Passalacqua & Associates

What Can You Do About an Old Criminal Conviction?

If you’re charged with a criminal offense in Syracuse, Utica, or anywhere else in New York, you must have – as quickly as possible – the legal services and advice that a Syracuse criminal defense attorney provides.

How long do petty crimes remain on your record? If you were convicted of a crime in this state, and if you’ve completed your sentence, can that conviction be expunged or sealed? Which criminal records may be expunged or sealed in this state? What does that process entail?

If you will continue reading this brief discussion about criminal records in New York, these questions will be answered, but if you personally need to have a criminal record expunged or sealed, you should also contact a Syracuse criminal defense lawyer promptly.

How Do Convictions Affect Your Rights?

Millions of people in this nation have at least one prior criminal conviction. State and federal laws restrict and limit their rights – their voting, housing, and employment rights and their right to bear arms. In many jurisdictions, criminal convictions also affect someone’s driving privilege.

While some of the restrictions on some convicted offenders are simply good common sense – preventing convicted child abusers from working with minors, for example – other restrictions are entirely unrelated to any criminal offense or criminal conviction.

If you are consistently rejected for housing or employment, it may be because of a conviction. But since 2017, thousands in New York have been allowed to seal old convictions from landlords, employers, or anyone else who may be investigating a person’s background.

What is Expungement? What is Sealing?

Expunging a criminal record completely deletes and erases that record, entirely and forever. However, with only very narrow exceptions, New York does not expunge adult conviction records. New York “seals” records, and sealing a record is somewhat different from expunging it.

Sealing your conviction record prevents most people – most employers, for example – from seeing the record, although a sealed record may still be accessed by the FBI, New York police officials, or any agency that hires law enforcement officers or licenses gun owners.

Which Criminal Records May Be Sealed?

In the State of New York, with several important exceptions, the following criminal records may be sealed:

1.  juvenile conviction records
2.  arrest records
3.  adult conviction records

How Are Juvenile Records Sealed?

If someone under age 19 receives a criminal conviction in New York, a judge may designate that person as a “youthful offender.” Youthful offender status automatically seals a conviction. Employers, colleges, and universities do not have to be told about convictions that are sealed.

If you received a conviction for a criminal offense when you were younger than age 19, but you did not have the conviction record sealed at that time, a law signed by Governor Kathy Hochul in 2021 allows you to reapply to have that record sealed.

If you received a criminal conviction in this state as a youth, and if your conviction was not sealed, ask a Syracuse criminal defense attorney to explain and to guide you through the steps you will have to take to seal that conviction.

How Are Adult Records Sealed?

Except for some possession of marijuana cases, the record of an adult’s criminal conviction can’t be expunged in this state, but adult criminal convictions may be sealed, with these exceptions:

1.  convictions for Class A felonies
2.  convictions for crimes of violence (as defined by New York law)
3.  convictions for most sex crimes

To seal a New York conviction record, you must meet the following requirements:

1.  At least ten years have elapsed since your sentencing or release (whichever was later).
2.  You have no subsequent arrests, convictions, or charges pending.
3.  You have two or fewer convictions and not more than a single felony conviction.
4.  You have not sealed the maximum number of records you are permitted to seal.

What Does the Sealing Process Entail?

To seal the record of a conviction in this state, ask a Syracuse defense attorney to submit your request to the court that convicted you. The prosecutor’s office in that jurisdiction has the right to challenge your request.

When the court receives your petition to seal your conviction record, the prosecutor’s office must notify the court within 45 days if it intends to file a challenge. If a challenge is filed, the court will schedule a hearing.

When that hearing is conducted, your defense attorney will demonstrate to the court why your conviction record should be sealed. If the prosecutor declines to challenge your request, a judge makes the ultimate decision to have your conviction record sealed or to keep it unsealed.

A Syracuse criminal defense lawyer can explain the sealing process to you, file the necessary documents with the court, and if necessary, argue before a judge on your behalf.

What Does Sealing a Conviction Accomplish?

If the judge approves your petition and seals your conviction, evidence from your case – arrest photos, DNA samples, or fingerprints, for example – will be destroyed.

No one may have access to a conviction record that has been sealed except these parties:

1.  anyone you personally designate
2.  a prospective employer if you apply for a job that requires you to carry a firearm
3.  your probation officer if you are arrested while you are on probation
4.  a prosecutor or police officer who has a court order if you are arrested on a new charge

If Your Record Cannot Be Sealed

How can you deal with an old conviction for a petty crime if you don’t meet the qualifications for sealing the record? If you have more than two convictions but only one conviction for a felony, your attorney can help you request a Certificate of Relief from Disabilities.

