First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the
spouses might accumulate one or more criminal proceedings in a local criminal
Court, one or more family offense cases in Family Court, and a
divorce proceeding in Supreme Court. In the past, different judges would
have been assigned to each of those proceedings, requiring court
appearances in three different courthouses, sometimes resulting in
conflicting decisions between the various judges. Now, one judge presides
over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had
their legal matters resolved in IDV Courts. That number will continue to
grow. IDV Courts look like they will be around for a while.
Monday, April 22, 2013
Buffalo Area Petty Larceny Lawyer
If
you have been charged with any type of theft related crime, hiring an experienced criminal defense attorney is essential for a successful
outcome. J.John Sebastian defends clients who have been charged with:
Many alternatives exist for people charged with theft crimes, which may prevent them from suffering convictions or serving any jail time. For those charged with a more serious theft related charge, it may be possible to convince the District Attorney to reduce the charges to less serious ones. Only an experienced criminal attorney can accurately assess your case and advise you what options exist. Call the Law Office of J. John Sebastian today for a free consultation.
- Petit Larceny and Shoplifting
- Grand Larceny
- Grand Theft Auto/Unauthorized Use of a Motor Vehicle
- Burglary
- Criminal Mischief
- Possession of Stolen Property
- All other theft charges
Many alternatives exist for people charged with theft crimes, which may prevent them from suffering convictions or serving any jail time. For those charged with a more serious theft related charge, it may be possible to convince the District Attorney to reduce the charges to less serious ones. Only an experienced criminal attorney can accurately assess your case and advise you what options exist. Call the Law Office of J. John Sebastian today for a free consultation.
West Seneca Town Court
In our series
highlighting local criminal courts, we focus on West Seneca Town Court
The West Seneca Town Court has jurisdiction over both civil and
criminal cases originating within the Town of West Seneca . In the
category of criminal law, the West Seneca Town Court part hears
misdemeanors and pre-indictment felonies, including drug possession,
unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI,
criminal possession of a weapon, assault, and other cases.
West Seneca Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
West Seneca Town Court
1250 Union Road
West Seneca, NY 14224-2917
West Seneca Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
West Seneca Town Court
1250 Union Road
West Seneca, NY 14224-2917
Thursday, April 4, 2013
Buffalo Club Drugs & the Law
Club drugs” are known as the main drugs that are found in late-night
Buffalo area clubs and bars. These powerful drugs contain mixtures of
chemicals that are unregulated by the government and therefore lack
quality. These drugs can lead to overdoses, or even death. Legally
speaking, drugs such as LSD, MDMA (ecstasy), GHB, Ketamine (Special K),
Rohypnol (Rophies), and Methamphetamine (speed), all carry grave
consequences if you are arrested for possessing or selling them.
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
What is "IDV Court"?
First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
I was injured on someone else’s property. What Can I Do?
Most , property owners, including entities such as
the city and state, are responsible for injuries that occur as a result
of a dangerous or hazardous condition that exists on their property, which the owner
either knew or should have known about. The hazard can be obvious (such
as ice on steps) or hidden (such as a hole in a lawn that is partially
covered by grass). In some cases it may not be apparent, as in
flooring that appears normal but is very waxy and slippery. The dangerous condition
could be permanent, such as broken concrete
or temporary, such as a slippery spill in a market aisle.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.
Buffalo Area Truck Driver's Attorney
Buffalo Area Truck Driver's Attorney
Trucker tickets,unlike ordinary traffic tickets, are criminal misdemeanors . Trucker ticket attorney J John Sebastian is dedicated to the legal assistance of truckers, truck companies and companies who truck goods anywhere in the Buffalo New York Area.
Under
New York Law Corporations Must Be Represented By a Lawyer and a Failure
To Appear Could Lead to Criminal Convictions and Fines.
Your time is better spent running
your business anyway.J John Sebastian will represent your company when a
police officer issues a ticket to your business. Our attorneys can
often appear in court without the driver or a company representative.Contact J John Sebastian if you or your drivers receive a ticket for any of the following violations:
- Moving Violations
- Highway use tax (HUT)
- Fuel use tax (FUT)
- Motor vehicle use tax (MVT),
- Lack of international fuel tax renewal sticker,
- Overweight truck violations
- Log book violations
- Idling, and/or unsafe equipment violations (brakes, tires, headlights)
The Law Offices of J John Sebastian is the first and only call you need to make.J John Sebastian can represent you in a court of law even when you are not there. Call him day or night at 716-254-1651
Monday, April 1, 2013
What Exactly Is "Shoplifting"?
