Mediating Your Divorce
January 26th, 2012
If you seek a non-confrontational approach to ending your marital relationship, mediation may be the route for you to take. Mediation is a type of Alternative Dispute Resolution (ADR), which can be a very cost-effective and efficient manner of amicably working out divorce related issues.
Mediated divorces are not litigated and there are no court appearances. A trained and neutral third party, usually an attorney familiar with matrimonal and family law, meets with the parties and reviews all issues with them in a non-confrontational manner. If the parties are mature, reasonable, and patient, mediation may be the best route to take with regard to handling a divorce case.
Divorces Where Mediation Won’t Work
Mediation, however, is not for everyone. Situations where the parties are not talking to each other or are not amicable do not present a good prospect for mediation. Cases involving very volatile relationships are also inappropriate cases for mediation. Further, domestic violence matters should not be mediated.
For mediation to be successful both parties must be honest with each other. If either party hides assests or seeks to intimidate the other party, mediation is not going to work.
Divorcing your partner can be a difficult process. Long term decisions need to be made on issues such as child custody, visitation (parenting time), spousal maintenance (alimony), equitable distribution of assets, dealing with business assets, valuing professional degrees, as well as the grounds for divorce. If you decide to use mediation, you should choose your mediator carefully. The Matrimonial and Family law attorneys at the Law Office of Elliot Schlissel have more than 100 years combined experience dealing with all types of Matrimonial and Family Law issues. We are available to discuss mediation and other divorce related topics. Contact us for a free consultation.
Prisoner’s Death Results In Large Damages Award
January 25th, 2012
Philip E. Parker, a former inmate in a Baltimore jail, was being transported by correction officers in a jail bus when he was murdered by a fellow immate. His family brought a lawsuit claiming that the four correction officers and the State had acted negligently in the supervision of the prisoners on the bus, and as a result of their failure to supervise, that another inmate, Kevin Johns, killed Mr. Parker during the bus trip.
18.5 Million Dollar Jury Award
A jury in the Baltimore City Court awarded Parker’s family 18.5 million dollars based on this incident that took place in 2005. The State argued the situation on the bus was not foreseeable and therefore they were not negligent. The State claimed that the incident happened very quickly, and that the bus was dark, further preventing the correction officers from intervening.
The State’s Appeal
The attorneys for the State have indicated they plan to appeal the verdict. The 18.5 million dollar verdict involved 7.5 million to Parker’s mother, 1 million payable to his father and 10 million dollars to be paid to his estate. The attorney for the Parker family, Samuel M. Shapiro, stated “immates in prison are human beings. These human beings, while incarcerated, need to be treated as human beings and if necessary, protected by the prison personnel from being murdered by other prisoners.”
New York Personal Injury Lawyers
For more than 30 years the Law Office of Elliot Schlissel has represented New Yorkers with regard to all types of personal injury cases. We have extensive experience in handling both car and truck accidents. Our office can provide legal representation in cases involving slip and fall accidents, premises liability, wrongful death matters, construction accidents, as well as nursing home neglect situations. We also have handled dog bite cases. Call us for a free consultation. Our phones are monitored 24/7, and we can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.
Teenagers Should Not Be Tried As Adults
January 24th, 2012
Jonathan Lipman is the Chief Judge of the State of New York. He seeks to reform our legal system with regard to the prosecution of teenagers as adults. He believes that teenagers who commit minor crimes should have these matters handled by the Family Courts and not the Criminal Courts. New York is one of only two states in the United States that try sixteen and seventeen year old as adults for minor offenses. Thousands of non violent youthful offenders should be given community service instead of being sentenced to jail as adults. When teenagers receive criminal records it has a negative impact in their fitting into society and obtaining meaningful employment in the future. Why should young lives be decimated by mistakes made as teenagers! Sometimes these teenagers are convicted before they grow into mature, reasonable adults. They should at least be given a chance to succeed.
Judge Lipman seeks to have the State Sentencing Commission submit a new bill to the State Legislature in 2012. He wants teenagers accused only of violent crimes prosecuted as adults. Teenagers who are charged with non violent crimes will have their cases handling under a pilot project in the Criminal Courts. Judge Lipman feels being more insightful with regard to the handling of cases involving teenagers in the long run is a better policy and will save large sums of money for the State’s present recidivism and eliminate unnecessary prison overcrowding.
