Newburgh Legal Issues Blog

DNA evidence revives dead cases

Cold cases have long mystified law enforcement officers and have always captivated members of the public who want to know just how there are so many violent crimes that go unsolved and ultimately unpunished. There are hundreds upon thousands of cases across the country have been left unfinished across the country, but law enforcement officials are hopeful that progress will soon be made on these cases thanks to innovative DNA technology that has recently been used in criminal investigations.

Family genealogy, DNA and what it means for criminal cases

Fate of Laree's Law still uncertain

When a person dies of a drug overdose in New York, the dealers or traffickers who supplied the drugs involved may face drug charges, but are generally not held legally responsible for the person’s death. This could change if Laree's Law, which has already passed the Senate, passes the New York Assembly.  Laree's Law would apply to drug dealers and traffickers who distribute opiates which result in a drug user's death. The proposed law - named for Laree Farrell Lincoln, a teen who died in 2013 of a drug overdose - comes in response to the ongoing opioid epidemic in the United States.

Under Laree’s Law, a drug user who intended to use the drug with the deceased will not be charged with a homicide. Instead, the law aims to target the higher-level drug dealers, and hold them accountable for deaths resulting from the drugs they are selling. In other words, what would have previously resulted in a charge for "criminal sale of a controlled substance" could become a homicide charge. Other states have passed similar legislation, but it remains unclear if New York will do the same.

Will marijuana be legal in New York?

Following in the steps of 10 other states that have made moves to legalize recreational use of marijuana, New York State now has a bill in the Senate Finance Committee that would legalize marijuana for adults over the age of 21. The bill would also establish an office that would oversee both recreational and medical marijuana use.

The bill, which is called the Recreation and Taxation Act (CRTA), would not only make marijuana use legal for adults over the age of 21, but would also expunge criminal records for those who have already been convicted on certain marijuana, a charges made null by the bill.

Your BAC should tell you when to turn over the car keys

Based on your body weight and the speed at which you consume alcohol, you can calculate how many drinks it will take to make driving inadvisable.

Given the harsh penalties for DWI in the state of New York, your decision to drink and drive could have life-changing consequences.

What factors do courts consider in child custody cases?

Imagine you're in the middle of a contentious divorce and now your soon-to-be ex has done the unthinkable. He's trying to take your parental rights away and assume full custody of your children. If he succeeds, your children will live with him full-time, and you might only get to see them for a handful of days per month.

It seems like an unthinkable outcome, to lose your parental rights, especially when your children are your own flesh and blood, and the most precious things in your life, but it is certainly a possibility when your parental rights are challenged in a New York court. If your child custody rights are being challenged, you may want to educate yourself on the different factors that New York family law judges will consider when making a decision on a child custody dispute.

3 ways to keep the details of your divorce private

Divorce is one of the most difficult life events people go through, and it is not unusual for people to prefer that details of the divorce be kept private. However, keeping things private these days can be very difficult because of how easy it is for people to find information online or through their various networks.

This is not to say the details of your divorce will inevitably become public. There are some steps you can take to keep things private as you go through this difficult time.

Can I stop my ex from moving away with our kids?

Maintaining a meaningful and stable relationship with your children after you get divorced can be very difficult for parents. This is particularly true if your ex wants to move away with your children.

However, before you assume that you are going to lose your children, you need to understand that in accordance with New York laws, a parent who shares custody of their children cannot take the kids and move without permission from the other parent and/or the courts.

Co-parents: Prepare for the challenges of back-to-school season

In the coming weeks, kids across New York will be readjusting to their new school schedule. It is also a time of adjustment for parents, particularly those who are co-parenting and new to the changes that come with the transition from summer vacation to a regular school schedule.

If you are in this group, understand that this transition can be confusing and frustrating the first time around. Below are a few steps you can take to make this situation a little easier for you and your kids.

Think you're too young for a prenup? Think again

Millennials are subjected to a number of negative stereotypes. Older generations say they are lazy, entitled and careless in ways they were not. However, the fact is that for many millennials, these descriptors could not be further from the truth.

In fact, many millennials are incredibly driven, cautious and outspoken. They take their future seriously and speak up about what they want and deserve. With this in mind, it should not be surprising that there is reportedly an uptick in millennials seeking prenuptial agreements. In this post, we will look at some reasons why you would be wise to consider signing a prenup if you are a millennial about to tie the knot.

5 tips for co-parenting as well as possible

You're not broken up about your divorce; instead, you're excited about what the future holds. You want to focus on your child and yourself.

At the same time, you know that co-parenting is a reality. That child belongs to your ex, as well. How can the two of you co-parent successfully for years to come?

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