The Elliot Schlissel New York Law Blog

You can be found not guilty if you fight a traffic ticket.  The key to handling traffic tickets is to be aware of the various ways these citations can be defeated.  The purpose of this article is to assist you in winning when charged with a traffic offense.  This will avoid points being placed on your license!

The first thing you should be aware of concerning traffic tickets is that you have a right to a trial or hearing regarding a traffic ticket.  You need to submit a not guilty plea.

After pleading not guilty, it is important that you garner evidence to support your case.  The following is a list of the types of evidence that can be presented in a courtroom:

1. Photographs of the various items related to your case.  They may involve signs or road conditions.  The photographs should be date-marked and be taken by you.

2. A diagram of the location where the summons was issued.  The diagram can show intersections, traffic signals or other vehicles.  Diagrams are especially important in issues involving traffic lights, failure to yield or issues involving who had the right of way.

3. The most important type of evidence would the testimony of eye witnesses.  Obviously, you can testify, but your word against the word of a police officer may not be enough.  If there were other individuals in the car or other witnesses who saw the incident, their testimony would be extremely helpful to you.  You can show that your conduct was justified.  Examples of what may be justifiable conduct would involve stopping on the side of the road because your car has developed a dangerous or unsafe condition or swerving to avoid another car that was being improperly operated.  Another example of justifiable conduct would be if you had become ill, requiring you to take emergency action to avoid an accident.

The Best Way to Deal with A Traffic Ticket is to Hire a Traffic Ticket Defense Attorney

Our law office has represented individuals involving speeding tickets, red light tickets and virtually every type of traffic violation.  We have an excellent success rate regarding these matters.  In addition, we represent our clients regarding drug offenses, domestic violence matters, misdemeanors and felonies of all types as well as driving while intoxicated (DWI) and driving with a suspended license charges.  Feel free to call us should you have any questions regarding any of the aforementioned traffic tickets or criminal matters.  Our office number is 1-800-344-6431, 516-561-6645 or 718-350-2802.

Judge Richardson-Mendelsohn, a Family Court judge sitting in Queens County, New York, has refused a request to allow a six-year-old boy to testify via a closed circuit television hookup in a Family Court proceeding seeking an order of protection against his uncle.

Z. Shareef, the boy’s mother, had brought a proceeding in the Queens Family Court seeking the extension of an order of protection against her husband’s brother.  After bringing the application to the court, her attorney requested permission for the six-year-old boy to testify by a closed-circuit video hook-up.

Request for Video Hook-Up Denied

Family Court Judge Edwina G. Richardson-Mendelsohn denied the application to allow the six-year-old to testify by a video hook-up.  She stated in her decision that respondent Nhassen’s constitutional rights outweighed the need to protect the boy from psychological trauma.

The petition brought by the boy’s attorney indicated the boy is so afraid of his uncle that he’ll be petrified when he enters the court room and will be unable to testify in open court.  The judge rejected this argument, stating in her decision, “Although the petitioner contends that a her six-year-old son is scared of the respondent and therefore it will be traumatic for him to testify in [his] presence, no specific evidence supporting serious mental or emotional harm to the child has been presented.”  The lawsuit brought by Ms. Shareef, the boy’s mother, indicates, among other allegations, that the uncle has kicked her son and also hit him in violation of an order of protection.

Family Court Attorneys

The Fathers’ Rights Lawyers at The Law Office of Elliot S. Schlissel have been representing men regarding applications for orders of protection for more than three decades.  Our office aggressively presents the fathers’ positions in cases brought by Administration for Children’s Services (ACS) and Child Protective Services (CPS) for child abuse.  We work with our clients to provide the best possible results in these proceedings.  We also represent fathers in custody disputes, child support matters, visitation cases, spousal support matters, as well as all aspects of divorce litigation.  If you are a father or a man faced with a difficult situation either in a divorce or Family Court proceeding, we are the law firm that can help you.  Feel free to call us 24/7 at 1-800-344-6431, 516-561-6645 or 718-350-2802.

When you place a loved one in a nursing home, it is your hope that they are going to be cared for.  The nursing home is responsible for meeting their needs for food, shelter and medical care.  There has been a significant number of cases in recent years where nursing homes have not provided the high-level of care that is their obligation.  In some situations, the seniors have been physically abused.  Other cases involve the theft of money and valuables from seniors.

Common Signs of Elder Abuse

There are many types of elder abuse of seniors in nursing homes.  They can be verbally abused, physically abused and sexually abused.  They can be neglected to the point that it has a negative effect on their mental and physical health.

