Cheating on the SAT Exam in NY

• Category: Criminal & Traffic
• No Comments
• January 30th

Cheating on the SAT Exam May Become a Felony in NY

A bill making it a felony in NY for cheating on the Standard Achievement Test (SAT) was recently introduced in the New York Legislature.

The hearings, which led to the introduction of the bill, were the result of a September 2011 scandal in Long Island, New York involving impostors sitting for SAT exams in exchange for money.  The district attorney reported that at least 20 people were involved in the cheating scheme where Nassau County high school students paid $500 to $3600 to college students to take the exam on their behalf.  Investigations revealed that imposters would sit for the exams in another school in order to avoid a proctor noticing the impersonation.

The cheating ring unraveled when Great Neck North High School teachers and administrators heard rumors that students paid someone to take the SAT for them.  They compared students’ academic history with their SAT scores; and then noticed that some student whose grades did not match their test scores sat for the exam in a location other than his school.  These peculiarities led them to crack open the scheme.

The twenty students allegedly involved in the ring have been charged with falsifying business records and criminal impersonation, according to the Nassau County District Attorney’s Office.

The new bill recently introduced by Sen. Kenneth LaValle of Suffolk County would establish new felonies of facilitation of education testing fraud and of scheming to defraud educational testing.  In addition, the new bill would create a new misdemeanor for the offense of test forgery.  The laws would apply to both the test taker and the one who paid for the impersonator to take the test.

The bill also advocates photo identification and other methods of verifying identity such as fingerprints or retinal scans.

The argument against the bill is that although cheating on a test is wrong it is not a crime such as armed robbery or drug dealing.

The Rosenblum Law Firm has been successfully representing New York and New Jersey residents in criminal matters for years.  Email or call 1-888-883-5529 now.

Cheating on SAT

Cyberbullying is the Modern Day Harassment

• Category: Criminal & Traffic
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• January 16th

Almost everyone knows the tragic story of 15 year old Amanda Cummings.  A few days after Christmas, Amanda jumped in front of a bus while holding a suicide note.

Suffering from months of harassment because of a relationship with an 18 year old male, Amanda could not handle it anymore.  Family members claim that bullies took her phone, shoes and jacket.  The bullies even posted tormenting comments on her Facebook page as she lay fatally injured in a bed at Staten Island University Hospital.  Abusive messages were also posted on her memorial Facebook page even while the funeral was in process.

Bullying used to be on the school playground or in the street on the way home from school.  A few classmates may have threatened or even beat up a student.  Nowadays, bullying is a 24/7 electronic torment device that spreads like wildfire.  Within hours a person might feel that his or her life is in danger as words and pictures can be distributed via the internet.

In response, a New York State Senator has introduced a bill to make the penalties for cyberbullying much stronger.

In a written statement, Senator Klein’s office said:

“Tragically, we’re seeing modern technology used as a weapon and our laws have not kept pace with that technology. This legislation will give prosecutors the tools they need to treat cyberbullying as the crime it is and also send a message that this type of reckless and potentially deadly behavior will not be tolerated.”

Among other things, it would fully address the idea of using electronic communication to harass or stalk someone.”

The new law, which will likely enjoy bi-partisan support, will have three features:

1. Include bullying of a youth by electronic communications in the crime of  Third Degree Stalking
2. Include electronic communications in the crime of Aggravated Harassment.
3. Provide hate crime status to certain types of cyberbullying.

Sen. Klein has been working on the cyberbullying law with anti-bully advocate Jamie Isaacs.  Jamie suffered from cyberbullying for six years.

According to her mother, Anne Isaacs, students from her school threatened Jamie almost daily using email, instant messages, Facebook and text messages. Senator Klein said that the bullying was so severe that she had over 200 kids daily saying hateful things about Jamie.

She created an anti-bullying foundation, the Jamie Isaacs Foundation for Anti-Bullying, dedicated to helping teens and children.

The Rosenblum Law Firm should be your first phone call if you face any type of criminal matter.  Whether you are the victim of a crime or being charged with committing a crime, call us today.

Discrimination Against Unemployed In Hiring

• Category: Unemployment
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• November 25th

Discrimination against the unemployed

Can a Potential Employer Discriminate Against the Unemployed in the Hiring Process?

