https://www.experiencedlaw.com/divorce daily 0.75 2022-01-25 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/e8918ec4-c41a-4607-b9f3-fa681f278f83/unsplash-image-Jw5Kth70hQo.jpg Divorce - Divorce Your unique matrimonial circumstance is just that, unique. Thirty years of experience handling divorce actions have taught us that each and every client has concerns, questions and needs. Our attorneys listen. We have the skills to negotiate a fair and favorable settlement and the experience and knowledge to litigate when necessary. We, as former prosecutors, are trained trial attorneys. Chances are you won’t need to actually have a trial, but isn’t it nice to know that your attorney has the ability to try your case! This may be your first divorce, but it’s not ours. Whether you are facing an uncontested divorce or a more difficult contested action, our thirty years of experience will guide you through every step of the process. Contested Divorce vs. Uncontested Divorce Quite simply, an Uncontested Divorce will save you money. Call for our flat fee uncontested divorce rate. If you and your spouse can come to terms on all issues concerning custody, visitation, child support, spousal support and equitable distribution of the marital assets and liabilities, then an uncontested divorce may be possible without Court intervention. Our attorneys at Guttmann & Kellner P.C. will craft a Stipulation of Settlement setting forth the terms of your agreement and then we will prepare the Judgment of Divorce and related documents for submission to the Court. Unfortunately, not all divorce actions can be resolved quickly. Often we find that one spouse attempts to bully the other into submission. Assets are hidden, threats are made, children are used as bargaining chips. We don’t abide bullies and our promise to each and every client is that your rights will be protected. No Fault Divorce In October, 2010, the New York Legislature added a no-fault ground and most divorce actions are now based on the irretrievable breakdown of the relationship for six months or more. Using the No Fault provision that has been added by the Legislature, any party can unilaterally end the marriage by setting forth under oath that the marriage has suffered an irretrievable breakdown for a period of at least six months. However, under Domestic Relations Law Section 170(7), which codifies the No Fault provision, a court cannot grant a judgment of divorce until the economic issues of the marriage are resolved. Thus, although a party need not prove fault to obtain a divorce, the issues of equitable distribution of marital property, spousal support, child support, custody and visitation as well as counsel and experts’ fees and expenses must be resolved by the parties, or determined by the court and incorporated into the judgment of divorce prior to the court granting a divorce upon No Fault grounds. Equitable Distribution How are the marital assets divided? New York State Courts use the standard of equitable distribution when considering the division of marital assets and the Court will consider the following statutory factors: Factor 1: The income of the parties at the time of the marriage and at the time of the commencement of the action. Factor 2: The duration of the marriage and the age and health of both parties. Factor 3: The need of a custodial parent to occupy or own the marital residence and/or household items. Factor 4: The loss of inheritance and pension rights. Factor 5: An award of maintenance. Factor 6: Any equitable claim or interest or contribution make by the non-titled party as services as a spouse, parent, wage earner, or home maker. Effects on the career of the other spouse are considered as well. Factor 7: The liquid or non liquid character of the marital property. Factor 8: Probable future financial circumstances of each party. Factor 9: The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party. Factor 10: Tax consequences to each party. Factor 11: Wasteful dissipation by either spouse. Factor 12: Any transfer below fair market value made in contemplation of a matrimonial action. Factor 13: Any other factor the court deems relevant. New York Residency Requirement As experienced divorce attorneys, we. know New York State’s divorce laws. The first legal requirement that must be met to start the divorce process in New York is the state residency requirement. Per the New York State law, an action for divorce may only be maintained when: The parties were married in New York and either party is still a resident when the divorce action is commenced, and has been a resident for a continuous period of one year immediately preceding The parties have resided in New York as husband and wife and either party is still a resident when the action is commenced, and has been a resident for a continuous period of one year immediately preceding The cause of the divorce occurred in New York and either party has been a resident for a continuous period of at least one year immediately preceding, or The cause occurred in New York and both parties are residents at the time of the commencement of the action Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. https://www.experiencedlaw.com/homicides-assaults daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/0d32e9c6-6c20-414a-98f3-a319c54c1154/unsplash-image-od3jdQqX8O8.jpg Homicides & Assaults - Homicides & Assaults If you have been charged with either misdemeanor or felony assault, you need an aggressive criminal defense lawyer. Often the District Attorney over charges a defendant when there is no injury or an merely an injury which does not rise to the level of serious injury. A very common defense to assault charges is that the alleged injury does not meet the standards as required by the Penal Law. Merely hitting another person is not an assault if there is no physical injury. There are specific definitions of what is considered Physical Injury under the Penal Law of New York State: “Physical injury” means impairment of physical condition or substantial pain. “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. Self Defense and Justification Guttmann & Kellner P.C. are experienced New York Criminal Defense Attorneys who have won numerous acquittals utilizing the defense of self defense or justification. You have an absolute right to protect yourself using reasonable force under the circumstances. You also have the right to defend other people who are being attacked. We at Guttmann & Kellner, P.C. believe that a good defense is predicated upon a strong offense. We thoroughly investigate each and every case and speak with every witness. The following is a summary of the criminal levels of assault in New York: Assault in the Third Degree: Class A Misdemeanor: Intentionally causing a physical injury to another person or Recklessly causing a physical injury to another person; or with criminal negligence causing a physical injury to another with a deadly weapon or a dangerous instrument. Assault in the Second Degree: Class D Felony: Intentionally causing a serious physical injury to another person Intentionally or Recklessly causing physical injury to another person with a deadly weapon or a dangerous instrument Intentionally preventing a police officer or firefighter, or a paramedic or traffic officer from performing a lawful duty, by releasing or failing to control an animal for obstructing lawful Intentionally causing unconsciousness or other physical impairment or injury to another person by administering without their consent, a drug Causing physical injury to a person while committing or fleeing the commission of a felony Being over eighteen years old and intentionally causing a physical injury or recklessly causes serious physical injury to someone less than eleven years old Being over eighteen years old intentionally causing physical injury to a person less than seven years old Causing injury on school grounds to a school employee Injuring various types of public employees including transportation workers. Intentionally causing physical injury to a person who is sixty-five years or older, (Except if the defendant is less than 10 years younger) Assault in the First Degree is a class B felony: Intentionally causing a serious physical injury to another person, with a deadly weapon or a dangerous instrument Intentionally disfiguring another person seriously and permanently, or destroying, amputating or disabling permanently a member or organ of another’s body Under circumstances evincing a depraved indifference to human life, recklessly engaging in conduct which creates a grave risk of death to another person, and causes serious physical injury to another person In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant, causes serious physical injury to a person. Gang Assault in the Second Degree– Class C felony: Intentionally causing physical injury to another person and when aided by two or more people. Gang Assault in the First Degree -Class B Felony: Intentionally causing a serious physical injury to another person and when aided by two or more other people. Aggravated Assault On A Police Officer-Class B Felony: With intent to cause serious physical injury to a person whom he knows or should know is a police officer or a peace officer engaged in the course of performing his official duties, he causes such injury with a deadly weapon or dangerous instrument. https://www.experiencedlaw.com/social-security-disability daily 0.75 2022-01-25 