I strongly agree with Judge Lipman’s suggestions. I hope the State Legislature will carry through with his ideas.
The Family Courts in the State of New York handle a variety of cases. They deal with orders of protection, child custody matters, juvenile cases, child abuse and child neglect cases. In addition, they deal with all types of problems involving juveniles. Both father’s rights and mother’s rights need to be protected in cases involving orders of protection in the Family Courts.
Our office can also assist you with regard to divorce related issues in the Supreme Courts. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.
Movie Style Jewel Robbery
January 20th, 2012
During a busy Friday, four masked men in blue painter’s overalls proceeded from a Cadillac Sedan into the Americana Mall in Manhasset, New York. They entered a jewelry store and took out their guns. In addition to their guns, they took out sledge hammers. This all took place at about 2:00 pm in the London Jewelry Store located in Manhasset, New York. The men told the employees and customers to lie on the ground. They then raised their sledge hammers and broke the glass cases. They emptied the cases of watches and then ran off to a waiting black Cadillac Escalade. The men and women in the store were shocked by these events.
Nassau County Police On the Job
Approximately two hours after this brazen robbery four of the six criminals were apprehended. None of the stolen loot was recovered from these men.
The mall in which this robbery took place is located in an affluent area on Long Island. The mall is approximately a quarter mile long and has luxury retailers, such as Tiffany, Prada, Louie Vuitton, Versace and Fendi. This is the first time a significant crime of this nature as ever taken place at this mall. All the employees and shoppers in the store were very shaken up by this brazen robbery.
It is important you have the best available criminal defense lawyer, should you be charged or investigated of a crime. The Law Offices of Elliot Schlissel has more than 30 years of experience in defending individuals investigated or charged with crimes. We are experienced in handling drug offenses, domestic violence, assault and battery, juvenile offenses, driving while intoxicated, weapons possession, sex crimes, computer and internet crimes and all other felonies and misdemeanors. If you ever need an attorney you can call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. Our phones are monitored 24/7.
Teacher Gets Student Pregnant, School District Sued
January 17th, 2012
Kenneth Rettler, a teacher in the Desmoine Iowa School District impregnanted one of his student, after making repeated sexual advances to her. Even more troubling, the Principal of the school, Rich Blonigan, was aware he was spending time alone with Josephine Stevens in his classroom with the door locked – against school policy. Mr. Rettler had sent Ms. Stevens numerous, inappropriate communications via both text message and e-mail, also in violation of school policy.
School District Sued
Ms. Stevens has brought a lawsuit in the Iowa District Court against the school district. The lawsuit alleges she has experienced humiliation, emotional harm and embarassment due to getting pregnant, and she has demanded monetary compensation for her injuries.
The teacher was fired and voluntarily surrendered his teaching license. This was a result of his sexual liasions with a student who was only seventeen at the time. Sex Between Teachers and Students is Against the Law In Iowa
It is a crime in the state of Iowa for a teacher to have sex with a student – regardless of that student’s age. If there are repeated liasions between the teacher and student, the crime is a felony subject up to five years in prison. Rettler has plead guilty to sexual exploitation and obstructing prosecution. He has been sentenced to six months in jail, and in addition has to complete a sex offender treatment program. He will be forced to register as a sex offender whereever he lives in the future.
Teacher’s jobs involve instructing students not taking advantage of their naivety.
If you are involved in a car or truck accident, the Law Offices of Elliot Schlissel can help you recover from your damages. In addition, our law firm represents men, women, and children with regard to premises liability cases, construction accidents, wrongful death cases, nursing home neglect cases, and all other personal injury matters. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.
Men Who Spent 40 Years in Prison Exonerated and Released
January 16th, 2012
The Innocence Project, a non-profit organization that works to overturn wrongful convictions, has set two men free. Obi Anthony, age 37 and Michael Morton, age 57, both got released from prison to the innocence project. Both men had continuously maintained that they were innocent of the crimes they were convicted of and were serving life sentences for murders they didn’t commit. Together they spent in excess of 4 decades in jail before being freed by the diligent work of the innocence project.
Obi Anthony was in prison for seventeen years. He was convicted of killing a man outside a brothel located in Los Angeles, California. The prosecution’s main witness was a pimp, who subsequently admitted that his testimony in trial was false. The witness stated that he falsified his testimony to help him obtain a lighter sentence for his own crimes. Not only is Obi Anthony not the individual responsible for the shooting, but he wasn’t even present when the crime took place.
