdiction and the specific facts of the case.

Probation

Probation is another alternative to incarceration for first-time offenders. Instead of serving time in jail, you would be placed on probation, which involves meeting regularly with a probation officer and adhering to specific conditions set by the court.

These conditions could include maintaining employment, attending theft prevention classes, or staying away from certain places or individuals. As long as you comply with the terms of your probation, you can avoid jail time and ultimately complete your sentence without significant disruptions to your life.

Expungement: Clearing Your Record

Even if you plead guilty or are convicted of theft as a first-time offender, you may still be able to have the conviction expunged from your record. Expungement is a legal process that allows individuals to clear their criminal record, essentially erasing the conviction in the eyes of the law.

Expungement can be a crucial step in moving forward after a theft charge, as it allows you to apply for jobs, housing, and other opportunities without having to disclose your criminal history. The requirements for expungement vary by state, but many first-time offenders are eligible after completing their sentence and staying out of legal trouble for a certain period.

Consult with Experienced Lawyers

Facing theft charges as a first-time offender can be a daunting and stressful experience, but it’s important to remember that you have options. With the right legal representation, you can explore various defense strategies and alternative sentencing programs that may help you avoid jail time and keep your record clean. To set up a time to meet with our team about your case, call Passalacqua & Associates, LLC today at 315-277-3548.

Dog bite incidents are more common than many realize, and they can lead to severe injuries, emotional distress, and expensive medical bills. If a dog has bitten you or someone you know, it’s essential to take the right legal steps to protect your health and your rights.

Immediate Steps After a Dog Bite

The first thing to do after a dog bite is to prioritize your health. Even if the wound seems minor, it’s crucial to seek medical attention as quickly as possible.

Seek Medical Attention

Dog bites need urgent attention, as they can lead to infections due to the bacteria present in a dog’s mouth. Rabies is also a concern, although rare, and a healthcare provider can assess the risk of this and other infections. A medical professional will clean the wound, recommend antibiotics if necessary, and document your injuries.

Identify the Dog and Its Owner

Once your immediate medical needs are addressed, you need to identify the dog that bit you and its owner. If the owner is present, ask for their contact information and inquire about the dog’s vaccination history, especially for rabies. This information is critical not just for your health but also for any legal claim that might follow. If the owner is not present, try to get details from witnesses or other bystanders who may recognize the dog. Take photos of the dog if possible, as this can help identify it later.

Reporting the Dog Bite

It’s vital to report the bite to local authorities, such as animal control. This step not only helps to ensure that the dog will be properly evaluated for rabies and other health risks, but it also creates an official record of the incident. This report may be essential if you decide to pursue a legal claim later. Reporting the bite can also provide a clearer understanding of whether the dog has a history of aggression, which can strengthen your legal case.

Inform the Police

In some cases, it’s also wise to inform the police about the incident. This is especially important if the dog has attacked someone before, if it is a dangerous breed, or if you believe the owner was negligent in controlling their dog. A police report can be another layer of official documentation that may aid your legal claim, especially if you decide to pursue compensation for your injuries.

Understanding Legal Liability

When it comes to dog bites, the laws that determine liability vary depending on where you live and the circumstances of the accident. Understanding how dog bites are treated in the eyes of the law can help you prepare for the next steps and any potential challenges to your claim.

Strict Liability vs. Negligence

In many states, the principle of “strict liability” applies. This means that the dog owner is automatically responsible for any injuries their dog causes, regardless of whether they were aware of the dog’s aggressive tendencies. On the other hand, some states require you to prove that the owner was negligent, meaning they failed to take reasonable steps to control their dog or prevent the bite. Knowing which standard applies in your state is crucial in shaping your legal approach.

Defenses a Dog Owner Might Use

Dog owners, however, may attempt to defend themselves against liability. One common defense is provocation. If the dog owner can show that you provoked the dog—by teasing, hitting, or threatening it—they may argue that you are partially or fully responsible for the incident. Another defense is trespassing. If you were on private property without permission when the bite occurred, the owner might claim they are not liable.

