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Individuals who are unable to work to provide for themselves and their families typically can be approved for Social Security Disability Insurance or SSDI. This can provide an invaluable benefit to them in sustaining their livelihood. What happens when creditors need to satisfy past debts? What if an auto loan is now delinquent due to a disability? In most cases, your SSDI benefits are off-limits to creditors. Read further to help to understand the details.

We are happy to provide a free strategy session to answer your questions regarding SSDI and your creditors. Call us today at (315) 500-6425 to get started.

What Does It Mean To My SSDI Benefits If I Have a Garnishment?

Garnishments by creditors such as credit card companies, mortgage lenders, and auto financing companies can not touch your SSDI benefits in most cases. This is because garnishments are typically associated with employment income, not benefits, spousal support, and the like.

This does not always include, however, payments ordered such as child support, court-ordered restitution, unpaid federal taxes, alimony, or in some cases, federal student loans. Where applicable, if you are required to pay these, a garnishment of your benefits may take place in order to fulfill your obligation.

What Else Should I Know About Garnishments?

Banks must conduct an investigation before freezing SSDI benefits in compliance with a garnishment order. A fee is generally associated with completing this investigation, and each bank will have a different fee schedule. Legal representation can be of great benefit in protecting your SSDI. In some cases, creditors will still attempt to garnish your benefit to fulfill your debts. This also gets especially confusing if you have comingled deposits in an account. If you are receiving income from multiple sources in the same account, and one of them is your SSDI benefit, there may need to be some extra protection put into place in order to ensure creditors aren’t touching your benefit amount.

How Can a Lawyer Help?

Creditors will still likely pursue you in an attempt to collect the debt owed. Just because your benefits are protected from creditors doesn’t mean your debts will disappear. This can hurt your credit, but you aren’t typically susceptible to a lawsuit as there is no way for them to collect the debt.

Our team of highly experienced lawyers is ready to assist you with your specific case and SSDI benefits. They have helped several people just like you in the past to untangle the facts and fulfill the requirements of what is owed by you while protecting your SSDI benefit. Contact us at (315) 500-6425 regarding your specific case and how we can help.

As in most states, Driving While Intoxicated or a DWI, is a serious offense in New York State. Each case is unique, and therefore the details of your situation and the outcome can’t be guaranteed, but there are a few options to consider. In some cases, the charge can be reduced to a DWAI, Driving While Ability Impaired, and in other cases, it can be dismissed altogether.

Having a trusted team of attorneys with experience in DWI cases can be invaluable to you, regardless of the details. Relying on someone who has multiple years of dealing with these cases, the knowledge and experience to guide you through the process, and the drive to help you find the best outcome for your situation is what we are here for. Contact us at (315) 500-6425 to get started.

What Are Some Reasons to Get the Charges Dismissed?

There are a few situations that allow for the option to get the DWI charge dismissed. They are discussed below.

Officers must have probable cause to arrest you in the first place. This can include things like their observations of the scene and evidence they obtained of the scene and of you during the stop. They can utilize field sobriety tests and preliminary breath tests to prove impairment/intoxication. Law Enforcement must have sufficient evidence or probable cause to arrest you, and if it is determined that they didn’t have this, the evidence further obtained at the police station can possibly be suppressed, which may result in your charges being dismissed.

Officers also have to follow a required protocol to take a breath test. Much like Miranda Rights, there are rules in place that the officer must follow to obtain this evidence, and if the right steps aren’t followed (such as having gum or chewing tobacco in your mouth or following the observation period), this could be cause for the charges to be dismissed.

How Else Can I Get the Charges Dismissed?

A DWI charge could also be dismissed if it isn’t proven that you were operating a vehicle while intoxicated on a public highway. There are specifics involved as to what constitutes a public highway in New York, and if the location of your arrest isn’t considered a public highway, this may be cause for dismissal as well.

Law Enforcement must also prove that you had the intent to move the vehicle. There is specific information regarding this that your attorneys can discuss with you in relation to your case. There are some scenarios where the charges were either dismissed or reduced due to the person sitting in their car to warm up, for instance, rather than having the intent to move the vehicle.