This document removes some of the barriers to jobs like nursing, real estate broker, or security guard. If you have more than one felony conviction, you can request a Certificate of Good Conduct, which removes some barriers to public service jobs such as firefighter or notary public.

Be sure to discuss all of your legal options and alternatives with your attorney. Thousands of New Yorkers have sealed old convictions and have moved forward positively with their lives.

If you find yourself rejected for housing or employment because of an old conviction, contact a Syracuse defense attorney who will provide the advice and legal services you need.

Most drivers in New York know that a driving while intoxicated (DWI) conviction can very negatively and drastically affect your life. Should you be charged with driving while intoxicated in the greater Syracuse area, contact a Syracuse DWI attorney as quickly as possible.

Intoxicated drivers in the United States are the cause of more than 17,000 deaths every year, including the 307 people who lost their lives on New York’s streets and highways in alcohol-related traffic crashes in 2019 and 349 people in 2020.

In fact, about 27 percent of all traffic accident fatalities in New York State are alcohol-related. Thus, it comes as no surprise that police agencies in New York aggressively enforce the law against driving while intoxicated.

When Can You Be Arrested for DWI?

If a police officer in this state believes that you are “operating a motor vehicle” while intoxicated and that you pose a threat to others or yourself, you may be arrested, charged, and convicted for driving while intoxicated. A DWI conviction could ruin your life for many years into the future.

But how is “operating a motor vehicle” defined by the law? If a police officer finds you asleep in a vehicle, can that officer arrest you for driving while intoxicated? When should you contact a Syracuse DWI lawyer? Keep reading to learn these answers and more. You may be surprised.

Can You Be Charged With DWI if You’re Not Driving?

You can be arrested and charged with driving while intoxicated in New York even if you are not driving a car or truck or if you are not driving at all. You can be charged with DWI if you are intoxicated while operating a golf cart, a riding lawnmower, or even an electric wheelchair.

And although it is called “driving” while intoxicated, a law enforcement officer who doesn’t see you driving may still arrest you for driving while intoxicated. Here is an example: You have a beer after work with some friends. You have car trouble on your way home, so you pull over.

If a police officer stops and smells beer on your breath, he or she may suspect you’ve been driving while intoxicated, even though that police officer never actually saw you behind the wheel.

The officer may ask you to submit to a breathalyzer test or field sobriety exam. If you appear to be impaired, or should the breathalyzer exam indicate that you’re too intoxicated to drive, you will probably be arrested for DWI.

What if You’re Asleep?

In New York, a driver can be charged for driving while intoxicated if that driver is “sleeping it off” in his or her vehicle. Even if you are not “operating” the vehicle, if you’re intoxicated in the driver’s seat, a police officer can take you into custody.

However, if you are sleeping in your back seat, your keys are not in the ignition, and the engine is off, you probably will not be placed under arrest. To determine a suspect’s intent, a law enforcement officer (or later, the court) will consider these questions:

1.  Was the intoxicated individual in the driver’s seat or the back seat?
2.  Was the vehicle’s engine off or on? Was the engine warm?
3.  Where were the vehicle’s keys?
4.  Was the vehicle operational or broken down?
5.  Where was the vehicle parked?

How Do You Prevent a DWI Arrest?

Sleeping it off in your car or truck isn’t the smartest way to prevent intoxicated driving or being arrested for driving while intoxicated. A better idea is hiring a taxi, a limo, a ridesharing service like Uber or Lyft, or calling a friend.

Nevertheless, should you decide to nap in your car or truck to “sleep it off,” put the keys away from the ignition and away from yourself – in the glove box or under a seat, for instance.

Do not fall asleep in the driver’s seat. Sleep in back after making certain that your vehicle is legally parked, away from traffic.

What’s Required for a DWI Conviction?

Drivers in the Syracuse area have been charged with driving while intoxicated after law enforcement officers have discovered them asleep in a highway rest area, on the side of a road, or in a parking lot.

However, to win a conviction against you for driving while intoxicated, a New York prosecutor must prove that you were in fact driving while you were impaired by alcohol (and/or drugs) before the police officer encountered you, and that proof must be “beyond a reasonable doubt.”

Do You Genuinely Need an Attorney for a DWI Charge?

Too many New Yorkers plead guilty to driving while intoxicated and accept the consequences, but a driving while intoxicated conviction can often be avoided. Do not enter a guilty plea at your DWI arraignment hearing, and do not decide to act as your own defense lawyer, either.