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/547b3428-8252-4d21-8816-649026ca05ec/unsplash-image-VLPUm5wP5Z0.jpg Social Security Disability - Social Security Disability Have you applied for social security disability on your own and the government has turned you down? Know your rights. Although frustrating, this is not all that uncommon. The majority of people who apply on their own, without the assistance of an attorney, simply accept the rejection of their application by the Social Security Administration. Millions of dollars are saved yearly by the government based upon the odds that you will not appeal. The proper progression toward a successful social security disability application comes, for the most part, in three separate stages. As previously stated, the first step in filing the initial application, very often results in a denial of the social security disability claim. Generally speaking, this first determination is made approximately four months after the initial application. The claimant then has sixty (60) days from the date of rejection, to file for a reconsideration. The decision for reconsideration also takes approximately four months. Unfortunately, the “recon” stage rarely results in a reversal of the initial rejection by the Social Security Administration. The claimant then has another sixty (60) days from the date of the “recon” rejection, to apply for a hearing before a Federal Administrative Law Judge. It is at this third stage that the claimant has the best chance of obtaining approval of a social security disability application. At the hearing before the Federal Administrative Law Judge our firm will present evidence and have you testify to fully document your disability. Our procedure is to document the court records prior to the hearing to that the correct medical records are available for the Judge to review. Moreover, prior to the hearing we will call you into our office and go over all of the questions and information for the hearing so that you are comfortable with your testimony and what will be asked. Another important aspect of a successful social security disability claim is the strong support of your treating physician. It is crucial that at some point you sit down with your treating physician and ask whether he or she will support your application for social security disability. Our law firm will want to obtain the doctor’s medical records and a detailed medical narrative describing the exact type of disability or combination of disabilities, the history, diagnosis, prognosis, treatment, diagnostic testing, medications, physical or mental restrictions in detail making you incapable of performing work in the national workforce. When is a person considered “disabled” under the Social Security guidelines? Pursuant to the Social Security Act, the definition of “disability” is defined as follows: “Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” When should I apply for social security disability benefits? You can apply for social security disability benefits the very same day that you become disabled. In fact, it is to your detriment to wait. Generally, Social Security will not pay benefits longer than 1 year from the date of the initial application. Therefore, if you were disabled 2 years ago and apply today, you will have lost an entire year of disability benefits by waiting. Use it or lose it. Moreover, if an individual is injured at the workplace, and is currently on sick leave or workers compensation, there is no reason whatsoever to wait until your sick leave is exhausted or workers compensation has terminated as long as you believe your medical condition will cause you to be unable to work for 1 year or more. In the case of a claimant who is successful in obtaining social security disability benefits and who is also receiving worker’s compensation, there will be an offset which reduces social security benefits because of worker’s compensation paid, however in most instances there are still some Social Security benefits to be paid. How and when are social security benefits are paid? Many people ask what their monthly payment will be if they are able to obtain social security disability. For each person this amount will vary depending upon how long you have worked and earned in prior years. For children’s disability benefits, this amount will depend upon how long the parent worked and earned. For widow’s or widower’s disability benefits, this amount will depend upon how long the deceased spouse earned and worked. Payments for regular social security disability benefits and widow/widower’s benefits are not paid for five (5) months until after the date of disability. In each social security disability case, there must always be a date which is referred to as an “onset” date. This is the date determined as to when the actual disability began. If a Federal Administrative Law Judge grants a fully favorable decision granting benefits, there will always be an onset date of disability. In most cases, payments will be made five (5) months after that date. Many people already on social security benefits are concerned about whether the government can stop their payments. Although the social security administration has a right to review a case to determine if someone is still disabled, only a small percentage of cases reviewed result in benefits being terminated. Another benefit to obtaining social security disability is that you will get Medicare benefits after you have been on social security disability for two (2) years. Although most doctors accept Medicare, prescription medications are generally not covered. Who can apply for social security disability benefits? Social Security disability benefits are an earned right based upon the amount of money a worker contributes into his or her social security witholdings from their employment prior to their disability. If sucessful in obtaining social security disability, the claimant will receive roughly the same amount (or higher) of benefits at the earlier age of his or her onset of disability as the individual would have received at retirement. The majority of claims are for Disability Insurance Benefits which are awarded to people who have worked in recent years, which in most cases, are those who have worked five out of the laast 10 years, and who are now disabled. Each claimant’s work history is different as everyone will have had a different amount of work credit and wages witheld. To find out if you have the requisite work “quarters” for the 5 out of the last 10 years, as well as the amount of disability benefits that would be payable to you, you can call the Social Security Administration at 1-800-772-1213 from 7:00 a.m. to 7:00 p.m. and request an earnings statement. You can also visit the Social Security Administration’s website online to receive valuable information about your social security benefits. You may initiate a social security disability application by visiting your local social security administration office, or by calling the Social Security Administration and requesting a phone interview during which a Social Security Administration representative will take certain information from the claimant. We always recommend that an attorney from our law firm first review the written application before sending it is submitted. If a claimant does not have a work history where wages were withheld for the 5 out of the last 10 years, then although they may not qualify for regular social security disability, they may still qualify for SSI, or Supplemental Security Income benefits. These are benefits that are paid to individuals who are disabled and are of low income. Those individuals must be able to document not only their disability but their indigency status. Disabled Widow’s and Widower’s Benefits are paid to claimants who are at least 50 and become disabled within a certain amount of time after the death of their wife or husband. The deceased spouse must have worked enough years in order to be insured with the Social Security Administration . Disabled Adult Child Benefits may go to children of persons who are deceased or who are receiving social security disability or retirement benefits. In this instance, the child must have become disabled before the age of 22. It is important to note that an individual may have a series of physical or mental illnesses, none of which are disabling by themselves but in the aggregate make it impossible to work. The attorneys at Guttmann & Kellner P.C. will work to successfully document such a claim. What if I am able to work at another job? The test is not whether or not you can go back to the job that you once performed. The analogy we often use is that if you were a pitcher for the Mets, the issue is not whether you can pitch for the Yankees or Dodgers. The issue is can you perform any job in the national workforce given various factors such as age or job skills or training. Accordingly, the question is can that same individual work at a totally different job, or even do sedentary work, rather than physical work. This might include answering phone calls at a desk, writing phone messages or light receptionist work. The Social Security Act requires the Administration to consider age as a factor because as people get older, they become less capable of switching to different jobs to accommodate health problems. Simply put, a back injury which might cause a 35 year old person to easily switch jobs where he or she can sit most of the time, might be totally disabling to a 60 year old who might be totally incapable of performing that