Finally, the officer must provide proof of reasonable suspicion to pull you over in the first place. If it is not proven that there was reasonable suspicion to pull you over, there may be cause for the evidence obtained thereafter to be suppressed, and therefore the charges are either reduced or dropped entirely.

How Can We Help?

There are several ways in which the options to have your charges reduced or dismissed could arise. Each situation is different, so there are no guarantees, but we are happy to help you get started by discussing the specifics of your case. Contact us today at (315) 500-6425.

As we all now know, the COVID-19 virus has us in a panic. The news has been reporting that curfews have been imposed in some cities that have further restricted a people’s movement. Businesses have been closed temporarily. We have been hearing phrases like “state of emergency,” “shelter in place,” “social distancing” and “curfews”, but what do they all mean and how will/can they be enforced.

We know that the United States Constitution grants us a freedom of movement and a freedom of assembly under the First Amendment. A State imposed curfew obviously restricts that and in most cases when the government, usually a municipality, tries to impose a curfew it has been struck down as unconstitutional. One recent and public example in when Rochester in the mid 2000’s, tried to impose a curfew on minors in an effort to curb criminal activity. This law was struck down as unconstitutional and discriminatory, as there was no data that showed that a juvenile curfew lead to any discernable decrease in crime.

However, the government does have the ability to impose a curfew on its citizens in very limited situations, which include states of emergency, natural disasters, public health crisis or an ongoing civil disturbance. In the past, Baltimore and New Orleans have imposed such lawful curfews during natural disasters and public unrest. Given the pandemic state that we are in now, it would seem that any action that Governments take with regard to setting a curfew or other restrictive Orders would be warranted under the law.

Under the Executive Section of the New York Consolidated Laws, Article 2-B Section 24, the State and Local governmental entities are authorized to set a curfew for its citizens in an effort to keep them safe and allow the government to perform essential functions until such time as the situation is under control. But that does not mean that they have the power to lock people in their homes for extended periods of time without justification or explanation. The law is very specific with regard to certain procedures that must be followed.

After it has been determined that there is an imminent danger and that the public’s safety is imperiled, a state of emergency is declared. At the outset, this state of emergency shall not exceed thirty (30) days, but can be extended for additional thirty (30) day periods as the Governor sees fit. During this time the Chief Executive may promulgate local emergency orders to protect life and property, or to bring the emergency situation under control. This expressly allows for the establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except for emergency vehicles and personnel. Also included in the law is the regulation/closing of places of amusement and assembly as well as the suspension or limitation of the sale or distribution of alcoholic beverages. This is how all of our restaurants and bars can be shut down or mandated to carry-out service only.

As for the restriction on bars and restaurants, New York City estimated about 3,000 inspections took place Monday, when the rule was implemented. Of those, 300 warnings and three violations were issued.

When hearing about all of these closures on the news, what they have not told you is that under subsection (i) of the law, no suspension of these privileges can exceed five (5) days, provided however, that upon reconsideration of all the relevant facts and circumstances, the suspension may be extended for additional five (5) day periods during the state of emergency. Subsection (ii) states that no suspension shall be made which does not safeguard the health and welfare of the public and which is not reasonably necessary to the disaster effort.

Now here is the kicker and the question that everyone has been asking: What happens if I refuse to abide by the curfew, the order to close my business or any other aspect of these Executive Orders??

Subsection (5) of the law states that “Any person who knowingly violates any local emergency order of a Chief Executive, promulgated to this section is guilty of a class B misdemeanor.” What is not listed in the statute is the imposition of any specific penalty for disobeying the Order. Typically, under the Penal Code of New York, a Class B misdemeanor is punishable by up to 90 days incarceration in the County jail. This, however, would not be a violation of any penal code, though it carries that similar criminal classification. Notwithstanding the same, we do believe that it would be within the power of the counties and local governments to put certain language into their local laws and codes that would authorize the imposition of fines for such activities.

