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What Constitutes Domestic Violence in New York?

If you’ve been charged with a crime of domestic violence in the Syracuse area, or if you are the subject of a court order that is based on a domestic violence situation, you must be advised and represented – as quickly as possible – by a Syracuse domestic violence defense attorney.

Domestic violence includes spousal abuse, child abuse, and more, but domestic violence doesn’t necessarily include actual physical violence. Merely threatening physical violence and prompting the fear of personal harm are sufficient to meet New York’s legal definition of domestic violence.

Federal law bans you from buying or owning a firearm after you have been convicted of a crime of domestic violence – whether the conviction is for a misdemeanor or a felony charge – or if you are the subject of an active protection order arising from a domestic violence situation.

What is the Safe Homes and Families Act?

However, New York’s state laws regarding domestic violence and gun ownership go well beyond the federal statutes. In some cases, a police officer in this state is required to confiscate a person’s firearm(s) even if that person is not the subject of a restraining order or a criminal conviction.

Under New York’s Safe Homes and Families Act, which took effect in 2020, New York law enforcement officers who are responding to a domestic dispute may temporarily take custody of any firearm that is in plain sight or discovered during a lawful search.

Additionally, the Safe Homes and Families Act requires police officers in this state to take temporary custody of any weapon (and the license for that weapon) that is in the possession of a person who has been arrested for or who is suspected of committing a domestic violence crime.

What Else Does the Safe Homes and Families Act Require?

After 48 hours, if no order of protection has been issued (or any other order prohibiting the owner from possessing a weapon), and if no criminal charge has been filed against the owner of the weapon, the weapon must then be returned to the owner.

When a New York court issues a protection order against a gun owner, it must suspend or revoke that person’s state pistol permit if the court finds a substantial risk that the person may use or threaten to use the weapon against the person for whose protection the order has been issued.

When determining a bail amount or considering the release of someone who has been charged with a domestic violence crime, a judge must take into account the defendant’s history of using and possessing firearms as well as any current or previous violations of protection orders.

What is New York’s “Red Flag” Law?

The Red Flag Law of 2019 allows courts in this state to issue Extreme Risk Protection Orders (ERPOs). These orders keep those who may be a threat to others or to themselves from owning or purchasing firearms. Anyone may request an ERPO, but you should have a lawyer’s help.

A 2022 revision to the law allows healthcare providers who’ve examined someone within the last six months to seek an ERPO, and it requires police agencies and prosecutors to file ERPO petitions when they have information that someone is likely to harm himself/herself or others.

Since September 2022, the law in New York has also required the State Division of Criminal Justice Services to review gun permit holders’ records on a monthly basis for any new criminal indictments, criminal convictions, or orders of protection.

When Will You Need an Attorney’s Help?

If you are charged with a crime of domestic violence, if you are the subject of a protection order, or if you are charged with illegally purchasing or possessing a firearm in or near the Syracuse area, you must contact a Syracuse domestic violence defense lawyer as quickly as possible.

If you are convicted of a firearms violation in this state, you could be sentenced to prison, so it is important to understand that a firearms violation in New York is like any other criminal charge. You have the right to remain silent and the right to a defense lawyer’s representation and advice.

If you are taken into police custody and charged with a weapons violation or a crime of domestic violence, and the police officers want to question you, say something like, “I prefer not to answer any questions until my lawyer can be here,” and then say nothing more. Instead, contact the offices of a Syracuse domestic violence defense attorney as quickly as possible.

Charged with a Firearms Violation? How Can You Fight Back?

You could be accused of a firearms violation due to a misunderstanding, a misidentification, or even because someone fabricated a claim against you. In New York, the most common defense against a weapons charge is that the defendant did not actually possess the weapon in question.

If you are charged with a weapons violation in the Syracuse area or anywhere else in New York State, you must be defended – aggressively and effectively – by a Syracuse criminal defense attorney who has substantial experience representing defendants charged with these crimes.

In these cases, to win a conviction, a prosecutor must link the defendant directly to the firearm, and if no link can be established, the prosecution’s case will probably fail. If you’re charged with a firearms violation, your lawyer will fight to uncover the truth and to win justice on your behalf.

Passalacqua & Associates Will Provide the Legal Help You Need

More than four thousand domestic violence incidents were reported to law enforcement agencies in Onondaga County in 2022. Many of those who were placed under arrest were innocent, but whether you are innocent or guilty, if you are charged with a domestic violence crime, you must be represented by a Syracuse domestic violence defense lawyer at Passalacqua & Associates.

The award-winning lawyers at Passalacqua & Associates have over thirty years of experience defending those accused of weapons violations and domestic violence. We routinely defend those who are charged with these crimes, and we fight for the best outcome for every client.

Our law offices are located in Syracuse, Rome, and Utica, but if you are charged anywhere in New York, now or in the future, with a weapons violation or a domestic violence crime, call Passalacqua & Associates at once – at 315-277-3548 – for a free, no-obligation case evaluation.

What Distinguishes Larceny From Robbery in New York?

In the Syracuse area, if you’re charged with a crime that involves stealing – a crime such as embezzlement, larceny, robbery, or fraud – you will need to be represented by a Syracuse criminal defense attorney, and you’ll need to call that attorney’s office as quickly as possible.

What are the differences between robbery and larceny? Larceny is simple theft, while robbery may include the use of intimidation, weapons, or force. Larceny does not involve intimidation, force, weapons, or illegal entry.

What Constitutes Larceny in New York?

In this state, larceny happens when someone knowingly intends and acts to deprive, either temporarily or permanently, property from its owner. The exact sentence that someone will serve for a larceny conviction depends in part on the stolen property’s value when the crime occurs.

A larceny in this state is considered either a “petit” (petty) larceny or a grand larceny. A petit larceny is the theft of property valued at or below $1,000. Petit larceny is a Class A misdemeanor, and a petit larceny conviction may be penalized with a jail sentence and a fine.

How Are Grand Larceny Cases Handled?

