Western New York Semi-Truck Accident Attorney

When you need someone to stand up for you  after a semi-truck or 18 wheeler accident, call us.  A good lawyer can make the difference between getting the benefits you need and getting a settlement that does not meet your needs.
With many of personal injury experience, J John Sebastian can confidently handle your claim. Our lawyers are committed to helping semi truck and 18-wheeler plaintiffs, and their families, recover max benefits. We will help you know  what to do after an accident, what benefits you may be entitled to and how we can help you and your family obtain those benefits.

 Investigations for Semi Truck Accidents

J John Sebastian will thoroughly investigate and review  all motor vehicle accident claims in order to understand what happened, and was at fault for the accident. Truck drivers are under tremendous pressure to be  on time.Many semi-truck accidents are a result of driver fatigue. Truck accidents may result in serious and catastrophic injuries, including:

• Broken bones
• Traumatic brain injuries
• Severe burns
• Paralysis
• Permanent disability
• Wrongful death

We will review log books, computer info, accident reports and other evidence to see precisely who was negligent in your accident. We will also evaluate t your injuries to see what level of compensation is necessary, especially if those injuries require continuing medical care. We will assess all areas of liability and work hard to hold all appropriate parties responsible

Buffalo NY Area Resisting Arrest Attorney

Resisting Arrest What sometimes can start  out  as  a violation of Disorderly Conduct (NY  PL 240.20), can result  in the police taking you into custody for  Resisting Arrest pursuant to New York Penal Law 205.30. Whether you are  in Buffalo or the outlying townships like Amherst, Cheektowaga, or Tonawanda  you now  find yourself charged with a misdemeanor and in need of a Buffalo Area criminal defense attorney.
While often a legitimate charge by the police for  fights  during an arrest procedure, the crime of Resisting Arrest also enables  law enforcement to charge  you with an offense punishable by up to one year  in jail for something that is minor  and truly “non criminal.”  According to the law of Resisting Arrest in New York State , if you prevent or  attempt to prevent a police officer from placing you under arrest where  he or she is authorized to do so you are guilty of an “A” misdemeanor.
If you swing your arms or hold them  up so that you cannot be handcuffed, that will probably   establish resisting arrest.  Certainly, thefacts of every case are different  , but if someone  intentionally  tries to stop the police from making  an authorized arrest it is  likely they  will face this charge. If convicted as an adult, this crime  will permanently remain on your record.
It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your Buffalo Area criminal defense lawyer before considering accepting any deal.

What Does Car Accident Injury Compensation Cover ?

New York State  Injury Victims’ Rights
What does car accident injury compensation cover ? How do I pay  for my medical bills? Is there a way to get the at-fault party to pay  for my future medical bills and my pain and suffering? These are all  good  and important legal questions after a Western New York  car accident. 
While each case is unique and should be evaluated by an  experienced personal injury attorney who can help you understand your rights to  compensation, injury compensation is generally available for:

• Past, present and future medical bills: compensation generally includes reimbursement for past and  present medical bills stemming from the accident, as well as future  medical bills. If you or your doctor anticipates that you will need  additional surgeries, medical treatment or rehabilitative care, your  personal injury attorney will likely factor that into your future  medical expenses. 
• Lost wages: Another area of car accident  compensation is usually lost wages. If you missed work because of  injuries, you may be entitled to those wages as part of your car  accident compensation. 

After a car accident, it’s best to sit down with an experienced  attorney to understand the car accident compensation you may be entitled  to Call J John Sebastian Attorney at Law

Genesee County Court

Genesee County is a mostly rural area between Buffalo and Rochester NY. Its main business district is Batavia.

JUDGES

Honorable Robert C. Noonan

PROSECUTOR

Genesee County District Attorney, Lawrence Friedman

TYPE OF CASES

Felonies, Criminal, some civil cases

Genesee County Court

I was injured on someone else’s property. What Can I Do?

Most , property owners, including entities such as the city and state, are responsible for injuries that occur as a result of a dangerous or hazardous condition that exists on their property, which the owner either knew or should have known about. The hazard can  be obvious (such as ice on steps) or hidden (such as a hole in a lawn that is partially covered by grass). In some cases it may not be apparent, as in flooring that appears normal but is very waxy and slippery. The dangerous condition could be permanent, such as broken concrete  or temporary, such as a slippery spill in a market aisle.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to  the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.

Seeking Compensation for the Victims of Reckless Truck Drivers

Anyone who drives recklessly is putting others people at serious risk for injury, but when the driver of a truck is reckless, the results can be particularly grave. Every year, many avoidable truck accidents are caused by reckless and wanton  behavior such as the following:

• Unsafe Speeds  Because trucks are so large and difficult to handle, it is especially important that they follow the speed limit, if not slower. Trucks  being driven over the speed limit, especially on busy city expressways, create a grave  risk for accidents.
• Following to close or Tailgating: Trucks need much more time and space to stop than smaller vehicles and must therefore drive  farther behind the cars in front of them. When a truck is tailgating a car and the car brakes or slow down suddenly, the results can be devastating
• Other aggressive driving: In general, truck drivers need to constantly be aware that they are driving much more heavier and dangerous  vehicles than most other drivers on the road. Any display of road rage on their part  can have deadly consequences.

If you have been injured or have lost someone close to you in a truck accident, J John Sebastian  will carefully investigate the facts of your case so he can identify who was responsible and pursue the payment you deserve. Let us put our experience and passion to work for you.
Call Us for a Free Consult...716-362-1146

Why do Innocent People Confess to Crimes?

KANSAS CITY, Mo. — Eddie Lowery lost 10 years of his life for a crime he did not commit. There was no physical evidence at his trial for rape, but one overwhelming factor put him away: he confessed.

Fascinating Story....

http://www.nytimes.com/2010/09/14/us/14confess.html?_r=3&hp;&

www.jjohnsebastianattorney.com

Lockport City Court

In our series highlighting local criminal courts, we focus on Lockport City Court. Lockport City Court has jurisdiction over both civil and criminal cases originating within  the City of Lockport . In the category of criminal law, the Lockport City Court part hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.
Lockport City Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
Street Address:1 Locks Plaza, Lockport, NY 14094

Judge Thomas M. DiMillo, Judge William J. Watson

Prosecutor

Niagara County DA office.

Experience Matters when making Wrongful Death Claims

• Airplane Accidents
• Auto Accidents
• Bicycle Accidents
• Construction Accidents
• Dog Mauling
• Motorcycle Accidents
• Pedestrian Accidents
• Premises Liability
• SUV Rollover Accidents
• Truck Accidents

We work hard to recover the money families need following a wrongful death;  we have the expertise and resources to assemble necessary records and documentation, work with accident reconstruction experts and investigators, and build a strong claim for you. J John Sebastian is prepared to see your wrongful death case through to the end to get you and your family the compensation you deserve.