Gathering Evidence

It’s crucial to gather evidence as soon as possible after the bite. This includes taking photos of the injury, the location where the bite occurred, and the dog if you can safely do so. If there are any witnesses, ask them for statements and contact information, as their testimony can be invaluable if the case goes to court. Keep any clothing or personal items that were damaged during the attack, as they can serve as physical evidence of the bite.

Medical Records and Bills

As mentioned earlier, medical documentation is critical to your legal case. Save all records related to your treatment, including doctor’s notes, X-rays, prescriptions, and any follow-up care you require. Additionally, keep track of all expenses, from hospital bills to the cost of medication or even therapy sessions, if you’re dealing with emotional trauma following the attack. These documents will help quantify the financial impact of the bite, which is essential when seeking compensation.

Considering a Lawsuit

If negotiations with the dog owner or their insurance company don’t result in a fair settlement, you may decide to file a personal injury lawsuit. To do this, you’ll need to prove that the dog owner was legally responsible for the bite and that you suffered damages as a result.

Working With an Attorney

While it’s possible to handle a dog bite claim on your own, working with an attorney can significantly increase your chances of receiving fair compensation. An experienced personal injury lawyer can guide you through the process, from negotiating with insurance companies to representing you in court if necessary. They can also help you understand the full scope of damages you may be entitled to, including compensation for emotional distress, loss of enjoyment of life, or permanent scarring.

Seek Legal Guidance

Being bitten by a dog can be a frightening and painful experience, but knowing the right legal steps to take afterward can make all the difference. Call Passalacqua & Associates, LLC today at 315-277-3548 to set up a consultation with our team.

Bail and bond are crucial aspects of the legal system that allow defendants the possibility of release from custody while awaiting trial, but the terms and conditions vary widely depending on the seriousness of the crime, the risk posed by the defendant, and the discretion of the court.

The bail and bond processes in felony cases can be complicated, often involving various legal procedures, assessments, and conditions. For individuals charged with a felony, understanding these procedures can make a significant difference.

What is Bail?

Bail refers to the amount of money set by a court that a defendant must pay to be released from jail pending their trial. It acts as collateral to ensure the defendant returns for all required court appearances. The court considers several factors when setting bail, including the severity of the crime, the defendant’s criminal history, ties to the community, and the risk of flight or harm to others. Bail is not intended to punish but to secure the presence of the defendant at future court proceedings.

The Eighth Amendment of the U.S. Constitution protects against excessive bail. However, in practice, many defendants may still find the set amount unaffordable. In such cases, defendants often rely on bonds, discussed in more detail below. Bail can be set immediately after arrest, but for felonies, especially serious ones, the process can be more intricate and requires careful legal representation.

Understanding the Bond Process

Bonds are closely related to bail but differ in key ways. A bond serves as an agreement between the court, the defendant, and a bondsman or bond agency, guaranteeing that the defendant will show up for court. In cases where the defendant cannot afford the full bail amount, a bondsman can post a surety bond, typically charging a non-refundable fee (usually 10% of the total bail amount) to secure the defendant’s release. If the defendant fails to appear in court, the bond company is responsible for paying the full bail amount.
There are several types of bonds:

Cash Bond

The defendant or a third party pays the full bail amount in cash, which is refunded after the trial, assuming the defendant appears for all required hearings.

Surety Bond

A bail bondsman or agency guarantees the payment of bail to the court if the defendant fails to appear. The defendant typically pays a percentage of the bail amount as a non-refundable fee.

Property Bond

In some cases, defendants can use property (such as real estate) as collateral for their bond. This option is less common but can be viable for those with substantial assets.

Understanding which bond option works best for a felony case depends on several factors, including financial circumstances and the legal advice of an attorney. The cost of bonds, especially in serious felony cases, can be high, and failure to meet the terms can have severe legal repercussions.