Grand larceny is considered a felony in this state, and a grand larceny conviction triggers a mandatory minimum one-year prison term. When the stolen property is valued:

1. at over $1,000,000, grand larceny is a Class B felony
2. from $50,000 to $1,000,000, grand larceny is a Class C felony
3. from $3,000 to $50,000, grand larceny is a Class D felony
4. from $1,000 to $3,000, grand larceny is a Class E felony

If you steal an ATM machine, you’ll be charged with a Class D felony. If you extort someone to steal property or cash, you’ll be charged with a Class C felony without regard to the property’s value. The courts also fine most offenders who are convicted of grand larceny, and the fine is usually twice the value of the stolen property.

What Constitutes Robbery?

A robbery happens in New York when someone who is perpetrating a burglary or theft uses or threatens to use immediate physical force to:

1. prevent or overcome resistance to taking the property illegally
2. compel the owner of the property (or someone else) to surrender the property or otherwise assist in the crime

Every robbery charge in New York is a felony, and a robbery conviction entails a minimum mandatory prison sentence.

How is First-Degree Robbery Defined?

First-degree robbery in New York is a Class B felony. An individual in New York commits a robbery in the first degree when he or she forcibly steals property, and while committing that theft or immediately thereafter, that individual or another perpetrator of the crime also:

1. carries a deadly weapon
2. brandishes a firearm or any item that is perceived by the victim(s) to be a firearm
3. uses or threatens to use a dangerous instrument
4. seriously physically injures anyone who did not take part in the crime

How is Second-Degree Robbery Defined?

Second-degree robbery is a Class C felony. An individual commits a robbery in the second degree in New York when he or she uses force to steal property and:

1. That individual is assisted by another person who is actually present.
2. That individual or another perpetrator of the crime physically injures someone who did not take part in the crime.
3. That individual or another perpetrator displays a firearm or an item that is perceived by the victim(s) to be a firearm.
4. The stolen property is a motor vehicle.

How is Third-Degree Robbery Defined?

In New York, a robbery with no other aggravating factors is usually prosecuted as robbery in the third degree. To convict a defendant of a third-degree robbery charge, the state must prove that the defendant committed larceny and used or threatened to use immediate physical force on another person for the purpose of taking or retaining the property being stolen.

Should You Take a Plea Deal?

If you are charged with either robbery or larceny, your Syracuse felony defense lawyer will speak to the prosecutor and try to resolve your robbery or larceny case. What happens will depend on the details of the case, the prosecutor, and your own defense attorney.

Do not try to act as your own lawyer. Criminal law in New York is complex, and your freedom and future will be at risk. Any mistake could result in a conviction. And do not agree to a plea deal until you’ve discussed the deal with your Syracuse criminal defense attorney.

In most plea deals, a defendant pleads guilty to a reduced charge and receives a reduced penalty. A grand larceny charge may be lowered to petit larceny, for instance, or a first-degree robbery charge may be reduced to second-degree robbery. However, if you’re innocent, in most cases, you shouldn’t accept a plea offer.

How Can You Fight a Larceny or Robbery Charge?

Instead, if you are innocent of larceny or robbery, insist on your right to a trial by jury. At trial, a good defense lawyer will work to help you avoid a conviction. After reviewing the specifics of the state’s case against you, your lawyer may present one of these defenses at trial:

1. You reasonably believed that you had a right to or legally owned the property or cash, and you did not have criminal intent.
2. You have been misidentified, and someone else perpetrated the larceny or robbery.
3. The larceny or robbery allegation has been fabricated, and no theft actually took place.

When Should You Call an Attorney?

If you’re charged with a theft crime such as larceny or robbery – now or in the future – you must have sound legal advice and effective defense representation immediately. Make the call – at your very first opportunity – to a Syracuse criminal defense lawyer.

If you’re facing a criminal charge, don’t assume that you’ll be convicted. To convict you of any robbery or larceny charge, the state must prove beyond a reasonable doubt that you’re guilty as charged, and that may not be easy.

Your attorney will cast doubt on the prosecution’s evidence, and your attorney will fight to have the charge reduced or dropped or the case dismissed. If necessary, your attorney will defend you aggressively at trial.

Passalacqua & Associates Will Fight for the Justice You Need

If your freedom and your future are on the line, having the right New York criminal defense attorney can make the difference. The award-winning attorneys at Passalacqua & Associates have more than thirty years of successful criminal defense experience.

We know what it takes to win a larceny or robbery trial, but if the evidence against you is overwhelming, we will negotiate for the best possible plea arrangement. We have a proven track record in larceny and robbery cases.

If you are in the Syracuse or Utica area, and you are currently charged with larceny or robbery – or if that happens to you in the future – call Passalacqua & Associates promptly at 315-277-3548 to schedule a no-cost case evaluation and to begin preparing your defense.

Have You Lost a Loved One Because Someone Else Was Negligent?

Have you unexpectedly and abruptly lost a family member due to another person’s recklessness, negligence, or intentional wrongdoing? If you’ve lost a loved one this way – or if this happens to your family in the future – arrange at once to consult a Syracuse wrongful death attorney.

Far too often, traffic crashes are the cause of wrongful deaths in the Syracuse area. Medical malpractice also continues to be a leading cause of wrongful death. If someone dies because someone else was reckless or negligent, what recourse do the surviving family members have?

Who May File a Wrongful Death Claim?

After a wrongful death in the State of New York, a wrongful death lawsuit may be filed by the decedent’s spouse, child, or parent. Another person may bring a wrongful death claim only if that person has been named as the representative or executor of the decedent’s estate.

After the tragic and abrupt loss of someone you love, a wrongful death action may help the survivors move forward with their lives and avoid financial hardship. How is a “wrongful” death defined in New York, and what does it take for a family to prevail with a wrongful death claim?

What Constitutes Wrongful Death in New York?

The law in New York defines “wrongful death” as a death caused by another person’s “wrongful act, neglect or default,” meaning a death that would have entitled the decedent to file a personal injury lawsuit if the decedent had survived.

Wrongful death is not unusual in this state. Traffic fatalities caused by reckless and negligent motorists are considered wrongful deaths. A child can become a wrongful death victim if he or she tries to pet an aggressive dog or enters into an unlocked swimming pool area.