Michael Morton Spent 25 Years In a Texas Prison
Over 25 years ago, Michael Morton was charged and convicted with beating his wife to death. At the time of his conviction, however, technology did not exist whereby DNA evidence could be examined.
At the time of Morton’s conviction there was a bandana found at the scene of the crime. This bandana in fact contained DNA material of another man who was suspected of killing a woman under similar circumstances.
The prosecution in Morton’s case labeled him a sex-crazed, murderous monster, and also claimed he had faked a burglary as an excuse to kill his wife.
DNA evidence from the scene of the crime eventually exonerated Morton. This inevitably forces us to ask ourselves – how many other innocent men and women are languishing in American prisons?
Our law firm has extensive experience in handling a variety of criminal matters, such as drug offenses, driving while intoxicated (DWI), domestic violence cases, assault and battery, juvenile defenses, shop lifting, burglary, weapons possession, sex crimes, white collar crimes, violent crimes, computer and internet crimes as well as all types of misdemeanors and felonies. Call us for a free consultation. We can help you!
Women Given Equal Rights to Become the Queen of England
January 14th, 2012
Female children in England now have an equal chance to become the Head of State. If newlyweds Prince William and Kate Middleton have a daughter, she can now become Queen. This is true even if she has younger brothers. The countries in the English Commonwealth have recently agreed to change the century-old rules concerning who can become the Head of State in England. In the past, ascension to the throne always took sons over daughters. But now if William and Kate, Dutchess of Cambridge, have a daughter she would be beat out her younger brothers to becoming the Head of State. She would become Queen! Before these changes can become fully effective they must be approved by the legislators of all sixteen nations in the English Commonwealth where Queen Elizabeth is considered the Head of State.
There has been speculation that Kate Middleton will be starting a family soon. This rule change has been discussed for the purpose of dealing with Kate’s children, especially if the oldest child is a daughter.
Hugo Vicors, an expert on the Royal Family, recently stated “you shouldn’t muck around too much with the Constitution, but it is a good idea to change this at this time. It’s much better to have it sorted out before any babies come along.” Although the new rule applies to future heirs to the throne, it does not impact on the current lines of succession. The current prime minister, David Cameron is a big proponent of these changes. He feels it’s important to give women equality regarding this issue.
Women’s Rights and Men’s Rights
Both men and women have equal rights involving divorces and family court issues. They are both entitled to protect their rights with regard to issues of child custody, orders of protection, visitation (parenting time), child support, spousal maintenance (alimony), child abuse, child neglect proceedings, and issues involving divorce and separation agreements. The attorneys at the Law Office of Elliot Schlissel have more than 100 years of combined legal experience in dealing with these issues. Should you have a matrimonial or family law issue, call us we can help you.
Omaima Nelson, Who was Convicted of Killing Her Husband and Cooking Him has Applied to Be Paroled
January 13th, 2012
Omaima Nelson was convicted of killing her husband, William Nelson. Omaima, then 23, killed her 56-year old husband and planned to steal from him as she had done with other middle-aged men. Her modus operandi was to seduce middle aged men, marry them and kill them for their money. After being married to her husband for less than a month, she tied him up and murdered him. She then completely dismembered his body and put his body parts through a garbage disposal.
When authorities investigated the case, they found some of Nelson’s body parts in garbage bags – mixed in with leftover Thanksgiving turkey. His hands had actually been fried in oil, and his boiled head kept in the freezer.
Omaima has applied at the Central California Women’s Facility in Chowchilla for parole.
Grizzly Testimony at Her Trail
A psychiatrist at Omaima’s trial gave testimony that Omaima had confessed to the psychiatrist that she cooked her husband’s ribs barbeque style, and that they were tasty.
Omaima was convicted of second degree murder and was sentenced to a term of imprisonment of 25 years to life. She now seeks to be paroled for this 1991 murder of her husband.
The attorney who represented Nelson on her appeal, Terrance Scott, commented with regard to the parole request. Scott stated that it was unlikely she would be released, unless it was into a mental institution. Omaima had represented to Scott that she chopped her husband up because of fear of meeting him in the afterlife, pursuant to her beliefs in Egyptian mythology.
