Learn More about LoTempio P.C. Law Group

Author: LoTempio

What Are the Penalties for Marijuana Possession in New York?

What Are the Penalties for Marijuana Possession in New York?As of July 2018, all but four states have legalized the use of marijuana in some form. In most states, marijuana is only legal for medicinal use or in the form of cannabidiol oil for medical research; however, nine states have legalized the drug for recreational purposes.

Unfortunately, New York is not one of them.

The state legalized medicinal marijuana in 2016, but the drug remains illegal for recreational purposes. That means those who are caught cultivating, trafficking, selling, or possessing it could face serious penalties.

If you were charged with marijuana possession in New York, your freedom and financial security could be at stake. To determine the most strategic way to proceed, contact LoTempio P.C. Law Group.

Our attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 to schedule a free case evaluation with one of New York’s leading criminal defense law firms.

Read on to learn about the penalties for marijuana possession in New York:

1. Fines

The fines for marijuana possession in New York range from $100 to $15,000. The potential fine you are facing depends on the amount of marijuana you were allegedly in possession of, whether you have any prior convictions, and several other factors. For example, a first-time offender who is found in possession of less than 25 grams can be fined up to $100, but someone who is arrested with more than 10 pounds of marijuana faces up to $15,000 in fines.

2. Incarceration

Third-time offenders and those who are found with more than 25 grams of marijuana in their possession face potential incarceration. Sentencing can range from 15 days to 15 years depending on the amount of marijuana involved.

A third-time offender who has less than 25 grams in his or her possession faces 15 days in jail. Possessing marijuana in public view is a misdemeanor that comes with a potential 90 days’ incarceration. A person who is found with more than 10 pounds of marijuana faces up to 15 years in prison.

3. Other Penalties

In addition to fines and incarceration, people who are convicted of marijuana possession in New York may be ordered to undergo mandatory drug testing, attend drug awareness classes, report to a probation officer, and submit to electronic monitoring, depending on the severity of their charges and whether they have prior convictions.

Call 716-855-3761 to Speak with a Criminal Defense Attorney in New York

If you’ve been charged with marijuana possession, turn to LoTempio P.C. Law Group. Our criminal defense lawyers will evaluate the circumstances of your arrest, as well as the strength of any evidence the prosecutor has against you, to determine the most strategic way to represent your interests.

Our legal team has a track record of success in criminal cases ranging from DWI to violent crimes. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a criminal defense lawyer in New York.

4 Reasons to Hire a Skilled Medical Malpractice Attorney

4 Reasons to Hire a Skilled Medical Malpractice AttorneyIt’s reasonable to expect quality and attentive care whenever you visit a doctor or another medical professional. Whether you’re going in for a simple exam or a complicated surgical procedure, your physician has an obligation first to do no harm, which means you should never leave the facility in worse condition than when you arrived.

Unfortunately, not all patients receive the care they deserve. In fact, medical malpractice is far more common than most people realize—and the consequences can be costly. According to CBS News, the average malpractice payout was more than $350,000 between 2009 and 2014.

If you were the victim of medical malpractice and want to pursue the compensation you deserve, contact LoTempio P.C. Law Group. We will evaluate your case for free and help you determine the most strategic way to proceed. Call 716-855-3761 to schedule a consultation with a medical malpractice attorney in New York.

Let’s explore a few reasons why you should hire a skilled medical malpractice lawyer:

1. To Level the Playing Field

Damages in medical malpractice cases often amount to hundreds of thousands of dollars—or more. With so much at stake, you can be sure the opposing party’s insurance provider will look for every reason to dispute fault. And if they can’t deny their policyholder’s liability, they will attempt to settle for the lowest possible payout.

Unfortunately, that means insurance adjusters are not above using devious tactics to convince claimants to settle for less than they deserve. Since medical malpractice attorneys also happen to be seasoned negotiators, hiring one will essentially level the playing field. A strategic lawyer will not let the insurance adjuster bully or intimidate you into accepting an unfair settlement.

 2. To Focus on Your Health

Building a strong malpractice claim is a lot of work. Even in cases when liability seems obvious, there is a considerable amount of evidence to gather and paperwork to file. By hiring an attorney, you can focus on recovering while your case proceeds in good hands.

 3. To Gain Access to Valuable Resources

When you hire a medical malpractice lawyer, you gain access to all kinds of legal resources that can contribute to the strength of your claim. Such resources might include medical experts, economists, and even surgery reconstruction animators.

4. To Prepare for Trial

Most medical malpractice claims are resolved before reaching court; however, since there is always a chance your case could go to trial, it is wise to prepare for such an outcome from day one. Even if a settlement is the expected result, a proactive attorney will prepare your claim for court—and let the opposing party know you’re not afraid to go to trial.