same job with the same injury. Generally speaking, the Social Security Administration is supposed to consider all of a claimant’s health problems, age, work experience and education. If the Administration determines you are incapable of performing your present job, it is supposed to consider whether there are other jobs you can perform considering your health problems, education, work experience, and age. The Guttmann & Kellner P.C. Difference The attorneys at Guttmann & Kellner P.C. are seasoned trial attorneys who know how to craft a winning presentation. We have taken and won cases that other firms have rejected. We take the time to listen to our clients and we aggressively fight for your benefits. No fee unless we are successful Our fee is contingency based, which means that we do not charge a fee unless we successfully obtain you Social Security Benefits. We don’t make money unless you make money, and we are serious about getting you the money you deserve. https://www.experiencedlaw.com/traffic-ticket-defense daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/0b2fe7be-bd62-4eee-a209-cc7031fbea24/unsplash-image-YEuXuNZ-SKM.jpg Traffic Ticket Defense - Traffic Ticket Defense As former Assistant District Attorneys, we have been defending client’s rights in all criminal matters including traffic tickets for over 25 years. At Guttmann & Kellner, P.C., we have successfully defended thousands of traffic summonses and tickets throughout all of Suffolk County. We have represented and won traffic court tickets including speeding tickets, red light/stop sign violations, suspended licenses, reckless driving, failure to signal lane changes, unsafe lane changes, trucking/commercial traffic violations, improper registration/insurance/inspection violations, HOV violations tickets, DWI, and passing a school bus. Herbert Kellner, Esq., a partner in our law firm, has vast experience in this area as he formerly served as a Parking Violations Judicial Hearing Officer for the NYC Parking Violations Bureau. We handle all types of traffic tickets which may be returnable in all different courts, whether they be in the new Suffolk County Traffic and Parking Violations Agency in Hauppauge, or Village, Justice and Town courts throughout the County. Where you are stopped and ticketed often determines the actual court we will have to appear in on your behalf. For example, should you receive a traffic ticket within the proximity of Exit 58 on the Long Island Expressway, it is likely that your ticket may be returnable in the Islandia Village Court. Many times, we are able (with your written authority) to appear on your behalf without you having to be present at court. Obtaining your own Driving License Record/Abstract from the NYS Department of Motor Vehicles This is an important tool to know exactly where you stand in terms of the law and your license status. It may turn out that you have traffic points or violations you were not even aware still existed on your driver’s license abstract record. Accordingly, you can request your own driver record abstract printout of your entire current driving record status online. If you choose, you may also call the NYS DMV at 1-518-486-9786 to request your driving record abstract on the telephone. Also, you may find out information regarding your present status on any driving license suspension imposed by the NYS Department of Motor Vehicles by contacting their Diver Improvement Program at telephone 1-518-474-0774 or on the DMV website. The Courts often say that a driver’s license is a privilege and not a right. A privilege that can be quickly lost if you do not have the right legal representation. As former Assistant District Attorneys, we have been defending client’s rights in all criminal matters including traffic tickets for three decades. In particular, Herbert Kellner, a partner in the firm, is a former Parking Violations Judicial Hearing Officer. At Guttmann & Kellner, P.C., we have successfully defended thousands of traffic summonses and tickets throughout all of Suffolk County. Speeding tickets, red light/stop sign violations, suspended licenses, reckless driving, failure to signal lane changes, unsafe lane changes, trucking/commercial traffic violations, improper registration/insurance/inspection violations, HOV violations tickets, DWI, and passing a school bus, the attorneys of Guttmann & Kellner P.C. have the experience you need when your license is jeopardized. . We handle all traffic tickets throughout Long Island including the Suffolk County Traffic and Parking Violations Agency in Hauppauge as well as Village, Justice and Town courts throughout the county. Many times, we are able (with your written authority) to appear on your behalf without you having to be present at court. https://www.experiencedlaw.com/custody-visitation daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/7db1ca9a-fcc7-40f0-9baf-5fa050528c72/unsplash-image-wBgAVAGjzFg.jpg Custody & Visitation - Custody & Visitation The subject of custody may be litigated in the Family Court if there is no pending action for divorce or if such a divorce action is ongoing, then custody will be determined by the Supreme Court. The Court’s main objective when dealing with the issue of custody is to make a determination as to what is in the best interests of the child. Unless there are safety concerns, the Court always seeks to encourage both parents to remain active in the life of the child. The Court will look at the following factors: Which parent has been the child’s primary caretaker. The quality of each parent’s home environment. The parenting skills of each parent The mental and physical health of the parents, including whether either parent drinks or uses drugs. Whether there has been domestic violence in the family and who has been the source of this violence. The work schedules and child care plans of each parent. The child’s relationship with siblings. Depending on the child’s age, the Court will consider the child’s preference. Sole Custody vs. Joint Custody With sole custody, one parent makes all of the major decisions for the child. With joint custody, both parents are permitted to make major decisions regarding the child. There are also numerous variations when dealing with the subject of custody. Often the parties will have Joint Custody however the child will reside with one party with the other having specified visitation. Moreover, one party can have sole custody but the other maintains a specified schedule of visitation which involves sleep-overs, holidays and vacations. Each family is unique and care must be taken to seek a resolution that is fair to all parties and in the best interests of the child. Visitation Visitation issues may be litigated in the Family Court if there is no pending action for divorce or if such a divorce action is ongoing, then visitation will be determined by the Supreme Court. Again unless there are safety concerns, the Court’s goal is to promote the parent/child relationship. Often one party will have residential custody of the child and the other parent will have visitation on a schedule that is negotiated. If you fear for the safety of your child due to drug or alcohol use by the other parent, you may wish to seek supervised visitation. Our family law attorneys at Guttmann & Kellner P.C. have three decades of trial experience. We are skilled in negotiation however it takes two parties to make a deal. If the adverse parent refuses to be reasonable, then you can count on our experience as Trial Attorneys to be by your side. https://www.experiencedlaw.com/spousal-support daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/6c9a2b2d-bbf6-4b85-99b1-d4929c134773/unsplash-image-YeJWDWeIZho.jpg Spousel Support - Spousal Support When tackling Spousal Maintenance during a divorce there are really two distinct components to be resolved: 1) Temporary Spousal Maintenance during the pendency of the divorce action; and 2) an order of Spousal Maintenance at the conclusion of the divorce action. Temporary Spousal Maintenance In 2010 the New York State Legislature recognized that during a divorce action, one party is frequently at a financial disadvantage. In other words, one spouse has money or has the means to generate money and the other spouse cannot do so at the same level. Because the financial playing field was often not equal, the monied spouse would often prolong litigation with the goal of making it financially impossible for the non-monied spouse to seek his or her fair day in court. Temporary maintenance, which is the spousal support paid while the divorce action is pending , is now determined by a combination of two of mathematical formulas. Once the numbers are crunched, the court uses the lower of the two results as the presumptively correct temporary maintenance amount. The first mathematical formula subtracts twenty percent of the payee spouse’s income from 30% of the payor spouse’s income (up to the $524,000 income cap). The second formula subtracts the payee spouse’s income from 40% of the sum of both spouse’s income. Whichever result is the lowest, becomes the “presumptively correct” temporary maintenance award. This presumptively correct temporary spousal support award can be altered in any given case, where using one or more statutory factors the court finds it to be “unjust or inappropriate.” Spousal Maintenance at the Conclusion of the Divorce Action Spousal Maintenance granted at the conclusion of the Divorce Action differs from that Temporary Spousal Maintenance granted