Your freedom and your future will be at stake. Pleading guilty and accepting the consequences may seem like an expedient way to handle a driving while intoxicated charge, but a conviction for driving while intoxicated will impact you negatively, in a number of ways, for years to come.

Should you accept a plea deal? First-time offenders – if they did not injure anyone or damage property – are typically allowed to plead guilty to a lesser charge, driving while ability impaired (DWAI). Your DWI lawyer will recommend either accepting or rejecting any plea bargain offer.

How Will an Attorney Help You?

If your blood alcohol concentration (BAC) level measured at or above 0.08 percent at the time of your arrest, you may be charged with DWI. If your BAC level measured at or above 0.18 percent, you may be charged with aggravated DWI, which entails even harsher penalties.

And even a first driving while intoxicated conviction may be penalized with a jail sentence and a costly fine. A Syracuse DWI attorney will review the charge against you, the breathalyzer test results, and any statements from the arresting officer or other witnesses.

Your DWI defense attorney will find any weaknesses in the state’s case and may dispute the evidence presented against you. But whether it’s your first offense or you’ve been charged with DWI in the past, you’ll need the advice and defense representation that a Syracuse DWI lawyer provides, and you will need that help as quickly as possible after a DWI arrest.

If you’re charged with driving while intoxicated (DWI) or with any other offense related to alcohol and driving in or near the Syracuse area, you will need the personalized legal advice and the aggressive defense representation that a Syracuse DWI attorney can offer you.

What are your rights if you’re charged with driving while intoxicated in or near the Syracuse area? What are your legal options as a DWI defendant? What are the penalties for DWI convictions? And when should you contact a Syracuse DWI lawyer?

If you’ll keep reading this brief discussion of New York’s DWI laws and your rights, these questions will be answered, but if you currently have a DWI case pending – or if you’re charged with DWI in the future – you will also need to consult a DWI attorney as swiftly as possible.

What Penalties May Be Imposed for “Standard” DWI Convictions?

In this state, driving while intoxicated happens when anyone under the influence of alcohol or drugs drives a motor vehicle. You may be charged with “standard” DWI if you drive after drinking and your blood alcohol content (BAC) level measures at or above 0.08 percent.

For a first DWI conviction, the penalties may include a six-month license suspension, a fine, and the possibility of time in jail. A subsequent standard DWI conviction within ten years of the first may be penalized with a costly fine, several years in prison, and a lengthy license revocation.

The 0.08 percent BAC limit applies to most adult motorists who are 21 and older, but for younger drivers, the limit is 0.02 percent. The 0.02 percent legal limit also applies to drivers in New York who carry a commercial driver’s license (CDL).

How Does New York Define “Aggravated” DWI?

Driving with an excessively high BAC level – at or above 0.18 percent – can trigger a charge of “aggravated” driving while intoxicated. A first conviction for aggravated DWI may be penalized with a fine and/or time in jail and with a license revocation lasting at least one year.

A subsequent conviction for aggravated DWI within ten years of a previous conviction may be penalized with an expensive fine, an 18-month driver’s license revocation, and the possibility of several years in prison.

What is “DWAI” in New York? What Are the Penalties?

DWAI stands for “driving while ability impaired,” and there are two DWAI charges in this state:

Driving while ability impaired by alcohol is the charge when a motorist’s blood alcohol content level measures from 0.05 percent to 0.07 percent. DWAI by alcohol is an infraction in New York and not a criminal offense.

Driving while ability impaired by drugs is a criminal offense with severe penalties upon conviction.

A first conviction for DWAI by alcohol may be penalized with time in jail – no more than fifteen days – a fine, a mandatory “surcharge,” and an automatic license suspension for ninety days.

To win a conviction for DWAI, a prosecutor must prove beyond a reasonable doubt that the driver was unable to drive safely even with a BAC level below the legal limit. If you are facing a DWAI charge, promptly schedule a legal consultation with a Syracuse DWI attorney.

When is DWI a Felony?

Most DWI charges are misdemeanors, but some circumstances can raise a driving while intoxicated charge to the felony level. For example, if a minor was with you when you were stopped by the police for suspicion of driving while intoxicated, you will face a felony charge.

If you are convicted of felony DWI, any subsequent driving while intoxicated charge within the next ten years will also be charged as a felony.

And whether the charge was a felony or a misdemeanor, any DWI conviction will entail extra-legal penalties that you will not face, for example, if you are offered a plea bargain and you plead guilty to DWAI.

What Are the Extra-Legal Consequences of a Conviction for DWI?

