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What is a Juvenile Offender?

According to New York state courts, a juvenile offender is any child who is age 13, 14, or 15 and is charged with committing a serious or violent felony offense. Convicted juvenile offenders are subject to lighter sentences than adult offenders but will have a permanent criminal record unless otherwise ordered.

What are Common Examples of Drug Crimes for Juvenile Offenders?

Some of the more common examples of controlled substance offenses that juveniles are charged with in New York include:

• Possession of a controlled substance
• Sale of a controlled substance
• Drug paraphernalia
• MDMA/Ecstasy charges
• Drug Trafficking
• Possession of Methamphetamines/Meth
• Misdemeanor Marijuana Possession
• Felony Marijuana Possession

What is the Legal Process for Juvenile Offenders Charged with Drug Crimes?

Juveniles who are charged with a drug crime follow a distinct path through the legal process. The steps are as follows:

• Arrest and detention: The legal process typically begins with the arrest of the juvenile. Enforcement officers have the right to detain the child temporarily, but these cases usually involve swift movement to the next steps.
• Family court proceedings: Juvenile drug cases tend to be handled in family court rather than criminal court. This is done to emphasize a rehabilitative approach with a focus on the minor’s well-being.
• Disposition hearing: In place of a trial, the family court will conduct a disposition hearing that will determine the best consequences for the offense, which may include counseling, probation, community service, or other rehabilitative services.
• Probation: Some cases result in an order for probation as part of the disposition.

What is the Role of Probation in Juvenile Prosecutions

The Probation Department almost immediately steps in when a juvenile is brought to family court for an alleged violation. At the first hearing, a juvenile offender is typically interviewed by a probation officer, who will decide whether the case should proceed or whether the minor should be released and monitored. A defense attorney will normally accompany the child for this interview.

If the Probation Department decides the case should continue, then it will be forwarded to the court and prosecutor. Then, the judge will determine if the child should be released or held in custody until the matter is resolved.

A successful defense attorney during this time may convince the probation officer to recommend the case be dropped or that the juvenile be released and monitored as opposed to prosecuted. Probation will serve its typical role after prosecution, resulting in the probation officer monitoring and supervising the minor’s release and compliance with the probation conditions.

What are Other Common Defenses for Juvenile Drug Charges?

Many possible defenses can be used to attempt to avoid drug charges. An alleged offender may challenge a drug-related charge on the basis of an affirmative defense, which means the defendant will introduce his or her own evidence to show they were acting legally or that the prosecution has no case. Common defenses used will be listed below and discussed in greater detail.

Unlawful Search and Seizure

The Fourth Amendment in the United States Constitution protects citizens from the government by outlining certain circumstances in which it is legal for authorities to search a person’s body or property. This type of challenge is common when dealing with drug crimes and their defense.

Illicit substances that are found in plain view can be seized and submitted as evidence in a drug case, but substances found through illegal means can be excluded as evidence by the court. Evidence found in an unlawful search can be a huge pillar to the prosecution’s case, so the government will often drop a criminal case if it is found that the police have violated a person’s Fourth Amendment rights.

Crime Lab Analysis

The prosecution is responsible for proving that a seized substance is the illicit drug that matches the charge by sending the drug to a crime lab for analysis. A defense attorney may be able to raise questions regarding errors or discrepancies in the analysis report and may have the analyst testify at trial to prove their methods and the type of drug in the results.

Chain of Custody

After drugs are seized following an arrest, they are typically secured in an evidence room or locker. An attorney will be able to challenge whether the drugs that are presented as evidence are the same ones removed from the defendant.

Another chain-of-custody defense involves the accusation that the police officer who handled the drugs during the investigation did so improperly.

Entrapment

Entrapments occur when an officer or other informant induces a person to commit a crime that otherwise would not have been committed. If an officer harasses or threatens a person into committing a drug crime, entrapment is a suitable defense.

What are the Possible Lifelong Consequences of a Juvenile Criminal Record?

Jailtime and probation are not the only possible consequences for juvenile offenders. Minors who have a record can face issues throughout their lives in the following areas:

• Employment opportunities
• Housing consequences
• College admissions
• Foster parenting/ Child care
• Possession of firearms
• Military service/ Law enforcement
• International travel
• Driver’s license
• Voting rights
• School activities
• Enhancements

Do I Need an Attorney?

If you or your child has been accused of a drug crime, you need immediate legal help you can depend on. When your child’s future is on the line, call Passalacqua & Associates, LLC today at 315-277-3548 or fill out a contact form for a free consultation.

What is Considered a Felony?

According to New York State courts, a felony is the most serious type of crime. A person found guilty of a felony may be sent to prison for one year or up to a lifetime sentence. Felonies in New York adhere to the state’s penal code to distinguish violent and non-violent offenses, which each carry their own standard penalties. Punishments associated with violent felonies are set for a predetermined amount of time, whereas nonviolent offenses typically adhere to a time range for a first-time offender.

What Additional Penalties Accompany Felony Offenses?

Imprisonment, fines, and probation are common punishments that follow a felony offense. However, a felony may also incur the loss of the following rights:

• Barred participation as a juror
• Prohibition from future firearm purchases
• Ineligibility from voting, also known as felony disenfranchisement
• Ineligibility from receiving welfare benefits
• Ineligibility from federally subsidized housing
• Revocation or exclusion of certain operator or professional licenses

What Are the Felony Classes and Charges in New York?

The State of New York divides felonies into five separate categories, with each charge carrying a maximum sentence. Multiple charges and prior offenses and convictions will significantly impact sentencing guidelines.

Class A Felony

Class A felonies are considered the most serious and can carry the longest sentence of life without parole. This class includes crimes such as murder, kidnapping, and some drug offenses. The minimum sentence for a violent, class A felony is 15 years to life imprisonment. It is important to note that drug felonies are further divided into A-I and A-II categories, with A-I being the more serious class of the two.