during the pendency of the action. Unlike the mathematical formula devised by the New York State Legislature applicable to Temporary Maintenance, no such formula exists for Spousal Maintenance that may or may not be ordered at the conclusion of the divorce action. Instead the Court may consider twenty (20) factors in when reaching its decision as to the amount and duration of maintenance for either husband or wife. In determining the amount and duration of maintenance the Court shall consider: The income and property of the respective parties including the distribution of marital property; The length of the marriage; The age and health of both parties; The present and future earning capacity of both parties; The need of one party to incur education or training expenses; The existence and duration of a pre-marital joint household or a pre-divorce separate household; Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence; The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor; Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; The presence of children of the marriage in the respective homes of the parties; The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party’s earning capacity; The inability of one party to obtain meaningful employment due to age or absence from the workforce; The need to pay for exceptional additional expenses for the child/children, including but not limited to, schooling, day care and medical treatment; The tax consequences to each party; The equitable distribution of marital property; Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; The wasteful dissipation of marital property by either spouse; The transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; The loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties; and Any other factor which the court shall expressly find to be just and proper. https://www.experiencedlaw.com/drug-charge-crimes daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/9f46af86-47a9-4722-9f97-c3f554a1c54e/unsplash-image-bAQH53VquTc.jpg Drug Charge Crimes - Drug Charge Crimes Possession of Controlled Substances and Marijuana Controlled Substances: As former NYC Prosecutors and Criminal Defense Attorneys with more than three decades of experience we are dedicated to protecting our clients’ rights. If you have been charged with a drug crime, from possession of marijuana to narcotics trafficking, we will fight for you. Contact us now for a free consultation. Our defense philosophy is simple: Do the hard investigation and prepare diligently for trial. Only by doing the hard work can we negotiate on your behalf from strength or mount an effective and winning defense at trial. We Conduct a Complete and Thorough Investigation in Every Drug Case. We interview every witness. We file all appropriate motions to dismiss. We know the Prosecutors and we know how to deal with them. We handle all crimes involving marijuana, crack, cocaine, methamphetamines, heroin, “designer drugs” such as Ecstasy, prescription drugs, and many others, including drug offenses such as: Drug possession or Sale Possession with intent to deliver, sales, or drug distribution Possession of Drug Paraphernalia Drug trafficking or importation Drug cultivation or manufacturing, including operation of a meth lab Drug conspiracy RICO Criminal Possession of a Controlled Substance. There are six degrees of Criminal Possession of a Controlled Substance. The degree is determined by elements such as the amount and the nature of the controlled substance, whether the possession was with an intent to sell, and whether there is a particular earlier conviction. These Possession counts range from a Class A Misdemeanor to a Class A Felony. Criminal Possession of a Controlled Substance in the Seventh Degree: ” A Misdemeanor”: Knowingly and unlawfully possessing any amount of any controlled substance. Criminal Possession of a Controlled Substance in the Fifth Degree: ” D Felony”: Knowingly and unlawfully possessing: Any amount of any controlled substance with intent to sell, .5 ounces or more of a narcotic preparation, 50 milligrams or more of PCP, .25 ounces or more of concentrated cannabis, 500 milligrams or more of cocaine, More than 1,000 milligrams of ketamine, or any amount with a previous ketamine conviction, 28 grams or more of GHB. Criminal Possession of a Controlled Substance in the Fourth Degree: ” C Felony”: Knowingly and unlawfully possessing: .125 ounces or more of a narcotic drug, 2 ounces or more of a narcotic preparation, .5 ounces or more of methamphetamine, 1 gram or more of a stimulant, 1 milligram or more of LSD, 25 milligrams or more of a hallucinogen, 1 gram or more of a hallucinogenic substance, 10 ounces or more of a dangerous depressant, 2 pounds or more of a depressant, 1 ounce or more of concentrated cannabis, 250 milligrams or more of PCP, or 50 milligrams or more with intent to sell and with a previous drug conviction, 360 milligrams or more of methadone, 4,000 milligrams or more of ketamine, 200 grams or more of GHB. Criminal Possession of a Controlled Substance in the Third Degree: ” B Felony”: Knowingly and unlawfully possessing: .5 ounces or more of a narcotic drug, or any amount with intent to sell, .125 ounces or more of methamphetamine with intent to sell, 5 grams or more of a stimulant, or 1 gram or more with intent to sell, or any amount with intent to sell and with a previous drug conviction, 5 milligrams or more of LSD, or 1 milligram or more with intent to sell, or any amount with intent to sell and with a previous drug conviction, 125 milligrams or more of a a hallucinogen, or 25 milligrams or more with intent to sell, or any amount with intent to sell and with a previous drug conviction, 5 grams or more of a hallucinogenic substance, or 1 gram or more with intent to sell, or any amount with intent to sell and with a previous drug conviction, 1,250 milligrams or more of PCP, or 50 milligrams or more with intent to sell and with a previous drug conviction. Criminal Possession of a Controlled Substance in the Second Degree: “A-II Felony”: Knowingly and unlawfully possessing: 4 ounces or more of a narcotic drug, 2 ounces or more of methamphetamine, 10 grams or more of a stimulant, 25 milligrams or more of LSD, 625 milligrams or more of a hallucinogen, 25 grams or more of a hallucinogenic substance, 2,880 milligrams or more of methadone. Criminal Possession of a Controlled Substance in the First Degree: “A-I Felony”: Knowingly and unlawfully possessing: 8 ounces or more of a narcotic drug, 5,760 milligrams or more of methadone. Constructive Possession In New York, you may find yourself charged with drug possession, even if you are not in actual physical possession of any drugs. The Prosecutor may charge you with Constructive Possession if you are found to be in the dominion or control of drugs near to you, or in area over which you exercise control, such as your apartment or car Moreover if you are with other people in a car or an apartment, and the police find drugs, under certain circumstances, you and the people with you, could all be presumptively charged with the possession of these drugs. The attorneys at GUTTMANN & KELLNER , P.C. have the skills to test whether the police officer’s behavior with respect to the seizure of the drug evidence was proper. If at a hearing the Court finds that the recovery of drug evidence was the product of an illegal search, then the drug evidence will be suppressed and the case often dismissed. If you have been charged with drug possession or sale in Suffolk County, Nassau County or the New York City area, contact the attorneys at GUTTMANN & KELLNER, P.C. at 631 360-2175 Free Consultation | All Major Credit Cards Accepted | Possession of Marihuana S 221.05 Unlawful possession of marihuana. A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation. S 221.10 Criminal possession of marihuana in the fifth degree. A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses: marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams. Criminal possession of marihuana in the fifth degree is a class B misdemeanor. S 221.15 Criminal possession of marihuana in the fourth degree. A person is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces. Criminal possession of marihuana in the fourth degree is a class A misdemeanor. S 221.20 Criminal possession of marihuana in the third degree. A person is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces. Criminal possession of marihuana in the third degree is a class E felony. S 221.25 Criminal possession of marihuana in the second degree. A person is guilty of criminal possession of marihuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces. Criminal possession of marihuana in the second degree is a class D felony. S 221.30 Criminal possession of marihuana in the first degree. A person is guilty of criminal possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds. Criminal possession of marihuana in the first degree is a class C felony. Drug Sales S 220.31 Criminal sale of a controlled substance in the fifth degree. A person is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance. Criminal sale of a controlled substance in the fifth degree is a class D felony. S 220.34 Criminal sale of a controlled substance in the fourth degree. A person is guilty of criminal sale of a controlled substance in the fourth degree when he knowingly and unlawfully sells: a narcotic preparation a dangerous depressant or a depressant and the dangerous depressant weighs ten ounces or more, or the depressant weighs two pounds or more concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law phencyclidine and the phencyclidine weighs fifty milligrams or more methadone any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense ketamine and said ketamine weighs four thousand milligrams or more. a controlled substance in violation of section 220.31 of this article, when such sale takes place upon school grounds or on a school bus a controlled substance in violation of section 220.31 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds. As used in this subdivision, the phrase “the grounds of a child day care or educational facility” shall have the same meaning as provided for in subdivision five of section 220.44 of this article. For the purposes of this subdivision, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility; or 9. