CRIMINAL MATTERS
Encounters With Police
What do I do if I am stopped by the police?
Most importantly do not admit any wrong doing, ever. This is for civil and criminal matters. Do not admit that you caused an accident. Do not admit that you had been drinking. Do not admit anything, ever. The police will lead you to believe that if you admit wrongdoing you will be allowed to go home or leave. This is not true.
You must remember the police are allowed to lie and use deceit to obtain the information they seek. It does you no good to say later "but the officer lied to me". The police want you to make admissions and/or confessions. "I am sorry" will be used against you in a court of law. No matter what, simply say "I must confer with an attorney before I can answer any questions." Continue to say this over and over and do not answer anything prior to speaking with an attorney. Note Young & Young, LLP has an emergency mail box which will reach out for an attorney 7 days a week 24 hrs a day.
What do I do if I am stopped by the police and I have been drinking?
Do not admit that you have been drinking. Most people will say "I just had a few beers". This is a confession and the jury will hear it. Say you want a lawyer. If asked to sign something write "I want a lawyer" never, never sign you name to anything, never!!! If asked to take a breathalizer do not take the test and do not refuse.... STATE "I WANT A LAWYER" ---- keep stating that until you have spoken with an attorney or until they stop talking to you. Never say anything other than "I WANT A LAWYER" never write anything other than "I WANT A LAWYER."
What do I do if a police officer calls me on the telephone?
When you answer the phone and someone states that they are a police officer looking for you or someone else ask for a call back number. Many officers will immediately attempt to give you orders. Remember you are on a telephone and the police have no authority to order you around in your own home or on a telephone. Likewise, they are in no position to do so if they become rude, loud or abusive simply hang up.
Second, tell the officer that you will contact him back after confirming that this person is in fact the police. If they persist tell them that you will consult an attorney. Again if this should upset the officer simply hang up and immediately call an attorney. Note Young & Young, LLP has an emergency mail box which will reach out for an attorney 7 days a week 24 hrs a day.
CIVIL CASES
What do I do if I am in a car accident?
Make no admissions of guilt or wrongdoing. Do not approach the other driver and apologize as this will be used against you in a court of law. Decline to make a statement to the police until you have consulted with an attorney. Note Young & Young, LLP has an emergency mail box which will reach out for an attorney 7 days a week 24 hrs a day.
What do I do if I or someone I care about is seriously injured?
Immediately contact an attorney. Remember much like the police who have one goal in mind which is making arrests, insurance companies also have one goal in mind and that is not paying any money no matter how at fault there insured person is. Even before going to the hospital call an attorney, the things you tell the hospital staff are written down and can be used against you in court later by insurance representatives who will have no problem twisting your statements or taking them out of context to make you look at fault. Note Young & Young, LLP has an emergency mail box which will reach out for an attorney 7 days a week 24 hrs a day.
What do I do if a loved one dies?
Immediately contact an attorney. The death of a loved one no matter how old or sick is a great shock to the human system, you will not think clearly. By contacting a lawyer as soon as practicable you can explain all the facts, age, cause of death, location. The death may involve wrongful conduct which necessitates the preservation of evidence and records. The death may be at home where large amounts of liquid assets or valuables may be. The death may be deemed suspicious by the police and you must protect the rights of yourself and your loved ones. Remember if someone dies contact a lawyer as soon as possible. Note Young & Young, LLP has an emergency mail box which will reach out for an attorney 7 days a week 24 hrs a day.
DIVORCE/SEPARATION
Does NY have no fault divorces?
No in New York there must be grounds for a divorce. The closest thing to a no fault divorce is obtaining a divorce upon a separation agreement. Many lawyers use this method to facilitate an uncontested divorce.
Does NY have equitable property distribution?
No NY uses the common law or "old laws". Property owned prior to the marriage is separate property if maintained as separate. Property acquired during the marriage is generally marital property with many exceptions. New York's property law is more complicated than most states and it is imperative that you hire an attorney who understands the vast exceptions under marriage acquired during the life of the marriage.
Divorce, separation, child custody, child support are far more complicated than just 10 years ago. Many people who previously believed that they could or did handle their own affairs find today's new state and federal laws overwhelming. It is near impossible to properly handle these issues pro se and the people who try usually spend more money having a lawyer undue all the mistakes and then correctly proceed.
Many persons considering divorce attempt to gain the "upper hand" by involving the police or family courts. They may seek orders of protection and other services alleging their significant other has perpetrated some wrong doing. This action causes many governmental agencies to become involved in their affairs. No one amongst us is a saint and once these agencies become embroiled in your affairs in may take months or years to get out from under their authority or oversight. Likewise, many persons who invoke these remedies then become entangled in them and spend thousands on legal fees to solve the problems they brought upon themselves. Consult a competent attorney prior to seeking any governmental intervention, unless a true life threatening emergency exists.
A simple rule of thumb is if you find yourself in any situation and your not sure what to do; or it is serious; or unusual, call Young & Young, LLP at (631) 224-7500, 7 days a week 24 hrs a day. Your telephone consultation will be free of charge and may save yourself or a loved one tremendous aggravation, money or personal freedoms. Better to be safe than sorry!
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