Discuss Your Case with a Medical Malpractice Attorney in New York

If you want to sue a negligent healthcare provider, turn to LoTempio P.C. Law Group. Our legal team is committed to helping those who have been wronged put their lives back together. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our medical malpractice lawyers in New York.

What Damages Are Recoverable in New York Personal Injury Cases?

What Damages Are Recoverable in New York Personal Injury Cases?If you’re like most adults in the U.S., missing a single week of work would cause you to fall behind on essential bills. According to CBS News, nearly 80 percent of American workers live paycheck to paycheck.

That means if you develop an unanticipated illness or injury, your financial security could be in jeopardy even if you have adequate health insurance. A serious injury can cost a small fortune in lost wages, home care, and other expenses.

If another party was at fault for your accident, though, you may be able to recover compensation for your damages by filing a personal injury claim. Unfortunately, the path to a fair settlement is riddled with legal hurdles, and one small mistake could be all it takes to derail your case.

This is where a New York personal injury attorney can help.

At LoTempio P.C. Law Group, we understand what’s at stake for you and your family. Our accident lawyers will help you navigate every step of the claims process and fight for the full compensation you deserve. Call 716-855-3761 to schedule a free case evaluation.

Read on to learn about the kinds of damages that may be available in New York personal injury claims:

Compensatory Damages

Compensatory damages are intended to make the injured party “whole” again. In other words, they compensate the claimant for losses incurred as a result of the incident.

There are two kinds of compensatory damages: general and special. General damages are non-monetary losses like pain and suffering, scarring and disfigurement, mental anguish, emotional distress, loss of consortium, loss of enjoyment of life, and lost opportunity.

Special damages, on the other hand, are objectively verifiable losses. They refer to the economic costs incurred as a result of the accident such as:

  • Past and future medical expenses;
  • Home care;
  • Rehabilitation;
  • Medical equipment;
  • Home modifications;
  • Accessible vehicles and/or transportation;
  • Domestic help and/or childcare;
  • Lost wages;
  • Loss of earning capacity; and
  • Property damage.

Punitive Damages

Although most personal injury cases do not warrant punitive damages, they may be awarded if the liable party’s behavior was particularly egregious. In the state of New York, plaintiffs may be able to obtain punitive damages if the defendant’s actions constituted:

  • Willful negligence;
  • Wanton recklessness;
  • Maliciousness;
  • A high degree of immorality;
  • A conscious disregard for the safety, health, or rights of others; or
  • Fraudulent or dishonest intentions that implied a criminal indifference to civil obligations.

Call 716-855-3761 to Speak with a Personal Injury Attorney in New York

If you were hurt because of another party’s negligence and you would like to know which types of damages to pursue, contact the personal injury attorneys at LoTempio P.C. Law Group. Our legal team has more than 200 years of combined experience practicing law. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a New York personal injury lawyer.

What Constitutes Domestic Violence in New York?

What Constitutes Domestic Violence in New York?It’s perfectly normal to argue with your partner from time to time. No two people can expect to agree on everything, so the occasional quarrel doesn’t necessarily mean your relationship is doomed. But if your partner accuses you of domestic violence (DV), it will threaten a lot more than your relationship.

The state of New York imposes harsh penalties for assault, menacing, stalking, or strangulation within the confines of a domestic relationship; however, just because you are facing DV-related charges does not mean a conviction is imminent.

If you were merely acting in self-defense, for example, a New York criminal defense lawyer can help you gather evidence to prove as much. And if the incident did not occur at all—sadly, false DV accusations are relatively common, especially during contentious custody battles—your attorney may be able to clear your name.

Regardless of the circumstances, you can determine the most strategic way to proceed by contacting LoTempio P.C. Law Group. Our criminal defense attorneys have helped thousands of clients throughout New York fight serious charges. Call 716-855-3761 to schedule a free case evaluation.

Let’s examine how the state of New York defines domestic violence:

Coercive Tactics That Attempt to Control a Partner

According to the New York State Unified Court System, domestic violence is a pattern of intimidating or bullying tactics that an adult uses against an intimate partner to establish or maintain control over him or her. People often associate DV with physical altercations, but coercive tactics also include abuse that is psychological, emotional, sexual, or financial in nature.