When
people think about t shoplifting, they might picture a person
hiding goods in his or her clothes and then leaving the store
without paying. While this is definitely a typical shoplifting scenario,
it's not the only one.
Scenarios where people get arrested for shoplifting, may include
Scenarios where people get arrested for shoplifting, may include
- Placing merchandise in a "booster bag" (a bag lined with aluminum foil, designed to conceal detection of merchandise from electronic security monitors)
- Removing Sensormatic and other anti-theft tags from store's merchandise
- Concealment, concealing merchandise on the way out of the store with it
- Tag switching:
- Coordinating theft with a store worker who doesn't ring up all the merchandise
- Group shoplifting where, one member of the group creates a distraction that provides another member with the opportunity to shoplift
Clarence Town Court
In our series
highlighting local criminal courts, we focus on Clarnece Town Court
The Clarnece Town Court has jurisdiction over both civil and
criminal cases originating within the Town of Clarnece . In the
category of criminal law, the Claernce Town Court part hears
misdemeanors and pre-indictment felonies, including drug possession,
unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI,
criminal possession of a weapon, assault, and other cases.
Clarnece Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
Clarnece Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
What is IDV Court?
First
established in 2003, IDV Courts are made for a single judge to
preside over multiple cases between family members, where the main or
prevalent issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow. IDV Courts look like they will be around for a while.
DWI Suspension Pending Prosecution
At your arraignment for DWI, the Court may suspend your license
or privilege to drive in New York State pending prosecution for
the charges, if there is evidence you were driving with a blood
alcohol content (BAC) of .08% or higher. You are eligible to apply
for a Conditional License after 30 days of Suspension Pending Prosecution.
Under certain circumstances the Judge may suspend your license or driving privileges as a matter of discretion pursuant to New York State Vehicle and Traffic Law Section 510.3. In this case, you are not eligible for a conditional license.
http://buffalocriminalattorney.iconosites.com/
Under certain circumstances the Judge may suspend your license or driving privileges as a matter of discretion pursuant to New York State Vehicle and Traffic Law Section 510.3. In this case, you are not eligible for a conditional license.
http://buffalocriminalattorney.iconosites.com/
Buffalo Area Probation Violation Lawyer
If you have pleaded guilty to a crime or have
been convicted after a trial in the Buffalo area,. and your punishment
is not imprisonment or jail, it will most likely be probation
Although there are many requirements and rules to follow, you are at liberty. Hiring an experienced Buffalo area probation attorney is you next step.
When a you are sentenced to probation, the requirements and rules you must abide by are strictly enforced. You must comply with each term of probation even if it is difficult. Some might be that you report to your probation officer at certain times, you abide by a curfew and that you do not get re-arrested.
Failure to stick to these requirements may result in a violation of probation being filed against you. That, could possibly result in a term of imprisonment – something you avoided when you were sentenced to probation instead of jail. Additionally, the original crime that you pleaded to and received the more lenient sentence of probation could be reinstated.
If you violate your terms of probation it is imperative to retain skilled Buffalo Area criminal defense lawyer immediately. An experienced criminal defense and probation violation attorney in The Buffalo Area, may be able to work out a deal with the court and the prosecutor where you remain free and your livelihood and liberty is kept intact.
Contact the Law Offices of J John Sebastian Attorney at Law today if you think you have violated terms of your probation.
Although there are many requirements and rules to follow, you are at liberty. Hiring an experienced Buffalo area probation attorney is you next step.
When a you are sentenced to probation, the requirements and rules you must abide by are strictly enforced. You must comply with each term of probation even if it is difficult. Some might be that you report to your probation officer at certain times, you abide by a curfew and that you do not get re-arrested.
Failure to stick to these requirements may result in a violation of probation being filed against you. That, could possibly result in a term of imprisonment – something you avoided when you were sentenced to probation instead of jail. Additionally, the original crime that you pleaded to and received the more lenient sentence of probation could be reinstated.
If you violate your terms of probation it is imperative to retain skilled Buffalo Area criminal defense lawyer immediately. An experienced criminal defense and probation violation attorney in The Buffalo Area, may be able to work out a deal with the court and the prosecutor where you remain free and your livelihood and liberty is kept intact.