Factors That Affect Bail in Felony Cases

Bail in felony cases is typically higher than in misdemeanor cases due to the increased severity of the crimes. Courts assess a range of factors before determining the appropriate bail or bond conditions. These factors include:

Nature and Seriousness of the Crime

The type of felony charged is often the first and most crucial factor. Crimes of violence, like murder or armed robbery, typically have higher bail amounts or may even be denied bail. Non-violent felonies may have more lenient bail conditions, though the seriousness of the crime still plays a major role in determining bail. In particularly egregious cases, such as those involving serious harm to others or public safety risks, bail might be denied altogether, ensuring that the defendant remains in custody until trial.

Criminal History

Defendants with past convictions or a history of failing to appear in court are more likely to face higher bail amounts or more stringent conditions. Repeat offenders, particularly those with previous felony convictions, are often considered higher flight risks and may pose a greater danger to the public. Therefore, judges might increase bail or impose additional conditions, such as electronic monitoring, to ensure compliance.

Risk of Flight

If the defendant is considered likely to flee the area to avoid prosecution (known as a “flight risk”), the court will either set a higher bail or, in some cases, deny bail entirely. Flight risk assessments take into account the defendant’s ties to the community, employment, family obligations, and access to financial resources. Individuals with strong ties to the local community, such as a stable job or family, are generally seen as lower flight risks and may be granted lower bail.

The Role of Bail Hearings

In felony cases, bail is often not automatically set at the time of arrest. Instead, defendants attend a bail hearing, during which both the prosecution and defense present arguments regarding bail conditions. The prosecution may argue for high bail or even no bail if they believe the defendant is a danger to the community or a flight risk. Meanwhile, the defense will attempt to persuade the judge to set a reasonable bail amount or request release on personal recognizance, meaning the defendant is released without having to pay bail.

Obtain Legal Guidance

Navigating the bail and bond process in felony cases requires a deep understanding of the legal system and the specific factors involved. While bail offers defendants the opportunity to remain free while awaiting trial, it comes with its own set of challenges, financial burdens, and legal conditions.

Defendants facing felony charges often work closely with legal counsel to navigate these complexities and secure the most favorable bail or bond terms possible. Call Passalacqua & Associates, LLC today at 315-277-3548 to schedule a consultation with our team.

Defending individuals charged with Driving While Intoxicated (DWI) has never been a straightforward process. The landscape is constantly evolving due to advancements in law enforcement techniques, stricter legal standards, and innovations in testing methods.

As attorneys strive to protect their client’s rights, they must navigate an increasingly complex field filled with nuanced legal issues, scientific developments, and social pressures aimed at reducing impaired driving.

The Rising Complexity of DWI Laws

Over the years, laws surrounding DWI have become stricter, leading to more severe penalties and lower thresholds for what constitutes impairment. Legislatures have responded to rising concerns over public safety by reducing the legal blood alcohol content (BAC) limit in many jurisdictions and increasing the legal consequences of a conviction. This tightening of the legal framework makes DWI defense more challenging than ever.

Zero-Tolerance Policies

Zero-tolerance policies, particularly for underage drivers, are a significant shift in how DWI cases are prosecuted. In these cases, any detectable amount of alcohol in a driver’s system is enough to result in charges, which requires defense attorneys to adopt highly specific strategies to address different groups of drivers affected by these stricter standards.

Challenges in Field Sobriety and Chemical Testing

DWI cases rely heavily on evidence collected during the arrest, particularly field sobriety tests and chemical testing, such as breathalyzers. However, these methods are not foolproof, and defense attorneys have increasingly focused on exposing their potential flaws.

Field Sobriety Tests

Field sobriety tests (FSTs) are a common tool used by law enforcement to determine whether a driver is impaired. These tests are designed to detect physical signs of impairment. However, these tests are subjective by nature and rely heavily on the officer’s observations, which can introduce a margin of error.
Many factors can affect an individual’s performance on FSTs, including medical conditions, fatigue, anxiety, or even the weather conditions at the time of the test. Defense lawyers often challenge the results of these tests by bringing up alternative explanations for their clients’ poor performance. For example, someone with a knee injury might struggle with a test requiring walking and turning, requested by officers to demonstrate sobriety levels.