A conviction for driving while intoxicated increases your car insurance rates. If you are a professional driver, you may have to seek other employment, and that can be difficult with a recent DWI conviction.

If you are a professional in this state, a conviction for DWI may prompt disciplinary action by your professional licensing board. If you are not a U.S. citizen, a driving while intoxicated conviction – especially if it’s a felony conviction – may trigger a deportation proceeding.

Why is a Guilty Plea a Bad Idea in DWI Cases?

Don’t plead guilty to DWI, aggravated DWI, or DWAI, and do not try to represent yourself either. There will be too much at risk. Pleading guilty seems like the expedient way to handle these charges, but a DWI conviction will impact your life negatively for years into the future.

If you face a misdemeanor DWI charge, will you be offered a plea bargain? Many first-time DWI offenders are allowed to plead guilty to DWAI. A Syracuse DWI lawyer who negotiates plea deals on a regular basis will tell you if you should accept or reject a plea bargain offer.

Trials are risky. If you are innocent of DWI, as a general rule, you should not agree to any plea deal, and you should insist on your right to a jury trial. However, every case is different, so you should discuss all of your options with your lawyer and heed your lawyer’s advice.

What Else Should New York Drivers Know About DWI?

Even if the evidence against you is extensive and conclusive, and even if your conviction for driving while intoxicated is inevitable and unavoidable, a Syracuse DWI defense attorney can work on your behalf for reduced or alternative sentencing.

Of course, you’ll never have to face DWI-related legal trouble if you adhere to this fundamental advice which you’ve heard so many times – Don’t Drink and Drive. Call a taxicab, call Uber or Lyft, or call a relative or friend. Get a room for the night if you must. But do not drink and drive.

New York passed the first DWI law in the United States back in 1910. Since then, DWI laws in this and every other state have expanded and have become quite complicated. A DWI defendant must have legal counsel.

If you are charged with driving while intoxicated for any reason, you will need to contact a Syracuse DWI defense lawyer who will protect your legal rights, direct you through the justice process, and work to bring your DWI case to its best possible outcome.

New York lets family members, school administrators, and the police request court orders that compel gun owners to surrender their weapons. If you are the subject of an extreme risk protection order (ERPO), you must contact a Utica firearms attorney as quickly as possible.

If someone persuades a court in this state that you are likely to harm yourself or anyone else, New York’s “Red Flag” statute, enacted in 2019, allows the court to issue an ERPO that will prevent you from purchasing or possessing a firearm.

How does New York’s Red Flag law work? If you are the subject of an ERPO, what are your rights? What legal steps can you take to challenge an extreme risk protection order and retain your right to bear arms? When will you need to contact a Utica weapons attorney?

If you will keep reading this brief discussion of New York’s Red Flag law and your rights, you’ll find answers to these questions, but if you are named as a “respondent” in an ERPO, you must also contact a lawyer at once for personalized legal guidance and advice.

Who May Ask a Court to Issue an ERPO?

New York’s Red Flag law is intended to protect communities and individuals in this state from gun violence.

The following “petitioners” may ask a court to issue an extreme risk protection order:

a member of a respondent’s family, anyone who resides in the respondent’s household (or has resided there previously), and anyone who is now or has in the past been in an intimate relationship with the respondent

a school administrator or a designated employee at a school the respondent currently attends or attended within the previous six months

a police officer or a prosecutor in the county or city where the respondent resides

How Are ERPOs Issued by a Court?

A petitioner begins the process by asking a court to issue a temporary ERPO. A court may issue a temporary extreme risk protection order if the details included with the petitioner’s request provide probable cause to conclude that the person named as the respondent is likely to cause physical harm (to self or others).

Upon receiving a petitioner’s request, and whether or not a temporary extreme risk protection order is issued, the court will schedule a hearing to decide if a “final” ERPO should be issued. A respondent will be notified regarding the time and location of this hearing.

Whether or not you are named as the respondent in a temporary ERPO, if a hearing has been scheduled to decide if a final extreme risk protection order should be issued against you, you must be advised and represented at that hearing by a Utica firearms attorney who will advocate aggressively for your rights and on your behalf.

Is New York’s Red Flag Law Unconstitutional?

Does New York’s Red Flag law violate the U.S. Constitution? Sherry Levin Wallach, the president of the New York State Bar Association, has written that the law is “confusing, overly complex and riddled with loopholes that failed to allow for basic constitutional protections.”
The number of ERPOs requested by police officers surged in 2022 after a mass shooting on May 14th at a Buffalo supermarket in which ten people were killed.