Who Can Collect Wrongful Death Damages

Spouses, children and parents of wrongful death victims may be eligible to recover damages. Under New York  law, family members can collect economic damages for medical and funeral expenses, as well as non-economic damages for loss of companionship of the family member and emotional suffering.

Long after a fatal accident, families feel the loss of a loved one who died because of the negligence or acts of others. J John Sebastian is  cognizant of the pain felt by survivors and offer compassionate representation in wrongful death litigation.

In seeking to recover wrongful death compensation for survivors,J John Sebastian will  meet personally with families to learn as much as they can about loved ones and what their loss means to surviving members of the family. We represent clients throughout the Buffalo area.

If you have lost a loved one due to someone else’s negligence or wrongdoing call a Buffalo Area wrongful death lawyer immediately to schedule a free no obligation consultation.

Felony vs. Misdemeanor

MISDEMEANOR CHARGES are considered less serious offenses than felonies and are usually punished using monetary fines versus incarceration. FELONIES are considered a serious offense and are usually punished with jail time, as well as, fines. Classifications for felonies and misdemeanors are based upon the old adage that the punishment should fit the crime. Misdemeanors are those “lesser” crimes from which jail time would be equal to less than a year, and felonies are crimes of “high seriousness” for which jail time exceeds a year.

Both FELONIES and MISDEMEANORS are considered criminal offenses. Many people misunderstand the impact of having even a misdemeanor on your record. Certainly, having a felony violation closes financial and employment doors in your future, but the facts are that if you have been charged and convicted of a criminal offense of any kind it will go on your permanent criminal record and can be seen by employers in the future and used as evaluation criteria for future employment.

  J John Sebastian Attorney at Law is  here to help you through the criminal process.  If you have been accused of a felony or misdemeanor then you need to enlist the services of a criminal defense lawyer. www.buffalocriminalatttorney.iconosites.com

DWI and DWAI in New York

DWI and DWAI are two of the most common charged offenses in New York State affecting teens, baby-boomers, blue and white collar workers. The consequences of a DWI or DWAI conviction are severe  and can range from a low fine and temporary driving suspension to extensive fines, a license revocation and jail time.
Recently enacted DWI and DWAI statutes can be hard to understand , it is important for any individual charged with one of these offenses to consult the services of an experienced Buffalo area criminal defense attorney  to navigate through the maze of statutes that cause these individuals to be subjected to such things as license suspension for refusing to take a chemical test, mandatory screening for substance abuse, treatment programs and potential probation or jail time.
In New York, the statutory blood alcohol content limit is .08%.  Studies show that depending on your health, height and weight, that level is easily achieved with just a few drinks.  Further, it is important to note that DWAI and DWI charges stem from a person's "operation" of a motor vehicle. Operation may be demonstrated by simply being observed sitting in the driver's seat with the keys in the ignition.
In these situations, it is important to retain the services of a skilled  criminal defense attorney  to ascertain the strength of the charges, the ability to challenge a breathalyzer test or chemical test, and the reason for the stop by the police.
Future articles will focus on the different elements of the DWI or DWAI arrest

Pattern Jury Language/Battling Police Embellishment/DWI Trial

Your client is charged with violating section 1192(3) of the NY Vehicle and Traffic Law. known in some places as a:DWI refusal" or a "common Law DWI"; albeit there is no chemical test, and the evidence will boil down to police observations to prove intoxication.
Assume for purposes of this article that our client has a prior (usually the case in refusals) so there is no offer. Lets assume further that our judge seems unsympathetic to our client's cause and the likelihood of an 1192(1) judgement after a bench trial are slim. So, onward we march to a jury trial of the matter.
1. Consult The NYS Criminal Pattern Jury Instruction(PJI) Manual
The first and most important step in trying this case is to consult the NYS PJI 1192 (3) VTL, specifically let's look at the relevant PJI definition of "intoxication",
A person is in an INTOXICATED condition when such person has consumed alcohol to the extent that he or she is incapable, to a substantial extent, of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.(emphasis added)
2. Incorporate Key Buzzwords Into Your Cross
"Physical and mental abilities... ." are the buzzwords you will be incorporating into your cross of the arresting officer.
Let's assume the usual direct testimony from the arresting officer, wherein he gives all the standard indicia of intoxication: swerving, bloodshot eyes, alcohol on the breath, unsteady on his feet, failed all the FSTs miserably.
Your cross examination follows:
You: Sir you observed Johnny drive past you, Yes?
Cop: Yes
You: You pulled out after him, True?
Cop: Yes
You: You activated your overheads, Correct?
Cop: Yes
You: and Johnny pulled over, Yes?
Cop: Yes
You: So at that point he had the mental ability to recognize you were stopping him,Correct Sir?
Cop; Yes
You: And the physical ability to pull the vehicle over, Yes?
Cop: Yes
You: You approached Johnny's vehicle?
Cop: Yes
You: And requested him to produce license and registration, Correct?
Cop: Yes
You: So he had the mental ability to understand that request, Correct Sir?
Cop: I guess...
You: That's a Yes?
Cop: Yes
You: And he had the physical ability to find produce and hand you those documents, Isn't that true as well??
Cop: well NO, it took him a long time to find them and he kept dropping his license...
What just happened? 'And it was going so well!' you think to yourself. Now what do I do?
Don't despair. What just happened is that our arresting officer just deviated from our script and is heading down the dark and lonely road of embellishing his observations of intoxication.
It is a dark and lonely road because you always follow the cardinal rule of cross; 'never ask a question you don't know the answer to'. In reality, that rule should be 'never ask a question you don't know what the answer to should be'.
3. Negative Impeachment of an Embellishing Police Witness
Continuing our sample cross:
You: So your testimony NOW is that it took 'a long time' for him to find his documents?
Cop: Yes
You: And that he 'kept dropping his license'?
Cop: Yes Sir, he did.
You: I see.
You: Sir, you have training in how to complete the necessary documents pursuant to a DWI arrest correct?
Cop: Yes I do.
You: In fact you were trained at the police academy on how complete the necessary documents Yes?
Cop: Yes
You: Did they train you to be accurate?
Cop: Yes
You Did they train you to be complete?
Cop: Yes,
You: Did they train you to be honest?
Cop: They did.
You: I'm handing you whats been marked State Exhibit A for ID purposes do you recognize it Sir?
Cop: Yes
You: What is it?
Cop: It is the arrest report I prepared for this case.
You: And you completed that over a year and a half ago Yes?
Cop: Yes
You: Contemporaneously with the events of the night in question correct?
Cop:Yes
You: And at the time you prepared it you were trying to be accurate?
Cop: Yes.
You: You were trying to be complete?
Cop: Yes
You: And You were trying to be honest?
Cop: Of course.
You: So that's a Yes?
Cop: Yes
You: Can you please tell the jury where in that arrest report it says that Johnny took a long time to produce his license and registration?
Cop: It doesn't say it anywhere.
You: I see. And would you please indicate where in the arrest report it states he kept dropping his license.
Cop: It does not say that either.
You can repeat this process again with his field notes, the misdemeanor information itself or his grand jury testimony (if the case is a felony) to really pound your point home.
4. Completing The Buzzword Cross
When you go back to your physical and mental capability line of questioning, the officer is not likely to embellish again, but if he does, be grateful, and just repeat your negative impeachment steps
In addition, point out through your cross exam the physical ability to operate at a safe speed, safely park the car, exit the car, stand in the roadway, walk without assistance, and walk while handcuffed behind his back. Of course you will incorporate each physical task into your cross as the facts of the case allow.
Point out through you cross exam the mental ability to follow instructions, comply with orders, give pedigree info, dial a phone, and carry on a conversation. Again look at the facts and take what they give you.
5. Summation
In your summation you will remind the jury that the law is not 'gasoline and alcohol don't mix'.(Initially talked about in voir dire and opening)
The law is whether Johnny had the physical and mental capabilities to safely operate the motor vehicle on the night in question. And then reiterate all of the evidence to support that he did.
If you follow these techniques of incorporating the key buzzwords of the PJI into your case through cross of the arresting officer, and using negative impeachment to battle embellishment, you should be returning NOT GUILTY verdicts on a regular basis with these types of cases.