Breathalyzer Tests

Breathalyzer tests are another key piece of evidence in most DWI cases. While these devices are widely regarded as reliable, they are not infallible. Defense attorneys can challenge the results of breath tests by questioning the calibration of the device, the timing of the test, or the training of the officer administering it. Even small errors in calibration or maintenance can skew the results, leading to an unjustified charge.

Defending Against Drug-Related DWIs

In recent years, the rise in the use of prescription medications and the legalization of marijuana in several states has led to an increase in drug-related DWI cases. These cases present unique challenges for both prosecutors and defense attorneys because determining impairment due to drugs is far more complicated than measuring alcohol intoxication.

Testing for Drugs

Unlike alcohol, there is no standardized level of impairment for drugs such as marijuana, prescription medications, or other controlled substances. Law enforcement officers rely on Drug Recognition Experts (DREs) to assess whether a driver is under the influence of drugs. However, DRE assessments are highly subjective, and their conclusions can be challenged. Defense lawyers may question the DRE’s qualifications, training, or the methods they used to evaluate the driver.

Constitutional Challenges in DWI Cases

Constitutional issues play a significant role in DWI defense, particularly regarding Fourth Amendment protections against unreasonable searches and seizures. Defense attorneys often argue that the arresting officer lacked probable cause to stop the vehicle in the first place or that the subsequent search and seizure were conducted improperly.

Illegal Traffic Stops

One common defense tactic is to challenge the legality of the traffic stop that led to the DWI arrest. If the defense can demonstrate that the officer did not have a valid reason for pulling the driver over, any evidence gathered during the stop—including the results of sobriety tests and chemical tests—may be deemed inadmissible in court, which can be a powerful defense strategy, as the exclusion of key evidence can significantly weaken the prosecution’s case.

Warrantless Blood Draws

In recent years, the U.S. Supreme Court has weighed in on the issue of warrantless blood draws in DWI cases. In Missouri v. McNeely (2013), the Court held that police officers must obtain a warrant before conducting a blood test, except in certain difficult circumstances. This ruling has given defense attorneys another avenue to challenge the prosecution’s evidence, especially in cases where blood was drawn without a warrant.

Public Perception and Jury Bias

Defending against a DWI charge often involves navigating the social stigma attached to impaired driving. Jurors may come into the courtroom with preconceived notions about drunk driving, and these biases can influence their judgment. Defense attorneys must work to counteract these biases by focusing on the legal and factual issues at hand rather than allowing emotional arguments to sway the jury.

Passalacqua & Associates, LLC Can Help

DWI defense is a complex and ever-evolving field that requires defense attorneys to stay informed about the latest legal developments and scientific advancements. From challenging the accuracy of chemical tests to questioning the legality of the traffic stop, a successful DWI defense often hinges on a thorough understanding of both the law and the science behind impairment testing.

By staying ahead of the curve and employing innovative defense strategies, experienced attorneys can effectively protect their client’s rights and secure favorable outcomes, even in the face of challenging circumstances. Call Passalacqua & Associates, LLC today at 315-277-3548 to schedule a consultation with our team.

A car accident can be an overwhelming and life-changing event. If you find yourself involved in a car accident, you may be facing significant impacts on many different areas of your life. Harms incurred in severe accidents can be substantial, leaving victims unsure of how to move forward.

Compensation for injuries and damages is not just a possibility but a right for those who have been wronged due to someone else’s negligence. However, navigating the process of securing compensation can be complicated, and seeking legal support can be a huge help to victims.

Understanding the Types of Compensation Available

Before diving into strategies for compensation, it’s crucial first to understand the types of compensation that may be available to car accident victims. Generally, compensation is divided into three categories: economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages are harms, specifically financial losses, that can be objectively measured. These may include medical expenses, lost wages, property damage, and any potential ongoing or future expenses related to the accident. For instance, if a victim requires physical therapy or surgery, those future costs can be calculated and claimed.