Class B Felony

Class B felonies are considered the second most severe felony within the state of New York. This class includes violent crimes such as rape, robbery, burglary and non-violent crimes such as grand larceny and certain drug offenses. Class B violent felonies impose a minimum sentence of five years in prison and up to 25 years imprisonment.

Class C Felony

Class C violent felonies can include robbery, burglary, and non-violent offenses such as drug charges, grand larceny, possession of a forged instrument, and possession of stolen property. Violent crimes in this class carry a minimum of 3.5 years in prison and up to 15 years imprisonment. A non-violent crime enforces a maximum of 5-15 years in prison with the possibility of probation.

Class D Felony

Class D felonies are the second least significant felonies recognized in New York and may include specific gun possessions, robbery, and burglary. Most crimes within this class are considered non-violent; however, certain assault and weapons possession charges are considered violent. This class typically does not carry a mandatory prison sentence unless the offender is a prior felon. Sentences can include up to seven years in state prison, sentences in a county jail, or probation.

Class E Felony

Class E felonies are considered the least serious felonies and may result in up to four years in state prison. First-time offenders receive no minimum sentences, and they may receive a probational sentence or a conditional discharge. Class E felonies are typically non-violent unless they involve an attempt to commit a violent class D felony. A long list of crimes are considered Class E felonies, including child abandonment, arson, insurance fraud, and stalking.

What is a Felony Enhancement?

An enhancement means additional penalties for an offense and includes the following:

• Prior violent felony: The State of New York imposes higher minimum and maximum terms for offenders who have been sentenced for a previous felony within the past ten years.
• Three strikes: Similar to other states, New York has enacted a three strikes law requiring a judge to order a life sentence with the possibility of parole for a person convicted of a third violent felony.
• Gun use: An offender will receive a longer sentence if a gun is used during certain felonies committed within the state.

What Defenses are Used in Felony Cases?

Most states recognized five common defenses against felony charges. The defenses are:

• Alibi: An alibi defense uses evidence to prove that the alleged offender could not have committed the crime because they were in another place when the crime transpired. Evidence to support an alibi can include eyewitnesses, video footage, or timestamped documents such as receipts or time cards.
• Self-defense: A person may act in self-defense in the following situations:
  • When there is a reasonable belief of imminent danger or bodily injury
  • When there is a reasonable belief that immediate force is necessary to defend against imminent peril and
  • When the individual has used no more force than necessary to defend against the imminent danger
• Consent: Consent involves an alleged victim willfully agreeing that a specific act takes place. Evidence used to establish consent includes witness statements and video footage.
• Challenging the validity of a charge: There are two common ways to challenge a charge’s validity:
  • Mistake of fact: The alleged offender made a mistake that negates an element of the crime and
  • False accusations: The alleged offender was accused of a crime that he or she did not commit
• Constitutional rights violation: An alleged offender may contest charges by proof that officers violated their constitutional rights, such as:
  • Arresting the accused without probable cause
  • Coercing a confession
  • Arresting the accused after an unlawful search and seizure
  • Failing to read the accused his or her Miranda rights

Do I Need an Attorney?

If you are facing felony charges, you will absolutely be fighting for your freedom and, potentially, your life. Call Passalacqua and Associates, LLC at 315-277-3548 or fill out a contact form for a free consultation.

If You Are Charged With Murder, What Are Your Rights?

What constitutes murder in the State of New York? If you are charged with murder, what are your rights? What measures can you take to contest a murder charge? And when should you reach out to a Syracuse homicide attorney for the defense representation you’ll need?

Murder is generally defined as killing someone intentionally, unjustifiably, unlawfully, and with “malice aforethought.” In 2022, 433 murders took place in New York City. In that same year, 76 murders took place in Rochester, 18 in Syracuse, and three murders were reported in Utica.

Defendants who are convicted of a murder charge in New York face a possible life sentence. If you are charged with murder in or near the Syracuse or Utica area, you must be defended by a Syracuse homicide lawyer, and you must contact that lawyer as quickly as possible.

How is Murder Defined in This State?

New York recognizes two degrees of murder: first- and second-degree murder. A premeditated killing is charged as first-degree murder. If there’s no evidence that the killing was premeditated, the charge is second-degree murder. Aggravated murder is the charge when someone:

1. intentionally causes the death of a law enforcement officer who was performing official duties
2. intentionally causes the death of an emergency medical technician, ambulance driver, firefighter, physician, paramedic, or registered nurse who was responding to an emergency
3. intentionally causes the death of a state correctional facility employee who was performing official duties
4. causes the death of a child under the age of 14 in a particularly cruel manner, such as torture

What is “Felony” Murder in New York State?

Murder charges in New York include what the law calls “felony” murder. Felony murder refers to a murder committed while an assailant is committing or attempting to commit another felony or is in immediate flight from committing or attempting to commit another felony.

Let’s say you rob a convenience store with an accomplice, and during that robbery, your accomplice shoots a gun in the air to frighten the cashier. The bullet ricochets and kills a bystander. You could be charged in this state with felony murder in the second degree.

However, if someone is intentionally killed during the commission of a felony – if your accomplice in the convenience store robbery killed the cashier, for example, for moving too slowly – you could conceivably be charged with first-degree felony murder.

What Defenses Can Be Offered Against Murder Charges?

If you are charged with murder, a Syracuse homicide attorney will defend you by investigating the details of the charge, finding flaws or weaknesses in the prosecution’s case, and preparing an aggressive, effective defense.

Your Syracuse homicide lawyer may also consult with forensic experts, psychologists, private investigators, and other professionals and experts. Depending on the details of the case, your lawyer may offer one of these defenses to a murder charge:

1. The death was accidental and caused by circumstances that do not constitute murder.
2. The death was a justifiable homicide. You were protecting yourself or someone else.
3. You lacked any intent to cause the death of the victim.
4. A mental defect or disease or an extreme emotional disturbance caused your action.
5. You’ve been misidentified, another person committed the crime, and you are innocent.

How Will Your Homicide Attorney Handle Your Defense?