In today’s economic climate, it is truly an “employer’s market” – since there are so many people desperate for jobs, employers can be much more selective about who they hire. It has been widely reported that certain employers are not hiring job applicants that are unemployed as of the time they apply for the job.  In other words, they are only hiring people who are currently employed but are looking for a change of employment as opposed to people who are unemployed at the time they apply for the job.

New Jersey State Rep. Celeste Riley said she became conscious of the problem associated with employers discriminating against the unemployed when her friend showed her a genuine online job ad that eliminated unemployed candidates.  In New Jersey, it is no longer lawful for employers to write in their job ads that unemployed persons will not be considered. New Jersey’s Governor Christie recently signed a bill that bans obvious discrimination against the unemployed in print or online — this is the first legislation of its kind in the United States. Companies would face a fine of $1,000 if convicted (first offense) and $5,000 for following offenses.

President Obama addressed this problem by including a provision in his jobs bill prohibiting discrimination against the jobless. The President’s plan calls for legislation that would make it unlawful to refuse to hire applicants solely because they are unemployed or to include in a job posting a provision that unemployed persons will not be considered.

Perhaps this will send a sufficient message to employers that unemployed job candidates have just as much to offer as the employed ones. This message was already accepted by one the largest online job boards.  Indeed.com, which receives over 50 million unique visitors per month and is available in more than 50 countries, announced last month that it would no longer take ads from employers that discriminate based on employment status.

Unemployment Appeals Attorney

A Tree Falls – Who Is Responsible ?

• Category: Personal Injury
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• November 25th

Fallen tree who is responsible?

The recent storm in the metropolitan area left thousands of people without energy and flooded numerous communities.  Even worse, several individuals lost their lives and a significant amount of property was damaged as a result of falling trees and branches. One of the most common questions we get is – if a tree falls and damage occurs, who is responsible?
Falling branches is a fairly common occurrence that is usually hard if not impossible to predict. In general, a person cannot be liable unless they could be charged with the responsibility to prevent the occurrence.  So, if a tree is otherwise healthy and a branch falls, either naturally or through an “act of Nature” the owner of the tree cannot be held liable.  However, when it is reasonably foreseeable that a hazardous circumstance might develops and you’ve had a chance to deal with it, but fail to do so, that is a different story.

Say that a person notices a dead looking tree in his backyard. He calls a tree service and they inform him that the tree is dead and is in danger of falling. But, instead of chopping it down, he makes the decision to do nothing. Under New York State law, the property owner could very well be liable if he has received actual notice of a dead or decayed tree, and does nothing to remove or repair it. It simply makes sense that a property owner should be responsible if he ignores a predictable danger.

What if a person has a dead tree in his backyard, but didn’t know it was dead? If there is no reason for the own know that the tree posed a threat, he won’t be liable. However, if the person had recognized the tree was dead or decayed, that person could be responsible for ignoring the issue.

Recently, in Whalen v. City of New York, a New York County judge held that the City of New York could be liable for a tree falling and injuring a driver on a City-owned road surrounding a reservoir in upstate New York. Despite the fact that there was no evidence that any City personnel had actual notice of an issue because the tree was twenty feet away from the road, the Court decided that the jury could take into account whether the City should have recognized that the tree was dead and decaying. This result makes sense. A property owner should not be permitted to steer clear of all responsibility merely by ignoring issues that any reasonable individual would have noticed.

So, how must you proceed? As a homeowner, you need to monitor your property for potential dangers. If you have grounds to think there is a problem with one of your trees, you should take immediate action. You can secure or chop down the tree or consult a specialist. If a skilled tree expert states that a tree poses a risk, you must follow his or her advice and take care of it.

In the event you or your property are injured by a fallen tree or branch, the first thing you should do is take some photographs. Then you should contact an attorney who would be willing to investigate whether the accident was an act of Nature or if the tree owner should have prevented the accident.

Your attorney will likely have to consult an expert such as an arborist who can determine the tree’s condition by examining the remains of the tree or even photographs. The issue of whether a tree was decayed, diseased or dead for months as opposed to years might have a significant impact on whether the tree owner will be held responsible for the damage.

10 Questions To Ask Before You Hire A Lawyer.

• Category: practice
• No Comments
• October 5th

Here are some questions to ask before you hire a Criminal Defense lawyer, or a Speeding Ticket Lawyer.