Accidental deaths at construction sites are usually wrongful deaths. Wrongful deaths happen far too frequently in on-the-job accidents, incidents of medical malpractice, traffic crashes, and whenever recklessness or negligence causes a preventable death.

How Can Your Family Prevail With a Claim for Wrongful Death?

A wrongful death case is handled like a personal injury case. To prevail with a claim for wrongful death in the State of New York, the surviving family members (or “plaintiffs”) and their Syracuse wrongful death lawyer must prove the following “elements” of the wrongful death claim:

1.  The defendant (that is, the party being sued) legally owed the victim a duty of care (for example, to drive safely, to eliminate dangerous hazards on a private property, or to perform a surgery with proper care and diligence).
2.  The defendant breached the legal duty of care, thus causing the victim’s wrongful death.
3.  The wrongful death resulted in economic damages (medical bills and lost wages, for example) along with noneconomic damages such as personal pain and suffering, and the decedent’s survivors are entitled by law to recover compensation for these damages.

Will Your Wrongful Death Claim Require a Trial?

Most wrongful death claims are resolved privately and outside of the courtroom. However, if your claim cannot be privately settled, and your case goes to trial, your wrongful death attorney must prove each of the elements of your claim.

For example, even if your attorney proves that a defendant’s negligence caused your loved one’s death, you can’t recover compensation unless your attorney also proves that you have suffered compensable damages.

In some cases, a wrongful death attorney may solicit testimony or a statement from a medical authority, a crash reconstruction specialist, or another expert witness in order to prove one or more elements of your wrongful death claim.

When Will You Need a Wrongful Death Lawyer?

Your family’s grief may be inconsolable after losing a loved one, and no sum of money can truly compensate you for that loss, but your family’s future is a genuine concern. You must arrange to speak with a Syracuse & Utica wrongful death attorney as soon as you can after a wrongful death.

New York’s statute of limitations for a wrongful death claim gives the surviving family members two years after the death to take legal action, but you cannot wait for two years to speak with an attorney. Your family needs to contact a Syracuse wrongful death lawyer as soon as possible.

If your loved one died in a traffic crash, for instance, your lawyer needs to review the evidence while it’s fresh and question any witnesses before their recollections fade. Evidence can deteriorate or disappear over time, and witnesses can also disappear or become difficult to locate.

What Can Surviving Family Members Recover?

The compensatory damages that family members can recover are both “noneconomic” and “economic” damages. Economic damages reimburse family members for the financial losses that arise from a wrongful death, such as:

1.  the funeral and cremation or burial costs
2.  the decedent’s final medical bills
3.  the future benefits and wages that would have been earned if the decedent had survived
4.  the replacement or repair of property damaged or destroyed in the wrongful death event

Noneconomic damages are intended to compensate survivors for the noneconomic losses they sustain due to the wrongful death, such as:

1.  the loss of the decedent’s guidance, companionship, and affection
2.  the loss of the services that the decedent provided
3.  the emotional pain and suffering of the survivors

Some states place a cap on the amount that juries may award in wrongful death cases, but not New York. The law in this state ensures that a victim’s family is not denied any of the compensation they may need.

Passalacqua & Associates is Here for Your Family

Now or in the future, having the right New York wrongful death lawyer can make the difference when your family files a claim for wrongful death. The award-winning legal team at Passalacqua & Associates has over three decades of experience representing wrongful death survivors.

Passalacqua & Associates knows what it takes to succeed with your family’s claim for wrongful death. We have a proven track record in wrongful death and personal injury cases. We represent the survivors of wrongful death on a contingent fee basis, so your family will pay no fee up front and no attorney’s fee until and unless Passalacqua & Associates recovers your compensation.

If you’re in or near the Utica or Syracuse area, you can learn more about your rights as a wrongful death survivor – or begin the legal process now – by calling Passalacqua & Associates at 315-277-3548 to schedule a no-cost, no-obligation evaluation of your wrongful death claim.

Have You Been Charged With DWI?

In many jurisdictions across the United States, the most frequently charged crime is driving while intoxicated (DWI). In the State of New York, if you are charged with driving while intoxicated, you’re going to need legal help and representation from a Syracuse DWI attorney.

Even for a misdemeanor first DWI offense, if you are convicted, your New York driver’s license could be revoked, you will be fined, and you could conceivably serve time in jail, up to 1 year! Second and subsequent DWI convictions are penalized with even harsher sentences, and are potentially felony level offenses!

The best outcome in a DWI case, of course, is avoiding a conviction. You will avoid a conviction if your Syracuse DWI lawyer has the charge dropped, has the case dismissed, or wins an acquittal for you at trial. What does it take to achieve one of these outcomes in a DWI case?

Do Not Plead Guilty

If you are 21 or older, and if you are driving in New York with a blood alcohol content (BAC) level at or above 0.08 percent, you can be charged with driving while intoxicated. If you drive with a blood alcohol content level at or above 0.18 percent, the charge is aggravated DWI.

Those who fight a DWI charge with an attorney’s help are often successful. You may believe that pleading guilty is the expedient way to deal with a DWI charge, but a guilty plea means you will be convicted, you will have a criminal record, and you will face at least the minimum penalties.

If you are not a citizen of the United States, a DWI conviction may cause immigration authorities to begin a removal proceeding. If you hold a professional license in this state, a driving while intoxicated conviction may trigger disciplinary action by your state professional licensing board.

Pleading guilty to driving while intoxicated will also raise your car insurance rates, and if driving is your job or necessary for your job, you may have difficulty keeping that job or finding other work. A criminal record can even impair your ability to find housing or to qualify for a loan.

What Are the Penalties for a DWI Conviction?

As mentioned previously, the penalties for a first DWI conviction in New York usually include a fine, a license revocation, and possibly time in jail. For a second conviction within ten years, the fine is costlier, the license revocation is longer, and a lengthy prison sentence may be imposed.

Obviously, if you are being charged with driving while intoxicated, you must take steps at once to avoid a conviction. Your freedom and future will be at stake. Your first step is to contact – at once – the law offices of an experienced New York DWI attorney.