If a New York prosecutor’s murder case against you is convincing and your conviction is a foregone conclusion, your defense lawyer may negotiate a plea deal. In most plea bargains, a defendant enters a guilty plea to a lesser charge and receives a reduced or alternative sentence.

Consider any plea bargain offer carefully and discuss it with your attorney. However, if you are not guilty of murder, you have the right to a trial by jury. If you are the defendant in a murder trial, your future will literally be at stake. You must be represented by an attorney you trust.

At a murder trial, your defense attorney may call on expert witnesses to provide testimony that strengthens your defense. Your attorney will cast doubt on the state’s witnesses and evidence, offer the court an aggressive defense on your behalf, and ask the jurors to return an acquittal.

What Else Should You Know About Murder Charges in New York?

If you become the target of a murder investigation, or if you are placed under arrest for murder, exercise your right to remain silent, and do not answer any questions asked by prosecutors or police officers before you consult your attorney. Don’t try to act as your own attorney, either. Nothing in the criminal justice system is more serious than a murder charge.

There is no longer a death penalty in the State of New York, but any murder defendant may be penalized upon conviction with life in prison. Under state law, the lightest sentence for a second-degree murder conviction in New York is fifteen to twenty-five years.

If you’re charged with murder in the Syracuse or Utica area, don’t trust your fate to an untested or inexperienced attorney. You must be represented by a Syracuse criminal defense lawyer who has substantial experience representing murder defendants and handling murder trials.

If the Charge is Murder, Who Should Defend You?

If you are facing a murder charge in the Utica or Syracuse area or anywhere else in New York State, you should be represented and advised by professionals who have established a reputation for legal excellence – the Syracuse criminal defense team at Passalacqua & Associates.

We are award-winning criminal defense attorneys with more than thirty years of experience fighting for defendants who have been accused of the most heinous criminal offenses. We bring that experience and a proven record of success to every case and every client.

If you’re charged with murder or with any other violent crime in the State of New York, now or in the future, contact the legal team at Passalacqua & Associates immediately by calling 315-277-3548 to schedule an in-depth evaluation of your case without cost or obligation.

What is Your Recourse if You Are Charged With a Petty Crime?

If you are charged with a minor crime or a petty offense in or near the greater Syracuse area, your immediate priority is finding the right defense attorney. You must contact the offices of a Syracuse petty crimes attorney at once.

The courts in New York usually provide pretrial intervention programs for defendants with no previous criminal record who are charged with minor crimes. Pretrial intervention programs offer qualified defendants a way to avoid jail and avoid establishing a criminal record.

What Should You Know About Pretrial Intervention Programs?

If you are a first-time offender charged with a petty offense or a misdemeanor, your attorney can ask the court to approve you for a pretrial intervention program. If you successfully complete the program, the case against you will be dismissed and you will not have a criminal record.

The courts in New York understand that incarceration is not always the appropriate answer in every case. Especially for young people charged with minor crimes and adults who have no previous criminal history, pretrial intervention may provide the best resolution.

Pretrial intervention programs cost the taxpayers far less than jails and jury trials, and pretrial intervention also gives first-time offenders the chance to perform community service and the opportunity to compensate victims through restitution.

What Does Pretrial Intervention Require?

In some cases involving petty offenses and misdemeanors, the defense and the prosecution will agree that a defendant qualifies for a pretrial intervention program. In contested cases, both sides may offer evidence about whether incarceration or pretrial intervention is best for the defendant.

Pretrial intervention requires a defendant to admit guilt, and the court orders the defendant to participate in a program that is personalized for that defendant. If a charge involves drugs, detox and counseling may be ordered. For a traffic violation, driver’s ed classes may be required.

A defendant who is approved for pretrial intervention must routinely meet with a probation officer who ensures that the terms and conditions of the intervention program are being satisfied. In many cases, a defendant can participate while residing at home and staying employed.

Pretrial intervention programs typically take from twelve to twenty-four months. If a defendant successfully completes the program, the charge is dropped, the case is dismissed, and the incident does not create a criminal record.

What Are the Pros and Cons of Pretrial Intervention?

A misdemeanor conviction establishes a criminal history that may make it difficult to find work or housing, obtain a loan, or qualify for public benefits. Pretrial diversion allows you to avoid creating a criminal record and having to deal with the difficulties a criminal record creates.

However, if you’re offered a pretrial intervention program, there are also risks, and you should discuss those risks with your Syracuse criminal defense lawyer. For example, pretrial intervention programs are usually paid for by defendants, and some programs are quite costly.

Some programs may also entail requirements that take you from your work or other responsibilities. Finally, if you fail to complete successfully a pretrial intervention program, your case will go back to court, where you could be convicted and receive the maximum sentence.

Are There Different Types of Pretrial Intervention Programs?

In the State of New York, pretrial intervention and diversion programs include but are not limited to:

• Drug courts: New York has established special courts to address cases involving substance and drug abuse issues. Qualified defendants may receive treatment, counseling, and support services instead of criminal penalties.
• Mental health courts: Some New York jurisdictions have established mental health courts that focus on defendants who are struggling with mental health issues. These courts connect defendants to the appropriate mental health treatment and services.
• Youthful offender programs: For defendants who were under 19 years old when the offense was committed, New York has also established programs that offer rehabilitation and alternative sentencing options.

Based on the particular details of your case and the specific programs that are available in your jurisdiction, a Syracuse petty crimes attorney can advise you regarding a pretrial diversion and intervention program that may be appropriate for you.

What if You Are Not Guilty?

Of course, you should not need pretrial intervention or diversion if you’ve been wrongly accused and you are innocent of any crime or petty offense. If you’re certain that you are not guilty, tell your Syracuse criminal defense lawyer, and insist on exercising your right to a trial.

If you go to trial with a misdemeanor case, your defense attorney will prepare a defense strategy that is both aggressive and effective. Your attorney will cast doubt on the state’s evidence and witnesses, offer your defense, and explain to the jurors why they should find you not guilty.