A single incident can be considered DV, or a longtime pattern of controlling behavior can constitute domestic violence. The Office for the Prevention of Domestic Violence lists some of the most common ways someone might try to maintain power and control over his or her partner, which include:

  • Isolation: An abuser might stop the victim from seeing or maintaining a close relationship with friends and loved ones;
  • Intimidation: Regardless of whether abusers actually resort to physical violence, they often incite fear in the victim that they might;
  • Manipulation: If children are involved, abusers might try to turn them against the victim. They may also undermine the victim in front of them or threaten to take them away; and
  • Physical/Sexual Abuse: Many domestic violence-related cases involve physical or sexual abuse because these tend to be the easiest kinds of abuse to prove. They often leave tangible evidence like bruising and other wounds. Penalties for a conviction of either can be severe.

Discuss Your Case with a Criminal Defense Attorney in New York

If you are facing criminal charges related to domestic violence, there’s a lot at stake. An attorney from LoTempio P.C. Law Group will evaluate your situation from all angles to determine the best approach for achieving the most favorable outcome possible. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our seasoned criminal defense lawyers in New York.

5 Qualities to Look for When Hiring a Personal Injury Attorney

People who v5 Qualities to Look for When Hiring a Personal Injury Attorneyiolate the law on a fairly regular basis know authorities will probably catch up with them someday. As a result, the most strategic offenders—typically those who break the law to earn a living, whether by shoplifting, selling drugs, or engaging in prostitution—have a criminal defense lawyer on speed dial. But no one ever plans on needing a personal injury attorney, so many accident victims don’t know where to turn for representation.

When time is of the essence—and it always is following unanticipated injuries—finding the right attorney to represent you can seem overwhelming. But if you know the qualities to look for in an accident lawyer, narrowing down the options will be much easier. These qualities include:

  • Relevant experience;
  • A positive reputation;
  • Accessibility;
  • Integrity; and
  • Trial experience.

If you were hurt in a preventable accident and need a law firm in New York that meets all of the above criteria, turn to LoTempio P.C. Law Group. Our compassionate personal injury attorneys have more than 200 years of combined experience in legal practice.

We are available 24 hours a day, 7 days a week to take your call. Dial 716-855-3761 to schedule a free consultation.

Read on to learn more about the qualities you should look for in a personal injury lawyer:

1. Relevant Experience

Personal injury law is a sweeping practice area that includes everything from medical malpractice and nursing home abuse to workers’ compensation and premises liability. Most personal injury actions involve motor-vehicle collisions; however, that doesn’t mean every practicing attorney knows how to resolve every type of car accident claim.

Going after a major motor carrier following a truck crash calls for a different strategy than pursuing compensation from a drunk driver. And if you were hurt in some other kind of scenario, whether by slipping and falling or using a defective product, for example, you need to find a lawyer who has experience proving liability and damages in those kinds of cases specifically.

2. A Positive Reputation

A firm that truly cares about its clients will have good standing in the community. You can learn about a practice’s reputation by asking around, reviewing online rating sites, and reading testimonials and reviews from past clients.

3. Accessibility

Even the best personal injury attorneys are useless if you cannot reach them. Accident victims deserve lawyers who will respond to their calls and emails in a timely fashion. As a client of LoTempio P.C. Law Group, you will have a direct means of contact to your attorney, and you will be able to reach our office 24 hours a day, 7 days a week.

4. Integrity

Be wary of attorneys who promise to resolve your claim for a low flat rate. These lawyers are unlikely to put in the time and effort needed to investigate your case thoroughly and prepare for all eventualities.

You should also avoid anyone who promises to achieve a particular outcome for your case. Legal proceedings are unpredictable, and there’s no way to guarantee a sizable settlement.

5. Trial Experience

Most personal injury claims are resolved before reaching trial; however, there’s always the chance that your case will end up in court. If it does, you’ll want a seasoned litigator by your side. The accident lawyers at LoTempio P.C. Law Group have extensive trial experience and are ready to represent your interests in court if necessary.

Call 716-855-3761 to Speak with a Personal Injury Lawyer in New York

If you’re looking for a New York personal injury attorney who has all of the above qualities, contact LoTempio P.C. Law Group. Our seasoned lawyers have helped thousands of clients resolve high-stakes wrongful death claims and complicated personal injury cases. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation.

What Are the Penalties for DWI in New York?

What Are the Penalties for DWI in New York?In the state of New York, a conviction for DWI or DWAI has both direct and indirect costs, which might include fines, license reinstatement fees, lost wages, and higher insurance premiums. When you consider that even a first-time offender could face jail time, though, the associated expenses might be the least of your worries.

Fortunately, even if you failed a chemical test, there may be a defense that works in your favor. A criminal defense lawyer from LoTempio P.C. Law Group can assess your situation and explain potential defense options.

We provide aggressive representation in a variety of cases including:

  • DWI;
  • DWAI;
  • DWAI drugs;
  • DWAI combined influence;
  • Aggravated DWI;
  • Chemical test refusal; and
  • Violations of New York’s Zero Tolerance Law.