Seniors who rely on wheelchairs, crutches or walkers can be abused if these items are not made available.  They can then become captives in their rooms, subject to false imprisonment.  There have been instances that our office has been involved with where seniors valuables seem to develop feet and walk away on their own.  Usually another resident or staff member of the nursing home is involved in the theft of the senior’s possessions.

What to Look for Regarding Nursing Home Abuse

To start with, you should always have access to a loved one at a nursing home.  There is no reason why a staff member should prevent you from spending time with a loved one.

The following are signs of physical abuse: sudden weight loss, dehydration, bed sores, marks from restraints, broken bones and other injuries from falls as well as over- medication.  These are indications of sexual abuse: bleeding or bruises in the genital area or rectum, torn or bloodied garments or the contraction of sexually transmitted diseases.

Verbal abuse can involve seniors regressing.  This is when the senior enters an infant-like state, such as sucking their thumb or mumbling.  Seniors can show an excessive fear or apprehension around other people.  Visible depression or anger can also be related to verbal abuse.

What do you do if you believe a senior has been abused? The first thing you must do is try to obtain documentation or evidence of what actually happened.  If you find abuse has taken place, it is strongly suggested that you remove the individual from the facility.  You should thereafter notify the administrators of the facility and agencies regarding what transpired.  You should also hire an attorney and sue the facility.

There are several types of lawsuits that can be brought against nursing homes.  Lawsuits can be brought to deal with financial abuse, verbal abuse, false imprisonment, physical abuse, sexual abuse and neglect.  Nursing homes must provide reasonable care to their residents.  Nursing homes are held to a very high standard of care.  The Nursing Home Reform Act (NHRA) of 1987 requires that nursing homes maintain a specific high level of care if they are receiving reimbursement from either Medicare or Medicaid.

Nursing Home Abuse Statute

The federal statute regulating nursing homes is called the Nursing Home Reform Act of 1987 (NHRA).  This statute has specific regulation requiring all nursing facilities in the United States that receive either Medicaid or Medicare to maintain facilities that are safe, clean and well-managed for the nursing home residents.  Federal regulations require that all nursing homes residents have a right to be free from verbal, physical, sexual or mental abuse.  The rules stated in the NHRA are contained in a pamphlet called the “Residents’ Rights”.  An overview on the National Citizens Coalition for Nursing Home Reforms website is www.NCCNHR.org.  This Federal statute allows the recovery of “compensatory damages”.  These damages are calculated at 25% of the daily per-patient statutory rate of payment which has been established for the facility.

Elder Care Lawyers

We sue nursing homes.  Our office sues nursing homes that fail to provide the required high-level of care to their residents.  We will deal with issues involving nursing home abuse.  We also assist our clients in contested wills and estate proceedings as well as the drafting of wills and trusts. We assist our clients if they have special needs children with drafting a special needs trusts and supplementary needs trust. Should you, a friend or loved one have a need for an elder care attorney, call us at 1-800-344-6431, 516-561- 6645 or 718-350-2802.

A man wearing a motorcycle helmet entered the Bellagio Hotel in Las Vegas on Tuesday, December 14, 2010.  He pulled out his gun at the window where the chips were maintained.  He escaped with $1.5 million dollars in chips! In the movie “Ocean’s Eleven”, the Bellagio Hotel is robbed by George Clooney, Brad Pitt and his crew.

Bellagio Chips May Be Worthless!

As indicated earlier, the robber received Bellagio chips and not money.  Although these chips can be used at the Bellagio Hotel, the robber will have difficulty in converting these chips into money.  To start with, these chips are very rarely circulated.  The Bellagio has notified all of it’s cashiers, pit bosses and other employees of the robbery. The Bellagio security personnel will certainly be on the lookout for anyone trying to cash in large amounts of chips in the future.  Within the chips is a tiny electronic devise that will allow the Bellagio Hotel to track the chips.

The police believe the same individuals that robbed the Bellagio Hotel also stole $20,000 in chips from the Las Vegas Sun Coast Hotel the same day.  The casino industry in Las Vegas has some of the most sophisticated security devices in the world to deal with robberies.

For now, the exploits of George Clooney and Brad Pitt’s crew in Ocean’s Eleven have made a terrific movie about robbing the Bellagio Hotel.  Unfortunately, it was a fairy tale!

New York Divorce Lawyers

We can handle your divorce.  We will aggressively deal with child support, child custody, spousal maintenance (alimony), division of property and all other divorce-related issues.   Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. We can help you!

When we were born, our parents cared for us.  Are we up to the task of taking care of our parents when  they grow old? This is especially difficult when you don’t live near your parents.

