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Understanding the Differences Between Divorce and Legal Separation
June 14, 2023 | By H. Benjamin Perez & Associates, P.C.
Divorce and legal separation are two legal processes that can be confusing for many people. While both involve the separation of a couple, there are some key differences between the two. In this blog post, we will explore the differences between divorce and legal separation and provide some useful tips for those who are considering either option.
What is Divorce?
Divorce is the legal process of ending a marriage. When a couple decides to get divorced, they must file a petition with the court and go through a legal process to divide their assets and liabilities, determine child custody and support, and establish spousal support. Once the divorce is finalized, the couple is legally divorced and can marry other people if they choose to do so.
What is Legal Separation?
Legal separation is similar to divorce in that it involves the separation of a couple. However, legal separation does not end the marriage. Instead, it is a legal process that allows a couple to live apart while remaining legally married. During a legal separation, the couple can still divide their assets and liabilities, determine child custody and support, and establish spousal support.
Key Differences Between Divorce and Legal Separation
Status: Divorce ends the marriage, while legal separation allows the couple to remain legally married.
Remarriage: After a divorce is finalized, the couple can remarry. After a legal separation, the couple cannot remarry unless they get divorced.
Benefits: A couple who is legally separated may still be able to receive certain benefits, such as health insurance, that they would lose if they got divorced.
Reconciliation: Legal separation allows for the possibility of reconciliation, while divorce does not.
Tips for Choosing Between Divorce and Legal Separation
Consider your goals: If you are sure that you want to end your marriage, divorce may be the best option. If you are unsure and want to leave the possibility of reconciliation open, legal separation may be a better choice.
Talk to a lawyer: A lawyer can help you understand the legal process and determine which option is best for your situation.
Think about your financial situation: Divorce can be more expensive than legal separation, so it is important to consider your financial situation before making a decision.
Divorce and legal separation can both be difficult processes to navigate, but understanding the differences between the two can help you make the right decision for your situation.
If you are considering divorce or legal separation, it is important to talk to a lawyer who can guide you through the process. At H. Benjamin Perez & Associates, P.C., we have years of experience helping clients with divorce and legal separation cases. Contact us today to schedule a consultation.
The Long-Term Effects of a DUI Conviction on Your Life
June 14, 2023 | By H. Benjamin Perez & Associates, P.C.
If you have been arrested for DUI, you may be wondering about the long-term effects of a conviction on your life. A DUI conviction can have serious consequences that can affect your personal and professional life for years to come. Here are some of the long-term effects of a DUI conviction and what you can do to minimize the impact.
1. Employment
A DUI conviction can make it difficult to find a job, especially if you have a criminal record. Many employers conduct background checks and may be hesitant to hire someone with a DUI conviction. If you are currently employed, a DUI conviction can also affect your job. If you drive a vehicle for a living, your job could be at stake.
2. Driving Privileges
A DUI conviction can result in the suspension or revocation of your driver's license. This can make it difficult to get to work, school, or other important appointments. In some cases, you may be required to install an ignition interlock device in your vehicle, which can be costly and embarrassing.
3. Insurance Rates
A DUI conviction can also affect your auto insurance rates. You may be required to carry high-risk insurance, which can be significantly more expensive than standard insurance. In some cases, your insurance company may even cancel your policy.
4. Personal Relationships
A DUI conviction can strain personal relationships with family and friends. It can be embarrassing and difficult to explain to loved ones why you were arrested for DUI. In some cases, a DUI conviction can even lead to the breakdown of a marriage or other relationship.
5. Future Opportunities
A DUI conviction can also affect your future opportunities. For example, if you are interested in pursuing a career in law enforcement or the military, a DUI conviction can disqualify you from consideration. It can also affect your ability to obtain a professional license or security clearance.
What Can You Do?
If you have been arrested for DUI, it is important to take action to minimize the impact of a conviction. The first step is to hire an experienced DUI defense attorney who can help you navigate the legal system and protect your rights. Your attorney may be able to negotiate a plea bargain or alternative sentencing that can minimize the impact of a conviction.
You should also take steps to address any underlying issues that may have contributed to your DUI arrest. For example, if you have a problem with alcohol or drugs, you may need to seek treatment in order to avoid future legal problems.
Finally, it is important to be proactive in rebuilding your life after a DUI conviction. This may include attending support groups, seeking counseling, and making positive changes in your personal and professional life.
Contact H. Benjamin Perez & Associates, P.C. today to schedule a consultation with an experienced DUI defense attorney who can help you protect your rights and minimize the impact of a conviction.
Child Custody in Same-Sex Divorce: Strategies for a Fair Outcome
May 01, 2023 | By H. Benjamin Perez & Associates, P.C.
Divorce is never an easy process, and when children are involved, the stakes are even higher. For same-sex couples, navigating child custody issues can be particularly challenging due to the unique legal landscape surrounding LGBTQ+ rights. In this blog post, we will provide essential tips for achieving a fair outcome in child custody disputes during a same-sex divorce, and how our experienced attorneys at H. Benjamin Perez & Associates, P.C can help.
1. Understand Your Legal Rights
It's crucial to be aware of your legal rights as a parent in a same-sex divorce. While the 2015 Supreme Court ruling in Obergefell v. Hodges legalized same-sex marriage nationwide, the laws regarding child custody in same-sex divorces can still vary by state. In New York, both parents have equal rights to custody, regardless of their gender or sexual orientation. However, it's essential to consult with an experienced family law attorney to ensure you fully understand your rights and responsibilities.