Call 716-855-3761 to schedule a consultation with a DWI attorney in New York. In the meantime, read on for a brief overview of New York’s DWI penalties:

1. Mandatory Fines

Anyone convicted of driving while intoxicated has to pay a mandatory fine. The total amount will depend on the severity of the violation.

For example, a motorist who violates the Zero Tolerance Law, or drives with a BAC of between 0.02 and 0.07 despite being younger than 21, will have to pay a civil penalty of $125. Someone who receives a third DWI conviction within 10 years, on the other hand, can be ordered to pay up to $10,000.

2. Incarceration

A conviction for either DWI or DWAI may carry a jail sentence—even if it is your first offense. For DWAI, the maximum jail term for a first-time offender is 15 days. A first-time conviction for DWI, however, can result in a jail sentence of up to one year. The incarceration term increases with subsequent offenses. In New York, the “look-back period” for alcohol-related driving charges is usually five or 10 years, depending on the type of offense.

3. License Suspension or Revocation

Every alcohol-related driving violation will result in a license suspension or revocation. The shortest suspension, 90 days, applies to motorists convicted of a first-offense DWAI. New York residents who are convicted of DWI out of state can also expect a 90-day license revocation. The longest license revocation period is up to 18 months and applies to third-offense DWAI convictions and second-offense DWI convictions.

Discuss Your Case with a DWI Lawyer in New York

If you are facing DWI or DWAI charges, contact LoTempio P.C. Law Group to discuss your case. A New York criminal defense attorney on our team will evaluate the circumstances of your arrest to determine the most strategic way to proceed.

We understand how easy it is to feel hopeless after being charged with an alcohol-related driving offense. There’s a lot at stake, and the penalties of a conviction can have a profound impact on your future. Fortunately, there may be a defense strategy that results in reduced charges, reduced penalties, or the outright dismissal of your case. Call 716-855-3761 or fill out our Contact Form to schedule a consultation.

How Much Is My Personal Injury Case Worth?

How Much Is My Personal Injury Case Worth?

Most Americans live paycheck to paycheck, so missing just a few weeks of work due to an injury is enough to fall behind on essential bills. Even a relatively well-off individual can find it challenging to make ends meet after being sidelined from work and accruing steep medical bills.

Fortunately, if your injury was caused by another person’s negligence or intentional act, you may have grounds for a personal injury claim. As we’ll discuss in this blog, the types of damages you might recover and their value will depend on numerous factors. The best way to determine if you have grounds for a claim and to calculate a fair settlement amount is to consult a seasoned personal injury attorney.

At LoTempio P.C. Law Group, we have many decades of experience representing the injured and their families. We can make sure your claim includes all potentially recoverable damages including non-economic losses that you might have overlooked. Call 716-855-3761 to schedule a case evaluation with one of our New York accident lawyers.

Read on to learn a few factors that may affect the potential value of your personal injury claim:

 

1. Your Own Percentage of Fault

The state of New York follows a system of pure comparative fault when awarding damages in personal injury cases. That means claimants may recover compensation even if they were partially liable for the accident; however, the total amount they can collect will be reduced by their own percentage of fault.

For example, if you slipped and fell on someone else’s property but you were looking down at your phone when it happened, you might be deemed 10 percent liable. Therefore, if you incurred $50,000 in damages, you could recover up to $45,000, or 90 percent.

 

 2. The Defendant’s Total Insurance Coverage

In most cases, plaintiffs cannot collect a settlement larger than the defendant’s insurance coverage limits. Although there are exceptions, recovering additional compensation typically requires going to trial and may even call for another lawsuit on the grounds of “bad faith refusal to settle.” Your attorney might recommend this approach if your damages are extensive.

 

 3. The Severity of Your Injuries

More severe injuries usually result in larger settlements. Not only do they cost more to treat, but they also may affect the victim’s emotional health and overall quality of life in a significant way. Injuries that tend to result in larger settlements include:

  • Spinal cord injuries;
  • Traumatic brain injuries;
  • Lost limbs;
  • Burn injuries; and
  • Anything that causes permanent disability, severe scarring, or disfigurement.

 

Discuss Your Case with a Personal Injury Lawyer in New York

If you were hurt in a preventable accident and want to hold the liable party financially accountable, turn to LoTempio P.C. Law Group. Our compassionate accident attorneys are ready to provide the legal advice you need and the aggressive representation you deserve. Call 716-855-3761 or fill out our Contact Form to schedule a consultation with a personal injury attorney in New York.

© All Rights Reserved.