http://jjohnsebastianattorney.iconosites.com/

Article Source: http://EzineArticles.com/?expert=J._John_Sebastian

Buffalo Area Pedestrian Accident Attorney

Usually , walking is a very  safe and healthy way to get around. We walk from our house  to our cars. We walk through stores while food shopping . We walk to the train  or bus coming or going to work. We walk within our own apartments . Walking is a common and routine event for most people. Especially in the city of Buffalo, walking provides an easy means of travel t when the distance is not too.. Whatever the case, we are walking  a great deal of the time.
When we are on foot we are whats called  a pedestrian. As a pedestrian, the law provides protections when we are injured due to the  negligence of another person or party. When this happens, this is known  as a “pedestrian accident.” A pedestrian accident may occur anywhere someone is walking or standing: in a store, coming down a flight of stairs, crossing the street, walking down the sidewalk, or even merely standing still.

 Some common pedestrian accidents include:

• Tripping on a defective sidewalk
• Tripping on a pothole
• Tripping on a broken curb
• Tripping on an object left in the path of pedestrians (such as an item left on the floor within an aisle of a store)
• Tripping on torn or buckled carpet
• Slipping on ice or snow
• Slipping on an overly waxey floor
• Slipping on a substance (such as a liquid or even fruit or vegetables)
• Being hit or struck by a car, bus, or truck
• Being hit by a falling object
• Falling due to a defective banister or railing

What are your rights?

If you or a loved one has been injured in a Buffalo Area pedestrian-related accident that was caused by the carelessness of another party you are entitled to assert a civil claim to compensate  your damages for pain and suffering, medical expenses incurred as a result of the accident, and lost income. In the case of a fatal accident, tthe estate  may assert a wrongful death claim and/or a survival action for the decedent’s conscious pain and suffering.

Contact J John Sebastian  Attorney for a free consult 716-362-1146

Buffalo Area Petty Larceny Lawyer

If you have been charged with any type of theft related crime, hiring an experienced criminal defense attorney is essential for a successful outcome.  J.John Sebastian defends clients who have been charged with:

• Petit Larceny and Shoplifting
• Grand Larceny
• Grand Theft Auto/Unauthorized Use of a Motor Vehicle
• Burglary
• Criminal Mischief
• Possession of Stolen Property
• All other theft charges

The consequences of suffering a theft conviction can stay with you for life.   Some theft related crimes can be predicate offenses  meaning a conviction can cause future felony sentences to be enhanced  for future felony convictions. 

Many alternatives exist for people charged with theft crimes, which may prevent them from suffering convictions or serving any jail time.   For those charged with a more serious theft related charge, it may be possible to convince the District Attorney to reduce the charges to less serious ones.  Only an experienced criminal attorney can accurately assess your case and advise you what options exist.  Call the Law Office of J. John Sebastian today for a free consultation.
 http://buffalocriminalattorney.iconosites.com/

Helping Clients Accused of Driving With a Suspended or Revoked License

As a Buffalo area criminal defense lawyer, I've been helping clients resolve their legal issues for many years. If you've been charged  for driving with a suspended or revoked license, I can help you navigate the court's legal process and mitigate the outcome of your case
There are many legal issues to explore, including:

• While you were driving, were you aware that your license had been suspended or revoked?
• Can the district attorney prove you knew that your license was suspended or revoked?
• Were you driving for a court- or DMV-approved reason related to work or medical treatment?
• Had your driving privileges actually been restored?

Contact me online for a free consult

Buffalo Area Arrest Attorney

Scenario: You find a business card taped to your front door. . Printed on the front is the acronym "BPD", a detective's name and phone number. Handwritten on the back is: "Important. Please call." If you don't call an arrest lawyer immediately, you will have waited too long.
A  week later, someone calls you. The caller's ID is blocked. You answer the phone. It's the detective who left the business card on your door. He wants you to come down to the station, to talk. "When's a good time?" he asks,
What should you do?
Simply  write down the detective's name and telephone number. Then say, "My attorney will contact you." Say this even if you don't have an arrest lawyer.
Don't say anything else. Not even "Goodbye." Hang up the phone. Then, immediately contact an arrest attorney preferably a criminal defense attorney in the Buffalo area- preferably the best criminal defense lawyer you can find.
And if there is  next time, contact a lawyer as soon as you pick  the detective's business card from your door; don't wait until you get the phone call.
If you learn that the police want to question you or arrest you, contact J John Sebastian immediately. In the meantime, don't speak with the police; . When we meet, I will explain, fully why you should never ever speak with police or law enforcement.

Buffalo Area Arraignment Lawyer

Arraignment is the initial step in a criminal proceeding.  At this stage a defendant will be brought before a judge and will enter a plea  not guilty to the charge. Sometimes  the district attorney DA will offer a plea . You should only  discuss the consequences of accepting such an offer with an experienced criminal defense attorney, as it is very difficult to withdraw such a plea and the consequences can be grave.

If you do not accept a plea bargain at arraignment, the judge will determine if bail should be set or ROR>   The court will take into account many factors, such as the severity of the alleged crime, criminal record and whether the individual poses a flight risk.  You will want  an experienced attorney to argue on your behalf to fight for your release or at the least argue for lower bail.   