How Can You Get the Best Outcome to a DWI Case?

If you truly believe that you are not guilty of a driving while intoxicated charge, take these steps: contact a DWI defense attorney as quickly as possible; plead not guilty when a judge asks you to enter a plea; and insist on your constitutional right to a trial by jury.

Even if the state’s evidence is stacked against you, an experienced DWI lawyer can usually offer something helpful. If your conviction is inevitable, the best outcome may be a plea deal. In most plea deals, you’ll plead guilty to a lesser charge and receive reduced or alternative sentencing.

Discuss with your DWI lawyer the pros and cons of any plea deal offered to you by a New York prosecutor. Your lawyer will tell you if you should accept or reject the offer. While your lawyer’s advice should be taken seriously, the final decision to accept or reject a plea deal is yours alone.

How Will Your Attorney Handle Your Case?

When you ask a Syracuse DWI lawyer to represent you in a DWI case, that lawyer will review the evidence against you, listen closely to your side of the story, answer your questions, protect your legal rights, and develop an appropriate and effective defense strategy on your behalf.

If law enforcement officers had no probable cause to pull you over in traffic, if you were illegally or falsely arrested, or if the officers gathered or discovered evidence illegally, your DWI attorney may file a motion to suppress that evidence or may simply ask the court to dismiss the case. All too often we see officers administer the Standardized Field Sobriety Tests incorrectly or give wrong or conflicting instructions, all of which are supposed to be standardized, thus the term.

In some cases, your lawyer may choose to challenge the breathalyzer evidence. Breathalyzer tests may be inaccurate for a number of reasons, and breathalyzer devices can be subject to malfunctions. The police must conduct breathalyzer exams legally and according to procedures.

How Will Your Attorney Defend You at Trial?

In most DWI cases, a breath test will, in fact, give the police a relatively accurate measurement of someone’s BAC level, but breathalyzer devices are not always reliable, and in a DWI trial – with your future and freedom at stake – your guilt must be proven beyond a reasonable doubt.

At trial, your defense attorney will find any weaknesses in the state’s case and will cast doubt on the state’s evidence against you. If your rights were violated or if your breath test results were inaccurate, your attorney will explain what happened and ask the jurors to find you not guilty.

Don’t trust your freedom and future to an untested attorney. To obtain the best possible outcome, you must be advised and represented by a New York DWI defense lawyer who has substantial experience representing driving while intoxicated defendants and prevailing on their behalf.

Take Your DWI Case to Passalacqua & Associates

More than 25,000 driving while intoxicated arrests were made by law enforcement officers in the State of New York in 2022. Some of those arrested were innocent, but whether you are innocent or guilty of DWI, you will need to be represented by the legal team at Passalacqua & Associates.

The award-winning DWI defense attorneys at Passalacqua & Associates have over three decades of experience defending those charged with DWI in this state. We routinely represent defendants who are charged with DWI, and we are dedicated to winning the best outcome for every client.

Our law offices are located in Rome, Utica, and Syracuse. If you are charged anywhere in the State of New York with driving while intoxicated, now or in the future, contact Passalacqua & Associates immediately at 315-277-3548 for a no-cost, no-obligation, in-depth case evaluation.

Do You Need Social Security Disability Benefits?

Are you struggling to pay bills after becoming disabled? If you’ve been disabled, if you cannot work, and if you need to receive disability benefits each month, you may also need reliable legal advice about disability benefits. The first step to obtaining the disability benefits you need is discussing your situation with a Syracuse Social Security disability attorney.

If you apply to the Social Security Administration (SSA) for disability benefits, whether you’re applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you’ll face a complicated and challenging task that will require a disability lawyer’s help.

What’s the difference between SSDI benefits and SSI benefits? Who qualifies for these disability benefits, what is required to obtain these benefits, and how will a Syracuse Social Security disability lawyer help? Keep reading for the answers that, now or in the future, you may need.

SSI or SSDI: Which Benefits Are Right for You?

SSI (Supplemental Security Income) is a taxpayer-funded benefits program that offers assistance to low-income disabled or blind workers, or in some cases, families with disabled children. The monthly income of an SSI applicant may not exceed a minimum income threshold.

SSDI (Social Security Disability Insurance) provides benefits to workers who have been disabled before they reach retirement age and can no longer work. Applicants must have worked, must have paid Social Security (FICA) taxes, and must suffer a condition that the SSA defines as a disability.

In 2020, about twelve million people under age 65 were receiving disability benefits in the U.S. Almost 7.5 million received benefits from SSDI only, about 3.4 million received benefits from the SSI program only, and almost 1.2 million received benefits from both of these programs.

What Must Accompany Your Application for Disability Benefits?

Although Supplemental Security Income and Social Security Disability Insurance are separate and distinct programs, receiving benefits from either program begins with a lengthy, complex, and often frustrating application procedure.

You should have an attorney’s help to ensure that your application for disability benefits is complete and accurate, and you’ll need to include with that application:

1. a list of the doctors, clinics, and hospitals that have treated or examined you
2. the dates of any treatments or hospitalizations
3. a list of the prescription medications you are taking
4. copies of your medical test and physical exam results
5. contact information for your recent employers, and the dates of employment
6. contact information for your workers’ compensation carrier or health insurance provider
7. emergency contact information for reaching a family member or trusted friend

Where Do You Start?

Mistakes or misunderstandings could hold up your benefits for months or even make you ineligible for disability benefits, so have a disability lawyer walk you through each step of the application process. Here’s what you should know when you are seeking SSI or SSDI benefits:

1.   With your attorney’s help, submit your disability benefits application promptly. Strict deadlines apply, and every day that you wait is a day that you are not receiving benefits.
2.  Your initial application for Supplemental Security Income or Social Security Disability Insurance benefits will probably be denied. Most first-time applications are. With your disability lawyer’s help, you should appeal that denial as quickly as possible.
3.  By itself, a doctor’s statement that you are disabled usually will not be sufficient to get you approved for SSI or SSDI benefits. A Syracuse Social Security disability attorney can help you compile the statements, records, and documents you will need.
4.  Follow your doctor’s orders and don’t miss your follow-up appointments. If you don’t take your disability seriously, the Social Security Administration may decide that you are not seriously disabled.
5.  Don’t assume that a disability attorney will cost too much. Most disability lawyers in the State of New York handle disability claims on a contingent fee basis, which means that your lawyer does not get paid until and unless you start receiving your benefits.

