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Can I Lose My New York Civil Service Position Because of an Injury?

Posted on in Civil Service Employment and Job Defense

New York City civil service job defense attorney

New York Civil Service laws give those in public positions additional job securities that workers in the private sector do not have. Still, it is essential to understand those limits to understand your rights as a public employee. Knowing how the Civil Service Laws can protect you in the event of a severe physical or mental injury can help you retain your job while you take the time that you need to recover. If you ever run into legal trouble regarding your public position, save yourself the stress by working with an experienced civil service job defense lawyer who will help protect your best interests.

New York Civil Service Law and Medical Separation

Medical Separation/Termination for medical reasons is different from being fired for misconduct. If an employee cannot perform his or her full duties for a year or more because of a temporary disability that occurred on or off the job, the employer can remove the employee or medically separate the employee from his or her position. Sections 71, 72, and 73 of the New York Civil Service Law explain when and how a civil service employee may be medically separated.

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What Are the Consequences of Being Issued an Order of Protection?

Posted on in Criminal Defense

New York City criminal defense attorney order of protection

If you are accused of domestic violence, your accuser may decide to file for an order of protection against you. Should this happen, it is important to understand what the criminal consequences of the various protective orders are, what you can and cannot do because of them, and under what circumstances you can contest them. Domestic abuse is difficult, emotionally turbulent terrain, and if you are ever accused of such, you should contact an experienced domestic abuse lawyer immediately. With professional legal help, you may be able to protect your rights, lessen any charges, and receive or retain fair custody or visitation rights of any children you may have.

Orders of Protection in New York

Orders of protection can be issued by a Judge in a Family Court matter or a Judge in a Criminal prosecution. In a criminal prosecution, the court issues the order of protection against the defendant charged with committing a criminal offense. The parties may or may not be known to each other. In a Family Court matter, the parties must be known to each other and the order of protection can be filed from one person to another if their relationship is spousal, if they share a child, if they are related or married, or if their relationship can be qualified as “intimate.” In this case, intimate does not relate to sex, and can simply include a longstanding history.

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Can I Be Tested for Marijuana During the NYC Job Application Process?

Posted on in Civil Service Employment and Job Defense

Bronx County civil service job defense attorney

Over the last few years, marijuana laws have been changing drastically around the country. In most states, marijuana laws apply to specific situations, and it is not entirely legalized. However, new rules regarding drug tests took effect this year in New York City. When applying for a new job, it is important to know your rights so that you are not wrongfully banned from positions for which you are qualified. If you think that a potential employer has violated the new marijuana testing laws, it is crucial that you speak to an experienced civil service job defense attorney to protect your rights.

NYC Marijuana Tests

As of May 10, 2020, most New York City employers are not allowed to test job applicants for marijuana or THC. However, this rule only applies to prospective employees. If an employer suspects an employee of using marijuana while at work, they are still able to conduct a drug test. Although this new law does not legalize marijuana, it prevents job applicants from being unfairly discriminated against.

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How Does Leandra’s Law Affect DWI Cases in New York City?

Posted on in Criminal Defense

New York, NY DWI defense attorney

The legal implications of a car crash caused by drunk driving become significantly more complicated if there is a child in the vehicle. The New York Child Protection Act, also known as Leandra’s Law, took effect in 2009. Leandra Rosado was an 11-year-old girl who was killed in an auto accident caused by a drunk driver who lost control of her vehicle after allegedly drinking for hours before she got behind the wheel. Leandra’s father fought for these stricter laws to be put in place. Because of this, it is essential to understand the consequences of driving while intoxicated (DWI). Regardless of the details surrounding a car accident, you must work with an experienced criminal defense attorney to defend yourself against criminal charges related to drunk driving. 

Child Protection Act/Leandra’s Law

Leandra’s law is designed to protect children from intoxicated drivers. The law’s initial form only punished drivers for being intoxicated while they had a child under 16 years of age in the vehicle. However, the final form of the bill goes one step further and requires that all drivers convicted of misdemeanor or felony drunk driving charges (even if they are a first-time offender) must equip an ignition interlock device (IID) on any vehicle they own for at least six months. At the time, New York was one of only 10 states to have a first offender ignition interlock law.

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What Are the Laws Regarding Theft Crimes in New York?

Posted on in Criminal Defense

Bronx theft defense attorney

If you are accused of theft in New York, this charge can encompass a variety of criminal offenses. Therefore, it is worth understanding the extensive rules that define what these crimes can be and how they might be punished. This will play a large role in how you and your defense attorney will proceed. In some cases, the penalties may include fines and prison time. There is no better way to develop a solid defense than to work with an experienced criminal defense lawyer. With that said, it is important to understand how New York laws might affect your case.

New York Larceny Laws

Larceny is an old English word that equates to theft. There are two main categories of theft in New York: petit larceny and grand larceny. Both involve a person intentionally depriving another of his or her property. Theft by wrongful taking of another person's property, tricking, embezzling, false pretenses, false promises, and extortion are all considered larceny under New York law. It is important to note that if a person is aware that he or she has acquired lost property but does not put forth an effort to return it, he or she can face similar theft charges as those of someone who purposefully takes someone else's property. Extortion is a broad category that includes obtaining someone else's property through threats to physically harm someone in the future, to damage property, to engage in other criminal activity, and other willful acts.

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What Are the Laws Regarding Marijuana Usage in New York City?

Posted on in Criminal Defense

New York, NY drug charges defense attorney

Many states have updated their drug laws related to cannabis, making the drug legal for recreational use in some places. The punishments for possessing and using marijuana in New York have relaxed somewhat in the last couple of years, but they can vary depending on the circumstances. It is important to understand how these revised rules may affect you. However, if you are facing charges for any drug crime, it is imperative that you work with an experienced criminal defense attorney to determine how to best present your case and build a strong legal defense. 

Is Recreational Marijuana Legal in New York?

Recreational marijuana usage is not legal in New York, but the laws pertaining to its usage have relaxed. For instance, if you get caught possessing under two ounces of marijuana, you will not be arrested, but you can be fined $50 to $200. If you are found with more than two ounces, you face stronger fines and jail time. Possession of an amount less than eight ounces is classified as a misdemeanor rather than a felony.

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