Also there  may be other issues also discussed at arraignment; such as temporary orders of protection, license revocation, or pre-trial release to probation.  

If you are charged with a felony , your case may be referred to the Grand Jury to determine whether probable cause exists to pursue your case further.  The Grand Jury meets in secret and will hear evidence from the prosecution.  You also have the right to testify before the Grand Jury.  However, most defendants choose not to do so.  One of our experienced criminal defense attorneys will help you decide what to do in this situation.  If the Grand Jury decides there is sufficient evidence for your case to proceed to trial, they will issue an indictment, and your case will be scheduled for further court dates.

Genesee County Court

Genesee County is a mostly rural area between Buffalo and Rochester NY. Its main business district is Batavia.

JUDGES

Honorable Robert C. Noonan

PROSECUTOR

Genesee County District Attorney, Lawrence Friedman

TYPE OF CASES

Felonies, Criminal, some civil cases

Genesee County Court
1 West Main Street, Batavia, NY 14020

Buffalo Area Arson Defense Attorney J John Sebastian

A Buffalo  Arson attorney explains the New York State Arson law, the 5 different levels of Criminal Arson charges and affirmative defenses to Arson.
The common definition of Arson is setting fire to a building or property without having the owner's consent. In New York, any Arson attorney will tell you that this definition has been broken down further to separate between the different types of fires that can be set, the type of property that is set on fire and the risk of injury to people from such fires.
Moreover, the Western New York offices of the District Attorney as well as Western NY area Judges have exhibited a very low tolerance for defendants charged with Arson. The reason is the dangerous nature of a fire in so far as how it can spread and the  damage that can be caused to both people and property. That is why it's important for a defendant to have a Buffalo Area Criminal Attorney who has experience in handling Arson cases. An experienced New York Arson Lawyer can limit your exposure in the event of an unintended consequence of a fire that has been started and has gone out of control.
When you face the criminal charge of Arson, you need a Buffalo Criminal Attorney who will stand by you and fight for your rights

Seeking Compensation for the Victims of Reckless Truck Drivers

Anyone who drives recklessly is putting others people at serious risk for injury, but when the driver of a truck is reckless, the results can be particularly grave. Every year, many avoidable truck accidents are caused by reckless and wanton  behavior such as the following:

• Unsafe Speeds  Because trucks are so large and difficult to handle, it is especially important that they follow the speed limit, if not slower. Trucks  being driven over the speed limit, especially on busy city expressways, create a grave  risk for accidents.
• Following to close or Tailgating: Trucks need much more time and space to stop than smaller vehicles and must therefore drive  farther behind the cars in front of them. When a truck is tailgating a car and the car brakes or slow down suddenly, the results can be devastating
• Other aggressive driving: In general, truck drivers need to constantly be aware that they are driving much more heavier and dangerous  vehicles than most other drivers on the road. Any display of road rage on their part  can have deadly consequences.

If you have been injured or have lost someone close to you in a truck accident, J John Sebastian  will carefully investigate the facts of your case so he can identify who was responsible and pursue the payment you deserve. Let us put our experience and passion to work for you.
Call Us for a Free Consult...716-362-1146

Lackawanna City Court

In our series highlighting local criminal courts, we focus on Lackawanna City Court. Lackawanna City Court has jurisdiction over both civil and criminal cases originating within  the City of Lackawanna  . In the category of criminal law, the Lackawanna City Court part hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.
Lackawanna City Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
Street Address:714 Ridge Road, Lackawanna, NY 14218

 Hon. Frederic Marrano&Hon.; Louis Violanti.

Lockport City Court

In our series highlighting local criminal courts, we focus on Lockport City Court. Lockport City Court has jurisdiction over both civil and criminal cases originating within  the City of Lockport . In the category of criminal law, the Lockport City Court part hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases. Lockport City Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
Street Address:1 Locks Plaza, Lockport, NY 14094

Judge Thomas M. DiMillo, Judge William J. Watson

Niagara County DA's office is the prosecutor at Lockport City Court.

Lewiston Town Court

In our series highlighting local criminal courts, we focus on Lewiston Town Court The Lewiston Town Court has jurisdiction over both civil and criminal cases originating within the Town of Lewiston . In the category of criminal law, the Lewiston Town Court part hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.

Lewiston Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.

Lewiston Town Court is located  1375 Ridge Road, Lewiston, NY 14092

Cheektowaga Town Court

In the first of our series highlighting local criminal courts, we focus on Cheektowaga Town Court The Cheektowaga Town Court has jurisdiction over both civil and criminal cases originating within the Town of Cheektowaga . In the category of criminal law, the Cheektowaga Town Courtpart hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.

Cheektowaga Town Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.

Cheektowaga Town Court is located at 3223 Union Road Cheektowaga, NY 14227. The Court Offices may be reached at  (716) 686-3462

Buffalo Club Drugs & the Law

“Club drugs” are known as the main drugs that are found in late-night Buffalo area clubs and bars.  These powerful drugs contain mixtures of chemicals that are unregulated by the government and therefore lack  quality.  These drugs can lead to  overdoses, or even death.  Legally speaking, drugs such as LSD, MDMA (ecstasy), GHB, Ketamine (Special K), Rohypnol (Rophies), and Methamphetamine (speed), all carry grave consequences if you are arrested for possessing or selling them.

I just have a few pills—that can’t get me into trouble!
Think again.  Just possessing one tablet of speed or special K or ectasy can get you charged with Criminal Possession of a Controlled Substance, a misdemeanor that can land you in jail.  Even trying to sell or trade a single tablet of ecstasy could get you  a felony.  Possession of club drugs can cost you thousands in court fines and years in jail time—they are very  serious.

I think I might have a drug addiction—what should  I do?
Club drugs can be very addicting.  If you are arrested for possession of one of the many club drugs, there might be an option of attending a drug  court.  This option may only be available for first-time offenders and those possessing only a small quantitiesof the drug.  It is important to work with a criminal defense lawyer that can help determine whether you would be eligible for this alternative.

Do I really need to get a lawyer?
Yes, absolutely!  Whether you plan on pleading guilty or taking it all the way to trial, an experienced criminal defense lawyer can help advise you of your rights.

As with any arrest, having experienced legal representation can make a huge difference as to  your sentence is and whether you even need to go to trial.  .

Need help?  Have questions?  Call J John Sebastian Attorney at Law today.
 http://buffalocriminalattorney.iconosites.com/

Buffalo Area Town and Justice Court Appeals Lawyer

The importance of a misdemeanor or violation appeal can sometimes be underestimated. Do not be lulled into thinking that the only bad result  you might face are the penalties that the court sets.   Many times the consequences of a misdemeanor or traffic conviction outside the criminal justice system are worse  than those that any judge will impose upon you.  The consequences might include a suspension of your license (driver’s license or any other type of license), loss of  your job, or difficulty finding a job.