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more. Criminal sale of a controlled substance in the fourth degree is a class C felony. S 220.39 Criminal sale of a controlled substance in the third degree. A person is guilty of criminal sale of a controlled substance in the third degree when he knowingly and unlawfully sells: a narcotic drug a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense a stimulant and the stimulant weighs one gram or more lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more a hallucinogen and the hallucinogen weighs twenty-five milligrams or more a hallucinogenic substance and the hallucinogenic substance weighs one gram or more one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more a narcotic preparation to a person less than twenty-one years old Criminal sale of a controlled substance in the third degree is a class B felony. S 220.41 Criminal sale of a controlled substance in the second degree. A person is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells: one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more a stimulant and the stimulant weighs five grams or more lysergic acid diethylamide and the lysergic acid diethylamide weighs five milligrams or more a hallucinogen and the hallucinogen weighs one hundred twenty-five milligrams or more a hallucinogenic substance and the hallucinogenic substance weighs five grams or more methadone and the methadone weighs three hundred sixty milligrams or more. Criminal sale of a controlled substance in the second degree is a class A-II felony. S 220.43 Criminal sale of a controlled substance in the first degree. A person is guilty of criminal sale of a controlled substance in the first degree when he knowingly and unlawfully sells: one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more methadone and the methadone weighs two thousand eight hundred eighty milligrams or more. Criminal sale of a controlled substance in the first degree is a class A-I felony. S 220.44 Criminal sale of a controlled substance in or near school grounds. A person is guilty of criminal sale of a controlled substance in or near school grounds when he knowingly and unlawfully sells: a controlled substance in violation of any one of subdivisions one through six-a of section 220.34 of this article, when such sale takes place upon school grounds or on a school bus a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon school grounds or on a school bus a controlled substance in violation of any one of subdivisions one through six of section 220.34 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds. For purposes of subdivisions three and four of this section, “the grounds of a child day care or educational facility” means (a) in or on or within any building, structure, athletic playing field, a playground or land contained within the real property boundary line of a public or private child day care center as such term is defined in paragraph (c)of subdivision one of section three hundred ninety of the social services law, or nursery, pre-kindergarten or kindergarten, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such facility or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such facility. For the purposes of this section an “area accessible to the public” shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants. For the purposes of this section, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility. Criminal sale of a controlled substance in or near school grounds is a class B felony. S 221.35 Criminal sale of marihuana in the fifth degree. A person is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marihuana. Criminal sale of marihuana in the fifth degree is a class B misdemeanor. S 221.40 Criminal sale of marihuana in the fourth degree. A person is guilty of criminal sale of marihuana in the fourth degree when he knowingly and unlawfully sells marihuana except as provided in section 221.35 of this article. Criminal sale of marihuana in the fourth degree is a class A misdemeanor. S 221.45 Criminal sale of marihuana in the third degree. A person is guilty of criminal sale of marihuana in the third degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams. Criminal sale of marihuana in the third degree is a class E felony. S 221.50 Criminal sale of marihuana in the second degree. A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age. Criminal sale of marihuana in the second degree is a class D felony. S 221.55 Criminal sale of marihuana in the first degree. A person is guilty of criminal sale of marihuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces. Criminal sale of marihuana in the first degree is a class C felony. https://www.experiencedlaw.com/home daily 1.0 2022-01-31 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/1643057991214-V5X1L3BAGRS3X487820J/IMG_1217-e1435850859411.jpg Home https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/1643058025931-QBMZUMIJNH41QM7GL7C2/photo-141.jpg Home https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1618497259178-6XJGK9GR6YAVBQL5L519/20140301_Trade-151_012-2.jpg Home https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694583486-2PQT0LQ193RL7MCB6DX4/20140228_Trade+151_0046.jpg Home https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694644871-IC85FNH781UNZSZEGHDR/Aro+Ha_0428.jpg Home https://www.experiencedlaw.com/family-law daily 0.75 2022-01-25 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/ff8c272a-2381-43d0-80b1-4a33b2857c11/unsplash-image-Qngdf0kgGB4.jpg Family Law - Family Law This may be your first divorce, but it’s not ours. Whether you are facing an uncontested divorce or a more difficult contested action, our thirty years of experience will guide you through every step of the process. Divorce, Custody, Visitation, Child Support, Spousal Support, Relocation issues, Distribution of Assets, our attorneys at Guttmann & Kellner P.C. have handled countless cases in the Supreme Courts and Family Courts of Long Island. We understand the issues, we know the law and we take the time to listen to you. The Guttmann & Kellner P.C. Difference We are experienced trial attorneys who have tried countless cases throughout Long Island and New York City. As former Prosecutors, we zealously protect the rights of our clients. Experience Counts. Allow our three decades of experience to work for you. Divorce Custody and Visitation Child Support Spousal Support https://www.experiencedlaw.com/child-support daily 0.75 2022-01-25 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/1239fb2d-b05a-4d8d-8461-38bbb20c1fb5/unsplash-image-wtxcaDIdOCM.jpg Child Support - Child Support Child Support often is litigated in two very different Courts. If an action for divorce is not pending, then the issue of Child Support may be decided in Family Court. Once an action for divorce is ongoing, the subject of Child Support is addressed in the Supreme Court. In New York, child support is often paid by the non-custodial parent for the support, maintenance and education of the children. Child support is terminated when a child reaches the age of 21 or is earlier emancipated. The parents however may agree to support their children beyond the age of 21, for example, until the children graduate from college. Child support in New York is calculated pursuant to the New York Child Support Standards Act (“CSSA”) (Domestic Relations Law §240(1–b) and Family Court Act § 413(1)(b)). The guidelines contains tables which consider the gross incomes of both parents and appropriate deductions. The “basic child support obligation” is calculated by multiplying the “combined parental income” by the appropriate “child support percentage.” “Income” is defined as “gross income as was or should have been reported on the most recent federal income tax return” less deductions for social security and New York City and Yonkers income taxes.” The “child support percentage” is set forth as follows: 17% of the combined parental income for one child; 25% of the combined parental income for two children; 29% of the combined parental income for three children; 31% of the combined parental income for four children; and no less than 35% of the combined parental income for five or more children. This formula is adjusted for parents with income below the self-support reserve or the poverty income guideline amount. Moreover the CSSA contains an income “ceiling” of $141,000 to which the aforesaid percentages are applied. If the parents income exceeds $141,000 then the Court can apply additional factors to determine an appropriate order of Child Support. In addition to Child Support, the Court can order the non-custodial parent to pay hisher