Non-Economic Damages

Unlike economic damages, non-economic damages are harder to quantify because they cover intangible losses. These losses may involve a victim losing the ability to enjoy the things they used to, encountering pain more often, and developing emotional distress after the accident. Severe car accidents can even lead to long-term conditions such as post-traumatic stress disorder (PTSD), depression, or anxiety. These are all factors that may be considered in a non-economic damage claim.

Punitive Damages

In some car accident cases, if the person responsible for the accident acted with a lack of regard or care for others while driving (often called “extreme negligence” or “malicious intent”), victims may be entitled to punitive damages. Punitive damages are not implemented with the intention of paying back the victim directly to compensate them for harm but rather to punish the wrongdoer and discourage them from similar behavior in the future.

Filing an Insurance Claim

For many victims, the first step in securing compensation after a car accident is filing a claim with their insurance company or the at-fault party’s insurer. Insurance is meant to protect individuals from bearing the full financial burden of an accident, but claims are not always straightforward.

Documenting the Incident

One of the most important things a car accident victim can do is document the incident thoroughly, which includes taking photographs of the accident scene, obtaining witness statements, and gathering medical records. The more evidence you can present to the insurance company, the stronger your claim will be. Insurance companies often look for ways to reduce their payouts, so it’s crucial to back up your claim with solid proof.

Understanding Your Policy

Another key element of filing an insurance claim is understanding the limits of your coverage. Many people are unaware of the specifics of their auto insurance policies. In some cases, the coverage may not be enough to cover all the costs of a severe accident, especially if there are high medical bills or significant property damage. For this reason, it’s helpful to know your policy’s limits and whether you might need to pursue compensation through other means.

Pursuing a Personal Injury Lawsuit

While insurance claims are often the first line of action, they don’t always provide sufficient compensation, especially in cases of severe injury. When this happens, victims may need to file a personal injury lawsuit to recover the full amount they are owed.

Calculating the Value of the Claim

Determining how much to seek in a personal injury lawsuit involves calculating both economic and non-economic damages. Economic damages are straightforward as they are based on actual expenses like medical bills and lost wages. Non-economic damages, on the other hand, require a deeper understanding of the long-term emotional and psychological effects of the accident. Your attorney may enlist medical professionals, economists, and other experts to help calculate the full value of your claim.

The Role of Legal Representation

Having a skilled personal injury attorney can make a world of difference when pursuing a lawsuit. Lawyers who specialize in car accidents can navigate the complex legal processes, negotiate on your behalf, and ensure that you receive the full amount of compensation you are entitled to. They can also handle all interactions with insurance companies, opposing counsel, and other parties involved, relieving you of that burden during a difficult time.

Strategies for Maximizing Compensation

There are several key strategies that victims can employ to maximize their compensation. First and foremost, it’s essential to seek immediate medical attention after an accident. Not only is this crucial for your health, but it also creates documentation that links your injuries directly to the accident. If you delay in seeking treatment, it can make it harder to prove your injuries happened because of the accident, potentially reducing your compensation.

Second, avoid making statements or accepting settlements from the at-fault party’s insurance company before consulting with an attorney. Early settlement offers are often far lower than what you deserve. Having an experienced lawyer on your side ensures that you don’t accept a settlement that leaves you short-changed.

Lastly, gather as much evidence as possible. Medical records, photographs, police reports, and witness statements all contribute to building a strong case. The more comprehensive your evidence, the easier it is to prove the severity of your injuries and the other driver’s negligence.

Seek Legal Support

Recovering from a severe car accident is a long and difficult process, but securing fair compensation can alleviate much of the financial burden. Call Passalacqua & Associates, LLC today at 315-277-3548 to schedule a consultation with our team.

What are New York’s Recording Laws?

In the United States, each state has its own laws regarding audio and visual recording and the admissibility of those recordings in court based on consent by one or all parties involved. New York State is a one-party consent state. This means that consent to record audio or video footage is admissible in court if only one person is aware and grants this permission.

