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Getz &
Braverman, P.C.

Personal Injury Cases And Criminal Defense In The Bronx

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Handling Criminal Defense And Personal Injury Cases In The Bronx

Bronx Criminal Defense Law Blog

How does New York law define forgery?

Some New Yorkers who find themselves facing charges related to forgery understand very little about this crime and/or didn't realize that they were doing anything illegal. We often associate forgery with things like artwork or perhaps historically-significant documents. Many forgery charges, however, involve far more mundane items.

"Written instruments" such as contracts, wills and prescriptions are commonly-forged items. Under New York law, "written instruments" also includes computer data. However, other items of value can be forged as well.

Understanding the insanity defense

Those accused of violent crimes may be interested in the insanity defense, but it's important to understand that the media attention this option receives makes it seem far easier and far more common than it is in reality. The insanity defense applies to very few cases and can be very difficult for the defense to prove because most juries and judges are skeptical of the defendant's sincerity when the topic of the insanity defense comes up.

The reason the courts have an insanity defense option is because it is assumed that if a person does not possess the mental state required to understand what they are doing or that it is wrong, they cannot satisfy the intent requirement of most charges. However, this does not mean that losing your temper and assaulting someone qualifies for an insanity defense even if you acted on impulse and immediately regretted your actions. The number of cases where an insanity defense is a viable option is very small, and there are also the other repercussions of this defense option to consider.

Violating probation terms can have serious repercussions

When New Yorkers are placed on probation, whether in lieu of jail time or after they have served their sentence, it's essential to fully understand and comply with the terms that are set by the court. These vary, depending on the offense, the court and other factors. If you fail to comply with those terms, you could find yourself behind bars.

In New York City, unlike the rest of the state, the city rather than the county is in charge of probation. The Division of Probation and Correctional Alternatives oversees the probation department in the Bronx and the other boroughs.

Some important points to know about commercial DUIs

If someone were to walk up to you and ask "what is the legal limit for driving while under the influence of alcohol?," you would probably answer with the figure that practically everyone knows: 0.08. That is the legal limit in New York, and every other state in the U.S., for a person's blood alcohol content to be at while driving.

What this figure hides, though, is that there are other BAC limits that apply to certain individuals and drivers. Today, let's take a look at how DUI laws apply to drivers who operate commercial vehicles or have a commercial vehicle license.

When is insider trading legal?

Insider trading is often associated with directors, corporate officers and sometimes other employees of a company who sell or buy company stock based on information they have that is not available to the public or other shareholders. However, other shareholders, including family members, business associates and friends can also face legal consequences for insider trading.

Probably one of the most widely-known cases involving insider trading ensnared Martha Stewart. The woman who turned domesticity into a business empire spent time in federal prison for lying to investigators about a well-timed stock sale of ImClone System stock. However, she was not actually convicted of insider trading.

Are you facing DWI charges?

The state of New York takes a hard stance when it comes to impaired driving and those individuals suspected of driving while under the influence of alcohol or drugs are subject to numerous penalties. As is true in most states, the legal Blood Alcohol Content level in New York is 0.08. Drivers with a BAC of 0.08 or higher will be arrested and charged with criminal charges related to driving while intoxicated. However, it's important to note that a driver can still face criminal charges even if tests return a BAC level below 0.08.

The vast majority of DWI arrests occur after a driver is pulled over by a police officer. To protect the rights of individual citizens, a police officer cannot choose to arbitrarily stop a driver. Rather, he or she must have reasonable suspicion to believe that a motorist is impaired. For example, in cases where a driver is braking frequently, driving erratically or drifting into an adjacent lane; an officer may have reasonable suspicion to pull a driver over.

In New York, a sex crime conviction has many and long-lasting repercussions

While individuals who face any type of criminal charges would be wise to take such charges seriously and consult with a criminal defense attorney, those who are facing charges related to a crime of a sexual nature face some of the harshest of all criminal penalties.

New York takes sex crimes very seriously and, if convicted, individuals who are found guilty of charges related to sexual assault, child pornography, rape, solicitation, indecent exposure and statutory rape may spend time behind bars. Additionally, upon one's release from prison, sex offenders in New York are required to comply with provisions and restrictions of the state's sex offender registry laws.

Drug arrests and illegal search and seizure

The State of New York takes illegal drugs seriously and imposes stiff criminal penalties against those individuals convicted of drug possession and distribution charges. A drug arrest may result from a number of scenarios and, for those faces drug charges, it's imperative to secure strong legal defense.

