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Introduction

Navigating life with a disability presents its own unique challenges, but discriminatory practices shouldn’t be one of them. That’s why laws like the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and the New York City Human Rights Law exist to protect your rights. At ILGANAYEV LAW FIRM, PLLC, we want you to be well-informed of these protections. If you feel that your rights as an individual with disabilities have been violated, we are here to fight for you.

What Constitutes Discrimination?

Discrimination can manifest in various forms and settings, particularly for individuals with disabilities. Here are some specific examples that illustrate discriminatory practices:

Lack of Entry for Wheelchair Users: Public places like restaurants or stores without ramps or elevators.
Non-Compliant Doors: Establishments with doors that violate ADA Section 404 guidelines, such as doors with high thresholds, inadequate maneuvering clearances, or non-operable handles for people with disabilities.
Inaccessible Bathrooms: Bars or restaurants with bathrooms that are not wheelchair-accessible, lack handrails, or have doors that are too narrow.
Limited Transportation Access: Public buses or trains without adequate facilities for people with mobility issues.
Informational Barriers: Lack of Braille or audio descriptions in public places, such as museums or service centers.
Exclusionary Policies: Gyms or recreational facilities that deny entry to individuals based on their disabilities.

These are just a few examples. Discrimination can also be subtler, such as failing to provide reasonable accommodations in the workplace, or not allowing service animals into public spaces.

The Americans With Disabilities Act (ADA)

Enacted on July 26, 1990, the ADA is a federal law designed to prevent discrimination against people with disabilities in various facets of public life including employment, public accommodation, and transportation.

Key Objectives of the ADA

Elimination of discrimination against individuals with disabilities.
Providing clear, strong, consistent, enforceable standards.
Using the power of Congress to address major areas of discrimination.

The Department of Justice has also formulated guidelines known as the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which could result in civil penalties up to $110,000 for the first violation and $150,000 for subsequent violations.

New York State Human Rights Law

The New York State Human Rights Law makes it unlawful for public accommodations to discriminate based on disability. This provides an added layer of protection beyond federal laws.

New York City Human Rights Law

Even more locally, the NYC Human Rights Law and the Local Civil Rights Restoration Act of 2005 offer stringent protections against discrimination. The Restoration Act also makes it abundantly clear that these laws should be construed liberally to favor the disabled to the fullest extent possible.

Attorney Fees — YOU DON’T HAVE TO PAY

Often, one of the barriers to seeking legal recourse is the fear of incurring hefty legal fees. Here at ILGANAYEV LAW FIRM, PLLC, we want to emphasize that you do not have to pay for attorney fees when it comes to cases of this nature. The ADA and the New York City Human Rights Law allow for reasonable attorney’s fees, costs, and expenses to be paid by the defendants.

Why Choose ILGANAYEV LAW FIRM, PLLC?

Expertise: Our team is highly experienced in ADA law, as well as state and city regulations.
No Cost to You: Remember, you do not have to pay attorney’s fees in cases of discrimination based on disability.
Client-Centric: As a boutique, client-focused firm, we place your needs and rights at the forefront of what we do.

Conclusion

Your rights to accessibility and equal treatment are protected by a robust legal framework. If you believe you have faced discrimination due to your disability, we urge you to contact us right away and let us fight for your rights.

For further queries or to schedule a consultation, please call us at 646.396.8050 or via email at ilganayevlaw@gmail.com and our attorneys will get back to you right away.

ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

Criminal Defendant, Criminal Defense, CriminalLaw, Domestic Violence, New York Criminal Attorney, New York Defense Attorney

Defending a New York Domestic Violence Case

admin Criminal Defendant, Criminal Defense, CriminalLaw, Domestic Violence, New York Criminal Attorney, New York Defense Attorney July 30, 2023

This blog post, including the hypothetical scenarios and any legal advice expressed, are meant solely for informational and educational purposes. They do not represent legal advice and shouldn’t be taken or relied upon as such. The information here is specific to the State of New York, as laws can greatly vary from state to state. Reading this post or using the information within does not create an attorney-client relationship.

Domestic violence is taken seriously by law enforcement and result in serious consequences if you are a suspect in this situation. While efforts to address and prevent domestic violence are crucial, it’s equally important to ensure that those accused of such crimes receive fair treatment and a robust defense. If you’re facing a domestic violence charge in New York, understanding your rights and seeking expert legal counsel, like our attorneys at Ilganayev Law Firm, PLLC, is vital to achieving a favorable outcome. This blog post aims to guide individuals facing New York domestic violence charges, helping you understand your entitlement to a fair trial and the steps that can protect your rights.

Understanding New York Domestic Violence Laws:

Defining Domestic Violence in New York:

Domestic Violence is a form of abuse caused by one partner in an intimate relationship to exert control over the other. This abuse may manifest in various forms, including sexual assault, physical abuse, emotional abuse, financial abuse, stalking, threats, and intimidation.

