Image – Migir Ilganayev Attorney At Law

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.

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.

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.

Personal Injury

How Long Does It Take to Settle a Car Accident Case in New York?

admin Personal Injury June 12, 2023

As the founding attorney of Ilganayev Law Firm, PLLC, I’ve dealt with many car accident claims, and no two cases are the same. In every car accident case I worked on, clients always ask the same question: How long will it take to settle the case? In simple terms, several things can make your case take longer to settle. Sadly, there’s no magic number to tell you how long your case will take.

Understanding this, there are four main things that everyone should know to have a good idea of what delays or expedites a car accident claim:

Understanding No-Fault Insurance In New York:

In New York, we have what is called a no-fault insurance system. This means you must file a claim with your car insurance first. This no-fault insurance (or Personal Injury Protection – PIP) will cover some of your losses, like medical bills and lost wages. The exact amount depends on your policy.
When you file a no-fault insurance claim, the insurance folks have 15 days to ask for more information. Once they get this information, they have another 15 days to agree or disagree to pay you. In total, the no-fault insurance part can take up to 30 days.
If your costs go beyond what your no-fault insurance can cover, you can go after more money through a personal injury claim. In that case, you must file with your car insurance first, which can make the process longer.

Medical Treatments and Estimates:

The seriousness of your injuries can affect when you can start the legal process. After a car accident, getting medical attention immediately is important for your well-being and case. This helps you recover and provide proof of your injuries.
If your injuries are severe and require a lot of medical care, you may have to wait until you’re better to start legal action. This means that cases with serious injuries can take longer to settle. Some examples of serious injuries include cuts, brain injuries, spinal cord damage, loss of limbs, internal organ damage, broken bones, and concussions.
The reasons why you have to wait until you are better are (1) you should prioritize your health first always, and (2) it is crucial to include all your current and future medical costs in your claim. This means you should wait until you know the full extent of your injuries before filing a personal injury claim.

Insurance Company Cooperation:

Your insurance company’s cooperation can affect how fast or how slow your case settles. They can choose to:

Agree with your claim and pay you the amount you asked for; or
Make a counteroffer to your claim; or
Deny your claim and refuse to pay you.

If the insurance agrees immediately, your case will settle quickly, but this only happens sometimes. Insurance companies usually try to avoid paying a lot of money. With that said, they may make a lower offer, delay the claim, or refuse to pay.
If they make a counteroffer, you or your lawyer can negotiate for more money. Your lawyer might even have to take the case to court if they do not cooperate. Taking the case to court can make the case take even longer, as court cases can take up to two years to settle.

Getting a Lawyer –The sooner you get a good car accident lawyer, the quicker you should get your settlement:

Lawyers know the legal rules in New York and understand the tricks insurance companies use to delay claims. With that said, the sooner you talk to a lawyer about your case, the sooner they can start working on getting you the money you deserve for your injuries. At ILGANAYEV LAW FIRM PLLC, we are dedicated to making things easier for you and providing comprehensive legal representation. Contact us today to discuss your situation and find the justice you deserve.

Harassment & Discrimination

Understanding Your Workplace Rights Under NY and Federal Law

admin Harassment & Discrimination June 7, 2023

As a dedicated law firm committed to safeguarding individuals’ rights in the workplace, ILGANAYEV LAW FIRM PLLC is dedicated to advocating for the rights of employees in the workplace. In this blog post, we aim to provide valuable insights into workplace rights that every individual should be aware of. By understanding these rights, you can navigate your work environment with confidence and take appropriate action if necessary. ILGANAYEV LAW FIRM PLLC is here to assist you in safeguarding your rights and finding the justice you deserve.

Understanding Your Rights:

Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It is designed to ensure equal opportunities and a fair work environment for all employees.
New York State Human Rights Law: New York State law provides additional protections against discrimination and harassment in employment. It covers a broader range of protected classes, including age, sexual orientation, gender identity or expression, marital status, disability, and more.
New York City Human Rights Law: Employees working within the boundaries of New York City enjoy further protections under the local human rights law. This law extends the scope of protected characteristics and imposes stricter standards for addressing workplace discrimination and harassment.

Protecting Your Rights: If you believe your rights have been violated in the workplace, it is crucial to take prompt action.

Here are some steps you can consider:

Take Care of Yourself: Find your safe space whether it consists of your family, friends, or significant other. A support system is crucial for getting through this tough time.
Consult an Experienced Attorney: Seek legal advice from professionals like ILGANAYEV LAW FIRM PLLC, who specialize in employment law. Our team can assess your situation, guide you through the legal process, and ensure your rights are protected.
Preserve Evidence: It is vital to preserve all relevant documents, including the employee handbook, emails, physical records, and any other form of evidence that supports your claims. Failure to do so can have serious consequences and hinder your case.
Initiate Communication: Reach out to your employer, either directly (if you feel comfortable) or through legal representation, to express your concerns and discuss potential resolutions. In our case, we have given the employer a deadline to respond, highlighting the importance of initiating a meaningful dialogue.

Understanding your workplace rights is essential in ensuring a fair and equitable work environment. By staying informed and seeking professional legal advice when needed, you can protect your rights and take necessary action against any workplace violations. At ILGANAYEV LAW FIRM PLLC, we are dedicated to advocating for employees’ rights and providing comprehensive legal assistance. Contact us today to discuss your situation and find the justice you deserve.

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Defending a New York Domestic Violence Case