How Does the SSA Classify Disabilities?

The Social Security Administration’s disability guidelines classify your capacity to work – your “Residual Functional Capacity” – as sedentary, light, or medium:

1.  A sedentary Residual Functional Capacity is the ability to sit in one position for up to six hours and the ability to lift up to ten pounds occasionally.
2.  A light Residual Functional Capacity is the ability to walk or stand for up to six hours and the ability to lift up to twenty pounds occasionally.
3.  A medium Residual Functional Capacity is the ability to walk or stand for up to six hours, lift twenty-five pounds frequently, and lift fifty pounds occasionally.

How Are Disabilities Determined?

The Social Security Administration processes SSI and SSDI claims with a formula that accounts for the applicant’s age, RFC level, and job history. That information is placed in a “vocational grid” which calculates whether or not a claim for disability benefits should be granted.

However, in some circumstances, a claim for benefits may be granted even if the vocational grid recommends a denial, because the Social Security Administration also takes into account an applicant’s cognitive, emotional, and psychological limitations.

A short-term disability (for less than one year) does not make you eligible for SSI or SSDI benefits, but if you are temporarily disabled in New York, you may qualify for workers’ compensation benefits. New York State also provides benefits to employees for off-the-job injuries through the Disability and Paid Family Leave Benefits Law.

What Else Should You Know?

Should you become disabled, consult a Syracuse Social Security disability lawyer prior to submitting any application for benefits. The right disability lawyer will know what benefits you are eligible for, what steps you should take, and how to obtain the disability benefits you need.

With offices in Utica and Syracuse, Passalacqua & Associates advises and represents the injured and the disabled throughout the State of New York. Passalacqua & Associates will provide you with a free, in-depth, no-obligation case evaluation. You’ll receive sound, personalized advice.

The attorneys at Passalacqua & Associates have over thirty years of combined legal experience, and we’ve established a reputation for legal excellence. If you’ve been disabled, we are ready to put our knowledge and experience to work for you. To learn more, or to begin the disability benefits application process, call Passalacqua & Associates now at 315-277-3548.

Can You Recover Compensation for a Slip-and-Fall Injury?

If you’re in the Syracuse or Utica area, and you’re injured in a slip-and-fall or a trip-and-fall accident because of a property owner’s negligence, schedule a consultation immediately to review your legal rights and options with a Syracuse slip-and-fall attorney.

If you suffer an injury in a slip-and-fall accident on another person’s property, what’s your legal recourse? What steps should you take? When should you reach out to a Syracuse premises liability lawyer for the legal advice and representation you may need?

If you’ll keep reading this short discussion of slip-and-fall accidents, premises liability law, and your rights in New York as the injured victim of another person’s negligence, you’ll find the answers that, now or in the future, you or someone you love may need.

What is Required of Property Owners in New York?

Serious slip-and-fall or trip-and-fall injuries may be sustained in a variety of ways, including but not limited to:

1.  on a sidewalk, tripping on cracked or uneven pavement
2.  in a parking area, tripping on a pothole
3.  at a restaurant or supermarket, slipping on a damp floor

Under the law in New York, businesses, homeowners, and landlords must maintain their properties to keep the premises “reasonably” free of potential dangers to visitors, tenants, employees, customers, and passers-by.

How Are Slip-and-Fall Injuries Likely to Happen?

Businesses must repair potholes in their parking lots and uneven pavement on their sidewalks. A supermarket’s employees are obligated to keep the market’s floors dry and the aisles reasonably uncluttered.

Slip-and-fall injuries on business properties can also happen because of:

1.   parking lots and staircases with poor lighting
2.  old staircases, particularly wooden staircases
3.  oil or ice on pavement or sidewalks
4.  curled-up floor mats, carpets, or rugs
5.  cluttered walkways, hallways, and aisles

Is Compensation Available After a Slip-and-Fall Injury?

New York law entitles injured victims of negligence to compensation for injury-related pending and projected future medical costs, lost wages and projected future lost wages, personal pain, suffering, and related losses if you are injured in a slip-and-fall incident:

1.  on another party’s property
2.  because of the property owner’s negligence
3.  and your Syracuse & Utica slip-and-fall attorney can prove #1 and #2

If you’re injured in any slip-and-fall incident, after you’ve been examined and treated, have a premises liability lawyer discuss your legal rights and explain your legal options. Call that attorney at once after a medical provider has examined and treated you.

Slip-and-Fall Claims Must Be “Reasonable”

“Reasonable” is a word you will hear whenever premises liability cases are discussed. No property owner can prevent every conceivable accident that might happen on his or her premises. The law tries to balance the rights and interests of injury victims and property owners.

For instance, if someone is injured slipping-and-falling on someone else’s private property because there was a hazardous condition on the premises, and the case goes to trial, a court will want to know:

1.  Was the property owner aware of the hazardous condition?
2.  Did the owner have sufficient time to arrange a clean-up or repair?
3.  Was a warning sign posted?
4.  Or were visitors informed in another way of the hazardous condition?

If milk has been spilled on the floor at a supermarket, and you suffer a slip-and-fall injury, is the store liable? If the milk has been there for ten minutes, the store is almost certainly liable, but if the milk has been there only twenty seconds, that isn’t a reasonable amount of time to have the floor mopped or even post a warning sign, and the store probably will not be deemed liable.

How Do Property Owners Defend Themselves?

If you pursue compensation after a slip-and-fall injury by filing a premises liability claim, the property owner may contest your claim with one or more of these defense arguments:

1.   You were not paying attention to your surroundings.
2.  You were trespassing or in an area marked off-limits for visitors.
3.  Yellow cones and/or warning signs clearly marked the hazard.
4.  “Reasonable” individuals would have seen and avoided the hazard.