Assault and Related Offenses (New York Penal Code § 120.00):

Article 120 covers assault and related offenses, including but not limited to causing physical harm to another person negligently, intentionally, or with weapons. It also covers stalking that incites fear for personal safety.

Sex Offenses (New York Penal Code § 130.00):

Article 130 covers a range of sex offenses, including abuse and rape. In New York, domestic violence charges may be classified as misdemeanors or felonies, depending on the severity of the alleged offense and the defendant’s prior criminal history.

Why You Need a New York Domestic Violence Defense Attorney:

Facing domestic violence charges in New York can have severe repercussions, including imprisonment, restraining orders, fines, and mandatory participation in anger management or counseling programs. Additionally, a conviction can significantly impact family dynamics, child custody, employment opportunities, and social reputation.

Retaining an experienced New York domestic violence defense attorney, like those at Ilganayev Law Firm, PLLC, is crucial to ensure your rights are upheld throughout the legal process. We help you meticulously analyze your case’s details, challenge evidence, and develop a strong defense strategy tailored to your unique situation.

Understanding Your Domestic Violence Charges and Their Consequences in New York:

Your defense starts with understanding the specific charges under New York domestic violence laws. Your attorney will clarify the potential consequences you may face if convicted.

Preserving Evidence and Identifying Witnesses for Your Domestic Violence Case:

Gather any evidence that can support your defense, like text messages, emails, social media posts, photographs, or videos providing context to the events. Identify any witnesses who can testify on your behalf, offering a different perspective on the incident.

Complying with New York Orders of Protection:

In New York, courts may issue orders of protection, or restraining orders, to ensure the safety of alleged victims. Violating such orders can lead to additional charges and serious legal consequences.

Transparency with Your New York Domestic Violence Defense Attorney:

Open and honest communication with your attorney is critical for building a robust defense. Share all relevant information, even if you believe it may negatively impact your case.

In some instances, individuals may face false accusations of domestic violence due to personal vendettas, emotional disputes, or mistaken identity. Our attorneys will thoroughly investigate the accuser’s motives and gather evidence to refute false allegations.

If charged with domestic violence in New York, remember your right to a fair trial and legal representation. At Ilganayev Law Firm, PLLC, we stand with you at each stage of the legal process, from arraignment to trial, ensuring you understand your options and potential outcomes.

NY CANNABIS LAW

Legal Guide to New York’s Cannabis Law: Why You Need a Lawyer

admin NY CANNABIS LAW July 25, 2023

Hello weed enthusiasts and industry players! I am Migir ‘Meir’ Ilganayev, founder of Ilganayev Law Firm, PLLC. As you all know, after a long and much-anticipated wait, the legalization of cannabis in New York State is finally here. This exciting change opens up new possibilities in the cannabis industry. Over the years, I have had the privilege and opportunity to assist many a variety of businesses – including restaurants, nightclubs, and both commercial and residential landlords – in navigating their legal affairs and interfacing with city and state governments. More recently, I’ve immersed myself in the cannabis industry, helping numerous applicants apply for the much sought-after Conditional Adult-Use Retail Dispensary (CAURD) license. This unique license, specifically designed to benefit individuals affected by the past criminalization of cannabis (justices involved), provides a path to entry into New York’s burgeoning adult cannabis retail sector. We have assisted our client’s in the application process and continue to do so in the ongoing post application process, to ensure that our clients’ submissions are accurate, complete, and in compliance with all regulations.

Thanks to my firm’s hands-on approach and dedication, we’re proud to have helped several of our clients secure the first ever Conditional Adult-Use Retail Dispensary (CAURD) licenses in New York. This has given them a golden ticket into the fast growing legal cannabis market in NYS.

Navigating the new cannabis laws in New York can be challenging, but with a knowledgeable legal partner, you can ensure your business stays compliant and is ready for any challenges that may come your way.

Understanding the CAURD License

The introduction of the Conditional Adult-Use Retail Dispensary (CAURD) license is a significant event in the timeline of New York’s cannabis law. This license allows the first retail dispensaries for legal adult-use cannabis sales in the state, and it forms the bedrock of the future cannabis market. These businesses, mainly owned by justice-involved individuals, will lead the way in New York’s adult-use cannabis industry.

However, maintaining a Adult-Use Retail Dispensary license requires careful navigation through complex legal, operational, and compliance rules. Any missteps could result in negative consequences.