A petty offense in New York is not a criminal charge, so it does not entail the right to a jury trial. Nevertheless, if you are charged with a petty offense, and you did not commit that offense, your lawyer will explain to the judge why you are not guilty and ask the judge for an acquittal.

But if you are guilty as charged, and if you are offered a pretrial intervention program, while there are risks, you should almost always take advantage of the help, treatment, and counseling that the State of New York is offering you.

Put Your Case in Our Hands at Passalacqua & Associates

Criminal convictions often entail lifelong ramifications. However, if you’ve been arrested in the Syracuse or Utica area, and you’ve never before been charged with a crime, you may qualify for a pretrial intervention program. Let Passalacqua & Associates represent you.

The award-winning attorneys at Passalacqua & Associates have decades of criminal defense experience. We know what it takes to win the best possible outcome in your case, whether that outcome is an acquittal, probation, or pretrial intervention and diversion.

If you are in or near the Utica or Syracuse area, and if you’re currently charged with a petty offense or misdemeanor – or if this happens in the future – call Passalacqua & Associates immediately at 315-277-3548 and schedule a no-obligation, no-cost evaluation of your case.

Are You Facing a Petty Crime or Misdemeanor Charge?

If you are charged with a petty offense or with a misdemeanor in or near the Utica or Syracuse area, you will need the advice and services that a Syracuse misdemeanor defense attorney provides, and you will need to reach out to that attorney as quickly as possible.

Petty offenses in New York include a number of traffic violations and offenses like disorderly conduct and disturbing the peace. A misdemeanor is a crime that does not entail the possibility of prison but may be penalized upon conviction with a maximum sentence of one year in jail.

If you are charged with a petty offense or a misdemeanor in this state, you must take the charge seriously and contact a Syracuse petty offense lawyer at once. A misdemeanor or petty offense conviction will not send you to prison, but you could serve time in jail and pay a costly fine.

What Should You Know About Petty Offenses?

Petty offenses are the least serious offenses in the state’s justice system, and convictions for petty offenses are not considered criminal convictions. Nevertheless, the penalties for a petty offense conviction may include:

1. up to fifteen days in jail (or up to forty-five days for some repeated petty offenses)
2. fines, restitution, state surcharges, and/or
3. community service

If you are charged with a petty offense, the police will not take your fingerprints or photograph. Because petty offenses are not considered criminal offenses, defendants do not have the right to a jury trial. When a defendant is convicted of a petty offense, that conviction is typically sealed, which means that it cannot be seen by prospective landlords or by most prospective employers.

What Should You Know About Misdemeanors?

Misdemeanors in New York are categorized as Class A misdemeanors, Class B misdemeanors, or unclassified misdemeanors. The sentence for an “unclassified” misdemeanor conviction depends on the details of the conviction but may include up to a year in jail and other penalties.

The sentence for a Class A misdemeanor conviction in this state may include up to a year in jail, probation for up to three years, and a fine of up to $1,000. A conviction for a Class B misdemeanor in New York State may be penalized with up to ninety days in jail.

Misdemeanor convictions appear on routine background checks conducted by prospective employers and landlords. However, misdemeanor convictions in New York State can usually be sealed after a period of ten years with help from a Syracuse misdemeanor defense attorney.

With only rare exceptions, New York does not expunge criminal convictions, and sealing a conviction does not destroy your criminal record. That record may still be seen by prosecutors, police agencies, and any agency in New York State that issues gun permits or firearm licenses.

What Should You Do if You’re Placed Under Arrest?

If you’re charged in or near the Syracuse or Utica area with a petty offense, you will probably not be arrested. Instead, you may be given a Criminal Court Summons instead of being taken to jail.

However, if you ignore a Criminal Court Summons, and you fail to appear in court, a warrant may be issued for your arrest, and your legal difficulties will become more serious. If you are placed under arrest for any reason, be polite and do not resist the police, but exercise your rights.

You don’t have to answer any questions the police ask you, even if you’ve been detained, arrested, or you’re already in jail. If you are charged with a misdemeanor or a petty offense, promptly contact a Syracuse petty offense lawyer for the legal advice and services you will need.

What Else Should You Know About Petty Offenses and Misdemeanors?

While you’re waiting for your case to be resolved, do not speak about your case to anyone except your attorney, and don’t even consider acting as your own attorney. The law is too complicated, and any mistake that you make could land you in jail, even for a petty offense or a misdemeanor.

Don’t admit anything to police officers or prosecutors, and do not agree to any “deal” before you’ve consulted your Syracuse criminal defense attorney. Then, let your defense attorney do the negotiating and talking on your behalf.

How Will Your Attorney Represent You?

Your attorney’s first step may be seeking to have the charge against you dropped by the prosecutor or to have the case dismissed by the court. If the charge can’t be dropped and the case cannot be dismissed, your attorney may negotiate for a plea arrangement that you can live with.

However, if you’ve been charged with a misdemeanor and you are innocent of the charge, you have the right to a trial by jury. If the case goes to trial, your attorney will cast doubt on the prosecution’s case, offer evidence in your defense, and ask the jurors to find you not guilty.

Your attorney will discuss and protect your rights, explain your legal options, fight for your best interests, and bring the case to its best possible resolution. You’ll be convicted of a petty offense or a misdemeanor only if the state can prove beyond a reasonable doubt that you’re guilty.

When You Need a Defense Lawyer’s Help, Call Passalacqua & Associates

If you are charged with a petty offense or a misdemeanor in the Utica or Syracuse area, where can you turn for help? Passalacqua & Associates has more than three decades of experience prevailing on behalf of those charged with petty offenses and misdemeanors in this state.

With law offices located in Syracuse, Utica, and Rome, Passalacqua & Associates will ensure that you’re treated justly and fairly by the court, whether you are charged with a petty offense, a misdemeanor, or a serious felony.

To learn more about your legal rights in New York State, or to secure the legal services you need right now, call us at 315-277-3548. The Passalacqua & Associates legal team will provide an initial evaluation of your petty offense or misdemeanor case with no cost or obligation.