pro rata share of the child’s future reasonable health care expenses not covered by insurance as well as appropriate child care expenses when the custodial parent is working or attending school. Child support is retroactive to the date that a petition or motion is filed with the Court. If however the custodial parent was or is receiving social services, the County Department of Social Services can sue the non-custodial parent for child support retroactive to the date that the child became eligible for services. Additionally in the case where the child was born out of wedlock, the child’s mother can bring a Family Court paternity proceeding in which the father, if paternity is established, may be required to pay the expenses of her pregnancy and delivery. Our family law attorneys at Guttmann & Kellner P.C. have three decades of trial experience. We are skilled in negotiation however it takes two parties to make a deal. If the adverse parent refuses to be reasonable then you can count on our experience as Trial Attorneys to be by your side. https://www.experiencedlaw.com/domestic-violence daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/7266376f-4c6a-480b-9e76-68cdbcc6c9df/unsplash-image-DZpc4UY8ZtY.jpg Domestic Violence - Domestic Violence A family offense petition is filed by someone who claims that a family member hurt or threatened him or her or another member of the family or household. Family members include persons related by blood or marriage, formerly married persons, and unrelated persons who have a child in common. Family offense cases may go forward in a Family Court and/or they may be prosecuted in a Criminal Court. Parties to family offense matters can have cases in a Criminal Court and a Family Court at the same time. The purpose of a family offense proceeding in Family Court is to stop the violence, end the family disruption and obtain protection. The victim who goes to Family Court to start the action is the petitioner. The alleged abuser is the respondent. A petitioner has the right to an immediate appearance before the court on the day the petition is filed or on the next day the court is in session. The judge will ask the petitioner questions about the petition and if the judge finds “good cause,” a temporary order of protection will be issued. A temporary order of protection does not mean that the judge made a finding of wrongdoing. At the same time that the temporary order of protection is issued, the judge may also issue a temporary order of child support. Temporary orders may be changed after the other party appears in court or after a trial takes place. If a person needs protection during the evening hours or on the weekend when the Family Court is closed, he or she may go to a Criminal Court to obtain an order of protection or to have an existing order of protection enforced or modified. A police officer or law enforcement agent and the District Attorney’s office will assist in this process. At the initial hearing in the Family Court, the court will set another court date (return date) and issue a summons for the respondent to appear. If the judge determines the petitioner is in immediate danger, the court may issue a warrant for the respondent to be brought to court. A respondent who is charged with a family offense may admit or deny the allegations in the petition or, without admitting or denying, consent to the entry of an order of protection against him/her. If the respondent denies the allegations, the petitioner has a right to a fact-finding hearing in order to prove the allegations in the petition. If the petitioner proves the case, then the judge will make a finding that the respondent committed a family offense. A dispositional hearing will then be held, based on which the judge will decide on the terms of a court order designed to protect the petitioner. At a dispositional hearing, a judge may issue a final order of protection (sometimes referred to as a permanent order of protection) on behalf of the petitioner and/or his or her children. A temporary or final order of protection may provide for any or all of the following: require the respondent to move out of the home shared with the petitioner, stay away from the petitioner and his/her home, school and place of employment, and have no contact by telephone or other means with the petitioner and his or her family; require the respondent to refrain from committing family offenses; require a party to pay medical expenses; order temporary custody of any children; permit a parent to visit with a child at stated times; permit one party to enter the home accompanied by a police officer during a specific time to remove personal belongings; require the respondent to turn in weapons, and/or suspend or revoke a gun license; require the respondent to participate in a batterer’s education program, designed to help end violent behavior, which may include referral to an alcohol and/or substance abuse evaluation, treatment and counseling; and/or require a party to pay restitution up to $10,000 for damages caused to the victim; and order a period of probation for the respondent. Orders of protection are typically issued for one year. The terms of a protective order can only be changed by a judge. A judge may issue an order of protection for up to three (3) years if there are aggravating circumstances in the case. Aggravating circumstances include physical injury; use of a weapon; repeated violations of orders of protection; prior criminal convictions for acts against the petitioner; and the exposure of children or other family members to harm. A victim of domestic violence may also file a criminal complaint at the local police precinct, which may result in prosecution and punishment in Criminal Court. In that court, the District Attorney’s office prosecutes the case and asks the judge to issue an order of protection for the victim. The defendant may receive a criminal conviction as a result of the prosecution and be sentenced to probation or jail time. The Criminal Court judge may also issue an order of protection. An order of protection may also be issued by a Supreme Court judge in connection with matrimonial proceedings (divorce or separation). How to Enforce an Order of Protection If a respondent violates any part of an order of protection, the petitioner may file a violation petition. For example, a temporary order of protection may prohibit a spouse from entering the family residence, including the lawn of a house, or the lobby of an apartment building. If the spouse violates that condition of the order by coming within those areas, the protected spouse may file a violation petition and the judge may issue a warrant to bring the respondent into court quickly. If the Family Court judge determines that the respondent violated the order, the judge may sentence the respondent to as much as six (6) months in jail for each act committed in violation of the order. The judge may also modify the order of protection. If a violation of a Family Court order of protection occurs during the evening hours or on the weekend when the Family Court is closed, the petitioner may contact the police and go to a Criminal Court to have the order enforced or modified. A police or law enforcement agent and the district attorney’s office will assist in this process. A violation of a Family Court order of protection may also be prosecuted in a Criminal Court by a District Attorney. Depending on the seriousness of the case, the person who violated the order may be sent to prison for as long as seven (7) years. https://www.experiencedlaw.com/real-esate daily 0.75 2022-01-25 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/a42f0ab1-7556-43ff-8d0f-b3c52fc3de08/unsplash-image-rgJ1J8SDEAY.jpg Real Estate - Real Estate The attorneys at Guttmann & Kellner P.C. have 30 years of experience handling residential contracts and closings. We have represented purchasers and sellers throughout Long Island, New York City and the Mid-Hudson Valley and understand that this may be the largest and most important transaction in your life. That is why at Guttmann & Kellner, P.C. only one of our attorneys prepares or reviews the contract for sale and only one of attorneys attends the closing. We won’t ship your file off to a paralegal. Your questions will be answered by an attorney and all legal work on your closing is done by our attorneys. Buying your Home You’ve shopped around, seen dozens of houses and now have found just the right house. The hard part is over, now is the time to contact a law firm that has the experience to walk you through each step of the process; from the engineer’s report to contract, through the mortgage application and finally to the closing. Engineer’s Report Before you enter into a contract to purchase a home it is essential that you have a qualified engineer perform a thorough inspection of the entire house. Does the house need a new roof? How sturdy is the foundation? What about the heating, plumbing and electrical systems? Once the inspection is complete, the engineer’s written report will be read by our attorneys. Any questions that you have concerning the physical condition of the house must be addressed. The Contract As the buyer who is depositing a large down-payment, you will want a real estate contract that protects you if the deal should fall through without any fault of your own. The attorneys at Guttmann & Kellner P.C. insist upon a mortgage contingency clause which protects your down-payment in the event that you are unable to obtain