Siblings Nearby

Some people are lucky, in that a brother or sister lives near their parents.  While the sibling becomes the primary caretaker, it is still important that you contribute to the taking care of elderly parents.  You should contact the sibling that lives nearby and find out what you can do to help him or her.  You may be able to deal with medical issues involving your parents’ principal medical providers.  You also may be able to visit periodically and relieve your siblings.

Making Your Parents’ Home Safe

When you visit your parents, you should take a good look at their home.  If your parents are unsteady on their feet or use a walker, you may want to go room by room and see what modifications to your parents’ home are necessary.  For example, do the bathrooms have safety bars? Are there places in your parents’ home where they may slip and fall?

You should also look into the accessibility of various parts of your parents’ home.  Are there problems with doors, cabinets or wall switches?

Are arrangements for Your Parents Acceptable?

Can your parents take care of themselves? Do they need help during the day? Do they need help with their bathroom and toilet needs? Do your parents need help going to the doctor’s office? Think about these issues and if your parents need help.  Devise a plan to deal with each of these problems.

Can Your Parents Take Care of Themselves?

Can your parents deal with their own medical needs? Are they taking the right medications? Do they need help filling their medication prescriptions? Can they read the right dosage necessary on their prescriptions? Is their home clean? Do they need cleaning help or a health care aid?

Are they paying their bills? You should check to see that their credit card, electric, oil, mortgage or other bills are paid.  You don’t want to end up having your parents in a situation where they are sitting in the dark because they forgot to pay their electric bill.

Can your parents deal with their food needs? Can they go to the grocery store and shop for themselves? Can they still cook? If they cannot meet these needs, you should look into hiring someone to assist them with the purchase of groceries and the preparation of meals.

At what point and time should your parents stop driving? Is their eyesight adequate to see what’s happening on the road? Are their hands shaking to the point that they can’t handle the steering wheel? Are they a menace to themselves and other drivers on the road?

Your parents’ mental state is also important.  Do they have friends? Do they have social interaction with their peers? Is there a support system where your parents live? Growing old in America is difficult. It is your duty as a child, niece, nephew or friend of a loved one to help them.

Elder Law Attorneys

The Law Office of Elliot S. Schlissel have been handling Elder Law matters for their clients for more than thirty-three years. The firm represents its clients with regard to issues involving nursing homes.  We help clients do estate planning and Medicaid planning, so in the event they need to go into a nursing home, their home won’t be taken to pay the nursing home bill.  We prepare special needs trusts for children and irrevocable trusts to protect homes.  We draft wills and trusts for clients. In the event clients die, we help probate the wills and trusts.  Feel free to call the Elder Care Attorneys at The Law Office of Elliot S. Schlissel for a consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Individuals who reach the age of retirement are usually on a fixed income.  It is important for  these  retirees to receive the biggest bang for their buck.  They need to live on a moderate level so  they do not  live longer than their money can support them.

According to the Pew Center for States Report, the ten worst states for retirees to live in are  Arizona, Florida, Illinois, Michigan, Nevada, New Jersey, Oregon, Rhode Island , Wisconsin  and California.  Hooray for New York! It didn’t make the list with the other bad boys.

The report did indicate that New York has “very high taxes”.  It stated that New York has the second highest tax rate and the fifth highest per-capita property taxes.  The report also indicated that New York has a “dysfunctional legislature”.  The report also pointed out that there was a benefit to living in New York because pension income is exempt from income taxes.

The report involving the worst states to live in focused on the fiscal health, taxation and climate of the states in the United States.  It considered factors regarding which state to retire in involving taxes, climate, typography, the crime rate, recreational opportunities in the state, the quality of transportation and healthcare, as well as the cost of living and the physical health of the state itself.  Individuals, before they retire, should take into consideration all of these factors and how it will effect the quality of their life.  From my point of view, I would rather be happy and poor than have more money and be miserable.

Estate Planning Lawyers

The Estate Planning lawyers at the Law Office of Elliot S. Schlissel have been assisting their clients in drafting wills and trusts for more than thirty-three years.  We represent our clients with regard to the drafting and implementation of revocable living trusts and irrevocable living trusts.  Elliot S. Schlissel, Esq., is a member of the National Academy of Elder Law attorneys.  Our office provides all types of elder law assistance.  We deal with issues involving nursing home abuse, Medicaid, Medicaid planning, special needs trusts, as well as supplemental needs trusts.  Call us at 1-800-344-6431, 516-561-6645 or 718- 350-2802 for a free consultation.