Filing a timely appeal of a misdemeanor or traffic  conviction from a Town or Justice court is paramount.  J John Sebastian understands that your misdemeanor or traffic appeal may not be the biggest case in the courts , but it is certainly the biggest case in YOUR world , and he will fight to point out errors that may have caused an unjust conviction.

The Town and Justice courts in NY State are known for not always following the law and committing many errors of law and are often reversed by the higher courts.  Many of the town justices have no legal training and are not even attorneys themselves!

Contact J John Sebastian if you feel you have been wrongly convicted in a Town or Justice Court in NY State.

What is a "Whiplash" Injury?

Whiplash is a very ccommon injury sometimes caused by a car  accident, trucking accident, or any vehicle crash.. When the head and neck are jolted violently to the front and back, the result can be a case of severe whiplash.
The ligaments, tendons, and discs in the neck become strained, causing  pain shooting through your shoulders and down your arms. These shooting, or "radicular" pains can be evidence of a serious disc injury in your cervical spine. It is important to seeek medical attention immediately if you suspect you have whiplash from an accident.
Insurance claims adjusters usually do not take whiplash injuries  seriously, at least not until an experienced neck injury attorney files a claim on your behalf. Adjusters just seem to feel that whiplash is a minor injury that will always resolve itself with time.
That just isn't  reality. You can suffer a bad whiplash injury in a very low-speed car accident. Doctors agree that even in low-speed, minor impact collisions, whiplash  results. Pain can become so intense that it causes numbness and tingling in your arms and hands(radiculopothy and parastesia). This sensation is particularly disturbing for almost anyone.
Whiplash must be properly diagnosed by xrays and MRI at the hospital. These imaging studies will identify the extent of the damage done to your spine and neck area. It will also give your orthopedist or neurologist and idea on the next course of treatment.
Conservative treatment for whiplash includes pain medications, physical therapy, and  localized epidural steroid shots. If these treatments do not fix the problem, your doctor may recommend a neck surgery. Surgery for whiplash after a crash may likely require disc removal (discectomy) and spine fusion. This is a serious surgery with real risks.

Buffalo Area Bicycle Accident Attorney J John Sebastian

Our firm is aware of the danger faced by Buffalo Area cyclists from negligent and reckless motorists. J John Sebastian has represented bicycle commuters, as well as recreational cyclists injured in bike accidents by negligent and reckless drivers.
Everyday more and more Western New Yorkers  become active cyclists. Cycling has increased dramatically over the past ten years, as not only sport but also for commuting, especially here in the Buffalo Area. Unfortunately, every six hours a bicyclist is killed in America. Motorists, because of inattention, fail to give the right of way to riders which have led to a substantial increase in the number of cycling accidents.
Even minimal contact between a vehicle and a bicycle can cause catastrophic injuries such as broken bones, back injuries, cuts and bruises. A high speed impact cause even more serious injury leading to traumatic brain injury, spinal cord injuries and wrongful death.
J John Sebastian  understands that your immediate goals after going through such trauma are to get the appropriate medical care and make sure it is paid for, to make sure you do not suffer financially due to lost wages, and to make sure that you will receive money for your past and future pain and suffering.
J John Sebastian will discuss your situation in detail, and go over the various options available to you. We will work with insurance companies and other parties involved in your case to make sure that all your needs are handled quickly and appropriately. If the insurance company is unwilling to offer a favorable settlement, we will take the fight to the appropriate court.
If you or a loved one has been injured in a bicycle accident or you are a survivor of a cyclist who has been killed in a bike accident in the Buffalo Area call us at716-254-1751 to set up a free consultation to discuss your legal options.
Experienced bicycle accident attorneys help find coverage from all sources of compensation, including insurance coverage. College students attending one of the many colleges in the Buffalo Area where the students often bike to school, hear all to often of their classmates or colleagues seriously injured or even killed in a bike accident. Parents often carry a child on a bicycle, which can cause bike injuries to children. We can help answer frequently asked questions about bicycle personal injuries.

J John Sebastian  represent bicyclists injured as a result of:

• failure to yield the right of way
• cross walk accident/intersection accidents
• hit and run accidents
• bicyclists being run off the road
• a drivers’ failure to come to a complete stop at intersection

If you have been injured in a bicycle accident, you may be entitled to compensation for:

• Medical bills
• Wage loss / Lost Income
• Loss of earning capacity
• Pain and Suffering Damages
• Emotional Distress and Disfigurement.

Why choose Attorney J John Sebastian for Your Accident Case?

• J John Sebastian prides himself on always “going the extra mile” for his clients. He never just takes a settlement because it is the easy thing to do. He fights for you, to obtain the kind of results you deserve.
• J John Sebastian prides himself  on giving every client the time and attention that is necessary to get the compensation for their injuries. Unlike some law firms where you may have a case worker or paralegal in charge of your file, we pride ourselves on regular and continuous contact between the attorney and the client throughout their case. You always know what is happening with your case.
• J John Sebastian helps his  clients with their medical, vehicle repair or replacement, rental car and other bills starting from day one.
• Our experts are the best in their fields.  Every case is different and every case requires different experts. J John Sebastian starts to identify and retain the right experts for you immediately.
• Consultations are always free and can be done whenever and wherever is most convenient for you.  We have seen clients in their homes, their offices, hospitals and in our office. Where ever and whenever works for you.
• We only win when you win. No matter how multifaceted the case, clients pay nothing until a recovery is made. J John Sebastian never charges a fee or costs unless you make a recovery.

Seeking Compensation for the Victims of Reckless Truck Drivers

Anyone who drives recklessly is putting others people at serious risk for injury, but when the driver of a truck is reckless, the results can be particularly grave. Every year, many avoidable truck accidents are caused by reckless and wanton  behavior such as the following:

• Unsafe Speeds  Because trucks are so large and difficult to handle, it is especially important that they follow the speed limit, if not slower. Trucks  being driven over the speed limit, especially on busy city expressways, create a grave  risk for accidents.
• Following to close or Tailgating: Trucks need much more time and space to stop than smaller vehicles and must therefore drive  farther behind the cars in front of them. When a truck is tailgating a car and the car brakes or slow down suddenly, the results can be devastating
• Other aggressive driving: In general, truck drivers need to constantly be aware that they are driving much more heavier and dangerous  vehicles than most other drivers on the road. Any display of road rage on their part  can have deadly consequences.