The Role of Companies in Protecting Consumers

In America, consumers expect to receive quality products when they make a purchase. Unfortunately, this doesn’t always happen. In fact, some products actually present dangers to those who purchase them. And when a person suffers an injury due to this, the role of product recalls in defective product liability cases can be broad and dynamic.

Recalling defective products is an important step for companies upholding their duty to protect consumers. It’s expected that people should get what they pay for, but consumer safety laws add an additional element. Put simply, manufacturers and others involved in the creation and distribution aspect of commerce have a legal responsibility to not endanger citizens.

When they fail and have to issue a product recall, it can have major implications on potential personal injury cases.

How Recalls Affect Product Liability Cases

Product recalls serve various purposes. Unbeknownst to many, this includes a few positive outcomes for those injured by defective products. That’s because recalls can serve as evidence of negligence, knowledge of fault, and a failure to comply with regulations. Each of these components can be incredibly beneficial in personal injury cases.

Evidence of Defect

When someone is injured due to another party’s negligence, they shoulder the burden of proof. It’s their responsibility to show that someone else’s wrongful acts resulted in their injuries or losses. This can be a complicated task — particularly when it’s necessary to prove that a product was defective enough to cause injury.

Fortunately, this becomes much simpler when a product recall takes place. Recalling a product can serve as evidence of a defect on its own. It’s essentially an acknowledgment by the manufacturer that their product poses some safety risk. This can support the plaintiff’s claim that their injury was caused by the defective product.

Evidence of Manufacturer Knowledge

The role of product recalls in defective product liability cases goes far beyond supporting the claim that a defect existed. In addition, these recalls show that manufacturers had knowledge of these defects. This knowledge is crucial when proving liability — whether through establishing negligence or strict liability in a personal injury case.

Put simply, this knowledge shows that the defect was either known of or should’ve been known of. Additional evidence may also prove that this knowledge was established long before the recall took place. When this occurs, companies may face additional legal issues. This includes the potential for punitive damages as punishment for egregious actions.

Insurance Complications

When someone suffers an injury due to another party’s negligence, it’s often not the negligent party that pays compensation. Typically, it’s their insurance company. Companies may rely on their policies to protect them financially when their products harm someone, but it’s possible that insurers may try not to pay.

This is a common problem with claims denials. However, this issue may go beyond insurers trying to avoid paying what they owe. In some instances, the liable company may not have coverage due to policy exceptions, late reporting, and failure to issue a recall in a timely manner. This can create major problems best handled by a legal professional.

Compliance With Regulations

Recalls can also play an important role in product liability cases by exposing whether the company in question is compliant with government regulations. This is true in multiple ways. First, a recall may showcase that regulations were ignored during the manufacturing process. This is a common underlying cause of product defects.

The timing of a recall — or whether one is issued at all — can also affect personal injury cases. Regulations require that companies issue recalls when it becomes clear that a product is unsafe for the public. Failure to do this in a timely manner or refusal to issue a recall can further establish negligence on part of the company.

Can Product Recalls Complicate Injury Cases?

Clearly, the role of product recalls in defective product liability cases is overwhelmingly positive. However, such recalls can occasionally complicate matters — or at least hinder an injury victim’s ability to secure compensation. For instance, a consumer may be seen as negligent themselves if they continue using defective products after a recall is issued.

In some jurisdictions, this negligence could actually disqualify an injury victim from being compensated. Additionally, it’s possible that damages may be minimized by a recall due to the appearance that the liable party took proactive measures. Even the publicity behind a recall can affect a case — with liability potentially being reduced if it’s well-publicized.

Put simply, the role of product recalls in defective product liability cases can be complicated. While such an action from manufacturers and other potentially negligent parties can prove beneficial, the reality is that they add a sometimes complicated element to a case. This is why it’s typically advisable to speak with an experienced legal professional.

Should You Accept a Settlement?

The overwhelming majority of personal injury cases are resolved with settlement offers — at least in cases where victims are granted compensation. However, it will sometimes be necessary to file litigation in order to secure financial recovery. This typically results in higher compensation amounts, but is a lawsuit always the right approach?

This is a complicated question, and it’s one typically best discussed with your attorney. That’s because the answer can vary based on the unique circumstances of your case. One of the roles of product recalls in defective product liability cases is that they sometimes increase the likelihood of a fair settlement. After all, companies often want to avoid further negative publicity.

This means it’s often possible to get a quick and fair outcome in your personal injury case. However, there will be times when negligent parties refuse to properly compensate you. At Passalacqua & Associates, LLC, we’re here to help in these situations and many others. Contact us at 315-277-3548 to schedule your free consultation.

Evidence Means Everything in Personal Injury Law

Some people are involved in auto accidents where no complex issues occur. This is often the case when no injuries result, or in simple collisions involving only one or two automobiles. However, things get more complicated when there are additional motorists involved. So, how do you prove negligence in multi-vehicle collision claims?

It all comes down to the evidence. It’s necessary to show that other drivers directly contributed to the accident along with your injuries and losses. Unfortunately, a personal injury case involving multiple negligent parties can get complicated even when clear evidence is available. After all, how do you divide liability in such a case?
Fortunately, there are established methods for doing so.

What Must Be Proven to Establish Negligence?

There are many ways to prove liability in multi-vehicle collisions. Traffic cameras, accident reconstruction, witness testimony, and many other evidentiary sources can prove invaluable. However, such evidence only has value if it’s successful at establishing the elements of liability in a personal injury case. These elements include:

Duty of Care

Any personal injury claim requires showing that negligent parties had a duty of care. This is essentially a responsibility to avoid wrongful acts that could harm others. All motorists on American roadways have a duty to drive safely and not engage in actions that increase the risk of accidents.

Violation of Duty

If you can prove that someone violated a duty of care, you’ve essentially established that negligence has occurred. This element of liability could be anything from speeding to drunk driving. Any negligent, reckless, illegal, or other wrongful act can serve to prove both negligence and liability.