a mortgage. A solid contract must protect both parties. All contingencies must be considered so that if problems arise you are protected. Mortgage Process Once the contract is signed, you as the buyer must find the mortgage that best suits your budget. The attorneys at Guttmann & Kellner P.C. will be available to answer all your questions as you sort through the various types of mortgages and lending institutions. Title Searches Simultaneous to the mortgage process, the attorneys at Guttmann & Kellner, P.C. make sure that the seller can convey title to the property to you as specified in the contract. A title search needs to be performed to determine if the house you are about to purchase is free of encumbrances. The Closing You will probably sign your name more times at the closing that at any other time in your life. Dozens of state tax forms and mortgage documents must be executed and the attorneys at Guttmann & Kellner P.C. will be present to walk you through the entire process. https://www.experiencedlaw.com/dwidui daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/dc0f9be5-5057-43ad-8273-75a4e3af4f5d/unsplash-image-y5LaV9IEC_g.jpg DWI/DUI - DWI/DUI If you are arrested for drunk driving and charged with a DWI, the penalties can be life changing. If convicted for DWI in New York, you will be required to pay significant fines and surcharges, face license revocation, higher insurance premiums and possible incarceration. We will investigate whether there was reasonable suspicion to justify the initial traffic stop: Did the officer properly administer the field sobriety test? (i.e., Breathalyzer) If a blood test was conducted, were there any issues with chain of custody of the evidence? Was there probable cause for an arrest? Were there any traffic infractions? Did the officer read you your Miranda rights prior to any questioning? Were any items taken from your vehicle and if so, were proper procedures followed? DWI Penalties in New York for First Offender Driving while intoxicated (DWI). This is a misdemeanor which carries $500 to $1,000 in fines and/or up to a year in jail. Your license will also be revoked for six months, you will be charged additional surcharges and assessments, and an ignition interlock device will be placed on your vehicle and importantly all other vehicles in your household. Aggravated DWI If you are arrested with more than .18 blood alcohol content (BAC), you could be charged with aggravated DWI. This offense is a misdemeanor and carries $1,000 to $2,500 in fines and/or up to a year in jail. Your license will also be revoked for one year, you will be charged additional surcharges and assessments, and an ignition interlock device will be placed on your vehicles. Driving While Ability Impaired (DWAI) DWAI is a traffic infraction, and you could face up to $500 in fines and/or up to 15 days in jail. Your license will be suspended for 90 days, and you will be required to pay additional surcharges and assessments. DWAI Drugs Driving under the influence of drugs is a misdemeanor crime carries a fine of $500 to $1,000 and/or up to a year in jail. You will lose your license for six months. You will also face additional surcharges and assessments. Leandra’s Law In 2009, the legislature passed Leandra’s Law which makes the act of driving while intoxicated with a person age 15 or younger in the vehicle a felony. If convicted under this new law, individuals face a prison sentence up to four years and a mandatory fine of $1,000-$5,000 a nd your name will be reported to the Statewide Central Register of Child Abuse and Maltreatment. Refusal Hearings If you failed a breath, blood or urine test during an arrest for drunk driving your license will be suspended at your first Court appearance. Further if at your arrest you refused to submit to a test for Blood/Alcohol Content (BAC) or drugs, the State of New York will initiate a proceeding to suspend your license through the Department of Motor Vehicles. You are entitled to a Refusal Hearing at the Department of Motor Vehicles. A refusal hearing must be scheduled within fifteen (15) days of your arraignment. If you do not appear at the hearing or the Court finds that you refused to submit to the BAC test your license will automatically be revoked for one year, and you will not be eligible for receipt of a conditional license. Hardship License At your first appearance in Court the judge can order a Hardship Hearing. A hardship license, if granted by the Court, permits you, during the first 30 days after arraignment, to drive to and from work and school if you can show that there is an undue hardship and you have no other reasonable method to travel. In the state of New York, a person found driving with a BAC (blood alcohol content) of 0.08% or higher may be arrested for suspected driving under the influence. In order to obtain evidence that someone is in fact under the influence of drugs and/or alcohol, and to bolster their case, law enforcement may administer several tests that may include: field sobriety tests, breath tests (breathalyzer machine), blood tests and urine tests. The DWI/DUI defense lawyers at Guttmann & Kellner fully understand these tests and the many legal issues and defenses that are associated with these tests. We possess the skill to win your case. Breathzalyzer Testing in New York Upon being stopped by a police officer because he or she suspects that you are driving while intoxicated , there are certain steps that the police officer must follow. First and foremost, the police officer needs to have reasonable cause to believe that you are driving while intoxicated, impaired or under the influence of drugs As this conclusion is based upon the officer’s own opinion, this point is usually vulnerable to challenge at a driving while intoxicated (DWI, DUI, drunk driving) trial. If you are arrested, the officer will take to you the police precinct where you will be asked to take a Blood/Alcohol Test such as a Breathalyzer or Intoxometer. Field Testing Every person operating a motor vehicle which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a police officer, submit to a breath test to be administered by the police officer. If such test indicates that such operator has consumed alcohol, the police officer may request such operator to submit to a chemical test in the manner set forth in subdivision two of this section. You have the right to refuse to take the Breathalyzer. New York has strict consequences for refusing a Breathalyzer test, one of which is that you automatically will lose your driver’s license for a year. If you refuse to blow into the Breathalyzer, know that you will lose your driving privileges for a year. If you or your loved one has been stopped, arrested, in custody or charged withdriving while intoxicated (DWI, DUI, drunk driving) it is extremely important that you have aggressive and effective DWI defense representation. https://www.experiencedlaw.com/herbert-s-kellner daily 0.75 2022-01-27 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/1643058025931-QBMZUMIJNH41QM7GL7C2/photo-141.jpg Herbert S. Kellner - Herbert S. Kellner 30 Years Experience as a Trial Attorney Herbert Kellner has litigated thousands of trial cases. A well respected seasoned Trial Attorney who has throughout his career litigated thousands of serious personal injury/accident cases, Federal Social Security Disability cases, NYS Police Retirement Disability cases, Tax litigation, Commercial trial litigation cases, Custody trials, Support trials, Paternity trials, Termination of Parental Rights trials, Homicides, complex serious felony trials and pre-trial hearings, Family Court neglect/abuse cases, landlord/tenant, all phases of complex civil litigation and practice and appeals. Real estate, wills and estates, Vehicle and Traffic violations, summonses, and trials. Former Law Guardian/Attorney for Children certified and appointed by the NYS Appellate Division by the Hon. Presiding Justice Gail Prudenti to represent children in legal court cases. Registered Child Mentor, Suffolk County Probation Dept. Former certified Polygraph Examiner. Former City of New York Administrative Law Judge. Chief Counsel to The Suffolk County Society For The Prevention Of Cruelty To Animals and member of the Board of Directors. Chief counsel to the Long Island Golf Course Mechanics Association. Three time Committee Co-Chair of the Suffolk County Bar Association Plaintiff’s Personal Injury-Insurance Committee; guest lecturer and conducted CLE Seminars at the Bar Association; Guest lecturer for the New York Prosecutor’s Training Institute on Cruelty To Animals. Former Trustee of the Suffolk County Bar Association, Academy of Law. Licensed and admitted to practice law in all New York State Courts, Eastern, Southern, and D.C. Federal District Courts, United States Court of Appeals for the Federal Circuit, United States Court of Federal Claims, United States Federal Military Court of Appeals, and admitted to practice before the United States Supreme Court. Bar Admissions New York, Appellate Division Second Department 1987 United States District Court Eastern District of New York United States District Court Southern District of New York D.C. Federal District Courts United States Court of Appeals for the Federal Circuit United States Court of Federal Claims United States Federal Military Court of Appeals Admitted to argue before the United States Supreme Court Education Touro College Jacob D. Fuchsberg Law Center, Huntington, N.Y., Juris Doctor Degree, May 1986 Touro