Governor Kathy Hochul responded to that shooting on May 18th by expanding the scope of the Red Flag law with an executive order that requires the New York State Police to request ERPOs whenever they have probable cause to believe that someone may pose a threat (to self or others.)

However, many of these requests are being rejected by judges because the petitioners are unable to substantiate their claims.

Who Determines That Someone May Cause Harm?

Under the Red Flag law, the determination that someone is likely to cause “serious harm” does not have to be made by a licensed mental health professional. The claim may be made by anyone, including a lay person, without regard to that person’s prior training or experience.

Wallach writes that the law is “vague and constitutionally unsound” and that it violates the First, Second, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution as well as the New York State Constitution. So far, however, no formal challenges to the law have been successful.

How is the Seizure of Firearms Conducted?

If someone asks a court to issue a temporary extreme risk protection order that names you as the respondent, you may not learn of it until you are served with the order along with the details about the final ERPO hearing.

When the police serve you with an ERPO, they will seize any firearms:

1. that you surrender voluntarily
2. that are in plain sight
3. that are discovered while conducting a search

A judge may instruct the police to conduct a search that is in compliance with the legal rules for searches. Unless you transfer their legal ownership to another person, the police will provide you with a receipt for your guns and will hold your guns until they may be legally returned.

If You Are the Subject of an ERPO, What Are Your Rights?

You have the right to be accompanied at a final extreme risk protection order hearing by your Utica weapons attorney, to testify, and to present witnesses and evidence on your behalf.

If the judge issues a final extreme risk protection order, as long as that order remains in effect, you have the right to request another hearing to have the order lifted.

However, at that second hearing, you and your attorney must prove to the court, with strong and persuasive evidence, that there has been a considerable circumstantial change that justifies rescinding or revising the order.

Ask a lawyer who has experience with restraining order cases to prepare you for these hearings. Your lawyer will compile the evidence you need to challenge an ERPO, interrogate the petitioner and other witnesses, and protect your legal rights throughout the Red Flag law process.

What Else Should You Know About the Red Flag Law?

When an ERPO that was issued against you expires, you must complete an application in order to regain the possession of your firearms. The court will forward a copy of your request to the original ERPO petitioner and to any official who has issued you a gun permit.

If any of these parties oppose the return of your weapons, the court will schedule a hearing to consider their concerns, but in most cases, a court will return your firearms to you provided that another law does not prohibit you from owning or possessing firearms.

The Red Flag law is only one of a number of laws that regulate the possession and use of firearms in New York. If you are accused of violating any gun law in this state, it is a serious charge, and you will need to contact a Utica firearms lawyer as quickly as possible.

You must know first that any dog has the potential to bite under the right conditions. Even typically friendly dogs may bite you if they’re threatened, feeling ill, or taking care of their puppies, and you may be strange to them.

Fairly recently, specific organizations (including insurance companies) have studied how aggressive certain dog breeds are, and it’s a mixed bag. Most studies found that chihuahuas and Dachshunds were the most aggressive to other dogs and people.

However, being that they are usually small, the injuries they inflicted were less severe.
Also, Pit bull terriers were found to be overly aggressive to other dogs, but not significantly more to their owners or strangers.

These studies covered many breeds of dogs, and of course, the larger animals that had a more aggressive nature could and did more damage to the victim, and many resulted in the actual death of another dog or person. There’s not any domestic dog breed that is inherently violent, and you must also remember that the dog’s owner can contribute to the aggressive nature of the dog. This is a heated debate, and many feel that even the more “aggressive breeds” are made by their owners’ abuse, neglect, or training.

This list may differ slightly from time to time, but it’s commonly agreed that the nine most dangerous dog breeds are:

• Siberian Husky.
• Hybrid Wolf Dogs
• Presa Canario
• German Shepherd
• Rottweiler
• Akita. Attacks
• Chow Chow
• Doberman Pinscher

The size of most of these dogs and their training has contributed to numerous injuries and even deaths over the last few years. Accordingly, if you own one of these breeds or have been bitten by one, insurance companies may not cover your injuries or the lawsuit against you, which usually occurs.

So, if any dog bites you, and especially by one on the “aggressive breed” list, you need to consult immediately with your Syracuse or Utica personal injury dog bite lawyer. This is true whether you are bitten or your dog has attacked and injured another person. Dog bite lawsuits are expected today and can devastate their owners, or you, as the injured party.

If you’re bitten, you could be mauled, lose some motor function, and have extensive scarring that may involve surgery. Additionally, you need to know your rights, as the penalties, you as the dog owner, can be severe and even include jail time.

What Are Some Reasons That May Contribute to Aggression in Dogs?