Causation

Proving that someone violated a duty of care is essentially how you prove negligence in a multi-vehicle collision claim. However, negligence does not always translate to liability. It’s also necessary to show that the negligent or wrongful act was a direct cause of the accident.

Damages

Being involved in a car accident isn’t enough to justify personal injury compensation. In addition to proving that a person’s duty of care violation caused your accident, it’s also necessary to show that you suffered damages. Such damages could include pain and suffering, medical bills, lost income, emotional distress, and other problems stemming from the accident.

Gathering Evidence to Prove Your Case

To establish the elements of liability, you’re going to need convincing evidence. Such evidence could show that someone violated traffic laws, or perhaps they acted negligently by failing to maintain control of their vehicle. Regardless of the underlying circumstances that led to your multi-vehicle collision, there are many types of evidence you can use to support your case:

• Police reports: These often contain crucial information about the accident — ranging from visual evidence to driver and witness statements. These reports will also have a preliminary assessment of fault
• Eyewitness statements: Accounts from witnesses of the collision can provide valuable perspectives on the accident and how it unfolded
• Surveillance and traffic cam footage: Any video evidence that captured the actual events leading up to the collision can greatly simplify the task of proving negligence in multi-vehicle collision claims
• Videos and photographs: If you were able to take visual documentation of the accident scene, road conditions, vehicle positions, and other evidence, you’ll have an incredibly useful resource in your claim
• Accident reconstruction reports: Multi-vehicle wrecks are typically far more complex than single or two-vehicle collisions. Therefore, it’s often necessary to seek out the services of accident reconstruction experts
• Medical records: Records, bills, and reports stemming from your medical evaluation and treatment are necessary for proving that you experienced losses and injury
• Repair estimates and bills: Providing evidence of additional expenses will also show how much you lost due to the actions of negligent parties

When you’re trying to prove negligence in a multi-vehicle collision claim, you’re probably going to need more evidence than in most cases. After all, you’ll have to show not just that one person was liable for your losses — but that multiple parties played a role. Unfortunately, even this isn’t the end of your troubles. There are a few other legal considerations that could cause issues.considerations.

Additional Legal Considerations

Gathering sufficient evidence is critical in your quest to prove negligence in multi-vehicle collision claims. However, there are other legal considerations that you should account for. For instance, comparative negligence laws mean that fault could be divided between multiple at-fault parties — including in situations where the injury victim shares some level of blame.

It’s also worth noting that some states practice joint and several liability. This means that an injury victim can collect the full amount of damages from a single party rather than having to go after multiple parties to recover compensation. This can be incredibly useful when certain liable parties do not have financial resources or adequate insurance.

However, keep in mind that there are nuances to all these legal issues. Due to the potential complexity of such matters, it’s critical to get started on the path to recovering damages as soon as possible. The longer you wait, the more difficult it may become to hold negligent parties accountable and secure fair compensation.

Starting the Path to Personal Injury Recovery

Personal injury is a complex area of the law. Even when only two parties are involved, issues of liability and damages can become very complex. And when you add in other potentially negligent parties, it’s critical to start working towards a fair resolution immediately. There are statutes of limitation involved, so there’s no time to procrastinate.

To get started, you want to seek medical attention and legal assistance as soon as possible. Medical care will ensure that your injuries are properly documented so you can be fairly compensated. Working with a car accident attorney will help you understand your rights, and a legal professional can also simplify the complex issues of shared liability.

If you need help understanding how to prove negligence in multi-vehicle collision claims, the legal team at Passalacqua & Associates is here to help. Contact us at 315-277-3548 to schedule your free case evaluation.

Evidence Means Everything in Personal Injury Law

There are times when a car crash doesn’t lead to complex legal issues. However, this is typically only the case when no one suffers injuries or substantial financial loss. When this happens, there are evidentiary standards that must be met in order to secure compensation. It’s in these cases that people begin to recognize the importance of accident reconstruction in determining liability in traffic accidents.

If you’re the victim of a vehicular collision, you must prove that other parties are liable by a preponderance of the evidence. This isn’t as strict as evidence rules in criminal cases, but meeting this threshold still requires enough convincing evidence to support your case. Accident reconstruction isn’t the only way to do this, but the process can provide a powerful tool for securing fair compensation.

Providing an Objective Analysis

One of the primary ways that accident reconstruction assists in determining liability in car accidents is by providing an objective analysis. Everyone who’s involved in a personal injury claim — which can include insurers, defendants, injury victims, government agencies, and more — has an underlying motive. Put simply, it’s difficult for them to be objective.

Fortunately, accident reconstruction doesn’t care about these motives. It focuses on the facts and can provide a fair analysis of what the physical evidence from the accident scene actually means. Skid marks, debris, road conditions, and vehicular damage all tell a story, and accident reconstruction experts can help translate this story.

Laying Out the Sequence of Events

Accident reconstruction allows experts to piece together the series of events that led up to, occurred during, and took place after the collision. This timeline can prove invaluable for a variety of reasons. For instance, it’s possible to identify the actions of each driver to determine if any specific traffic violations occurred.

For example, an accident reconstructionist may look at the point of damage and skid marks at the scene of the collision. From the point of damage, they can determine that a vehicle was struck while making a left-hand turn. Additionally, the length of the skid marks may show that the other driver was going 10 miles above the speed limit.

In this scenario, the reconstructionist can see that one driver was going too fast through the intersection while the other failed to yield. This sequence of events shows that both motorists have some level of liability, and this can play a significant role in whether compensation is granted along with how much is awarded.

Simplifying Complex Issues

Some collisions are not complicated. However, many do involve complex issues. This is typically the case in multi-vehicle collisions or accidents involving cyclists, motorcycles, and pedestrians. In these and other wrecks where there are questions as to what happened, a reconstruction expert can help clarify matters.