In Pennsylvania, Governor Tom Wolf also extended his shutdown on Monday to the entire state of Pennsylvania in an effort to halt the spread of the virus. However, he also stated that he will not send the National Guard or State Police to force businesses to close.

Governor Tom Wolf went on to say “[p]eople will be making their decisions what they do with their lives all across the commonwealth for the next days and weeks and months. What we ought to do is think not what should we do in terms of what the law is, but what should we do in terms of what we owe to our fellow citizens.”

We anticipate this to be the trend, as Chief Executives and Law Makers do not truly wish to impose any additional financial hardships on these businesses or other citizens at this time, it is being used in an attempt to make people understand the significance of this virus and convince them that it is in their own best interest to shut down and stay home.

Long story short, what we have been telling our clients, is that everyone knows the significant inconvenience this pandemic has caused us all. Some people still think that it is overkill, but it is for the greater good and if the government tells you to stay in your house or close your business, then the best course of action is to do so. Risking what could be a very significant fine ($10,000+ in some cases) and/or a misdemeanor criminal conviction, is not a risk we are advising people to take.

Stay safe, stay informed and be decent human beings.

Call 315-500-6425 Or click here: Contact us today

To continue with the theme from my last post, the New York Times did a study on the benefits of expunging an individual’s criminal record. Although expungement is not available in New York, those convicted of crimes can have their record sealed from the vast majority of potential employers.

The Times found that the consequences of a conviction can last for decades after an individual has been sentenced and done their time. People with criminal records face major barriers to employment, housing and education.

Criminal justice reform, specifically in New York has focused on finding policy tools that can lower these barriers. The most controlling potential device is the expungement of criminal convictions from one’s criminal record. This seals the conviction from public view, removes them from databases, and ends most of their legal effects.

Up to 36 states have laws permitting expungement. Most only allow expungement depending on the number of convictions and the type of crime on commits. The individual usually has to wait years after completing their sentence and go through an elaborate process to have their records cleared. This is very similar to New York’s sealing process, as one has a 10-year waiting period with no criminal conduct to even have his application looked at for sealing.

In February, a bill was introduced in California, allowing automatic expungement of misdemeanors and minor felonies after completion of a sentence. In Utah, an automatic expungement bill is close to passing. These developments follow the first major automatic expungement law, which passed in Pennsylvania last summer.

Even with the landscape shifting toward automatic expungement, the main concern of many is that employers, landlords and others have a public safety interest in knowing the criminal records of those they deal with.

Little to no studies have been put forward to deal with the true effects of expungement. The Times’ study of expungement laws dealt specifically with the state of Michigan. Michigan has an expungement law that uses the traditional nonautomatic expungement approach.

All of the Times’ findings strongly support efforts to expand the accessibility of expungement.

People who got expungements tended to do very well. They found that within a year, their wages go up more than 20 percent. This gain was mostly driven by unemployed individuals finding work and minimally employed people finding sounder positions.

The recidivism rate for those with expungements were found to be at very low rates. The finding was considerably lower than those of Michigan’s general adult population. That may be because expungement decreases recidivism.

Another reason may be that expungement beneficiaries aren’t high risk to start off. Michigan requires a waiting period before expungement (five years after completion of sentence). Research indicated that people with records who go numerous years without another conviction are unlikely to re-offend.

However, barely anyone got expungements. Michigan only grants about 2,500 a year compared to the huge number of criminal convictions per year.

Few people actually met the legal requirements necessary. For those who did qualify, only 6.5 percent received expungements within five years of becoming eligible. Michigan judges have discretion to reject applications, but the bigger reason was over 90 percent of those eligible don’t apply.

Why? Most people don’t even know they can get an expungement, or don’t know how to do it. Many also cannot afford lawyers to advise them throughout the process. The procedure is long and complicated, requiring visits to police stations and courthouses. The fees (In Michigan usually total close to $100, minus transportation and time off work) are a barrier for people of lesser means. Many people with records often had painful interactions with the judicial system, making most want to avoid the situation altogether.