Law Journal, Staff Editor/Writer New York Law School, New York, N.Y., 1985, credits. St. John’s University School of Law, Jamaica, Queens, 1984, credits. Syracuse University, Syracuse, N.Y., Atrium Baccalaurei, Dual Degree, 1977. Harvard University, Cambridge, Mass., credits 1976. New York School of Lie Detection, New York, N.Y., Polygraph Advanced Field Certification, 1979; Instructor 1986-1989, Certified Polygraph Examiner. State University of New York at Farmingdale, Famingdale, N.Y., Forensic Hypnosis Certification, 1981. National College of District Attorneys, Prosecutors Course, 1986. Contact questions@experiencedlaw.com (631) 360-2175 https://www.experiencedlaw.com/personal-injuryaccidents daily 0.75 2022-01-25 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/f996aad3-dbbc-4d63-a538-ac18b923a208/unsplash-image-CSkriQWeTVs.jpg Personal Injury and Accidents - Personal Injury and Accidents Our experienced trial attorneys are former New York City Prosecutors who will relentlessly protect your rights. You’ve suffered injury due to someone’s negligence, now fight back with our three decades of experience. We know that a serious injury can not only cause you continuous pain but also alter the life of your family. The added stress, the loss of the ability to earn a living and the loss of the ability to just do the things that you once took for granted. To lead a vigorous life, to sit or stand pain free, to pick up and play with your child or grandchild. The attorneys at Guttmann & Kellner P.C pledge to do our very best so that you are fairly and justly compensated. You didn’t ask to be hurt but you can and should ask that your accident lawyers will fight every step of the way for you. Our trial attorneys have handled all serious accidents including: Car Accidents Truck Accidents Pedestrian Accidents Construction Accidents Slip and Falls Premises Liability Dog Bites Injured in a car accident? Know your rights. What if I am injured in a car accident? What should I do? The following is a general outline of steps you should take, which we at the Law Firm Of Guttmann & Kellner, P.C. highly recommend based upon our experience: Things You Should Do Immediately After a Car Accident: Stay calm and immediately call an ambulance for anyone injured. Call the police and make sure you are safely out of the way of any oncoming traffic. Exchange information with the other driver: a) Name b) Address c) Telephone Number d) Drivers License Number e) License Plate f) Name of Insurance Company g) Insurance Policy Number Obtain the names. addresses. and phone number of all passengers in the other vehicle Obtain the names, addresses, and phone numbers of all witnesses Obtain the name, address, and phone number of the owner of the other vehicle – remember: in New York State an owner of a vehicle is just as responsible as the driver of that same vehicle as long as the driver had the permission from the owner to drive the vehicle – don’t assume the driver is also the owner of the vehicle. Damage to vehicles: Take note of the vehicle year and model, license plate, and any damage visible. As soon as practicable, record the date, time and exact location of the accident and make a diagram of how it occured. Report the accident as soon as possible to your agent or broker – failure to do so may result in jeopordizing your insurance coverage. Report any accident involving injury or death to the police. Obtain a copy of the police report as soon as possible. Note, in Suffolk County, unlike most jurisdictions, the responding police officer will usually write a field report, followed by a regular accident report, and a document called a “supplemental 1010 report” concerning driver, passenger, or witness statements. Always try to obtain all supplemental 1010 reports along with the regular accident reports. Save all photographs of the damage to your vehicle, scene, or injuries. Most importantly, do not discuss the details of the accident with anyone or attempt to blame the other parties. Too often, you may discover that what is said at an accident scene can later be used against you. Also, after the accident be very careful who you are talking to. Very often adverse insurance company investigators will try to obtain a statement over the phone by recording the conversation without your knowledge. Although this may not seem ethical, it is quite legal. In New York State only one participant in a phone conversation needs to consent in order to legally record a phone conversation – not two. We always advise our clients to refer anyone seeking information about an accident directly to our law firm so that we can adequately protect your rights. There are so many aspects of a personal injury claim and lawsuit to consider should you or a close family member or friend become injured in a car accident. The main consideration in choosing the proper law firm to represent your interests is the amount of litigation experience your lawyer has. Insurance companies have little respect for attorneys who are not prepared to go to court and litigate a case before a jury to verdict. Conversely, insurance companies are much more inclined to settle a case for its fair value when they know they are dealing with attorneys who are ready, willing, and able to pick a jury, prepare, and litigate a case to its conclusion. At Guttmann & Kellner, P.C. we will be by your side every step of the way to protect your rights, backed up by years of proven litigation experience and results. As with all our personal injury cases, Guttmann & Kellner, P.C. never charges a fee unless we are successful in obtaining a settlement or judgment in your favor. Call us for a free consultation or e-mail us with the specifics of your case and we will respond within 24 hours guaranteed. https://www.experiencedlaw.com/daniel-h-guttmann daily 0.75 2022-01-27 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/5c581d6b-0904-4ddb-b40f-5246688a6793/IMG_1217-e1435850859411.jpg Daniel H. Guttmann - Daniel H. Guttmann 30 Years Experience as a Trial Attorney Daniel Guttmann as litigated thousands of cases. A seasoned trial attorney who has tried serious personal injury and accident cases, contested divorce actions, custody trials, support trials, homicides, tape, felony narcotics, kidnapping, felony assaults, robberies, landlord/tenant and civil litigation. Experience: Guttmann & Kellner, PC: 1994 - Present. Founding member of firm. Law Office of Daniel Guttmann: 1989 - 1994 Office of Queens County District Attorney: 1986 - 1989 Position: Assistant District Attorney assigned to the following Bureaus: Supervisor of District Attorney’s Narcotic Plea Part Supervisor Criminal Intake Bureau Grand Jury Bureau Rackets and Economic Crimes Bureau Criminal Court Bureau Appeals Bureau Appointed Positions: Nassau County District Court Arbitrator 1990- Present Suffolk County District Court Arbitrator 1990- Present Assigned Counsel Panels Appointments: Suffolk County Assigned Counsel: Homicide, Felony and Appellate Panels 1990-present Queens County Assigned Counsel: Felony, Appellate Panels 1989-Present Suffolk County Assigned Counsel Family Court Panel 1990-present Bar Admissions New York, Appellate Division Second Department, 1987 United States District Court Eastern District of New York United States District Court Southern District of New York Education SUNY at Buffalo School of Law, 1986 J.D. CUNY at Queens College, 1983 B.A. Contact: questions@experiencedlaw.com (631) 360-2175 https://www.experiencedlaw.com/sex-crimes daily 0.75 2022-01-26 https://images.squarespace-cdn.com/content/v1/61eeffb91770460ad0bb9395/0dbedbcc-6b57-4187-a1be-7ff4810dcb8a/unsplash-image-zeH-ljawHtg.jpg Sex Crimes - Sex Crimes The attorneys at Guttmann & Kellner, P.C. have three decades of experience of actually trying all Sex Crime cases, including Rape, Sexual Misconduct, Date Rape, Indecent Exposure, Internet Sex Crimes or more. We are former NYC Prosecutors and have been trained to successfully litigate these cases. More importantly, we have defended clients charged with Sex Crimes and have had juries return verdicts of Not Guilty. Being accused of a Sex Crime can have devastating consequences. Not only can you face decades of imprisonment, but if you are convicted of a sex crime, you may be required to be registered as a sex offender for a lengthy time, possibly the rest of your life. Our defense philosophy at Guttmann & Kellner, P.C. is based on hard investigation and aggressive investigation. We utilize top experts in the field and believe that a strong defense is predicated upon a vigorous offense. If you or a loved one has been charged with a Sex Crime in Suffolk County, Nassau County or N.Y.C . call the attorneys at Guttmann & Kellner P.C. Computer and Internet Crimes Prosecutors in New York have become specialized in investigating and prosecuting all forms of crime related to computers. If you are facing such charges or have been contacted by the Police as to a possible Computer or Internet Crime, you need the skilled representation offered by the attorneys of Guttmann & Kellner, P.C. Some of the crimes associated with computers are: Unauthorized Use of a Computer Computer Tampering Computer Trespass Unlawful Duplication of Computer Related Material Criminal Possession of Computer Related Material Identity Theft Forgery Grand Larceny Falsifying Business Records Child Pornography Harassment Credit Card Fraud https://www.experiencedlaw.com/contact daily 0.75 2022-01-27 https://www.experiencedlaw.com/book-a-class daily 0.75 2025-05-13