As stated, even small dogs can attack but not usually inflict the severe and debilitating injury that a large dog can.

There are situations that you should be more aware of, and that may contribute to being attacked by a dog; some are,

• Asserting dominance – This instinct is common in dogs due to their “pack” mentality.
• Asserting their territory – Most all family dogs will protect their household or their puppies. The usually friendly dog may react as they see this as a protective action against you, dogs, or other animals.
• Pain or Illness – If a dog is injured or sick, it often will lash out more than a healthy animal.
• Predation refers to most dogs – Their “hunting instinct” to kill small animals or attack children.
• Fear – Overwhelming sensory stimuli may cause dogs to react by biting and feeling threatened.
• Misdirected aggression – This may occur when the owner of the dog restrains their dog from attacking another and causing their dog to turn on them.

You should get medical attention immediately if a dog attacks you or a family member. A dog’s attack can tear flesh and break bones. The medical costs, loss of wages, and more, to you and your family, can be devastating. Consulting with Syracuse or Utica dog bite lawyers will help you get the compensation you deserve.

Do Some Breeds Just Have a Bad Undeserved Reputation, and Why?

It’s well known that some dogs just have a bad reputation. However, are these dogs bred to kill, or are they the innocent victims of the dark side of their owners?

Dog experts and pet owners have been asked this question for years, and they usually tell us the truth about “aggressive” dog breeds, and there’s a lot of excellent feedback.

For example, a pit bull broke away from its walker to race across a park and nearly killed another dog or bit a child. Most experts state that these people with aggressive dogs don’t want the dog as a pet; they want to make a statement! Many experts also tell us that to the best of their knowledge; no dogs are “born bad.” Only two-legged harsh, abusive, or misguided owners either make the dog aggressive or enhance the animal’s aggressive nature.

What Should I Do If I’m Attacked By a Dog in New York State?

First, get medical attention immediately, as any bite, large or small, can cause nerve damage, infection, and much more.

New York has a “One Bite” Rule, and dog bite cases are managed under strict liability and negligence. In most cases, the dog’s owner or guardian is personally liable for medical bills, and more if their dog caused your injury. This holds even if the owner used reasonable care to restrain the animal.

Also, it’s mandatory in New York State that if a dog bites you, you must immediately file a full report about the incident with the local authorities. This is especially true if the animal that inflicted the wound is suspected of having rabies.

These bites can be very severe and have caused death to both children and adults. As soon as possible, consult with a local dog bite law team, and allow them to analyze your case thoroughly. Medical bills, lost work time and lost wages, and much more can mount up. In New York, the dog’s owner is liable, and your Syracuse or Utica personal injury lawyer will fight for your rights and the compensation you need and deserve.

I’ve Been the Victim Of a Dog Attack; How Should I Proceed?

Dog bites can be extremely severe and cause more physical damage than you imagine. Never underestimate their severity, both physical and emotional.

Unfortunately, most dog bite victims are between five and nine years old, and most of these attacks are inflicted by dogs the child already knows. However, whether you know your attacking dog or not, you must know your rights.

Consulting with a Syracuse or Utica “dog bite” personal injury lawyer is mandatory. Also, you must obtain a lawyer with extensive knowledge of the New York personal injury laws regarding dog attacks. Your experienced and empathetic lawyer will be committed to helping you recover from these horrific injuries and fight for the maximum compensation you need to move forward financially and physically with your life.

The Impaired Driver Program, or IDP, is an option for those eligible to still operate a vehicle to get to work and other necessary places after their license has been pulled due to an alcohol-related or drug-related offense. You can enroll in this program and apply for the subsequent conditional license after sentencing. New York state, as well as many others, has put programs in place in an effort to lessen the reoccurrence of certain offenses and keep the roads and citizens safe. The IDP is a product of that effort, and if you adhere to the guidelines, you are able to continue to operate a vehicle and get to your destinations as necessary, within the rules established by this program.

Contact us at (315) 500-6425 to learn more about what your options are, what you need to do to make sure you are compliant, and how to get started.

What Does This Program Consist Of?

There is an educational aspect to this program in that it will help you to understand the high-risk situations involved in drinking and driving, as well as other impairments. Through guided courses and necessary steps, it will help those enrolled to obtain a greater knowledge of the repercussions of their actions and how making better choices not only helps them but creates a safer environment for citizens in New York. Generally speaking, through the use of workbooks and group activities completed throughout the course, participants can better understand healthier choices for themselves and those around them. These sessions are typically scheduled each week.

What Else Should I Know About IDP?

