Steps to Take After a Workplace Injury

If you get injured at the place of your employment, there are certain immediate steps you need to take in order to get the workers’ compensation benefits that you deserve. Below is a list of items that your Fairfield County workers’ compensation attorney wants you to follow to protect your workers’ compensation rights.

–          Notify your employer of your injuries. If you fail to give immediate and proper notice to your employer regarding your injuries, your claim for workers’ compensation benefits may be denied.

–          Get medical treatment. You have a duty to mitigate your damages, and this includes getting medical treatment for the injuries you have suffered.

–          Promptly file your workers’ compensation claim. You should hire a Fairfield County workers’ compensation attorney to file your claim before the statute of limitations runs and you are barred from getting the benefits you deserve.

–          Never give a recorded statement to the insurance company. It is imperative that you do not give any recorded statements or sign any documents without first consulting with your attorney.

–          Tell your attorney when you are ready to return to work. This is very important because the insurance company will be entitled to reimbursement for overpayments of benefits.

Contact Us

If you or a loved one has been injured during the course of your employment, it is in your best interest to immediately contact Fairfield County workers’ compensation attorney Mitchell Baker at (914) 681-9500 to help you file your workers’ compensation claim.

An Overview of New York Workers’ Compensation Law

When you are injured on the job, you are entitled to workers’ compensation benefits. To make sure you properly file your claim and receive the maximum benefits to which you are entitled, you should first notify your employer and then immediately contact a Fairfield County workers’ compensation attorney.

The New York Workers’ Compensation Program

The New York workers’ compensation system was designed to provide workers who get injured at work with immediate medical treatment and wage replacement benefits until they are healed and can return to work. Neither the worker nor his Fairfield County workers’ compensation attorney needs to prove negligence on the part of the employer to be eligible for benefits. They simply need to prove that the injury occurred during the course of employment.

Workers’ Compensation Benefits

Workers’ compensation benefits do not provide a big compensation package that will make the claimant rich. Rather, it is simply designed to cover basic necessities, including:

–         Medical expenses

–          A portion of lost wages

–          Income following full or partial disability

But in order to make sure you qualify for these benefits, it is imperative that you immediately notify your employer of your injuries. Once you have properly notified your employer of your injuries, your attorney will assist you in filing a workers’ compensation claim.

Contact Us

For more information about your eligibility for workers’ compensation benefits, call (914) 681-9500 to schedule a complimentary consultation with Fairfield County workers’ compensation attorney Mitchell Baker.

Ineffective Assistance Counsel Claims

Losing your criminal case is a stressful and often scary experience, which only gets worse if you learn that your attorney at trial could have done more to represent you. If your trial attorney did not provide you with adequate representation, you may be able to overturn your conviction for ineffective assistance of counsel. A Fairfield County appeals attorney can help you fight your case on appeal.

What Constitutes Ineffective Assistance Of Counsel?

In New York, ineffective assistance of counsel means representation that falls below an objective standard of reasonableness. What is reasonable will be determined by looking at your case as a whole. This does not mean that your trial lawyer cannot have made any mistakes, but rather that his performance was so deficient that you were denied “meaningful representation.” A Fairfield County appeals attorney will help you determine if the errors in your case rise to this level.

If My Lawyer Was Ineffective, Will My Conviction Be Automatically Overturned?

Unfortunately, your conviction will not be overturned just because your lawyer was ineffective.  You will also need to show that were ultimately denied a fair trial. Unlike the Federal standard, this does not mean that you must show that “but for” your trial counsel’s mistakes, the outcome would have been different. However, if you received a fair trial despite your lawyer’s errors, your conviction will likely stand.

If you believe that you were denied a fair trial by the inadequate representation of your attorney, you should consider an appeal. Mitchell Baker is an experienced Fairfield County appeals attorney who is ready to help you with your case. Call 1-914-681-9500 for a complimentary consultation today.

Habeas Corpus Review

The criminal appeals process can be long and confusing for people not familiar with it. Just because you have exhausted all your appeals in state court does not mean that your case is finished. You can still petition a federal court for a writ of habeas corpus. If you have lost all of your state appeals, you should consider speaking with a Fairfield County appeals attorney about your remaining options.

Fairfield County appeals attorney

What Is A Writ Of Habeas Corpus?

A writ of habeas corpus is a legal order directing your release from prison because your detention is unlawful. Federal law gives any federal court the power to issue a writ upon a finding that, among other things, the prisoner is being held in violation of the United States constitution or upon clearly insufficient evidence. A common basis for reversal asserted in habeas petitions is that trial counsel was ineffective in its representation. The highest success rate among habeas petitioners is in death penalty cases, likely because those prisoners are represented by lawyers when filing their petitions.

With the passing of the Antiterrorism and Effective Death Penalty Act in 1996, claims that have already been brought in a previous habeas petition are thereafter barred from successive petitions. This means that before you file a petition, you should seriously consider consulting with an attorney to make sure you are filing the most effective claim possible. Mitchell Baker is an experienced Fairfield County appeals attorney who is ready to help you prepare your case.  Call 1-914-681-9500 for a free consultation today.