Contact the Law Offices of J John Sebastian Attorney at Law today if you think you have violated terms of your probation.
Buffalo Area Stalking Defense Attorney
In Western New york, the various Offices of the District Attorney take Stalking charges very seriously.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony charges. The first Misdemeanor Stalking charge is Stalking in the fourth degree, which is a B Misdemeanor, and the highest is Stalking in the first degree, which is a class D Felony. The basic concept of Stalking is that the accused places the victim in fear for her safety by showing up or following or initiating contact through some type of communication or starting another type of communication after the victim has requested for all communication toend.
After the Alleged stalker is told to stop this conduct, the law uses a "reasonable person" standard to determine whether any further contact would place a person in fear for his safety. If the answer is "yes," (a reasonable person would be in fear) than the Stalking Law has been violated.
Any Buffalo area Stalking attorney will tell you the Offices of the District Attorney in Erie County are more sensitive to Stalking cases because they have potential to lead to more serious crimes and more serious criminal charges. Stalking cases have turned into assault, sex crimes, rapes, kidnapping, robbery and even murder. That's why the Courts, after an arrest on a Stalking charge, generally issue an Order of Protection. The purpose is to stop all contact and communication between parties and by stopping the contact, it stops the criminal behavior from escalating to one of the more serious crimes. Defending Stalking cases focuses the defense on the mind set of the parties. Was it reasonable for the alleged victim to fear for his or her safety and well-being? Was there a legitimate purpose for the alleged perpetrator to be interacting with the alleged victim? Remember the legal standard is that the District Attorney has to prove guilt is beyond a reasonable doubt. The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney. Very often these cases do not involve witnesses. Therefore, the Stalking case is a "he said, she said' and the case will be a battle of credibility between the parties.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony charges. The first Misdemeanor Stalking charge is Stalking in the fourth degree, which is a B Misdemeanor, and the highest is Stalking in the first degree, which is a class D Felony. The basic concept of Stalking is that the accused places the victim in fear for her safety by showing up or following or initiating contact through some type of communication or starting another type of communication after the victim has requested for all communication toend.
After the Alleged stalker is told to stop this conduct, the law uses a "reasonable person" standard to determine whether any further contact would place a person in fear for his safety. If the answer is "yes," (a reasonable person would be in fear) than the Stalking Law has been violated.
Any Buffalo area Stalking attorney will tell you the Offices of the District Attorney in Erie County are more sensitive to Stalking cases because they have potential to lead to more serious crimes and more serious criminal charges. Stalking cases have turned into assault, sex crimes, rapes, kidnapping, robbery and even murder. That's why the Courts, after an arrest on a Stalking charge, generally issue an Order of Protection. The purpose is to stop all contact and communication between parties and by stopping the contact, it stops the criminal behavior from escalating to one of the more serious crimes. Defending Stalking cases focuses the defense on the mind set of the parties. Was it reasonable for the alleged victim to fear for his or her safety and well-being? Was there a legitimate purpose for the alleged perpetrator to be interacting with the alleged victim? Remember the legal standard is that the District Attorney has to prove guilt is beyond a reasonable doubt. The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney. Very often these cases do not involve witnesses. Therefore, the Stalking case is a "he said, she said' and the case will be a battle of credibility between the parties.
Keywords: j john sebastian attorney
Buffalo Club Drugs & the Law
“Club drugs” are known as the main drugs that are found in late-night
Buffalo area clubs and bars. These powerful drugs contain mixtures of
chemicals that are unregulated by the government and therefore lack
quality. These drugs can lead to
overdoses, or even death. Legally speaking, drugs such as LSD, MDMA
(ecstasy), GHB, Ketamine (Special K), Rohypnol (Rophies), and
Methamphetamine (speed), all carry grave consequences if you are
arrested for possessing or selling them.
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
I just have a few pills—that can’t get me into trouble!
Think again. Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail. Even trying to sell or trade a single tablet of ecstasy could get you a felony. Possession of club drugs can cost you thousands in court fines and years in jail time—they are very serious.
I think I might have a drug addiction—what should I do?
Club drugs can be very addicting. If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug court. This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug. It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.
Do I really need to get a lawyer?
Yes, absolutely! Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.
As with any arrest, having experienced legal representation can make a huge difference as to your sentence is and whether you even need to go to trial. .
Need help? Have questions? Call J John Sebastian Attorney at Law today.
http://buffalocriminalattorney.iconosites.com/
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