James Kleinbaum Attorney At Law P.C.James Kleinbaum Attorney At Law P.C.2024-02-12T15:16:45Zhttps://www.kleinbaumlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203469/2020/01/cropped-fav-icon-32x32.pngOn Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485132024-02-10T15:21:38Z2024-02-12T15:16:45ZThe legal basis for DWI checkpoints
In New York, DWI checkpoints are legal and their existence is part of the state's commitment to public safety. The New York Vehicle and Traffic Law empowers law enforcement agencies to establish sobriety checkpoints for the purpose of identifying and apprehending individuals driving under the influence of alcohol or drugs.
Requirements for legitimate DWI checkpoints
There are certain criteria for a DWI checkpoint to be legal in New York. Law enforcement must conduct stops in a non-discriminatory manner and must not violate any constitutional rights. Officers should adhere to the goal of maintaining public safety without targeting specific individuals or groups.
Legal constraints on DWI checkpoints
While New York recognizes the legality of DWI checkpoints, the courts have imposed limitations to ensure that they remain within the boundaries of the law. Any deviations from the established guidelines may result in the exclusion of evidence obtained during a checkpoint stop.
The New York Governor's Press Office reported the issuing of 10,238 traffic tickets during the Fourth of July weekend of 2021 alone, due largely to a strategy involving sobriety checkpoints. The use of these checkpoints is not only legal in New York but it is also something that generates a large number of arrests.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485122024-02-10T15:09:53Z2024-02-10T15:09:53ZFactors contributing to overweight trucks
Several factors can contribute to trucks appearing overweight at weight stations. One common reason is a lack of awareness or miscalculation by drivers regarding the weight of their cargo.
Sometimes, the weight of the load may exceed the legal limit, leading to unintentional violations. Additionally, improper distribution of weight within the truck can result in uneven loads, causing the vehicle to surpass the allowable weight limits.
Inaccurate load measurement
Trucks with faulty or inaccurate weighing systems may also face issues at weight stations. It is imperative for trucking companies to regularly calibrate and maintain these systems to ensure accurate measurements. Failure to do so can lead to misreported weights, attracting attention at weight stations and potential fines for the drivers.
Changes in cargo during transit
Another factor contributing to trucks showing as overweight is the alteration of cargo weight during transit. Sometimes, goods may shift or settle, causing an imbalance in the weight distribution.
Drivers need to be vigilant in monitoring and adjusting their cargo during the journey to prevent unintentional violations.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485112024-02-02T03:37:49Z2024-02-02T03:37:49ZAge of the offender
One of the primary factors influencing the outcome of a drug charge is the age of the accused. In 2019 New York State raised the age at which the court tries individuals as adults for misdemeanors from 16 to 18. However, for those aged 17 facing a felony arrest, the situation becomes more complex. The court may try these individuals as adults, depending on the severity of the charges.
Nature and severity of the offense
The gravity of the drug offense plays a pivotal role in determining whether the court will try a juvenile as a minor. New York State evaluates the specific details of the alleged crime, considering factors such as the type and quantity of the drugs involved. Serious offenses or those involving larger quantities may increase the likelihood of trying the case in criminal court rather than Family Court.
Prior criminal history
A history of previous criminal activities can significantly impact the legal outcome for a young offender. If the juvenile has a record of prior offenses, especially those related to drugs, the court may be less inclined to treat the current case leniently.
Criminal intent and conduct
The court assesses the intent and conduct of the accused during the alleged drug-related incident. If it determines that the juvenile had a clear intent to distribute or engage in more serious drug-related activities, this may sway the decision toward trying the individual as an adult.
Ultimately, understanding the nuances of New York State law can contribute to better outcomes for juveniles facing drug-related charges in the state.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485102024-01-31T02:58:47Z2024-01-31T02:58:47Z1. Fail to establish clear financial records
One of the biggest mistakes divorcing spouses make is neglecting to compile and organize their financial records. Failing to create a comprehensive list of assets, including properties, bank accounts, investments and debts, can result in an uneven distribution of wealth.
2. Overlook tax implications
Divorcing couples often overlook the tax implications of asset division, which can have a significant impact on their financial futures. Assets such as retirement accounts, real estate and investment portfolios may have varying tax consequences. Ignoring these implications may lead to unforeseen tax burdens or missed opportunities for tax advantages.
3. Ignore future financial needs
Spouses might focus solely on immediate needs and overlook long-term financial considerations. Failure to account for future expenses, such as education, health care and retirement, can result in an uneven distribution of resources.
4. Disregard the valuation of assets
Assigning accurate values to assets is an important aspect of fair asset division. Many divorcing couples make the mistake of underestimating or overestimating the value of certain assets, leading to an unfair distribution. Seeking professional appraisals or evaluations can help ensure that both parties have a realistic understanding of the worth of their shared assets.