How Are Slip-and Fall Claims Resolved?

Slip-and-fall claims are usually settled outside of the courtroom, but if liability is disputed or if no reasonable settlement amount is offered, your Utica & Syracuse premises liability lawyer will take the case to trial, tell a jury what happened, and ask that jury to order payment of your compensation.

You may be contacted by the property owner’s property insurance company. Make no statement to that company, don’t sign any insurance document, and don’t negotiate or entertain a settlement offer. Refer all of those inquiries to your slip-and-fall lawyer.

Anything you tell an insurance company could be twisted and used to discredit you, so let your attorney do the talking and negotiating. He or she will negotiate for a generous settlement, and if necessary, will advocate aggressively for you in the courtroom.

What Else Should You Know About Slip-and-Fall Injuries?

You have a three-year-deadline for bringing a premises liability claim after a slip-and-fall injury in the State of New York, but it’s best to contact an attorney as soon as you’ve been treated for your injury.

Evidence deteriorates over time, or disappears, and the memories of witnesses can fade fast. You’ll be in the best possible legal position if your attorney can examine the evidence while it’s fresh and speak to the witnesses while their memories are still recent.

Premises liability lawyers in New York represent their clients on a contingent fee basis, which means you pay no lawyer’s fee until and unless your lawyer recovers your compensation with a negotiated settlement or trial verdict.

How Should You Choose a Slip-and-Fall Injury Attorney?

How can you find a lawyer with the experience, knowledge, and tenacity it will take to prevail on your behalf? There’s no need for an extended search. If you are in or near the Utica or Syracuse area, call Passalacqua & Associates.

The award-winning team at Passalacqua & Associates has more than thirty years of legal experience in the State of New York. We know what it will take to prevail with your slip-and-fall injury claim, and our record of success on behalf of our clients speaks for itself.

Learn more about your rights as a victim of negligence – or begin the legal process now – and call Passalacqua & Associates at 315-277-3548 to schedule a no-cost, no-obligation evaluation of your case. At Passalacqua & Associates, we know how to make the law work for you.

What Are a Pedestrian’s Rights?

In or near the Syracuse area, if you are injured by a negligent driver while you’re a pedestrian, you must obtain medical assistance at once. After you’ve been treated by a medical professional, arrange to speak about your rights and options with a Syracuse pedestrian accident attorney.

In this state, pedestrians who are injured by negligent drivers are entitled under the law to recover the compensation they need for their medical costs, lost wages, pain, personal suffering, and their other injury-and-accident-related damages and losses.

What makes being a pedestrian so dangerous? If you’re injured as a pedestrian, what will you need to do to recover compensation for your injuries? Keep reading this short discussion of pedestrian injuries and your legal rights for the answers to these questions.

What Do the Statistics Tell Us?

Pedestrians account for seventeen percent of all motor vehicle accident fatalities. Over seven thousand pedestrians were killed in the United States in accidents involving motor vehicles in 2021, an increase of thirteen percent over 2020. Thousands more were seriously injured.

According to the New York Department of Health, approximately 300 pedestrians are killed and approximately 15,000 are injured by motor vehicles on New York’s streets and highways every year, and over 3,000 pedestrian accident victims are admitted to hospitals in New York each year.

Pedestrians, of course, usually wear no personal safety gear, and they do not expect to be injured. When a negligent motorist drives into a pedestrian, if the pedestrian survives, he or she may suffer back, neck, and head injuries, broken bones, abrasions, and other serious injuries.

What Does the Law Provide?

Generally speaking, drivers in this state must yield to pedestrians, but pedestrians are also obligated to adhere to the rules. New York is a comparative negligence state, which means that a pedestrian injury victim may be assigned a percentage of the liability for a pedestrian accident.

New York is also a no-fault state for automobile insurance. New York drivers are required to carry automobile insurance that includes a personal injury protection (PIP) policy with at least $50,000 of coverage.

How Are Pedestrian Accident Victims Compensated?

If you’re injured as a pedestrian, and you have personal injury protection coverage, the first step toward recovering compensation, after you’ve been treated for your injuries, is filing a claim against your own PIP policy.

Only victims whose injuries surpass the $50,000 policy limit, who meet the state’s serious injury definition, or who aren’t covered by a PIP insurance policy as a driver or the household member of a driver may initiate the personal injury process and bring a claim against a negligent driver.

“Serious” injuries in this context are defined by the law in New York as death, dismemberment, fracture, significant disfigurement, the loss of a fetus, or the permanent loss of the use (or the significant limitation) of a body organ, member, system, or function.

To bring a personal injury claim against a negligent driver after a pedestrian accident in this state, you will need to contact a Syracuse pedestrian accident lawyer as quickly as possible.

Take These Steps After a Pedestrian Accident

If you bring a personal injury claim against a negligent motorist after a pedestrian accident, that motorist may insist that you were the one who was negligent.

No lawyer will be at the site of the accident to advise you, so take these steps to compile evidence and protect yourself legally:

1.  Obtain medical attention at once. That is the paramount priority.
2.  Then, as quickly as possible, call the local police.
3.  Try to get names and personal contact details from any eyewitnesses.
4.  If you can, take photos of the location, the vehicle, and your visible injuries.
5.  Until you can consult an attorney, make no statements and sign no insurance documents.

If You Bring a Personal Injury Claim

In the State of New York, to prove that a driver was negligent in a personal injury case based on a pedestrian accident, the injury victim (or “plaintiff”) and his or her personal injury attorney must offer evidence which demonstrates that the allegedly at-fault driver (or “defendant”):

1.  owed the plaintiff a “duty of care”
2.  breached that duty by acting negligently (or by negligently failing to act)
3.  caused the accident and the plaintiff’s injury because of the negligence

Will Your Pedestrian Accident Claim Go to Trial?

Personal injury claims in this state are typically settled out-of-court when the lawyers for each side meet in private negotiations. However, if the liability for the accident is in dispute, or if no reasonable settlement offer is forthcoming, your attorney will take the case to trial.

