Tag: attorney

Disorderly Conduct

On June 13, 2014, in Criminal, by John A. Weber IV, ESQ.

Disorderly Conduct – New York Penal Law Section 240.20

In New York, Disorderly Conduct occurs when a person intentionally or recklessly creates a risk of public inconvenience, annoyance or alarm. Disorderly Conduct can be committed several different ways (see statute below). Disorderly conduct is a violation (not a misdemeanor or felony). Disorderly conduct is a common charge in New York. However, it is not always properly charged.

The Disorderly Conduct statute reads as follows:

A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:

1. He engages in fighting or in violent, tumultuous or threatening behavior; or

2. He makes unreasonable noise; or

3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or

4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or

5. He obstructs vehicular or pedestrian traffic; or

6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or

7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.

The NY Court of Appeals, New York’s highest court, has made it clear that evidence of actual or threatened public harm (inconvenience, annoyance, or alarm) is a necessary element of a valid disorderly conduct charge (People v. Baker, 20 N.Y.3d 354, 960 N.Y.S.2d 704, 984 N.E.2d 902 [2013]; People v. Weaver, 16 N.Y.3d 123, 919 N.Y.S.2d 99, 944 N.E.2d 634 [2011] ).

Thus, the state must be able to prove that the defendant either intended to cause public inconvenience, annoyance or alarm or was reckless in creating a risk thereof.

 

Aggressive Debt Collectors

On September 6, 2012, in Debt collection defense, by Jason Mays, Esq.

Aggressive Debt Collectors

This article seems to suggest that they are. Although this is bad news for borrowers, the law, fortunately, protects borrowers from overly aggressive debt collectors. Debt collectors that harass borrowers, contact borrowers at odd hours, or contact borrowers’ employers may be violating the Fair Debt Collection Act. If so, those debt collectors may be forced to pay borrowers $1,000 in damages. Additionally, without proper documentation, the debt may be discharged.

If you believe that you have been harassed by aggressive debt collectors, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to help! Call (516) 858-2620 for a free consultation.

Debt Collection Lawsuit Defense

On July 7, 2011, in Debt collection defense, by Robbie L. Vaughn, Esq.

We have been successful in getting debt collectors to drop their lawsuits against our clients.

In a recent case of ours, the debt collector filed a 1 page complaint seeking thousands of dollars in alleged unpaid charges. We defended the debt collection lawsuit by filing a  21 page response. A few weeks later the debt collector voluntarily dismissed its lawsuit with prejudice.

Most of us have heard that banks are having trouble foreclosing on home loans because they can’t “produce the note.” Well, debt collectors are having similar issues. Basically, debt collectors can’t prove that they are the proper party entitled to enforce the alleged credit agreement.

We proudly assist residents of Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with debt settlement and debt collection defense. Call (516) 858-2620 to arrange a FREE consultation with an attorney!

I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

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