The Role of a Cannabis Lawyer

Whether you’re a budding entrepreneur aiming to obtain a CAURD license or an established dispensary looking to expand, the expertise of an experienced cannabis lawyer is indispensable. Here’s why:

Contractual Agreements: Contracts in the cannabis industry can be intricate and have major implications for your business. For instance, your agreement might stipulate arbitration instead of court trials for dispute resolution. Understanding the implications of such clauses is vital for your business. As a seasoned lawyer, I can ensure your contracts are sound and offer adequate protection for your interests.
Commercial Leases: Finding the right commercial space for dispensaries involves negotiating complex lease agreements. I can help in reviewing and negotiating these contracts, ensuring they align with your business goals and legal obligations.
Regulatory Compliance: As New York’s cannabis regulations continue to develop, it’s crucial for businesses to stay up-to-date and compliant. I can help interpret and implement these changes, thereby reducing the risk of potential legal issues.
Risk Management: I can provide advice on potential legal risks in the cannabis industry and recommend strategies to mitigate these risks. This includes concerns related to licensing, zoning, advertising, and more.
Dispute Resolution: In the event of any disputes, I can guide you through the resolution process, thus protecting your business and peace of mind.

Moreover, since the cannabis industry in New York is relatively new, every license holder is likely to be approached by many individuals and organizations with various offers and deals. In such situations, having an experienced lawyer to review these offers can ensure your rights and interests are protected.

Breaking into the cannabis industry in New York is an exciting prospect. However, it’s also crucial to establish a strong legal foundation for your business to ensure its future success and growth. Thus, retaining counsel is not a question but an absolute must. With a knowledgeable cannabis attorney like myself by your side, you can confidently navigate and seize the opportunities in New York’s emerging cannabis market.

ACD, Bail Law, Criminal Defense, Detective, Miranda Rights, New York Defense Attorney, Police Search

What Should You Do if a Detective Calls You?

admin ACD, Bail Law, Criminal Defense, Detective, Miranda Rights, New York Defense Attorney, Police Search July 10, 2023

The content provided in this blog post, including the hypothetical scenarios and any legal advice expressed, are intended for informational and educational purposes only. They do not constitute legal advice and should not be considered or relied upon as such. The information provided is specific to the State of New York, and laws can vary greatly from state to state. No attorney-client relationship is formed by reading this post or using the information provided herein.

Receiving a phone call from a detective can be an unnerving experience for anyone and you’re probably asking “what are my rights if a detective calls me in New York?” However, remaining calm and handling the situation appropriately is crucial to protect your rights and ensure a fair legal process. If you find yourself in such a situation in the State of New York, this blog post will guide you through the steps you should take when a detective contacts you with questions. Remember, seeking legal advice from a professional, like ILGANAYEV LAW FIRM PLLC, is always recommended to fully understand your rights and obligations.

First, it is important to understand why a detective is calling you. It is either that they think you are a suspect in the crime, have some involvement in the crime, or have some information regarding the crime and who is involved.

In order to avoid sharing any self-damaging information, please follow these steps:

1. Stay Calm and Composed:

Although this is easier said than done, avoid reacting impulsively and providing any immediate information. Take a deep breath, collect your thoughts, and prepare yourself how to best handle this situation.

2. Confirm the Detective’s Identity:

Politely ask the Detective for their full name, contact details, and what precinct they are calling from. The reality is people lie over the phone, and you want to make sure you are talking to the right authority figure. Moreover, keep in mind that detectives are allowed to legally lie to you to lure you into incriminating yourself or turning yourself in without even knowing you are turning yourself in.

3. Exercise Your Right to Remain Silent:

Do NOT willingly share information if a Detective calls you. Under the Fifth Amendment of the United States Constitution, you have the right to remain silent. You are not obligated to answer any questions asked by the Detective. If the Detective tells you that you must come down to the precinct, do NOT go without an attorney present. Politely inform them that you wish to exercise your right to remain silent until you have consulted with an experienced attorney, like our attorneys at Ilganayev Law Firm, PLLC, who will help you navigate the process and communicate with law enforcement on your behalf.

4. Avoid Making Statements or Providing Information:

It is crucial to refrain from making any statements or providing information to the Detective during the phone call. Anything you say can be AND WILL be used against you in the Court of law. Remember that even seemingly innocent or unrelated statements can be misconstrued or used against you later.

5. Consult an Attorney:

Upon receiving a call from a detective, you should immediately contact an experienced NYC criminal defense attorney. Explain the situation to them and seek their guidance and representation. An attorney will protect your rights, advise you on the best course of action, and communicate with law enforcement on your behalf. Remember to be completely honest with your attorney. Anything you tell your attorney is protected by attorney-client privilege, which ensures confidentiality and encourages full disclosure of relevant information for your defense.

6. Follow Your Attorney’s Advice:

Once you have secured legal representation, your attorney will analyze the situation and provide you with the best legal advice tailored to your specific circumstances. They will guide you on whether it is necessary to schedule a meeting with the Detective, how to handle any potential requests, or whether it is best to refrain from further communication. Your attorney is there to help and guide you, as they have your best interests in mind.