If your case goes to trial, your Syracuse pedestrian accident attorney will tell the jury:

1.  how you were injured
2.  how extensive your injuries are
3.  why the jurors should find in your favor and order the payment of your compensation

Are Pedestrian Accidents Avoidable?

When you’re walking beside a roadway, on a sidewalk, or crossing a street, take some basic safety precautions. Do not become distracted. When it’s possible, cross at crosswalks and walk on sidewalks. Never jaywalk. Bring a flashlight after dark, and wear bright-colored clothing.

Drivers can help by avoiding the distractions caused by audio and GPS systems, children, and pets. Never eat, read, groom, or consume alcohol or drugs while you’re driving. Regularly check your tires, brakes, wipers, and lights, and always obey New York’s traffic laws.

How Do You Select the Right Pedestrian Accident Attorney?

If you have been injured by a negligent driver in New York, get the legal help you need. It’s your right, and if you’re an injured victim of negligence in this state, the law will be on your side.

Passalacqua & Associates represents the victims of pedestrian accidents in Syracuse, Utica, and throughout New York. Your first consultation with a Syracuse pedestrian accident lawyer at Passalacqua & Associates is offered without cost or obligation.

If you’re injured by a negligent driver in a pedestrian accident or any other accident, the award-winning team at Passalacqua & Associates will fight for the compensation you are entitled to by law and help you move ahead positively and constructively with your life.

If you have been injured in a pedestrian accident – or if you’re injured that way in the future – and you need to file a personal injury claim, promptly contact Passalacqua & Associates at 315-500-6425 to find out more or to schedule a consultation and start the personal injury process.

What Are Your Rights After a Car Accident?

In the Syracuse area, if you are injured in a traffic accident because another motorist was negligent, seek medical attention at once, and then, as soon as possible, arrange a meeting to discuss your legal options and rights with a Syracuse car accident attorney.

How does auto insurance work in New York? If you have been injured in an accident that was not your fault, how much compensation can you recover? What steps will you need to take? When should you reach out for the advice and services of a Syracuse traffic accident lawyer?

Several hundred thousand traffic accidents are reported every year in New York. It can happen to anyone. If you will continue to read this brief discussion of traffic accidents and your rights in this state, you will find the answers that every driver in the State of New York needs to know.

How Does Auto Insurance Work in New York?

New York is a no-fault auto insurance state, so policyholders are generally paid by their own insurance companies for damages, without regard to which driver is at-fault for an accident. Policyholders may be repaid for medical bills, car repairs, and other losses after an accident.

No-fault coverage in New York typically reimburses an accident victim up to $50,000 for medical treatment and care, up to 80 percent of that accident victim’s lost wages (capped at a $2,000 monthly maximum), and related losses such as transportation and child care costs.

However, if you are severely injured, the other driver was at-fault, and your medical costs exceed the limits of your no-fault coverage, you will need to bring a personal injury claim against that driver and his or her car insurance company with the help of a Syracuse traffic accident lawyer.

What Steps Should You Take After an Accident?

Immediately after an accident, call 911 for medical help (if anyone is injured) and for police assistance. Exchange contact and insurance details with the other driver or drivers. Take photos of the vehicles. If witnesses saw the crash, ask for their names and personal contact information.

After the accident, make and store copies of any medical bills, receipts, or other documents generated by the accident. When you file your claim with your auto insurance company, include copies of these documents, and store the originals securely.

If your claim is only for auto repairs, you probably will not need an attorney’s help, but if you sustained a personal injury, schedule a meeting with a Syracuse car accident attorney to discuss your rights, and ask that attorney to negotiate with the insurance company on your behalf.

How Do You Negotiate a Vehicle Damage Settlement?

In most cases, you can file a claim for vehicle damage without an attorney’s help, but be ready to negotiate with the insurance company. Decide what you believe is a reasonable settlement amount, and decide what is the lowest figure that you will accept.

Your auto insurance company’s first settlement offer may be unreasonably low, but some people accept these low offers. You should almost always reject a first offer. Send a letter to the company explaining that:

1.  The first settlement offer is unsatisfactory.
2.  Your documentation suggests that a more substantial settlement offer is called for.

What Should You Know About Claims Adjusters?

Don’t forget that the insurance company’s claims adjuster is not your friend and may be seeking to reduce the company’s costs. However, most auto insurance claims adjusters in New York are conscientious professionals who work hard to resolve claims honestly and quickly.

Your vehicle can be replaced. You can’t. While you can probably negotiate a vehicle damage claim smoothly and swiftly, an injury claim is much more serious. If you have been injured in a traffic crash, you should retain a personal injury attorney’s advice and services immediately.

What Can a Settlement Cover?

A New York personal injury attorney will determine how the traffic accident happened and how you were injured, speak with any witnesses, identify the party or parties with liability, and fight to recover the compensation that you are entitled to by law. You may recover compensation for:

1.  your current and projected future medical expenses
2.  your lost wages and projected future lost wages
3.  related costs such as transportation and child care
4.  personal pain, suffering, and mental anguish
5.  damage to your vehicle and any other damaged personal property

For some injury victims, “mental anguish” may include loss of the “enjoyment of life” and/or loss of consortium. When someone can no longer pursue hobbies, exercise, and other recreational activities, the victim may recover damages for loss of the enjoyment of life.

How Will Your Lawyer Help?

Personal injury lawyers in New York are experienced negotiators who understand how insurance companies operate and negotiate. After a serious injury, the right personal injury lawyer will know how to recover the settlement amount you need from an insurance company.

Your attorney will handle all inquiries from the insurance company and will negotiate on your behalf while you focus on recovering and healing. Claims based on serious injuries are usually resolved out-of-court when the attorneys for both sides meet privately to negotiate a settlement.

However, if your injury claim is denied or if liability for the accident is disputed, your personal injury case could go to trial. If that happens, your attorney will explain to a jury how (and how extensively) you were injured and will ask that jury to order the payment of your compensation.

How Can You Pick the Right Car Accident Lawyer?

