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answered on Jul 13, 2011
I would recommend that you either speak with the Court about getting a new attorney appointed or hire a private attorney if you can afford one. Even if the Court would permit you to represent yourself, which it would not, unless you are a trained attorney you would be placing yourself in... View More 
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answered on Jul 12, 2011
Yes. This is called an allocution. The purpose of an allocution is to be absolutely sure that you understand the crime that you are pleading guilty to, you have had ample opportunity to discuss the implications of the plea with your attorney, that you are pleading guilty voluntarily and without... View More
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answered on Jul 12, 2011
No. Generally speaking, the law in New York is that a landowner is entitled to a reasonable time after the cessation of a storm (at least several hours after it has ended) before he or she can be held responsible for the condition of that property.
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answered on Jul 12, 2011
It depends on the local Court. Some Courts use a town prosecutor, in some Courts the ticket s negotiated by the issuing officer, and in other Courts there is one police officer that discusses a reduction of the tickets but he is not the issuing officer.
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answered on Jul 12, 2011
Not if you intend to plead to a lesser charge. In my experience, police officers that negotiate tickets are less inclined to work out a favorable reduced charge if they have had to go to the trouble of preparing a supporting deposition. However, if you intend to fight the ticket at a traffic... View More
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answered on Jul 12, 2011
This is not true in most cases, unless the officer does not show two times consecutively. On a first non-appearance by the officer, the town prosecutor or ADA will generally request that the Court "adjourn" or postpone the case, and the Judge will generally agree to one postponement.
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answered on Jul 12, 2011
This is a charge that is added on to any fine you pay to the Court for a plea to a traffic infraction. Unlike fines, the presiding judge has no discretion as to the surcharge, and is paid by the Court directly to the State of New York.
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answered on Jul 12, 2011
This depends on what the speed was over the speed limit, and other factors such as where the ticket was issued. For example, a ticket for going more than 20 miles over the speed limit will be a six point ticket, and there are heightened penalties if the speeding infraction is in a construction... View More
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answered on Jul 12, 2011
No. The lawyer can have you sign a traffic authorization which allows him or her to enter into a plea for you without the need for you to be in Court. The only time you need to be in Court involving a traffic infraction is when the ticket is for a misdemeanor-for example, a ticket for aggravated... View More
Now it's 2 months after the 90 days. Is there anything I can do?
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answered on Jul 12, 2011
It is possible that you can submit a motion to file a late notice of claim. You would have to be able to establish that you have a meritorious case, that the municipality you wish to sue would not be prejudiced by the delay, and that you were unaware of the 90 day notice of claim requirement.... View More
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answered on Jul 12, 2011
An EUO is an examination under oath. An attorney representing the insurance company will take your testimony under oath concerning the accident, the injuries you suffered and the treatment you have undergone to confirm the legitimacy of your claim. I would recommend that if you do not have an... View More
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answered on Jul 11, 2011
Yes, you must appear, or the no-fault insurance company can deny further benefits based on your "failure to cooperate" in the processing of your claim. However, since these physical exams are frequently used to discontinue further payment on your injury claims, it is always advisable to... View More
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answered on Jul 11, 2011
Under the New York "Dram Shop Act", the bar owner can be held responsible if it can be proven that the drunk driver was drinking at his bar, that the owner or employees knew or should have known that he was intoxicated, that they continued to serve him rather than requesting that he leave... View More
What is the statute of limitations on a medical malpractice action against the surgeon?
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answered on Jul 11, 2011
Generally speaking, with some exceptions for infants and incompetents, (among others), the malpractice statute is 2 and 1/2 years from the date of the last treatment by that health care provider.
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answered on Jul 11, 2011
The no-fault threshold means an injury which meets the requirements of the Insurance Law entitling the injured person to recover compensation for injuries suffered in an automobile accident. Threshold injuries include a fracture of a bone, a disfigurement, a dismemberment of a body part, death,... View More
Allstate paid my medical and chiropractic bills for a month and then they sent me to their doctors, who determined that I didn't need any more treatment. But I am still in pain and I don't have health insurance or funds to continue paying for my treatment.
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answered on Jul 11, 2011
One possibility is to arbitrate the no-fault denial. However this is a risky decision if you have a lawsuit or claim pending against the other driver, because if the arbitrator rules against you in the arbitration, this affirmance of the no-fault denial can be used against you in your personal... View More
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answered on Jul 11, 2011
Yes, pursunat to the Insurance Law, you must file a no-fault claim within 30 days of your accident. You should call your car insurance company immediately after the accident and make sure they send you the necessary form, known as an NF-2.
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answered on Jul 11, 2011
A 50-h hearing is essentially a deposition or examination under oath which is conducted by a municipality such as a town or village when you make a claim against that municipality for personal injuries and or property damage arising out of an accident or incident. You will be asked a series of... View More
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answered on Jul 10, 2011
You have only 90 days to file a notice of claim on all cases involving a municipality, including a false arrest case, so you should contact a lawyer immediately.
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answered on Jul 10, 2011
You should have been provided with the "overlay" which you match up against the police report. This overlay explains the significance of each of the codes on both sides of the report.
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