When investigating a case, a defense attorney will review key evidence including a client's first-hand account of events leading up to, during and after an arrest as well as any related police reports. In some cases, arresting police officers may have failed to follow proper legal procedures when stopping, searching and arresting an individual.

White collar criminal sentencing: many people think too harsh

We ask our readers in New York and elsewhere today to consider a hypothetical case in which a white collar criminal defendant is squared off against federal prosecutors in a stock fraud matter.

Although no evidence emerges in the case to indicate that the defendant derived any personal gain from the fraud, prosecutors are able to establish a pool of victims who did suffer economic losses.

Recent IRS data release underscores strong identity theft focus

The realm of white collar crime encompasses a truly wide universe, from health care fraud, tax evasion and embezzlement to money laundering, securities-related Ponzi schemes and identity theft.

The prosecution and outcomes of white collar crime probes often reveal this central reality: The targets of criminal investigations are sometimes flatly guilty of serious white collar crimes and sometimes wholly innocent of alleged criminal behavior.

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Frequently Asked Questions Personal Injury In New York City

    • Q: I've been injured — now what? A: First, see an experienced doctor. Your injuries should be taken care of before you even consider making a claim against someone for causing them. Make sure you are receiving top-quality health care. Keep all information from medical visits — good records of your injury and your treatments are vital for your case if you decide to pursue legal action. Then, call us to schedule your free consultation.
    • How long can I wait before I file a claim for my personal injury? You should seek help with your claim immediately. Depending on the state you live in, most cases must be filed within four years of the accident, but the sooner you contact us, the sooner we can help you build a strong legal claim. If you've been denied Social Security or disability benefits, your appeal must be filed soon after you receive your denial notification. Call us for assistance and an assessment of your case.
    • I was in an accident without insurance. Can you help me? We would need to assess your case. Our assessment might lead us to conclude that the vehicle you were driving was at fault, or perhaps the road conditions were hazardous. We would also need to assess all of the claims against you as the alleged negligent driver. Call us today for your free assessment.
    • A giant commercial truck/semi hit me, and I was injured/my children were injured/other people in my car were injured. What can I do? Large trucking companies have teams of lawyers at the ready to help them minimize payment or avoid paying you for the damage their driver caused you. You need to call us to help you get what you deserve from the company for your injuries, pain and suffering, damage to your vehicle, and any injuries to people riding in your car. To protect your rights, an independent investigation must be executed as soon as possible.
    • If I get hurt on the job, what should I do? Tell your supervisor or someone in your human resources department immediately, and then get help with your injuries. It's imperative that you file a report about the accident with your employer, or you may be denied any disability or workers' compensation benefits for your injuries. Then, file your workers' compensation documents according to your company's guidelines. If you are turned down, give us a call to get your case assessed. We'll help you get the compensation you deserve for injuries on the job.
    • What should I do if I was injured on a construction site? You should take the same steps as anyone injured at any other job. File an injury report and file for workers' compensation benefits. If you are denied benefits or mistreated by your employer, contact our law firm immediately. Also, contact us immediately if your injury might have been caused by a party other than your employer such as a product manufacturer or another party on a construction site. You might have an underlying personal injury claim.
    • If medical treatment was unsuccessful or caused my condition to worsen, do I have a medical malpractice case? Not all instances of poor medical outcomes are medical malpractice. It is important to speak with an experienced attorney about your specific circumstances.
    • If injured in a police misconduct/brutality incident, what should be done? Get names of witnesses. Take photos of injuries. Get immediate professional medical attention. Contact our Bronx-based police brutality attorney today.
    • What actions should I NOT take when speaking with a police officer? Don't say, "I know my rights," "I'm going to file a complaint/sue" or "I pay your salary." Don't resist or fight if you're going to be arrested even if the cop is wrong, or he or she doesn't tell you why.
    • What should you do in the event of police misconduct/brutality? Note the date, time and location of the incident. Note — but do not ask for — the name, badge or car number of the officers involved. Note the physical description of the officers.
    • What should you do when confronted by a police officer? Stay calm and be courteous. Don't be rude or curse at the officer. Take off your headset or turn down your music. If asked, give your name and address. You don't have to answer any other questions. Tell the officer(s) that you would like to exercise your right to attorney representation.
    • Contact a civil rights attorney or group immediately. If criminally charged, don't speak until you've consulted a defense attorney. What steps should be taken after experiencing police misconduct/brutality?
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172 East 161st Street, Bronx, NY 10451

Getz & Braverman, P.C.
172 East 161st Street
Bronx, NY 10451

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Phone: 718-618-5567
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Located Across The Street From All Bronx Courts And Two Blocks From Yankee Stadium

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