The low rate of applications for expungement is consistent with the difficulties that poor Americans face in dealing with the legal system. When the state makes it too hard or costly for citizens to exercise a right or opportunity, it’s no different from denying that right or opportunity. Most people won’t be able to help themselves without some guidance.

The Times’ research was clear: Obtaining an expungement should be made as simple as possible. States should follow the approach of Pennsylvania and the new California and Utah bills, and make expungement automatic once the legal requirements are met.

The results showed that expungement is a powerful tool for improving outcomes for people with records, without risk to public safety. Lawmakers are going to need to make it much simpler and convenient for people to use that tool and get a new start to life.

See if your record can be expunged.

Call 315-500-6425 Or click here: Contact us today

Coming Soon

Over the past 4-years, our team at Passalacqua & Associates, LLC, have been dedicated to providing excellence in customer service resulting in many happy clients. In doing so, our commitment and focus has taken us on a fabulous journey of growth – both personally and for our business.

We are pleased to announce that our law firm has been named a 2020 Law Firm 500 Honoree awarded to the Fastest Growing Law Firms in the US. Although this recognition is calculated on growth, it could not be possible without the continued operational excellence and commitment to client service exhibited by our team each and every day.

We are ranked 36th on the 2020 Law Firm 500 and have grown 256%, since 2016!!

We are pleased to announce that our law firm has been named a 2020 Law Firm 500 Honoree awarded to the Fastest Growing Law Firms in the US. Although this recognition is calculated on growth, it could not be possible without the continued operational excellence and commitment to client service exhibited by our team each and every day.

We are ranked 36th on the 2020 Law Firm 500 and have grown 256%, since 2016!!

Thank you so much to our loyal clients, and partners who have supported us as we have grown. “ “It’s such an honor to be recognized, and an even larger honor to be able to help so many people in our local communities.” – Nicholas A. Passalacqua, Esq. Founder of Passalacqua & Associates, LLC”

The Law Firm 500 Award is an honor for our firm to receive and a tribute to our team. Of course, we could not have achieved this truly remarkable accomplishment without our devoted team members Nicholas Passalacqua, Christopher Hameline, Mark Chieco, Jennifer Springer, Christina Tuttle, Sara May, and Katie Kimberly. Each in their own way has contributed to making this achievement possible.

As we continue to grow, we encourage you to follow our progress and stay in touch! You can view the full list of 2020 Law Firm 500 Honoree firms here: https://lawfirm500.com/2020-award-honorees

See if your record can be expunged.

Call 315-500-6425 Or click here: Contact us today

On Sunday, March 31, Governor Andrew Cuomo and the New York State Senate and Assembly reached an agreement regarding multiple, significant pretrial criminal justice reforms as part of the state’s 2020 budget. These changes will begin in 2020. The reforms concern speedy trial, discovery, and bail and pretrial release.

The National Association of Criminal Defense Lawyers (NACDL), of which all members of our firm are members of, has long advocated for reform in these specific areas. As part of New Yorkers United for Justice, a coalition of many leading nonprofit organizations promoting for a more fair and humane criminal justice system in New York, NACDL and its state affiliate, the New York State Association of Criminal Defense Lawyers (NYSACDL), have been working in recent months to help bring about meaningful improvements to New York’s criminal justice system.

“From the perspective of a criminal defense lawyer who has practiced in New York for several decades, I can confidently assert that this package of pretrial reforms is the most significant legislative reform of New York’s criminal justice system in generations,” said NACDL Executive Director and Chair of the Board of New Yorkers United for Justice Norman L. Reimer. “While welcome and commendable, it must be that this is just the beginning of criminal justice reform in New York. There is so much work left to be done – from achieving a more robust exercise of executive clemency power, to parole and probation reform, expungement of marijuana offenses, disclosure of law enforcement misconduct records, and more. It is my every hope that the package of reforms agreed to in New York yesterday marks the first stage in a transformation of the State of New York from being a national laggard to a national leader when it comes to criminal justice reform.”