If You Waived Your Right to Appeal

It is common for a federal prosecutor to seek a plea agreement with the defendant and his attorney. The motivation underlying such a plea agreement may be that the court dockets are too full, or that an inadequate amount of evidence against the defendant exists. Generally some kind of sacrifice is expected in return for such an agreement, such as pleading to a lesser charge or possibly waiving the right to appeal. If, under the latter circumstance, a person wishes to appeal, a Fairfield County appeals attorney may be able to help.

Can an Appeal Be Made?

Fairfield County appeals attorney

When the right to appeal has been waived, one would expect that the coffin lid has been
shut and nailed tight on any chances of appealing the case in the future. While appealing a case that has been pleaded is an uphill battle, a Fairfield County appeals attorney may still be able to arrange an appeal hearing under certain circumstances:

  • The defendant did not knowingly and voluntarily agree to the plea agreement.
  • The sentence that was imposed does not correspond with that which was agreed upon in the plea agreement.
  • A procedural error in sentencing was made.
  • The sentence imposed is out of keeping with what is appropriate for such a conviction.

It should be noted that appealing a case when rights of appeal have been waived is more the exception than the rule. When one is considering a plea bargain, therefore, whether in federal or state court, it is vital that to consider all the ramifications of accepting it.

For Assistance

If you feel that a case for appeal exists in your conviction, speak with Fairfield County appeals attorney Mitchell Baker today. Call (914) 681-9500.

Appeal on a Civil Fraud Conviction

Civil fraud cases differ from criminal trials in that money damages are generally the remedy. This, of course, presupposes that the act of civil fraud in question did not lead to criminal charges. A Fairfield County appeals attorney will strategics an appeal to such a conviction with an eye on the specifics of the case.

Fairfield County appeals attorney

Acts of Civil Fraud

State civil codes provide remedies against individuals who violate good faith practices by making false representations or concealing important information. For instance, a person may be charged with civil fraud for willfully lying about a product he is selling. The act of fraud is predicated upon the defendant knowingly being deceptive, and with the intent that the plaintiff will act upon the deception to his own detriment.

Appealing Civil Fraud

The most likely challenge a Fairfield County appeals attorney will bring to a civil fraud conviction is to call into question whether the act did, in fact, occur in the first place. One argument can be that the defendant was merely stating an opinion. Another potential argument is that the plaintiff misunderstood the act or statement. If any of the necessary components of the act of fraud can be successfully struck down—that it was committed, that it was done knowingly, and that the intent was that the plaintiff act upon it—the appeal may be granted.

If you have been convicted of civil fraud, call Fairfield County appeals attorney Mitchell Baker to arrange a meeting. Call (914) 681-9500 today.

If You Need to Evict a Tenant

Tenant eviction is an unpleasant matter, but sometimes it becomes necessary if the occupier either fails to pay rent or abide by rules of the lease. If a landlord does not proceed with care and follow proper procedures, he may find himself in legal difficulties, so it is important to consult with a Fairfield County real estate lawyer if you plan to proceed with an eviction.

The Process

Fairfield County real estate lawyer

Your Fairfield County real estate lawyer can help you prepare the necessary legal documents and the process of eviction. New York law requires that you sue in court to evict the tenant.

Your lawyer will begin by preparing the petition to request a court hearing. This must be filed with the court and served on the tenant. For individuals who will be evicted for failure to pay rent, you will bring a summary non-payment in court. If the nature of the eviction is some violation of the lease agreement, you will bring a summary holdover against the tenant.

Once you win the case, the court will issue a Warrant of Eviction, which can only be carried out by an officer—the sheriff, constable, or marshal. If the tenant resists eviction, you are not allowed to remove his personal belongings or shut off essential services such as water or power to force him to do so. Leave the matter to the law.

Legal Implications for Failing to Follow the Process

Some landlords, perhaps out of frustration or ignorance of the law, attempt to forcibly remove tenants from a property. New York law provides tenants with certain rights and due process, however, and any such attempt can lead to civil and/or criminal penalties for the landlord.

Call for Legal Assistance

If you need assistance with an eviction or other legal matter, call a Fairfield County real estate lawyer today: Mitchell Baker can be reached at (914) 681-9500.

How the Appellate Process Works

The process of appeal is a complex and difficult matter for which an experienced and diligent Fairfield County appeals attorney is best suited. An individual who has been convicted at trial in this state automatically has a right to appeal, provided he acknowledged a desire to do so.

The Appeal

Fairfield County appeals attorney

The appellate process is comprised of three tiers, but only the first is automatic. In order for a verdict to be heard, however, the defendant and his Fairfield County appeals attorney must file a notice of appeal with the court clerk within 30 days of the sentencing date.