7. Be Mindful of Your Conduct:

Throughout the process, it is important to conduct yourself appropriately and respectfully. Avoid discussing the case with anyone other than your attorney, including family members or friends. Follow your attorney’s advice on how to handle inquiries from others, especially from law enforcement or the media.

When a detective contacts you with questions in New York State, it is crucial to handle the situation carefully to protect your rights. Remember to stay calm, exercise your right to remain silent, and seek legal representation immediately. At ILGANAYEV LAW FIRM, PLLC, we are dedicated to working closely with you so you can navigate the process effectively and ensure a fair and just outcome.

Bail Law, Criminal Defendant, Criminal Defense, Grand Larceny

Understanding Grand Larceny in New York:

admin Bail Law, Criminal Defendant, Criminal Defense, Grand Larceny June 23, 2023

Welcome to Ilganayev Law Firm PLLC’s blog page, where we dedicate ourselves to providing valuable insight into legal matters within the State of New York for your convenience. In this post, we will explore the intricacies of grand larceny, a prevalent white-collar felony offense prosecuted in New York City, encompasses various forms of illegal acquisition, including embezzlement, fraud, extortion, and theft, as outlined in sections 155.30, 155.35, 155.40, and 155.42 of the New York Penal Law.

Grand larceny is a serious offense under New York law, and comprehending its implications is essential for both potential offenders and victims. Join us as we delve into the key aspects of grand larceny and the legal consequences in New York.

Defining Grand Larceny under New York Law:

In simple terms, Grand larceny is a term used to describe the unlawful act of taking and carrying away someone else’s property without their permission, with the intention of permanently depriving them of that property. In New York, grand larceny is considered a felony offense, and the severity of the crime depends on the value of the stolen property.

Under current New York law (as of the knowledge cutoff date of this article), grand larceny is classified into different degrees, based on the following value thresholds:

Grand Larceny in the Fourth Degree [Class E Felony]: The value of the stolen property exceeds $1,000 but does not surpass $3,000. [NY Penal Code § 155.30(1)]

Grand Larceny in the Third Degree [Class D Felony]: The value of the stolen property exceeds $3,000 but does not surpass $50,000 (e.g., Jewelry). [NY Penal Code 155.35]

Another example of this would be the stolen property of an automated teller machine (ATM) or its contents. [NY Penal Code § 155.43]

Grand Larceny in the Second Degree [Class C Felony]: The value of the stolen property exceeds $50,000 but does not surpass $1 million. [NY Penal Code 155.40(1)]

Examples include: stolen property obtained through extortion; stolen property is a public record held by a public office or servant; or property stolen includes one or more firearms.

Grand Larceny in the First Degree [Class B Felony]: The value of the stolen property exceeds $1 million. [NY Penal Code 155.42]

To illustrate the concept of grand larceny, let’s consider the scenario of stealing a Rolex Submariner, a highly valuable and sought-after item. In New York, this would be a third degree, class D Felony because it exceeds $3,000 but does not surpass $50,000. Understanding this, the degree of grand larceny charge primarily hinges on the value of the item, in this case a stolen watch, each carrying its own set of legal consequences under New York law.

Consequences of Grand Larceny in New York:

Being convicted of grand larceny in New York can lead to severe penalties, including:

Incarceration: The duration of imprisonment depends on the degree of grand larceny and can range from several months to several years.
Monetary fines: The court may impose substantial fines, the amount of which increases with the value of the stolen property.
Restitution: Defendants may be required to compensate the victim for the value of the stolen property or its replacement.
Criminal record: A grand larceny conviction results in a permanent criminal record, which can have detrimental effects on employment prospects, housing opportunities, and personal reputation.

Legal Defense Strategies:

If you or someone you know is facing grand larceny charges in New York, consult with an experienced criminal defense attorney immediately. At Ilganayev Law Firm, PLLC, we provide valuable guidance and employ effective defense strategies, including:

Challenging intent evidence: The prosecution must establish that you intended to permanently deprive the owner of the stolen property. Your attorney can scrutinize the evidence presented to dispute the presence of intent.
Establishing ownership or consent: If you can demonstrate rightful ownership or provide evidence of consent from the owner, it may weaken the prosecution’s case against you.
Negotiating a plea bargain: In certain situations, your attorney may negotiate for a lower sentence, fine, or offense depending on whether you are a first-time or repeat offender. For first-time offenders, there are potential alternatives to incarceration in cases of grand larceny, such as probation, community service, fines, and conditional discharges, provided that the judge is inclined to offer such sentences. However, if the judge does not opt for these alternatives, the consequence may involve being turned over to corrections officers and serving time in either a city jail or state prison.

Contact us today to discuss your situation and find the best possible outcome!

ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

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646-396-8050

Navigating ADA and NY Discrimination Laws