NACDL President Drew Findling said: “The New York reforms are another milestone in the effort to fix the nation’s broken criminal justice system. I am proud of the work that NACDL and NYSACDL have done to support the reform effort – and I congratulate the entire New York criminal defense community.”

With the new provisions of the law, there will be numerous changes to pre-trial criminal procedure. Cash bail will be eliminated for many misdemeanors and non-violent felonies, and police officers will be required to issue desk appearance tickets to most individuals charged with misdemeanors and Class E felonies. Thus, fewer individuals charged but not convicted of an offense will be incarcerated while presumed innocent simply because they can’t afford to post bail.

The changes will also have an important impact upon the discovery process. Previously, New York was considered among the worst states in terms of access to evidence and information by the accused pre- trial. The new rules require disclosure well before trial. Under the changes, individuals will also have the right to review information and evidence held by the prosecution no fewer than three days before the deadline to accept a plea offer, a significant improvement in the law.

Finally, with regard to a speedy trial, new changes provide for improved court oversight to move cases forward consistent with the timetables set forth in the speedy trial provisions.

To learn more about these changes

Call 315-500-6425 Or click here: Contact us today

I recently ran across an article which I thought was quite interesting and hadn’t realized had been implemented.  The Raise the Age Act by Governor Andrew Cuomo was implemented in 2018, but I wasn’t aware that one could apply for a pardon for their crimes during their youth.  Here’s the gist of the pardon requirements.

Around 10,000 people will be impacted as New York starts to address a backlog of eligible individuals for pardon.  Approximately 350 citizens will be eligible for pardons on an annual basis.

In October of 2019, the First-in-the-nation act will reach all individuals convicted of a misdemeanor or non-violent felony at 17 years old who have been crime-free for ten years.

Cuomo announced that he will use his pardon power to lessen the burden of a criminal conviction for people convicted of non-violent crimes when they were minors, and who have lived crime-free for at least 10 years. This action advances the principles from his Raise the Age Campaign, which calls upon New York to join 48 other states in recognizing that 16 and 17-year-old children do not belong in the adult court system.

This step recognizes that people can move beyond the mistakes they make in their youth.  If burdened with a conviction of any kind, these youth may find it extremely difficult for them to find work, get admitted to college, find a place to live, and become licensed in certain occupations. This move allows deserving individuals to move forward with their lives.

By pardoning New Yorkers who have reached the ten-year period crime-free, this step will help those who present little danger to the public. However, the pardon will be on a conditional basis, which means that if a person is reconvicted, their pardon will be withdrawn.

This will affect a significant number of lives. Of 16- and 17-year old’s who committed misdemeanors and non-violent felonies, approximately 10,000 have not been reconvicted after at least 10 years. This means that approximately 350 people convicted as 16- and 17-year olds of misdemeanors and non-violent felonies remain conviction-free after 10 years.

In order for an individual to be eligible for this pardon, they must go through a careful screening process. All people who believe that they qualify for this pardon are invited to apply through the New York State website, ny.gov/services/apply-clemency. After being vetted, agency staff members will make a recommendation to the Governor to grant a pardon if:

• The person was 16 or 17 at the time they committed the crime for which they were convicted.
• At least 10 years have passed since the person was either convicted of the crime or released from a period of incarceration for that crime.
• The person has been conviction-free since.
• The person was convicted of a misdemeanor or a non-violent felony.
• The person was not convicted of a sex offense.
• The person is currently a New York State resident.
• The person has paid taxes on income.
• The person is a productive member their community, meaning that the individual is working, looking for work, in school or legitimately unable to work.

In addition to this general invitation to apply, the Governor will do targeted outreach to candidates for the pardon. Administrative staff will review and attempt to contact those convicted of qualifying crimes committed while they were 16 or 17 and who have stayed conviction-free. They will be informed of their initial eligibility for a pardon and invited to apply, using the website.

This step will tremendously alleviate barriers for people with criminal convictions.

This conditional pardon is a direct advancement to the Raise the Age agenda of Governor Cuomo.