Another aspect of this program is the preliminary screening that is in place to identify substance abuse disorders or other high-risk factors. If you are one of the individuals found to be at risk due to this assessment, it is likely that you will be referred for further clinical assessment and, in some cases, treatment. Referrals can happen if two or more alcohol or drug-related driving convictions have happened in the past decade, if it is proven that you are attending your IDP classes while under the influence, due to a written request by the participant themselves, or if based on the written assessment, it is deemed necessary.

What Happens When I’m Done?

Upon satisfactory completion of the IDP program, a Notice of Completion will be issued and electronically submitted to the DMV. Depending on your specific situation, this may be all you need to resume an unrestricted driver’s license. If you have another offense on record, were under 21 when you were charged, or refused an alcohol or drug test at the time of your offense, there may be additional steps that need to be completed before your Conditional License is transferred back into an unrestricted driver’s license.

Our law firm has helped many people just like you with their cases involving an IDP. They are here to assist you as well. Contact us today at (315) 500-6425 to get started.

New York is a “No-Fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident. Insureds can be reimbursed for medical costs, lost wages and other losses that might surface after the accident.

The State of New York has done this to ensure that no one gets left out in the cold if they are in an accident with someone who does not have adequate, or any insurance at all.  No-Fault insurance coverage, in most cases, will reimburse you up to $50,000 for accident related medical treatment, up to 80% of your lost wages (with a $2,000 a month maximum) and any accident related services that you need such as home help.

The State of New York also requires registered motor vehicles to have liability insurance with certain minimum coverage amounts:

•  $25,000/$50,000 for bodily injury per person/ per incident
• $50,000/ $100,000 for death
• $10,000 for property damage per accident

What are the No Fault Benefits you are entitled to?

These are benefits paid by the insurance company of the car you were driving, were a passenger in or were struck by as a pedestrian, regardless of fault as to the cause of the accident. This means that the accident could have been your fault, someone else’s fault or no one’s fault at all.  These benefits include payment of medical bills, prescription drugs, lost wages, housekeeping and/or transportation to and from medical providers, all as the result of the accident.

In order to claim these benefits, there are rules that are dictated by your insurance policy as to when you place them on notice of the accident and that you fill out an application to apply for the benefits. There is a very short time, only 30 days from the date of the accident, in order to file an application for these benefits.  However, this time limit can be extended under extenuating circumstances.  In order to make sure that you abide by all of the insurance companies requirements, you should contact an experienced personal injury attorney after your accident to ensure that all of your rights are protected. 

Here at Passalacqua and Associates, we realize each of our clients are different and have different needs, but each client receives the attention they deserve when their rights are being protected.  We will investigate your case and come up with a strategy that will put you in the best position to get your life back in order after a debilitating injury.  Our attorneys and staff have the experience that is needed to find the people responsible for your accident and hold them accountable.  To discuss your case in more detail, please call us at 315-500-(6425) or contact us through our online chat at www.CNYTRIALLAW.com

The appeals process can appear daunting without years of experience in these matters. If you are overwhelmed by a verdict and want to learn more about what your options are, we will break it down below.

There is a basic framework for the appeals process in New York. Determining which court you need to file your appeal to is the first step. Filing a Notice of Appeal initiates the process, and you have a certain window in which to file this form in order for you to be within your right to an appeal. Asking the court to stop the enforcement of the original judgment may be necessary as well, which we will discuss further in the next section. The next step is referred to as Perfecting the Appeal and entails preparing all the necessary documents in order to assign a court date. The Appellate Court will then navigate the case and submit for a decision, and upon them reaching a decision, they will submit a written decision to you.

Contact us today to learn how we can help you with each step of the process and get it handled the first time appropriately, saving you more unnecessary stress and time. Call (315) 500-6425 for a free strategy session and to learn more about how to get started.

What Can I Expect During the Appeal Process?

Different courts handle different charges/appeals, and determining where to start to save time or mistakes is of great benefit to you. You can also ask the court to stop the enforcement of the original judgment. Filing a Notice of Appeal in itself doesn’t stop the enforcement of the original charges, and if you ignore what you were ordered to do, it can lead to costly problems.

Perfecting the appeal is the part of the process where you finalize the preparation necessary to place the appeal case on the Appellate Court calendar. This includes gathering required paperwork from the original trial, additional facts, and anything else your experienced appellate lawyer deems relevant in preparation.

What is the Final Part of the Appeal Process?

On the scheduled court date, both sides will have an opportunity to share their side, called an oral argument, although an oral argument isn’t necessary for all appeals. The courts then begin the process of deciding the outcome, which they will then submit to you in writing. They can modify the original judgment, submit specific instructions for a new trial, or in some cases, overturn the original findings and dismiss the case entirely.