Susan Williams of Garden City, New York, was recently sentenced by Nassau County judge Norman  St. George to serve 8 to 25 years in prison for hiring a hit man to murder her husband.

Divorce by Murder

Judge St. George stated, “She wanted a divorce by murder.”  He further stated upon sentencing that “The court will show the same leniency to the defendant that she afforded to her husband.”

Susan Williams hired a hit man to kill her husband, Peter Williams.  She was having marital difficulties with her husband.  Instead of getting a divorce, she decided to murder him and collect his life insurance.

Unfortunately for Susan Williams, the man she hired and gave a five-hundred dollar deposit on a twenty thousand dollar murder-for-hire arrangement was an undercover police officer.  This was her way of short cutting the divorce process.

One Million Dollar Life Insurance Policy

Ms. Williams had forged her husband’s signature to a one million dollar life insurance policy in 2009.  At the time of her sentencing, her children begged the court for mercy for their mother.  On a surveillance video tape, Ms. Susan Williams passed on several chances to let her husband live.  She stated on the video tape, “I would do it myself if I could.”  The Nassau County District Attorney Kathleen Rice said Williams should have thought about her children when she planned to murder their father.  Kathleen Rice stated, “She knew what she was doing was going to destroy their lives, and she did it anyway.”  Kathleen Rice further stated, after Williams was sentenced, “The tears she’s crying now are for herself.”

New York Divorce Attorneys

A divorce in New York is not so difficult to accomplish.  For more than thirty-three years, our law office has been assisting our clients in obtaining divorces.  We represent our clients and help them obtain spousal maintenance (alimony) and child support for their children.  We help fathers and mothers in issues involving child custody and visitation.  We litigate fathers’ rights issues involving orders of protection concerning Child Protective Services (CPS) and the Administration for Children’s Services (ACS).  We are available to represent our clients concerning issues involving paternity and child abuse.  Should you have questions, feel free to contact us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

President Obama, in a statesman-like series of decisions, has worked out a compromise  with the new Republican majority in the House of Representatives regarding jobless  benefits, income taxes and estate taxes.  Although some of the President’s democratic  colleagues did not see eye-to-eye with the President on this issue, in the spirit of compromise, they have also agreed to the new tax law.

Middle Class Tax Relief Act of 2010:  The George Bush Era Tax Rates for all Taxpayers

President Obama had initially said he would let this tax law expire because he felt it was too generous to individuals he felt were “wealthy”.  President Obama described wealthy individuals as individuals who earned over $250,000.00 per year.  Please be advised, President Obama, that individuals who earn $250,000.00 per year in the State of New York are NOT WEALTHY.  Yes, they are earning a significant income; but considering the tax rates and the cost of living in New York, they are basically living at a high middle-class level.

The new tax bill has a cost of $858 billion over the years 2011 and 2012.  This new law extends various business tax breaks that were initially designed to encourage further investments into business infrastructure that expired in the year 2009.

New Social Security Rate

The Social Security rate for the year 2011 will be cut by a third, from 6.2% to 4.2%.  This will save a working individual, who earns $50,000.00 per year, approximately $1,000.00.  The social security tax rate will go back up again in 2012 to 6.2%.

Estate Taxes: New Estate Tax Rates

The estate tax rate for 2011 and 2012 will be 35% for assets over $5 million.  Individuals will also be entitled to have a stepped-up date of death cost basis in any property that is inherited for 2011 and 2012.

President Obama Moves to the Center

President Obama is moving towards the political center.  This agreement will give President Obama a forceful campaign issue when he runs for re-election.  He will be able to campaign on the basis that he did not raise taxes! He will further be able to argue that he sustained the economy by keeping the tax reductions set up by his predecessor, George Bush, in effect.  This will take the punch out of the Republican presidential candidates’ election platforms.  They usually accuse Democrats of being addicted to tax and spend policies.

It should be noted that President Obama had to change his position with regard to extending the Bush era tax cuts. On several previous occasions, President Obama had made it clear that he would not extend the Bush era tax cuts for all Americans.  He was only prepared to extend them for individuals who earned less than $250,000.00 per year.  President Obama’s compromising on this issue was the right thing to do.

Wills and Trusts Attorneys

The Law office of Elliot S. Schlissel, for more than three decades, has been assisting their clients with estate administration, estate planning and the drafting of wills and trusts.  Our law office has extensive experience in dealing with estate situations when individuals die without a will (intestate).  In estates where there are estate taxation issues, we can assist the administrator, executors and trustees in all aspects of estate and tax planning. Feel free to call our law office at 1-800-344-6431, 516-561-6645 or 718-350- 2802 for assistance with all issues involving wills, trusts, estates and elder care concerns.