Audio recordings that are obtained without consent from any involved party are considered a Class E felony, violating New York’s wiretapping laws, and may be punishable by up to four years in prison and a $5,000 fine.

What are Possible Sources of Surveillance Footage?

In today’s media-centric society, there is no shortage of opportunities for a conversation, argument, or interaction to be recorded. The following list provides examples of recording avenues to be aware of:

• Webcam footage
• Security cameras at government buildings, businesses, or private homes
• Traffic and toll-booth cameras
• Red-light cameras
• License plate readers
• Patrol-car cameras
• Body-worn cameras
• Law enforcement interviews of witnesses and suspects
• Social media providers and screen captures
• Forensic searches from digital devices

What are the Benefits of Surveillance Footage?

Surveillance footage typically provides only a small piece of the bigger picture, and most attorneys are aware of this. However, it can be a very valuable tool when used correctly, as illustrated by the following list of benefits:

• Footage can be effectively incorporated into opening and closing arguments, such as to emphasize critical parts of a recorded confession
• Footage can be incorporated into a slideshow presentation or other trial presentation software
• Still images can be captured, printed, and used as supplemental exhibits
• In-court identification can be made of the defendant as the perpetrator
• Can potentially capture the identified perpetrator in the commission of the crime
• Footage can corroborate eyewitness testimony
• Footage may be used to discredit defense witness testimony

What Challenges Accompany Surveillance Footage Use?

From resource management to authenticity, surveillance footage is not a simple topic. With terabytes of information available, adequate storage and the resources for that storage are quickly overwhelming existing infrastructure. Additionally, there are procedural issues, such as securing the workforce required to sort through this information. Other challenges associated with surveillance footage include but are not limited to the following:

• Securing the proper video or audio player and codecs on the court computer
• Ensuring the time and resources needed to review the footage
• Obtaining adequate storage for the files
• Development of the processes and protocols for the storage of footage
• Redacting the footage for privacy and legal challenges
• Allocating ample time for discovery, which is a time-sensitive process that involves redacting, rendering, and creating copies of all discoverable evidence
• Procuring necessary equipment and software needed to review, process, prepare, and share audio and video footage
• Ensuring sufficient technical and legal training of personnel that is required in order to comply with the constitutional disclosure requirements and other relevant law
• Responding to the novel legal challenges that are related to the use of surveillance evidence
• Preserving and storing video evidence for appeal

When is Surveillance Footage Considered Admissible Evidence?

When determining if surveilled footage is admissible, the court will ask several questions, such as:

• Is the video relevant to the case? A judge will likely impose lenient parameters when determining relevance in a criminal domestic violence case. Footage may be applicable when it helps to explain any element of a crime or its defense or to support or attack the credibility of a witness.
• Did the parties consent to be recorded? As discussed, New York’s wiretapping laws only require one party to consent to video or audio recording when the recording takes place in private or with the expectation of privacy. Public recordings, however, do not require the parties’ consent.
• Is the video original and unedited? With the rampant availability of editing software, rearranging or deleting key parts can be done easily and can drastically alter the interpretation of events. An attorney should be able to establish authenticity by questioning the origin of the video or employing expert witnesses and technology to ensure that the footage is unedited.
• When did the recording start? Many public and private recordings begin after escalating events have already transpired. In some cases, not having the first few minutes of an event can drastically alter the perception of the message. Due to this occurrence, the court will consider this when determining if the footage is admissible to court.
• Do any factors alter the perception of the footage? Environmental and technological factors can affect how footage is perceived. Poor audio or visual quality, low lighting, or conversations that are not fully audible may warrant footage being considered inadmissible.

Do I Need an Attorney?

If you have been accused of or have a history of domestic violence and surveillance footage has been presented that negatively affects your status, you need legal help who knows the law and can make it work on your behalf. The first steps you take following your charges are critical, and our defense attorneys are ready to identify and implement a strategy that serves your best interest. Do not hesitate to take back control of your life and your future. Call Passalacqua & Associates, LLC, today at 315-277-3548 or fill out a contact form for a free consultation.