If you have been injured or have lost someone close to you in a truck accident, J John Sebastian  will carefully investigate the facts of your case so he can identify who was responsible and pursue the payment you deserve. Let us put our experience and passion to work for you.
Call Us for a Free Consult...716-362-1146

NYS Motor Vehicle Accidents No-Fault Law Attorney J John Sebastian

In New York State , no-fault law can provide motor vehicle accident victims with compensation for medical expenses, time away from work and other  expenses. This compensation may be obtained regardless of proof of fault or negligence on the part of the  drivers involved.
But , if an accident victim wishes to bring a lawsuit for pain and suffering or disability, fault must be established. Since the precise cause of an automobile accident is not always clear, it is important for an experienced attorney to thoroughly investigate the claim.
In every car accident, it is paramount  to report it to the police and your insurance company, exchange information with the other driver and consult with an . Do not attempt to negotiate a settlement with the insurance company by yourself, or sign away your rights to the benefits you need.
If you have been seriously injured in a car accident, or a loved one has been disabled or fatally injured, contact The Sebastian Law Firm to learn more about your rights in personal injury and wrongful death claims. Schedule a free initial consultation at our office and discuss your accident with an experienced lawyer.

Representing Hurt Drivers, Passengers and Pedestrians

City and state's, maintenance companies and contractors are responsible to make sure that construction zones are correctly designed. In particular, New York State has very specific rules about how vehicular traffic should be redirected  through work zones.

When construction zones are set up improperly, drivers can get confused and may end up in  serious  collisions with other cars and concrete barriers.

J John Sebastian will investigate construction zone accident cases in order to identify individuals and companies who may have acted negligently. He then will diligently pursue fair compensation for our clients from all of these parties.
 J John Sebastian  is dedicated to helping clients get the maximum compensation they legally deserve. Let us put our experience and passion to work for you.

Buffalo Area High Speed Accident Defense Lawyers

Popularized in TV and movie  culture, drag racing has become a popular, and very dangerous, activity for many teen and college-aged drivers. Accidents at high speeds, particularly in residential areas, can lead to a lot of property damage and loss of life. If you are facing  speed contest charges, you need an aggressive criminal defense lawyer to look out for you.
At J John Sebastian Law Firm , our attorneys, FORMER prosecutors, have the experience and resources to handle even the most complex cases. For a free initial consultation,716-362-1146 We are available 24 hours a day, seven days a week through our attorney paging system.

You Could Be Charged With Reckless Driving

The prosecution may charge you with RECKLESS DRIVING nd attempt to prove  that you were showing a total disregard for the safety and well being of pedestrians . It is our job to prevent that, making sure the burden of proof remains with the State .
This is where our experience as prosecutors is vital, as we understand the potential approaches they will take and how to defend against them. Because prosecutors in the Buffalo areaknow we are willing to go to trial, we have a proven track record of negotiating favorable pleas or getting charges dismissed.

Contact a Drag Racing Defense Lawyer Today

To find out more about how we can help you protect your rights. CONTACT J JOHN SEBASTIAN LAW FIRM TODAY

Buffalo City Court

n our series highlighting local criminal courts, we focus on Buffalo City Court . The Buffalo City Court has jurisdiction over both civil and criminal cases originating within Buffalo City. In the category of criminal law, the Buffalo City Court part hears misdemeanors and pre-indictment felonies, including drug possession, unlawful possession of marijuana, robbery, petit larceny, DWI, DWAI, criminal possession of a weapon, assault, and other cases.
Buffalo City  Court also hears Vehicle and Traffic offenses such as violations of VTL 511 (Aggravated Unlicensed Operation of a Motor Vehicle) and the Traffic part hears traffic cases such as speeding, red light and stop sign violations.
The Buffalo City Court is located at 50 Delaware Avenue, Buffalo, NY 14202.

What Does Car Accident Injury Compensation Cover ?

New York State  Injury Victims’ Rights
What does car accident injury compensation cover ? How do I pay  for my medical bills? Is there a way to get the at-fault party to pay  for my future medical bills and my pain and suffering? These are all  good  and important legal questions after a Western New York  car accident. 
While each case is unique and should be evaluated by an  experienced personal injury attorney who can help you understand your rights to  compensation, injury compensation is generally available for:

• Past, present and future medical bills: compensation generally includes reimbursement for past and  present medical bills stemming from the accident, as well as future  medical bills. If you or your doctor anticipates that you will need  additional surgeries, medical treatment or rehabilitative care, your  personal injury attorney will likely factor that into your future  medical expenses. 
• Lost wages: Another area of car accident  compensation is usually lost wages. If you missed work because of  injuries, you may be entitled to those wages as part of your car  accident compensation. 

After a car accident, it’s best to sit down with an experienced  attorney to understand the car accident compensation you may be entitled  to Call J John Sebastian Attorney at Law

I was injured on someone else’s property. What Can I Do?

Most , property owners, including entities such as the city and state, are responsible for injuries that occur as a result of a dangerous or hazardous condition that exists on their property, which the owner either knew or should have known about. The hazard can  be obvious (such as ice on steps) or hidden (such as a hole in a lawn that is partially covered by grass). In some cases it may not be apparent, as in flooring that appears normal but is very waxy and slippery. The dangerous condition could be permanent, such as broken concrete  or temporary, such as a slippery spill in a market aisle.
Legally a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature, because the owner knew, or should have known, about the condition before the incident occurs.
In the case of temporary conditions , the length of time that the condition exists prior to  the incident occurred is important. If the spill occurred just before the incident, the property owner may not be liable to the plaintiff, because the owner could not have known about the spill (and would not have been able to do anything about it) before the injury occurred. If, the spill however, was present for some time before the incident, or occurred in an area subject to liquid spills, or is a recurring event in the area, the owner may be liable, even if he or she did not know about this particular spill.

When people think about t shoplifting, they might picture  a person hiding goods in his or her clothes and then leaving the store without paying. While this is definitely a typical  shoplifting scenario, it's not the only one.
Scenarios where people get arrested for shoplifting, may include

• Placing merchandise in a "booster bag" (a bag lined with aluminum foil, designed to conceal detection of merchandise from electronic security monitors)
• Removing Sensormatic and other anti-theft tags from store's  merchandise
• Concealment, concealing merchandise on the way out of the store with it
• Tag switching:
• Coordinating theft with a store worker who doesn't ring up all the merchandise
• Group shoplifting where, one member of the group creates a distraction that provides another member with the opportunity to shoplift

Shoplifting supposedly costs retailers tens of billions of dollars per year in the United States. This is one reason why shoplifting charges are prosecuted firmly seriously by the courts. Penalties for conviction can vary depending on yourrecord, the type of  charge, and the value of goods allegedly stolen. However, with a skilled shoplifting defense lawyer on your side, there is hope to successfully resolve your legal matter.