Hooray! New York has now joined the other 49 states in the United States concerning the grounds for divorce.  On October 12, 2010, New York’s new no-fault divorce law went into effect.  This is the first change in New York’s divorce law since the mid 1960′s.  New York is now in conformity with the other 49 states in granting parties whose marriage has broken down a divorce without airing their personal problems in a court of law.

New Ground for Divorce

To obtain a divorce in New York, you now only need to allege that the marriage between the parties has been irretrievably broken down for a period in excess of six months.  That’s it! That’s the entire ground for divorce. Parties in a divorce proceeding no longer need to allege adultery, cruel and inhuman treatment, abandonment or living separate and apart for one year under a separation agreement.  However, all of the aforementioned grounds for divorce still exist in the State of New York and nothing prevents individuals seeking a divorce based on these four other grounds.

New Spousal Maintenance (Alimony) Law

A statute accompanying the new no-fault divorce law deals with the issue of temporary maintenance (spousal support) while the divorce is pending in the courts in New York.  This new statute creates a new formula and a list of factors for the court to follow in providing temporary spousal maintenance for the less financially secure spouse. The purpose of this new statute is to prevent the non-breadwinner spouse from going into a state of poverty during the pendency of a divorce proceeding.

The new statute creates a presumption that the less-monied spouse is entitled to receive both spousal maintenance and attorney fees during the course of the divorce proceeding.  Under the law that previously existed, a party seeking to obtain attorney fees had to make an application to the court during the divorce process to obtain either temporary attorney fees or permanent attorney fees.  The new law has considerably liberalized the rules concerning spouses receiving temporary spousal maintenance and attorney fees from the very beginning of the divorce process.

Speeding Up Cases

The purpose of the new no-fault divorce law, the new spousal maintenance law and the law regarding attorney fees is to simplify and speed up proceedings for divorce in the courts of the State of New York.  During the 2009 calendar year, there were 13,212 contested divorce actions in the state of New York.  Spouses no longer have to go through painful, long, expensive trials on the issue of who did what to whom in their divorce proceedings. They can now concentrate on the economic issues and the custody and visitation issues in divorce proceedings.

Should you wish to be divorced, the lawyers at the Law Office of Elliot S. Schlissel can help you with this new simplified process.  Feel free to call us at 1-800-344-6431, 516- 561-6645 or 718-350-2802.  Our phones are answered 24/7.

In a case before Justice Sunshine, sitting in the Supreme Court located in Kings County (Brooklyn, NY), the judge was presented with a situation where the father had initially been awarded custody by default in a divorce in the year 2005.  In 2008, the mother moved for a change in custody in the Family Court.  Her application was denied.  In the case before the court in August 2010, Justice Sunshine did find a sufficient change in circumstances since the Family Court Order of 2008.  He modified the Family Court Order and gave the mother custody of the parties’ children.

In 2008, the children wanted to live with their father.  Now they have expressed a strong desire to live with their mother.  She has now found a new residence, she has changed her work schedule and she is now more available to spend time with the children.

Violence in the Father’s Home

The mother testified to a situation involving violence in the father’s household. The father’s testimony was a denial of the existence of the violence in his household.  The Court did not believe the father.

The Court indicated there were several incidents where the father punched the oldest child in the ribs.  He also had made the oldest child ride on a city bus until 1:00 a.m. There was an additional incident where the grandfather (paternal) who resided in the same house as the father punched the youngest child in the leg.  The father also ripped up the attorney for the children’s business card in front of the children and called her a “white devil”.

Best Interests of the Children

The Court indicated that the father was involved in his children’s lives.  However, the Court felt the father’s behavior was somewhat less than exemplarary.  In the Court’s opinion, the children’s best interests were served by changing custody and making the mother the sole custodial parent.  The children’s fear of their father, his level of intimidation in dealing with his children and the violence in the household required an immediate change in custody.

NY Father’s Rights Lawyers

Father’s rights lawyers at the Law Office of Elliot S. Schlissel have been representing fathers in all aspects of matrimonial and family law for more than 30 years. We represent fathers with regard to custody proceedings, modification of custody proceedings, and child support proceedings, modifications of support proceedings, child abuse, child neglect proceedings, orders of protections in divorce proceedings in the Supreme Court and proceedings in Family Court. We also are very active in representing grandparents regarding grandparent’s rights cases.  Call our office for a free consultation at 1-800-344-6431; 516-561-6645 or 718-350.