It can be difficult to understand the complexities and interactions between the various parties involved in a collision without expert analysis. Few people realize it, but multiple parties could be liable for an accident even when only two vehicles were involved. An accident reconstructionist and car accident attorney can help clarify such complex issues.

Providing Support of Witness Testimony

Eyewitness testimony plays a significant role in civil law matters. Unfortunately, many studies have shown that such testimony is often unreliable. This can be particularly true in auto collisions, as people are often highly stressed when chaotic events unfold around them. This is another instance when the importance of accident reconstruction becomes apparent.

When you bring in a professional who can scientifically break down exactly what happened, it can either contradict or corroborate witness testimony. The combination of evidence in any case is greater than the sum of each individual piece of evidence. An accident reconstruction expert can show that the other party was directly liable for your injuries.

Highlights Any Contributing Factors

To determine a fair liability assessment — whether during settlement negotiations or litigation — it’s necessary to highlight contributory factors. In some cases, this may be as simple as showing that the at-fault driver was not paying attention and rammed into a vehicle at a stop sign.

However, they may also discover other factors — such as low visibility, mechanical failures, and hazardous road conditions — that could provide a broader understanding of liability in the case. For instance, it may be possible to show that the at-fault driver was unable to stop as quickly as they could due to puddling water on the roadway.

Clearly, roads get wet — but what if a known drainage issue was to blame for the excessive pooling of water? In such a situation, it may be possible to show that the local government is partially to blame for failing to maintain safe highways. Put simply, you don’t want to overlook the liability of any party — and a reconstruction expert can make sure that you don’t.

Expert Testimony

The evidence generated by accident scene reconstruction can prove invaluable in a personal injury claim. In some instances, it can lead to a quick settlement and avoidance of complex litigation. In other situations, it can give judges and juries a true accounting of what happened. However, it’s the accident reconstructionists themselves who will be most important.

A bunch of photos, graphs, and diagrams can be informative, but it’s typically necessary to have an expert who can translate what these things mean. Reconstruction experts’ opinions can be critical during legal proceedings. These professionals showcase the importance of accident reconstruction in determining liability in traffic accidents.

However, these aren’t the only professionals that can prove helpful in your personal injury case. Those who seek legal counsel receive higher compensation on average. At Passalacqua & Associates, we’re here to secure favorable outcomes on behalf of our clients. Contact us at 315-277-3548 to schedule a free case evaluation.

Can Social Media Posts Become Evidence in a Criminal Trial?

More than four out of five police detectives have found evidence online that became part of a criminal investigation. If you are charged with a crime in the Syracuse area because of something you posted online, you must contact a Syracuse criminal defense attorney immediately.

As you probably know, millions of people use social media sites like Snapchat, Twitter, and Facebook to share comments, photos, and videos about their daily lives. However, this casual openness can hurt you if you are accused of committing a crime.

In a criminal prosecution, the state’s task is to prove that you are guilty as charged beyond a reasonable doubt. If there is anything online indicating that you have been involved in criminal activity, a prosecutor may use your social media comments, photos, and videos against you.

How Do Criminal Investigators Use Social Media?

If you are the target of a criminal investigation, the police and prosecutors will gather evidence that can be used against you, and this includes any evidence they find on your social media accounts.

You may use the privacy settings, and you may be thinking that what you’ve posted is private, but nothing online is ever truly fully private. Even comments, photos, and videos that you have deleted or marked as private can be uncovered by investigators and used against you.

Criminal investigators sometimes create false identities online or fictitious Twitter and Facebook accounts to seek evidence. Social media posts can be used, for example, to disprove an alibi, to demonstrate a motive, or to create a timeline of the events that led to a crime.

Prosecutors also use social media to look for contradictions that could weaken a defendant’s case. For instance, if you claim to have been somewhere at a specific time, but social media shows you were somewhere else, the prosecution can claim that your testimony is unreliable.

What Kinds of Evidence Can Be Found on Social Media Sites?

Social media can leave a trail of evidence that can point to a defendant’s guilt. Direct messages and private text threads may be subject to subpoena and used against you at trial. Deleted messages, emails, and text messages can also be uncovered and used against you.

Your social media accounts may offer criminal investigators a picture of your life and activities. Your previous behavior – even if it is not directly related to the specific crime you are charged with – could paint a picture of you that may not be very helpful to you in a criminal case.

If there are pictures or videos online of wild or drunken behavior, for example, you will have a hard time fighting a driving while intoxicated (DWI) charge. If there are pictures of your gun collection or pictures of you brandishing weapons, it will be difficult to fight a firearms charge.

If you have conversations online with known criminals, you could become a person of interest to investigators. It’s important to avoid any and all online conversations about criminal activity. Even a joke – or anything else you post online – could be twisted and used against you.

How Can You Protect Yourself?

You should be careful about what you post and who your online “friends” and followers are. Don’t accept friend requests from anyone you do not already know. If you know that you are under investigation, discuss your case only with your Syracuse criminal defense lawyer.

Even if your social media posts make you look guilty, you must be careful about deleting those posts. Deleting something that a prosecutor is seeking could be illegal and could jeopardize your defense. Seek advice from your Syracuse criminal defense lawyer about your posts from the past.

While social media evidence is often incriminating and compelling evidence, its admissibility in a particular criminal case depends on its authenticity and other legal criteria such as the credibility, relevance, and reliability of the evidence.

Is Your Case Pending?

If you’ve been charged with a crime, or if you are being investigated for a crime, it’s best to stop using social media entirely. Do not give the prosecution anything else that could be misunderstood or twisted and used against you.

Instead, seek legal assistance at once. A Syracuse criminal defense attorney will provide the personalized legal advice you need, protect your rights, and develop a defense strategy that is appropriate, aggressive, and effective.

Your lawyer may seek to have the charge dropped or the case dismissed. If the evidence of your guilt is overwhelming, your lawyer may be allowed to negotiate a plea deal. In most plea deals, you’ll plead guilty to a lesser charge in return for alternative or reduced sentencing.

Will Your Case Go to Trial?