5. Forget about debts in the asset division
While assets are a focal point during divorce, debts are equally significant. Ignoring the division of debts can result in one spouse bearing an unfair burden. It is necessary to account for all outstanding liabilities and distribute them equitably to prevent future financial complications.
By avoiding these common pitfalls, couples can navigate the process more smoothly. They can achieve a fair distribution of assets and minimize the potential negative consequences of a divorce.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485052024-01-20T19:19:59Z2024-01-28T19:19:04ZThe charges against you
Carefully review the charges and potential penalties you are facing. Understand the mandatory minimums and sentencing guidelines for each charge. The prosecutors may initially hit you with the maximum charges, but they may consider reducing or dropping some charges through negotiation.
Your criminal history
Your past record will impact the deal you can get. Be realistic about your history so you can better assess the options. Limited or dated priors can help, while an extensive or violent record makes bargaining tougher. Still, skillful negotiations can lead to deals even for repeat offenders.
The strength of the prosecution's case
Analyze the facts and evidence against you. Weak cases provide more bargaining power, while strong cases limit options. Yet even strong cases have flaws that you can exploit when negotiating for reduced charges or sentencing leniency.
Your personal situation
Your background, responsibilities and future plans matter too. For example, highlight work, education, family obligations and community ties that a harsh sentence would disrupt. Stress any health conditions, dependencies or disabilities as well. These factors may help humanize you and sway prosecutors.
Negotiating plea deals is complex, but understanding these key factors will help you negotiate the best outcome possible. Be open, review the details closely and accentuate any mitigating circumstances. With preparation and skill, it is often possible to secure a fair plea agreement.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485042024-01-20T19:17:39Z2024-01-26T19:16:44Z1. Fines and penalties
Misdemeanor traffic charges often result in hefty fines. These financial penalties can strain one's budget, making it important to be aware of the potential monetary impact. Additionally, failing to pay these fines promptly can exacerbate the situation, leading to more severe consequences.
2. Increased insurance premiums
Beyond the immediate financial burden, a misdemeanor traffic charge can cause a spike in insurance premiums. Insurance companies view such charges as an increased risk, prompting them to raise rates. This escalation can persist for an extended period, amplifying the overall financial strain on the individual. The percentage varies by the type of infraction. Reckless driving could increase rates by as much as 70.4%.
3. Driving record impact
A misdemeanor traffic charge leaves a lasting mark on your driving record. This can affect employment opportunities, especially for roles that involve driving. Employers often scrutinize driving records, and a tarnished one may limit job prospects or even lead to job loss in certain industries.
4. Court mandates and programs
Individuals facing misdemeanor traffic charges may need to attend court-mandated programs, such as defensive driving courses. These programs aim to educate individuals on safe driving practices but can be time-consuming and add further financial strain.
Navigating the aftermath of misdemeanor traffic charges in New York emphasizes the uniqueness of each case. It is important to recognize that the consequences outlined may vary based on specific circumstances. Seeking the right defense strategy can be instrumental in mitigating these consequences.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485092024-01-26T04:05:03Z2024-01-26T04:05:03ZAcademic ramifications
When a student faces a drug conviction, academic consequences are inevitable. Most colleges maintain a strict code of conduct, and violating it can result in disciplinary actions such as suspension or expulsion. The interruption of education can delay completing a degree and derail future career plans.
Financial implications
U.S. News and World report states that a drug conviction can also impact a student's financial situation. Many colleges provide financial aid programs, scholarships or grants, and a drug conviction may render students ineligible for these benefits. Without financial support, pursuing higher education becomes more challenging.
Limited career opportunities
A drug conviction becomes a stain on a student's record, affecting their prospects in the job market. Employers often conduct background checks, and a criminal record may diminish the chances of securing employment. Certain professions, such as those in healthcare or education, may have strict regulations that can further limit career options.
Strained relationships
A drug conviction can strain personal relationships. The stigma associated with drug-related offenses may lead to social isolation or strained connections with family and friends. Rebuilding trust can be a challenging process, and the impact on personal relationships can contribute to emotional and psychological challenges for the individual.
Preventive measures
To avoid the negative consequences of a drug conviction, students should make responsible choices. Talking about the risks associated with drug use, and being aware of the potential legal ramifications will help to prevent such incidents.
By understanding the potential consequences of a drug conviction, students can navigate their college years and build a foundation for a successful future.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485082024-01-26T04:03:50Z2024-01-26T04:03:50ZLicense suspension
The New York State Police report that 30% of fatal crashes are alcohol-related. Authorities treat DUIs seriously. One of the immediate repercussions of a DUI conviction is the potential suspension of your professional license. Licensing boards often take punitive action. Depending on the severity of the offense, the board may suspend your license temporarily or even revoke it permanently.
