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Representing Clients Arrested for All Crimes in All New York Courts.

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If you’ve been arrested or accused of a crime, Call Us.

How Can A Lawyer Help With A Property Damage Insurance Claim?

Many people think a property damage insurance claim is a simple matter. Take your car to a body shop or automobile dealership, get an estimate, submit it to the insurance company, and receive a check in the amount of the estimate. In some cases that might be true. However, in many situations it is far more complicated. There are many problems that arise. Those problems can be helped by a lawyer. An attorney can provide valuable assistance is resolving your claim.

Pre-existing conditions is one area that insurance companies raise as a defense to paying a claim in full. A lawyer can be of great value in refuting this matter. An example will illustrate the problem. Your car is struck on the passenger side front door. The other driver is at fault and their insurance company accepts liability. The repair estimate notes that there were dents in the door prior to the accident. The insurance adjuster examines your car in person and determines that 25% of the repairs are related to the pre-existing damage. The repair shop states that it is virtually impossible to repair the damage caused by the other driver without also fixing the pre-existing damages.

This is where a lawyer will help. He or she will point out to the insurance adjuster that the pre-existing dents are irrelevant to the damage estimate. The cost to fix the damage inflicted by their insured would be the same even if the door was brand new. Repairing the old dents is just a necessary part of fixing the damage caused by the other driver. A good lawyer will drive this point home and convince the insurance company to pay the total estimate.

Another situation that can arise involves an older vehicle you own that receives serious damage. An insurance company will want to total the vehicle and pay what they consider to be the fair market value of the automobile. This happens when they believe the cost to repair the damage is more than the value of the car. Sometimes this may work out for you. Many times, though, you will not be able to take the money offered and purchase another vehicle. You will have to come up with extra money which does not seem right since you were not at fault. Again a lawyer can be of great help.

One argument the lawyer will use is that you knew the condition of your car. It may have been old, but you took good care of it. It will be difficult if not impossible to locate another older car that has been kept up to date with maintenance. The solution is to repair your old car. The lawyer will argue that you are entitled to be made whole and the only way to do that is to fix the damages.

Anytime you have a lawyer on your side there is always the unspoken alternative you have of filing a lawsuit against the person who was at fault. For relatively small damages there may be the possibility of an action in small claims court. A lawyer can prepare a lawsuit on short notice since the issues are not that complicated. Insurance companies know this and they do not want to hire an attorney and incur legal fees. Paying you the extra money to settle will most likely be less expensive than attorney fees. An attorney will take advantage of this angle and get you what you deserve for your damages.

Next time you have a property damage claim, talk to a lawyer before settling and get a legal opinion. You may be surprised by what the attorney can do for you.

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NYPD Ticket Fixing Scandal in Conjunction with Police Misconduct in Fabricating Probable Cause for Arrest

New York City criminal lawyers and NYC DWI DUI attorneys have been asked to comment recently on the arrests of many members of the New York City Police Department in the so called “ticket fixing” scandal. The Bronx County District Attorney’s office in conjunction with NYPD internal affairs bureau has arrested and is prosecuting several police officers who have allegedly used their position and authority to cause family and friends summonses issued by fellow NYPD officers to be dismissed. Many NYC criminal lawyers and New York City DUI DWI attorneys have commended the DA’s office and IAB for taking such action against fellow “colleagues”, especially in the sense that this could harm some of their cases, if any of these police officers are witnesses on cases presently being prosecuted, or cases that have been prosecuted in the past. Other New York criminal lawyers and DUI DWI lawyers think that this was somewhat of a petty case of unethically helping out friends and family of these officers, and is better dealt with by administrative hearings and reviews, internally within the police department, with fear of losing their jobs as a police officer, rather than dealing with this in criminal court and facing jail time or a criminal record.