If you are innocent of the charge against you, and if the charge cannot be dropped or dismissed, you may insist on your right to a trial by jury. At trial, your attorney will cast doubt on the state’s evidence, explain to the jurors what actually happened, and ask the jurors to find you not guilty.

But with so many criminal defense lawyers in the Syracuse area, how can you locate a lawyer who will make your case a priority, fight aggressively on your behalf, and bring your case to its best possible resolution?

There’s no need to make an extensive search for the right attorney. The criminal defense attorneys at Passalacqua & Associates have the experience, knowledge, skills, and the determination you need.

Why Should You Choose Passalacqua & Associates?

The award-winning criminal defense team at Passalacqua & Associates has over thirty years of experience representing and fighting on behalf of criminal defendants in the Syracuse and Utica areas.

We will see to it that your rights are protected and that you are treated justly and fairly by New York’s criminal justice system. We know how to challenge evidence gathered from social media accounts, and in some situations, we can keep that evidence from being used against you at trial.

Now or in the future, if you’re charged with a crime in New York State – or under investigation for any crime that involves the internet or evidence gathered from the internet – call Passalacqua & Associates immediately at 315-277-3548. We’ll provide a no-cost, in-depth evaluation of your case without obligation.

Should You Accept a Plea Bargain?

New York’s criminal justice system can be quite intimidating, especially if it’s your first offense. If you are charged with a crime in the Utica or Syracuse area, you must be represented by a Syracuse criminal defense attorney, and you must contact that defense attorney immediately.

As the courts in this state become even more crowded, New York’s prosecutors and judges must push cases through the court system as quickly as they can. A criminal trial can last for weeks and sometimes months, but a plea bargain takes only minutes.

Trial juries are always unpredictable, but a plea bargain gives both the defense and the prosecution more control over the outcome of a case. What exactly is a plea bargain, when should you accept one, and how do they work?

What is a Plea Bargain?

A defendant’s first court appearance is called an arraignment. At an arraignment, charges are formally read to a defendant, bail may be set, and the defendant may plead guilty, not guilty, or no contest.

A plea bargain (also called a plea deal or plea agreement) is an agreement between a prosecutor and a defendant. In a typical plea agreement, a defendant pleads guilty or no contest to at least one criminal charge in exchange for:

1.  having one or more of the other charges dropped, or
2.  the reduction of the charge to a less serious charge, and
3.  alternative or reduced sentencing

Despite some restrictions, plea bargains are common. More than nine out of ten criminal convictions in the United States are the outcome of plea bargaining, so under ten percent of the charges filed by prosecutors actually lead to jury trials.

Should You Enter a “No Contest” Plea?

An important consideration in plea bargaining is deciding if you should enter a “no contest” (or “nolo contendere”) plea. A no contest plea means that while you are not pleading guilty, you have chosen not to fight the charge or charges, and you are willing to accept a conviction.

Why should a criminal defendant enter a no contest plea? If the crime victim subsequently sues the defendant in civil court, the victim then has no confession of the defendant’s guilt to offer as evidence in a civil trial.

On the other hand, a guilty plea would be an admission of guilt that a victim could offer as evidence in a civil lawsuit. Before you enter a no contest plea – or any other plea – discuss your case and your plea options with your Syracuse criminal defense lawyer.

How Does Plea Bargaining Work?

Plea bargaining happens when a prosecutor and your criminal defense lawyer discuss settling your case without a trial. A plea deal may be agreed upon at any point in the case, from even before your arraignment up until a trial jury reaches a verdict.

Prosecutors are not obligated to offer plea deals. Whether your lawyer is allowed to negotiate a plea deal is entirely up to the prosecutor’s discretion. When both sides agree to a deal, that deal must be approved by the judge. Only a judge can make a binding decision about your sentence.

What Else Should You Consider?

If you and your lawyer are allowed to negotiate a plea bargain, be careful. Many defendants choose a plea deal instead of a trial because a plea deal is faster and you can be certain of the outcome. However, you must fully understand the terms, conditions, and consequences of a plea bargain. When you accept a plea bargain, you will be waiving some of your rights, such as:

1.  your right to a trial by jury
2.  your right to confront your accuser
3.  your right to avoid self-incrimination

You’ll have to confess, publicly in a court of law, that you are guilty of a crime, and you’ll need to understand that your conviction creates a criminal record that can impact your employment, your ability to find housing, and your immigration status if you are not a United States citizen.

Depending on the nature of the crime and the details of your conviction, a number of your other rights may be affected, including your right to vote, to own a firearm, to adopt a child, to serve on a jury, to run for public office, or to receive public benefits or a student loan.

The Choice is Yours

The final choice to reject or accept a plea agreement is a defendant’s decision alone. However, you absolutely must discuss the details, advantages, and disadvantages of any plea bargain offer with your Syracuse criminal defense attorney.

In fact, you should reach out to a criminal defense attorney at once if you are charged with a crime or if you learn that you are under investigation for a crime. If you are convinced that you are innocent, you should almost always reject any plea deal and insist on a jury trial.

If the case goes to trial, your attorney will protect your rights, cast doubt on the state’s evidence, explain to the jurors why you are innocent, and ask those jurors to find you not guilty. But how can you find a Syracuse criminal defense lawyer who will fight effectively for your acquittal?

Why Choose Passalacqua & Associates?

When your future and your freedom are at stake, the defense attorney you choose can make the difference. The award-winning legal team at Passalacqua & Associates has more than three decades of experience representing those charged with crimes in the Utica and Syracuse areas.

We understand what it takes to win an acquittal at trial – and we frequently win acquittals for our clients – but if the prosecution’s case against you is strong and persuasive, one of our criminal defense attorneys will seek to negotiate the best possible plea agreement on your behalf.

In the Utica or Syracuse area, if you are charged with a criminal offense – now or in the future – contact Passalacqua & Associates immediately by calling 315-277-3548 to schedule a no-cost, in-depth case evaluation and to begin preparing a strategy for your defense.