Appeals are brought on one of two grounds: issue of fact and issue of law:

  • Issue of Fact: An issue drawn from the facts of the case. Appeals are rarely brought/won on these grounds
  • Issue of Law: A matter of law, such as violation of the rules of evidence by the original judge

The Verdict

Once the appeal has been heard, it may either be granted or rejected. A win on appeal rarely results in a dismissal of the original case and charges. This normally will occur only if it is found that the case was founded on insufficient evidence. Rather, the defendant will be granted a new trial.

If the defendant loses, he and his Fairfield County appeals attorney may then appeal to the New York Court of Appeals. An appeal on this level, however, is not automatically granted. A loss at this level may in rare cases be appealed to the U.S. Supreme Court, but generally the highest court only hears cases that pertain to constitutional matters.

For Further Information

If you wish to appeal a conviction, it is vital that you have a strong Fairfield County appeals attorney in your corner. Time is of the essence, so call the Law Offices of Mitchell Baker for a consultation right away at 914-681-9500.

Understanding Your Civil Rights

What Is A Civil Right?

A Fairfield County civil rights attorney can assist you if an incident occurred where your civil rights were violated.  For many people, few things are more important than their civil rights.  However, frequently, confusion exists over what constitutes a civil rights violation.

Civil rights are those personal liberties that are protected by the United States Constitution.  A civil rights violation occurs when a government agent breaches a right guaranteed by the Constitution.

Fairfield County real estate attorney

 

Frequently Actionable Civil Rights

Many of the cases that a Fairfield County civil rights attorney handles involve 4th Amendment civil rights violations.  These include such things as unlawful arrests, uses of excessive force, and illegal searches by authorities.  An unlawful arrest occurs when an officer fails to have probable cause or a warrant for an arrest.  Excessive force incidents usually involve an arresting officer using more force than is necessary to detain or arrest someone. An illegal search may occur if the officer did not have consent to engage in the search, or secure a proper search warrant.

Also, it is not uncommon for a Fairfield County civil rights attorney to handle 8th Amendment violations.  The 8th Amendment protects you against cruel and unusual punishment.  The cases we pursue typically involve incidents that happen while a person is in jail.  For instance, when a prisoner is provided inadequate medical attention, or when some other harm to the person occurs because of an action or inaction by jail personnel.  These can be difficult cases to pursue as laws generously protect jail employees, and allow great latitude for them to make decisions.  However, if there is clear-cut evidence of an action or failure to act that resulted in major harm to the prisoner, then the recoverable damages on behalf of the prisoner can be substantial.

 

Things that Are Not Civil Rights Violations 

  • Actions or inactions that cause you harm by persons other than a government agent are not violations of your civil rights.
  • A reasonable mistake by a police officer will not be a civil rights violation.  If a cop honestly, but mistakenly, believed you were armed and used excessive force, there may not have been a violation.
  • Any actions that do not violate your constitutional rights are not civil rights violations.  Many actions or inactions may be actionable pursuant to state or federal statutes, but not based on the U.S. Constitution.
  • Harassment by police officers is not a violation of your civil rights.  The harassing actions may violate other laws, but not civil rights ones.  More likely you will have to pursue an action again the police department.
  • Inappropriate actions by police officers when they are off duty are not going to be civil rights violations.

You should consult a Fairfield County civil rights attorney to clarify whether the offending or harm causing action is actionable as a civil rights violation, or possibly pursuant to other laws.

 

We Can Help

If you are facing a civil rights matter or have questions, you should consult with a Fairfield County civil rights attorney immediately. To schedule a free consultation with Fairfield County civil rights attorney Mitchell Baker, please call (914) 681-9500.

Get Help When Facing Foreclosure or Fear of Losing Credit in Real Estate

Avoiding Foreclosure

An unprecedented number of Americans have found themselves in dire straits in these lean economic times; as a result, many have seen their homes plummet in value, while they retain high mortgages they can no longer afford. If you are facing foreclosure, a Fairfield County real estate attorney may be able to help you avoid loss of credit, and perhaps even keep your home.

Fairfield County real estate attorney

 

Loan Modification

A loan modification may be negotiated with your mortgage company in some cases. This in essence involves coming to an agreement to lower your monthly payment. A mortgage holder may be positively motivated to agree to a loan modification if they believe you will act in good faith to pay the new rate. The modification may be achieved in numerous ways, among them extending the term of the loan or reducing the interest rate.

For second mortgages, a lien strip may be possible as well. Your Fairfield County real estate attorney can assist you with this process, which is a form of bankruptcy. It is important to proceed with caution with lien strips, however.

 

Short Sale

Another option for you to consider is a short sale. You would not keep your home, but this may enable you to avoid destruction of your credit, and even perhaps a lawsuit for money that is still owed on the home. In a short sale, the lender agrees to sell the property at its current market value; this relieves you of any liability for the difference.

 

Call Us for Assistance

If you are unable to make your house payment and need legal assistance, call Fairfield County real estate attorney Mitchell Baker for a review of your situation today at (914) 681-9500.