Yet, other criminal lawyers in New York City and DWI DUI attorneys in NYC have an opinion shaded by both of the above beliefs. These New York criminal attorneys and DUI DWI lawyers in New York City feel as if these police officers, in this instance, should be dealt with administratively, within the NYPD, because it deals with them not necessarily lying, or being dishonest, but abusing their power, to help a friend or family member, and not necessarily harming anyone else. But these same NY criminal lawyers and DUI DWI attorneys in New York feel as if the District Attorney’s offices should investigate and potentially prosecute police officers when they claim obvious false reasons why they stopped an individual on the street or in their car. In this instance when a police officer fabricates a reason for stopping an individual and they are arrested there is an obvious negative impact on that individual caused by this fib. Many criminal defense attorneys in New York City and New York DUI DWI lawyers will tell you that all too often police officers seem as if they will say anything in explaining why they stopped an individual on the street or in their car to ensure that their arrests “stick” and is not dismissed because their was no probable cause to stop this individual.

Some of these instances where police officers are fabricating reasons for stopping an individual should be obvious to prosecutors. You wouldn’t need a DWI DUI lawyer in New York City to tell you that when a client is arrested for a DWI and all of the paperwork that a police officer fills out directly after arrest says that he stopped the detained person’s vehicle because he had a crack in his windshield obstructing his view, and then when later on it’s pointed out that no such crack exists and the officer then states that he also pulled the client over because he “thought the car had too much tint in the windows”, that this is an example of an officer who will say anything to make sure his arrest “sticks”. You shouldn’t need a criminal attorney in New York City to point out that when a police officer claims he saw an individual holding a small zip lock bag of a controlled substance in plain view, especially in light of the fact that the police officers observation post is quite a distance away, that this is another example of a police officer who will say anything to make sure his arrest is further prosecuted.

Prosecutors in most counties, such as : Manhattan, Brooklyn, Queens, Bronx, Westchester, Nassau, Richmond, Rockland and Suffolk have their hands full and their resources stretched to the limit in prosecuting cases. Criminal defense attorneys in New York and DUI DWI lawyers in NY will tell you that it is more important to use resources in prosecuting police officers who make obvious fabrications for stopping individuals thereby casing arrests on false probable cause, then arresting police officers for making their friends and families tickets “disappear”. These officers should be dealt with administratively with risk of suspension or losing their job.

Should I Go Tell My New York Criminal or DWI DUI Lawyers To Go To Trial With My Criminal or DWI DUI Case?

As New York City criminal attorneys and DWI DUI lawyers can tell you, people accused of a crime have different perspectives when they walk into our offices to retain our services. Most people who have been arrested and charged with a crime that retain our services as New York criminal attorneys and NY DWI DUI lawyers will tell us from the outset that they want us to do our best to dispose of their case in the best possible fashion, usually in one of the outcomes that we described when they hired us as NY criminal attorneys. Some of them will tell us that they are completely innocent of the charges and want a total dismissal of the case against them. Most of them want their New York criminal lawyers or NY DWI DUI attorneys to advise them what to do with their case. So the big question becomes when should your New York City criminal lawyers or DWI DUI attorneys advise you to go to trial on a case?

The answer that most criminal attorneys and DWI DUI lawyers will to you as to whether or not we should go to trial on a case is whenever it is necessary to try the case. Every time you decide to go to trial with a case it is a risk / reward analysis and the arrested client will know that the reward for winning the entire case is an acquittal of all the charges. But in most cases, the accused is charged with multiple charges covering different levels of culpability that determine what your exposure is for a criminal record and your punishment. That is why you need a DWI DUI criminal lawyer in New York to evaluate your case and decide what your risk is. If your chances of beating the top charges are high but the lessor included charges are low then you might be well advised to have a New York criminal lawyer seek a plea deal if it is a deal that would be to a charge that is less or equivalent to what you might have no chance in beating at trial and your punishment or sentence is more favorable than if you lost a trial. And of course if you’re able to have your New York City criminal attorney or DWI DUI lawyer negotiate a deal that will leave you with no record and of course no jail time even more reason or incentive to possibly dispose of your case. Obviously the best knowledgeable and experienced New York criminal lawyers or DUI DWI attorneys in New York City will attempt to have your case dismissed, whether on the merits or even on a procedural issue, which would be the best outcome for your case. Contact the Law Offices of Aaron Wallenstein to achieve the best possible results for your case, whether it is in Manhattan, Brooklyn, Queens, Bronx, Westchester, Richmond, Nassau, Rockland or Suffolk County or state or Federal court.

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