Manhattan DWI attorney sues for breathalyzer maintenance records

Manhattan DWI attorney sues for breathalyzer maintenance records http://www.nydailynews.com/new-york/dwi-lawyer-records-broken-breathalyzers-article-1.1256510 Adam Perlmutter made a Freedom of Information Law request for the city documents, which was initially denied because it would 'interfere' with law enforcement. A man had been previously acquitted for driving while intoxicted after a broken machine was found to be put back into service, Perlmutter said. Read more: http://www.nydailynews.com/new-york/dwi-lawyer-records-broken-breathalyzers-article-1.1256510#ixzz2KtOZjACO

Buffalo Area Disk Injury Lawyer

Whiplash is a very common injury caused by a car accident, trucking accident, or any vehicle crash.. When the head and neck are jolted violently to the front and back, the result can be a case of severe whiplash. The ligaments, tendons, and discs in the neck become strained, causing pain shooting through your shoulders and down your arms. These shooting, or "radicular" pains can be evidence of a serious disc injury in your cervical spine. It is important to seeek medical attention immediately if you suspect you have whiplash from an accident. Insurance claims adjusters usually do not take whiplash injuries seriously, at least not until an experienced neck injury attorney files a claim on your behalf. Adjusters just seem to feel that whiplash is a minor injury that will always resolve itself with time. That just isn't reality. You can suffer a bad whiplash injury in a very low-speed car accident. Doctors agree that even in low-speed, minor impact collisions, whiplash results. Pain can become so intense that it causes numbness and tingling in your arms and hands(radiculopothy and parastesia). This sensation is particularly disturbing for almost anyone. Whiplash must be properly diagnoses by xrays and MRI at the hospital. These imaging studies will identify the extent of the damage done to your spine and neck area. It will also give your orthopedist or neurologist and idea on the next course of treatment. Conservative treatment for whiplash includes pain medications, physical therapy, and localized epidural steroid shots. If these treatments do not fix the problem, your doctor may recommend a neck surgery. Surgery for whiplash after a crash may likely require disc removal (discectomy) and spine fusion

Who We Are

When you work with J. John Sebastian Attorney at Law, you will have a car accident lawyer on your side with the skills and experience to battle the high powered legal teams employed by the insurance companies. But you will also benefit from the advantages associated with a small law firm. J. John Sebastian established his own firm in order to provide his clients with the highly personalized representation they deserve. He will personally handle every aspect of your accident case, and will always be there for you if you have any questions or concerns. J. John Sebastian is committed to helping you through this difficult time, enabling you and your family to concentrate on your recovery.

When you work with J. John Sebastian Attorney at Law, you will have a car accident lawyer on your side with the skills and experience to battle the high powered legal teams employed by the insurance companies. But you will also benefit from the advantages associated with a small law firm. J. John Sebastian established his own firm in order to provide his clients with the highly personalized representation they deserve. He will personally handle every aspect of your accident case, and will always be there for you if you have any questions or concerns. J. John Sebastian is committed to helping you through this difficult time, enabling you and your family to concentrate on your recovery.

J. John Sebastian Attorney Offers Legal Services in Buffalo and Niagara (via SBWire)

The former Assistant District Attorney’s law office offers all criminal defense services Buffalo, NY -- (SBWIRE) -- 03/28/2013 -- J. John Sebastian, the former Assistant District Attorney, offers a host of criminal law defense services from his law office based in Buffalo. The attorney’s law office…

How to Help a Friend or Family If They Get Arrested in Buffalo NY

If you need a lawyer for a friend or family member who has been placed under arrest, you can call J John Sebastian 24 hours a day 7 days a week.
If it is 4 am  and someone you love has just been arrested, You know you need legal help. You do not want your loved one to sign a confession or be in a line-up. It is tough to know what to do or who you can  trust. Here is what you need to know.
Steps

1. If a police officer or detective calls you to tell you someone has been arrested, First ask: where they are being held and by what the charges are . If your loved one calls, find out from them. Tell them you are finding him a lawyer and not to answer any police questions under any circumstances.
2. Find out what the charges are and what time the arrest was made. Do not let your loved one tell you what happened. The call is not privileged and it can, and probably will be, recorded by police for later use against your loved one. They should just tell you the actual charge. If they cannot tell you without explanation, tell them that “it doesn’t matter,” and continue to step three below.
3. Inform the police or detective to either not speak to your loved one or ask them any questions. Tell your loved one not to make any statement or take any test and tell them you are getting a lawyer and not to do or say anything until they hear from that lawyer.
4. Select a Criminal Defense Attorney. Keep calling lawyers until you find one that either answers their phone or has an answering service that can reach them anytime day or night.
5. Tell the lawyer that your friend is arrested and give as much information as you can. Ask that they immediately call the station house and stop your friend from being questioned. Many lawyers will do this for free but expect to pay at least $150-350 for that call.
6. You do not have to use the lawyer that helps you for arraignment as a free lawyer is often available, HOWEVER it is better to have your own lawyer at arraignment if you can.
   Gather as much money as you can to both pay the lawyer in court and to post bail. It is more important to get a good lawyer into the case early than to immediately get your friend out of jail.

http://jjohnsebastianattorney.com/Home.html

Buffalo Area Disk Injury Lawyer

Whiplash is a very common injury caused by a car accident, trucking accident, or any vehicle crash.. When the head and neck are jolted violently to the front and back, the result can be a case of severe whiplash.
The ligaments, tendons, and discs in the neck become strained, causing  pain shooting through your shoulders and down your arms. These shooting, or "radicular" pains can be evidence of a serious disc injury in your cervical spine. It is important to seeek medical attention immediately if you suspect you have whiplash from an accident.
Insurance claims adjusters usually do not take whiplash injuries  seriously, at least not until an experienced neck injury attorney files a claim on your behalf. Adjusters just seem to feel that whiplash is a minor injury that will always resolve itself with time.
That just isn't  reality. You can suffer a bad whiplash injury in a very low-speed car accident. Doctors agree that even in low-speed, minor impact collisions, whiplash  results. Pain can become so intense that it causes numbness and tingling in your arms and hands(radiculopothy and parastesia). This sensation is particularly disturbing for almost anyone.
Whiplash must be properly diagnoses by xrays and MRI at the hospital. These imaging studies will identify the extent of the damage done to your spine and neck area. It will also give your orthopedist or neurologist and idea on the next course of treatment.
Conservative treatment for whiplash includes pain medications, physical therapy, and  localized epidural steroid shots. If these treatments do not fix the problem, your doctor may recommend a neck surgery. Surgery for whiplash after a crash may likely require disc removal (discectomy) and spine fusion. This is a serious surgery with real risks
http://jjohnsebastianattorney.iconosites.com/page/whiplash-injuries

Experienced Buffalo Premises Liability Attorney

Property owners are responsible to maintain their buildings and to keep people reasonably safe from harm in those buildings. When unsafe building conditions are present  it may cause slip, trip and fall accidents that result in broken bones, head injuries, paralysis and other injuries. Premises liability law is designed to protect people from harm and to help them pay for medical bills, lost earnings, pain and suffering and other expenses.
The Sebastian Law Firm has  years of experience handling personal injury and premises liability cases. Any type of building, from grocery stores and malls, to government buildings and other public property can present hazards. Our lawyers have likely handled a case similar to yours in the past. Our results speak for themselves and show why clients across Western New York continue to choose our firm to represent them in their personal injury cases.