Passalacqua & Associates helps the injured victims of negligence in Syracuse, Utica, and across the State of New York recover the compensation they need. Your first meeting with a New York personal injury lawyer at Passalacqua & Associates is provided with no cost and no obligation.

If you are injured in a car, truck, bus, motorcycle, or pedestrian accident, let the award-winning legal team at Passalacqua & Associates help you get back on track – and help you move confidently and positively into the future – after a serious traffic injury.

If you’ve been injured in a traffic accident – or if that happens to you in the future – as soon as you have been treated for your injuries, call the team at Passalacqua & Associates at 315-500-6425 to learn more, to schedule a free legal consultation, or to begin the personal injury process.

Do You Really Need to Hire an Attorney?

If you have been accused of a crime in the Syracuse area, whether that crime is a serious felony or a misdemeanor, you must be advised and represented by a Syracuse criminal defense lawyer. Only a criminal defense lawyer can represent you adequately and effectively.

If you’re charged with a crime, and you are hesitant about contacting a criminal defense attorney, you may have “bought into” one or several of the many misconceptions about criminal defense attorneys. Perhaps the five most common misconceptions about criminal defense attorneys are:

1. Anyone can defend you against a criminal charge.
2. Criminal defense attorneys are all the same.
3. Only the rich can afford a criminal defense attorney.
4. Criminal defense attorneys operate unethically and sometimes illegally.
5. You do not need an attorney if you are pleading guilty.

If you’ll keep reading, you will learn why these misconceptions are false and sometimes harmful, and you’ll learn why having the right Syracuse criminal defense attorney is imperative if you have been charged with a felony or a misdemeanor in or near the Syracuse area.

Misconception #1: Anyone Can Defend You

In all fifty states, but especially in the State of New York, the laws are far more difficult and far more complicated to understand than they were even ten years ago. Even if the charge against you is a misdemeanor, any errors that you make while defending yourself could send you to jail.

You cannot take the risk of defending yourself against a criminal charge, and you also should not rely on a public defender to represent you. Some public defenders may be skilled attorneys, but they are overburdened with enormous caseloads and have little time to devote to your own case.

A criminal defense lawyer will give your case the time and dedication it needs. A defense lawyer will scrutinize the evidence, question the witnesses, prepare an aggressive defense on your behalf, and if necessary, negotiate with the prosecution for an acceptable plea agreement.

Misconception #2: Defense Attorneys Are All the Same

Every criminal defense lawyer has his or her own unique skills, training, and experience. Some lawyers almost never lose a case. Others win some and lose some. The most important thing that you can do in your own defense is to select the best defense attorney available to you.

Ask your friends and loved ones for defense lawyer referrals and recommendations. Your time, your money, and your freedom are valuable, so make your decision carefully.

No defense attorney can guarantee or promise a result in any particular criminal case, but your best chance for winning justice is to select an attorney who has substantial courtroom experience, a record of success on behalf of his or her clients, and a reputation for tenacity and effectiveness.

Misconception #3: Only the Rich Can Afford a Good Lawyer

Too many people think that you must be wealthy in order to afford a good criminal defense attorney. However, the fee that a lawyer charges is not going to tell you whether a lawyer is effective.

Let’s say that a lawyer looks at your case and tells you the evidence against you is persuasive, you will be convicted, and you should take a plea bargain if it’s offered. Another attorney promises to win an acquittal on your behalf but charges twice as much as the first attorney.

Despite the cost, too many people charged with crimes would choose the second attorney. The first attorney may be giving you frank, practical legal advice for a reasonable fee, while the second attorney may or may not be selling you anything but an expensive fantasy.

And unlike many of our competitors, we offer a VARIETY of different financing options to work with you to try and get the fee handled in an affordable way that won’t cause you any financial headaches!

Misconception #4: Criminal Defense Attorneys Are Unethical

Movies and television shows like Better Call Saul can give you the impression that the practice of law is an unruly free-for-all and that the best criminal defense attorneys are the ones who break the most rules. Nothing could be further from the truth.

While a very few defense attorneys operate unethically and even sometimes illegally, the bar association in each state monitors every attorney’s actions, and defense attorneys who conduct themselves unethically or illegally are disciplined, or in the most egregious cases, disbarred.

Overwhelmingly, the vast majority of criminal defense attorneys understand that they are not above the law, and they will not act unethically or illegally to win a case. Their top priority is providing sound legal advice and representing their clients professionally and effectively.

Misconception #5: You Don’t Need a Lawyer if You Plead Guilty

This may be the most harmful misconception about criminal defense attorneys. To begin with, you should never plead guilty as charged at your first hearing (called the “arraignment” hearing). Pleading guilty at your arraignment ends your case with no option for a plea deal.

Even if you are, in fact, guilty as charged, it is important to have a defense attorney who will negotiate on your behalf. If you are offered a plea deal, and if you accept it, you will probably agree to plead guilty to a lesser charge, and in exchange, you will serve a reduced sentence.

In the Syracuse area, if you are charged with any crime, you should be advised and represented by a Syracuse criminal defense attorney who has substantial experience with plea and sentencing negotiations.

Don’t try to negotiate by yourself with a prosecutor. If the prosecution offers you a plea deal, discuss the details of that deal with your defense lawyer before you decide to accept or reject it. And of course, if you are innocent, you should plead not guilty and insist on a jury trial.

Why Should You Choose Passalacqua & Associates?

Your criminal defense attorney is your advocate who will explain to a judge and jury what actually happened and why you should be acquitted (or, if you’re guilty, why you should be shown leniency).

A Syracuse criminal defense lawyer at Passalacqua & Associates will provide you with a strong, aggressive defense whether you are charged with a misdemeanor or a felony.

We take the time to examine the evidence and prepare an effective defense on your behalf while protecting your legal rights and working toward the best possible conclusion to your case. We take a true team approach. You will never have any less than two (2) attorneys assigned to your case! We are one of the largest criminal defense firms in Central New York, let us put that size and power to work for you!

If you’ve been charged – or if you are charged in the future – with any crime in or near the Syracuse area, or if you need reliable advice regarding any matter of criminal law, call Passalacqua & Associates now at 315-500-6425.

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.