Reporting requirements
Most professional licensing bodies require licensees to report any criminal convictions promptly. Failure to disclose a DUI conviction can lead to fines or further suspension. You must comply with reporting requirements to avoid exacerbating the consequences.
Impact on employment
A DUI conviction can also impact your current job or future employment opportunities. Employers may conduct background checks or require self-disclosure of criminal convictions. A DUI on your record can make you less appealing to potential employers and may even result in termination from your current position.
Professional reputation
A DUI conviction can tarnish your image and reputation and erode the trust others place in you. Clients, colleagues and the community may view you differently, potentially damaging relationships.
Rehabilitation and redemption
While a DUI conviction has serious implications, taking steps toward rehabilitation can positively influence your situation. Completing alcohol education programs, seeking counseling and demonstrating a commitment to personal growth may be factors licensing boards consider when reviewing your case.
A DUI conviction can have far-reaching consequences. People with professional licenses need to make informed choices both behind the wheel and in their professional lives to protect their careers.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485032024-01-20T19:14:57Z2024-01-24T19:13:47ZPreschool-aged children
Preschoolers may face anxiety and fear of abandonment. Changes in routines and living arrangements can be disorienting. Maintaining consistent routines, reassuring them of both parents' love and providing a stable environment can minimize these effects.
Elementary school-aged children
Children in elementary school may experience sadness, anger or guilt. They might blame themselves for the divorce. Open communication, emphasizing that the divorce is not their fault and involving them in age-appropriate decisions can help lessen emotional distress.
Middle school-aged children
Preteens may exhibit signs of rebellion, withdrawal or academic decline. Parents should understand their need for independence while offering emotional support. Keeping communication lines open, respecting their feelings and involving them in discussions about visitation schedules can give them a sense of control.
High school-aged children
Teenagers may struggle with feelings of betrayal, resentment or a fear of future relationships. Acknowledging their emotions, allowing them to express themselves and involving them in discussions about post-divorce arrangements can help them cope.
Strategies to minimize impact
Divorces are not easy for many children to understand or accept. Proactively address their difficulties in positive ways.
Encourage open communication about emotions and concerns. Reassure children that their feelings are valid so they feel comfortable expressing themselves.
Consistent routines provide stability. Stick to regular schedules for meals, bedtime and visitation to create a sense of predictability for children.
Minimize conflict in front of children. Keeping disagreements private and focusing on positive co-parenting can contribute to a healthier emotional environment.
Encourage children to seek support from friends, teachers or counselors. Having a network of trusted individuals helps them cope with emotional challenges.
Collaborate with the other parent to establish consistent rules and expectations. Presenting a united front, even when divorced, offers a sense of stability for children.
Divorce undoubtedly impacts children, but these measures can reduce some of the negative effects.
Put your children first
Focusing on your children's needs fosters stability, minimizes the impact of the divorce and helps them navigate the challenges with resilience. It also reinforces a sense of security, assures them of parental love and lays the foundation for positive post-divorce relationships.]]>On Behalf of James Kleinbaum Attorney At Law P.C.https://www.kleinbaumlaw.com/?p=485022024-01-20T19:12:02Z2024-01-22T19:11:03Z1. Sobriety test accuracy
One element to examine when challenging a DWI charge in New York is the accuracy of the sobriety tests conducted during the traffic stop. These tests, such as the walk-and-turn or one-leg stand, must adhere to strict standards. It is important to assess whether the administering officer followed proper procedures and if the testing conditions were ideal. Any deviations could cast doubt on the reliability of the results.
2. Breath test calibration
Another significant factor to scrutinize is the calibration of the breath test device used to measure blood alcohol content. The accuracy of BAC readings is a necessity in a DWI case. Any lapses in calibration or maintenance may raise doubts about the validity of the BAC results and provide grounds for challenging the charge.
3. Traffic stop legitimacy
Challenging a DWI charge may involve examining the legitimacy of the initial traffic stop. The officer must have reasonable suspicion or probable cause to pull you over. Review the circumstances surrounding the stop and determine whether the officer followed proper protocol. If there were any procedural irregularities, it could weaken the prosecution's case.
4. Witness statements and video evidence
Collecting witness statements and video evidence from the scene can be instrumental in challenging a DWI charge. Eyewitness accounts or footage from surveillance cameras may reveal discrepancies in the officer's narrative or provide alternative perspectives on the events leading to the arrest.
In 2020, the CDC estimated 127 million incidents of alcohol-impaired driving occurred in the U.S. For anyone arrested, that outcome is not always set in stone. The right defense can enhance the chance of a favorable outcome.]]>