What is IDV Court?

First established in 2003, IDV Courts are made  for a single judge to preside over multiple cases between family members, where the main or prevalent  issue is alleged domestic violence between the parties.
For example, a wife and husband have a marital fight, the police are called. In short order, the spouses might accumulate one or more criminal proceedings in a local criminal Court, one or more family offense cases in Family Court, and a divorce proceeding in Supreme Court. In the past, different judges would have been assigned to  each of those proceedings, requiring court appearances in three different courthouses, sometimes resulting in conflicting decisions between the various judges. Now, one judge presides over all of the family's interrelated legal matters in IDV Court.
So far, approximately 18,000 families throughout New York State have had their legal matters resolved in IDV Courts. That number will continue to grow.  IDV Courts look like they will be around for a while.

The Role of TASC

There are several Buffalo area Criminal Defense cases where the Court will order a TASC evaluation of a criminal defendant.  TASC stands for Treatment Alternatives for Safer Communities and is sponsored program that provides primary assessment, monitoring and supervision in different types of  cases.

Usually TASC will be assigned to defendants accused of DWI DUI, criminal possession of a controlled substance, certain domestic violence related charges and a variety of other misdemeanor and criminal charges.  Once a person is evaluated, a decision is made by whether to recommend treatment. The treatment regime can be a a a series of educational classes or as intensive as a one year program.

TASC can play a major role in a Buffalo area criminal defense case. A defendant's compliance with the TASC directives is often considered by the District Attorney's Office when making disposition offers and is also considered by judges for bail and sentencing purposes.

DWI DUI and Criminal Possession of a Controlled Substance (CPCS) charges are two areas where TASC is often involved. However, a defendant may be given the option of selecting a different organization for evaluation and treatment and simply have TASC monitor the defendant's progress. Ask your Buffalo area  Criminal Defense Lawyer what your options are in these cases.

Buffalo NY Area Resisting Arrest Attorney

Resisting Arrest What sometimes can start  out  as  a violation of Disorderly Conduct (NY  PL 240.20), can result  in the police taking you into custody for  Resisting Arrest pursuant to New York Penal Law 205.30. Whether you are  in Buffalo or the outlying townships like Amherst, Cheektowaga, or Tonawanda  you now  find yourself charged with a misdemeanor and in need of a Buffalo Area criminal defense attorney.
While often a legitimate charge by the police for  fights  during an arrest procedure, the crime of Resisting Arrest also enables  law enforcement to charge  you with an offense punishable by up to one year  in jail for something that is minor  and truly “non criminal.”  According to the law of Resisting Arrest in New York State , if you prevent or  attempt to prevent a police officer from placing you under arrest where  he or she is authorized to do so you are guilty of an “A” misdemeanor.
If you swing your arms or hold them  up so that you cannot be handcuffed, that will probably   establish resisting arrest.  Certainly, thefacts of every case are different  , but if someone  intentionally  tries to stop the police from making  an authorized arrest it is  likely they  will face this charge. If convicted as an adult, this crime  will permanently remain on your record.
It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your Buffalo Area criminal defense lawyer before considering accepting any deal.
j john sebastian attorney

Western New York Semi-Truck Accident Attorney

When you need someone to stand up for you  after a semi-truck or 18 wheeler accident, call us.  A good lawyer can make the difference between getting the benefits you need and getting a settlement that does not meet your needs.
With more than 20 years of personal injury experience, J John Sebastian can confidently handle your claim. Our lawyers are committed to helping semi truck and 18-wheeler plaintiffs, and their families, recover max benefits. We will help you know  what to do after an accident, what benefits you may be entitled to and how we can help you and your family obtain those benefits.

 Investigations for Semi Truck Accidents

J John Sebastian will thoroughly investigate and review  all motor vehicle accident claims in order to understand what happened, and was at fault for the accident. Truck drivers are under tremendous pressure to be  on time.Many semi-truck accidents are a result of driver fatigue. Truck accidents may result in serious and catastrophic injuries, including:

• Broken bones
• Traumatic brain injuries
• Severe burns
• Paralysis
• Permanent disability
• Wrongful death

We will review log books, computer info, accident reports and other evidence to see precisely who was negligent in your accident. We will also evaluate t your injuries to see what level of compensation is necessary, especially if those injuries require continuing medical care. We will assess all areas of liability and work hard to hold all appropriate parties responsible.

Buffalo Area Under 21 DWI Attorney

In New York State , anyone  at least sixteen years old but less than nineteen years old who are charged with a crime (misdemeanor or felony) may be eligible for a "youthful offender adjudication." Section 720.20 of the CPL sets forth the circumstances under which a court may make a finding that a individual is a youthful offender. For  misdemeanor convictions, like first time DWI offenders, CPL § 720.20 states:

Upon conviction of an eligible youth, the court must order a PSI (pre-sentence investigation) of the defendant. After receipt of a written report of the investigation (by the probation department) and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender. Such determination shall be in accordance with the following criteria:

Where the conviction is had in a local criminal court and the eligible youth had not prior to commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court must find he is a youthful offender.

CPL § 720.20(d) states that when an individual is found to be a youthful offender, " the court must direct that the conviction be deemed vacated and replaced by a youthful offender finding; and the court must sentence the defendant pursuant to section 60.02 of the penal law."

Section 60.02(1) of the Penal Law sets the maximum sentence that may be imposed upon a defendant adjudicated a youthful offender who otherwise would have been convicted of a misdemeanor to "a definite or intermittent sentence of imprisonment with a term of no more than six months...."

The requirement that eligible youth with no prior criminal convictions or youthful offender adjudications must receive youthful offender status when convicted of a misdemeanor raises an interesting question  when someone in that age group  are arrested for misdemeanor Driving While Intoxicated.

It is important to know  that youthful offender status only applies to criminal convictions, not to traffic infractions or violations. As a result, it may be better in some cases to plead guilty to the misdemeanor charge and receive youthful offender status rather than entering a plea to the lesser charge of Driving While Ability Impaired by Alcohol (VTL § 1192[1]). A person under 19 years of age should discuss this with his lawyer. There are advantages and disadvantages of getting youthful offender status versus pleading guilty to DWAI (Driving While Ability Impaired by Alcohol).