New York and Long Island Criminal Defense Lawyers
No doubt about it, being charged with a crime is a scary experience. The best way of dealing with these situations is to hire the best criminal attorneys available. For more than 30 years the Law Office of Elliot Schlissel have been representing individuals charged with crimes. We have extensive experience in handling drug offenses, domestic violence, assault and battery, shop lifting, weapons possession, violent crimes, computer and internet crimes. In addition, our law office can help you with traffic related citations, such as speeding tickets. Call us for a free consultation. Our phones are monitored 24/7.
Life Sentence For Possession of Child Pornography
January 11th, 2012
It is against the law to download child pornography from the internet. It violates both State and Federal laws.
But A Life Sentence?
Daniel Enrique Guevara Vialca, age 26, has been sentenced to life imprisonment by a Court Judge in Florida for downloading pornographic images from the internet. Is this sentence too severe? Criminal Justice experts point out if Daniel had molested a child he most likely would have received a less harsh sentence. Professor Douglas Berman, who teaches at Ohio State University, stated “to me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.”
Sexual Offenses Involving Crimes of Children
Sexual offenses involving children are among the most outrageous. Americans have no sympathy for individuals involved with child pornography. Most people assume that individuals who download child pornography from the internet will molest children. However, there is a body of scientific research that shows this is simply untrue. Most child pornography viewers are passive individuals who look at the pornography but take no action to actually carry out these fantasies. Simply speaking, viewers of child pornography are generally not child molesters. Unfortunately, this view is not widely accepted by most Judges.
Murderers Received Life Sentences
Daniel Enrique Guevara Vialca has received a life sentence. This is the same type of sentence given to murderers. This is a disproportionate sentence. Although child pornography should remain illegal, the court should distinguish between individuals who view child pornography and child molesters. Men charged with possession of child pornography should not receive the same sentence as those convicted of first degree murder!
Vigorous, aggressive legal representation is required if you are investigated or charged with a crime. Elliot S. Schlissel and his associates have been representing New Yorkers charged with crimes for more than 30 years. The law firm is experienced representing individuals charged with computer and internet crimes, violent crimes, white collar crimes, sex crimes, weapons possession, driving while intoxicated (DWI), burglary, shoplifting, juvenile offenses, domestic violence, drug offenses and all types of misdemeanors and felonies. Call us at 1-800-344-6431, 516-561-6645 and 718-350-2802 for a free consultation.
Why You Need A Living Will
January 10th, 2012
End of life issues are difficult to face. Everyone that lives will eventually die. If you want to make your own choices as to how you’re cared for, should you become gravely ill, it is important that you have a Living Will. A Living Will is an advance directive that explains to your loved ones and your physicians what type of life prolonging medical treatments you want and don’t want if you become incapacitated, are placed on a resperator, or are unable to express your concerns due to illness or injuries.
End of Life Issues on Long Island
Long Island (Nassau and Suffolk Counties) in the State of New York, is considered a “ high spending” medicare area of the country. Most individuals without health care proxies on Long Island will find themselves dying in a hospital. Individuals with Living Wills can choose to spend their final days in a hospice facility.
Hospice Facilities Verses Hospitals
Hospice Facilities are designed to make patients facing end of life diseases comfortable by treating their pain and allowing their illnesses to run a natural course. Treatment in hospitals is organized around the theory of prolonging life. This can involve aggressive procedures even if the illness is considered by the treating physicians to be terminal. The treatment in hospitals for terminal illnesses can greatly reduce the quality of the individuals life. Sometimes the difference between hospice care and hospital care relates to the quality of the individual’s life while dealing with a terminal illness.
Living Wills and Family Members
Lauren Hersh Nicholas is a health professor with the University of Michigan. She has conducted a study of involving living wills. She states there’s a benefit to the family of the patient. “Family members have a somewhat easier decision making process, because they have greater guidance.” The hospice treatment can eliminate pain and reduce medical procedures that are unlikely to work.
The Elder Law and Wills, Trusts and Estate lawyers at the Law Office of Elliot Schlissel have been helping their clients deal with end of life issues for more than 3 decades. The law firm drafts Wills, Trusts and Health Care Proxies, Powers of Attorney and Living Wills. They represent individuals involved in will contests. They explain to executors of wills their duties. In addition, they draft revocable living trust and irrevocable living trusts. The firm is also involved in assisting clients with nursing home issues as well as medicaid planning technigues. Call for a consultation at 1-800-344-6431, 516-561-6645 and 718- 350-2802.
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