1. How long have you been practicing law?
2. What exactly is your experience in this particular practice area?
3. How many cases have you taken care of like mine? What was the actual end result?
4. What are the attainable outcomes associated with my case, and also the odds of success?
5. What are the measures involved in my case, along with a rough time schedule for the different steps?
6. Approximately how long does it take to complete?
7. What complications can appear in my case, and will they cause additional fees?
8. Do you have a written retainer letter or agreement?
9. Do you charge on an hourly basis, by the case, by a percentage, or perhaps a combination?
10. If you do not win my case will I receive a full refund?

Bicyclist Hit With $1,500 in Fines for Running Red Lights

• Category: Criminal & Traffic
• No Comments
• August 22nd

NYC bicyclist Juan “JC” Rodriguez got two previous tickets but the third time may be the charm because he got hammered with more than $1,500 in fines the third time around.

“It’s absurd,” complained Rodriguez, “when you look at the fines leveled and the actual offenses, it makes no sense.”

Many bicycling buffs think fining two-wheelers the same as tractor-trailers is over the top, others say bikers should stop at red lights – period.

“They are endangering pedestrians, many of whom are elderly or children who may not be able to get out of the way quickly,” said City Councilman James Vacca (D-Bronx).

“We have too many people riding their cars and bicycles and thinking these rules are not meant for them.”

New York DMV spokesman Nick Cantiello says cyclists are subject to the following fines for red-light violations: $190 for the first offense, $375 for the second, $940 for the third.

They do not face $80 in surcharges that motorists get and there are no license points to worry about.

“Bicycles are expected to follow the rules of the road just like any other vehicle,” Cantiello said.

Rodriguez says that regardless of whether it’s legal, it’s common practice for bikers to roll through red lights when it’s safe.

He did it on March 3 as he rode down Central Park West on his way to work, and a cop pulled him over.

“My first thought was, ‘Are you serious? Is this some sort of joke?’” he said.

It wasn’t. The officer also ticketed him for not having a bell on his cycle.

Rodriguez figured it was a fluke. But six days later, an officer pulled him over for blowing a red light at Riverside Drive and W. 96th St.

“I thought, ‘Oh my God! What is going on?’” Rodriguez said.

Last month, Rodriguez was stopped again.

He pleaded not guilty to all three tickets by mail.

“I thought if I show up in court I might have a say and show how unbelievably ludicrous this is,” he said.

At a hearing this month, Rodriguez contested the Riverside Drive ticket. The judge hit him with a $375 fine.

Rodriguez returned to court last week to plead guilty to the two other tickets and was fined another $1,000.

Barbara Ross of the pro-bike environmental group Time’s Up! said the penalty system needs a fixing.

“Fining cyclists up to $950 for a traffic violation – the same rate as drivers of 4-ton vehicles that kill hundreds of people annually – is excessive and unfair,” she said.

“Traffic enforcement policies should focus on safer streets, not use them as a revenue source for the city.”

Rodriguez hopes by telling his story other cyclists won’t have to pay for running a red.

“Things have changed,” he said. “[Bicyclists] need to be aware of what the worst-case scenario can be.”

The Rosenblum Law Firm can fight your Hit and Run charges in New York. Call 888-8835-LAW.

Huge Drop In Number Of Traffic Tickets Issued

• Category: Criminal & Traffic
• No Comments
• July 20th

New York City police wrote 32% less New York traffic tickets last week compared to the same period a year ago; apparently cops were threatened with losing of vacation days if they messed up any New York ticket cases.

More than 11,230 traffic tickets for New York moving violations were issued to motorists, compared to 16,695 for the same week in 2010.

The steep decline came less than two weeks after the press reported that NYPD brass — who were understandably unhappy about the department’s shameful ticket-fixing scandal — ordered that police would be docked 10 vacation days if any of their cases fell apart because of a procedural mistake.

“Why should I want to write a summons to put myself in jeopardy of losing 10 days’ vacation?” one officer asked The Post.

Last week’s drop in summonses was so steep that Police Commissioner Ray Kelly personally called NYPD Transportation Bureau Chief James Tuller to know why it had happened, according to one source.

Oddly enough, Tuller has himself been questioned about fixing a ticket for his brother-in-law.

(More: NY Post)