We are a group of trusted and experienced lawyers that can help you with your appeals case from beginning to end. Contact us at (315) 500-6425 for a free strategy session regarding your specific case and how we can help.

The DMV can issue a Conditional License to a qualified driver whose New York State license has been suspended or revoked due to a drug-related or alcohol violation. If you qualify, this license allows you to drive legally, following certain limitations.

The driver must enroll in an Impaired Driving Program, or IDP, and complete the course. If there are further clinical assessments or treatments necessary, these must be completed, as well as the entire course, to be eligible to receive your Driver’s License back after the appropriate time has passed.

Contact us at (315) 500-6425 to learn more about what your options are, what you need to do to make sure you are compliant, and how they can help you with your specific questions.

What Are The Limitations on the License?

There are several guidelines in place to remain compliant while driving with a Conditional License. Read below to learn more.

If the driver has a CDL or Commercial Drivers License, that is not valid with a Conditional License. This means is you drive a larger vehicle or a commercial vehicle, you are not legally able to operate it during this time.

You can drive to and from a Motor Vehicle office in order to remain compliant with your IDP, to and from work, and, if required by your work, you may operate a vehicle during business hours as it relates to your employment. You can drive to and from classes or activities required within your IDP, to and from classes at an accredited college or university (this does not include driving to and from high school). You can drive to and from a child’s school or daycare if it is deemed necessary. You can drive to and from a medical appointment for yourself or a family member if it is deemed necessary, and you are required to carry a written statement from your doctor explaining the nature of the appointment in case you are stopped while driving to or from said appointment.

There are other specific instances in which driving is legal, all of which will be stipulated in the Conditional License/Driving Privilege Attachment that is issued to you.

What Happens if I’m Caught Driving Where/When Prohibited with my Conditional License?

There are a few instances in which your Conditional License can be revoked. If it is proven that you are in violation of the where/when you are able to drive that is specifically listed, this can result in revocation. If you are dropped from the IDP program, your conditional license will be revoked. If you are convicted of another moving violation, such as a seatbelt violation or issues with a cell phone or child safety seats, this can also result in revocation. Also, if you are convicted again of a drug-related or alcohol-related charge while you have a Conditional License, this can result in revocation and other charges.

When Do I Get My License Back?

Typically you can obtain your license back after 60 days. If you avoid violations and remain compliant with your IDP program, you can generally assume this two-month timeframe to obtain your regular Driver’s License back.

Our law firm has helped many people just like you with their cases involving a Conditional License. They are here to assist you as well. You can rely on a trusted team to answer your questions, help you to make sure you are compliant with your IDP, and move forward. Contact us today at (315) 500-6425.

If you have been granted an appeal in your case, there is likely cause to celebrate. There are a few things that can happen upon appeal and what that means for you. In most cases, the appellate court will remand the case back to the lower courts with specific instructions as to how to amend the errors made in the original case.

If these errors were a direct cause for the wrong verdict, the appellate court could order a new trial. In some cases, the appellate court can overrule the case entirely and dismiss the original case.

We have a team of trusted attorneys that are prepared to assist you in your appeals process from start to finish. You can lean on our experience in helping people just like you through the necessary steps and what to expect at each turn. Contact us at (315) 500-6425 for a free strategy session and to learn more about how we can help.

What if a New Trial Is Issued?

In most cases, as mentioned above, the appellate court will issue a new trial with specific instructions to the lower courts on what needs to be addressed to revisit the case. There can be specific steps outlined before going to trial as well, with the idea in mind that the new trial will address what was missed or handled in error during the original trial. This does not guarantee that the verdict in the retrial will be not guilty. In most cases, however, it can mean that the outcome or charges can be less than the original trial.

What if the Appellate Court Overrules the Original Judgement?

In some cases, the courts will overrule the original judgment and dismiss the case. In this situation, the appellate court’s decision takes the place of the original ruling and dismisses the original case. These outcomes are rare, but if they do occur, it means that the party is not guilty, and the charges are dismissed entirely.

Why Do I Need a Lawyer?

Appeals can take a considerable amount of time, and each step needs to be followed with specific accuracy to ensure the appeal is handled properly and in a timely fashion. This intricate process can prove to be challenging without years of experience in dealing with appeals and the necessary knowledge to navigate them.

At our law firm, we have years of combined experience dealing with appeals cases, and you can count on us to help guide you through the process. Contact us today at (315) 500-6425 to get started.