2. Establish Legal Parenthood
One of the critical factors in determining child custody is establishing legal parenthood. In same-sex relationships, this can be more complicated, as one parent may be the biological parent while the other may not. In such cases, it's crucial to establish legal parenthood through adoption or a judgment of parentage to ensure both parents have equal rights in the custody dispute. Our attorneys at H. Benjamin Perez & Associates, P.C can guide you through this process and help you secure your parental rights.
3. Develop a Parenting Plan
A well-thought-out parenting plan can be instrumental in achieving a fair outcome in child custody disputes. This plan should outline the details of how you and your ex-spouse will co-parent your children, including decisions about their education, healthcare, and extracurricular activities. Additionally, the plan should address visitation schedules and any other pertinent issues. By working together to create a comprehensive parenting plan, you demonstrate your commitment to your children's best interests and increase the likelihood of a favorable outcome in court.
4. Prioritize the Best Interests of Your Children
When determining child custody, the court's primary concern is the best interests of the children. As such, it's essential to keep your children's needs and well-being at the forefront of your decision-making. This may involve making compromises with your ex-spouse and prioritizing your children's stability and continuity of care. By demonstrating your commitment to your children's best interests, you increase the likelihood of a fair outcome in your custody dispute.
5. Seek Professional Guidance
Navigating child custody disputes in same-sex divorces can be complex and emotionally challenging. Seeking the guidance of an experienced family law attorney is essential to ensuring your rights are protected and that you achieve a fair outcome. At H. Benjamin Perez & Associates, P.C, our skilled attorneys have extensive experience in handling same-sex divorce and child custody cases. We are committed to providing compassionate and knowledgeable representation to help you navigate this difficult process and achieve the best possible outcome for you and your children.
In conclusion, navigating child custody in same-sex divorce requires a thorough understanding of your legal rights, establishing legal parenthood, developing a comprehensive parenting plan, prioritizing your children's best interests, and seeking professional guidance. By following these essential tips and working with our experienced attorneys at H. Benjamin Perez & Associates, P.C, you can achieve a fair outcome in your child custody dispute and ensure the well-being of your children throughout the process.
Complex Asset Division in High-Net-Worth Divorces: Challenges and Solutions
May 01, 2023 | By H. Benjamin Perez & Associates, P.C.
High-net-worth divorces often involve complex asset division, which can be a challenging and stressful process for both parties. The stakes are high, and it is crucial to ensure that your rights and interests are protected throughout the process. In this blog post, we will discuss key strategies and solutions for navigating complex asset division in high-net-worth divorces, with a focus on the unique challenges faced by those in the criminal defense field.
1. Understand the Importance of Accurate Valuation
One of the most critical aspects of complex asset division is ensuring that all assets are accurately valued. This includes both tangible assets, such as real estate and personal property, and intangible assets, such as businesses, investments, and intellectual property. Accurate valuation is essential for ensuring a fair and equitable distribution of assets during the divorce process.
It is important to work with experienced professionals, such as forensic accountants and appraisers, to ensure that all assets are properly valued. Additionally, it may be necessary to obtain expert testimony to support the valuation of certain assets, particularly those with a high degree of complexity or subjectivity.
2. Consider the Impact of Tax Consequences
High-net-worth divorces often involve significant tax implications, which can have a substantial impact on the overall financial outcome of the divorce. It is crucial to consider the tax consequences of various asset division scenarios and to structure the division of assets in a way that minimizes tax liabilities for both parties.
Working with a knowledgeable tax professional, such as a Certified Public Accountant (CPA) or tax attorney, can be invaluable in navigating the complex tax issues associated with high-net-worth divorces. This includes understanding the tax implications of dividing retirement accounts, transferring ownership of businesses, and the sale or transfer of real estate, among other assets.
3. Be Prepared for Hidden Assets
In high-net-worth divorces, it is not uncommon for one party to attempt to hide assets in order to shield them from division during the divorce process. This can include transferring assets to offshore accounts, creating shell companies, or engaging in other deceptive practices.
To ensure that all assets are accounted for and properly divided, it is important to work with experienced professionals who can help uncover hidden assets. This may involve conducting a thorough investigation, including reviewing financial records, conducting interviews, and utilizing forensic accounting techniques to trace the movement of assets and identify discrepancies.
4. Prioritize Effective Communication and Negotiation
Effective communication and negotiation are essential for navigating complex asset division in high-net-worth divorces. This includes being open and transparent about your financial situation, as well as being willing to compromise and work towards a mutually beneficial resolution.
Working with an experienced divorce attorney, such as those at H. Benjamin Perez & Associates, P.C, can help facilitate productive communication and negotiation between parties, as well as ensure that your rights and interests are protected throughout the process.
5. Be Prepared for Litigation
While it is always preferable to resolve complex asset division issues through negotiation and settlement, it is important to be prepared for the possibility of litigation. This may be necessary if the parties are unable to reach an agreement, or if there are disputes regarding the valuation of assets or the legitimacy of certain claims.
In such cases, it is essential to have a skilled and experienced attorney representing your interests, both in and out of the courtroom. The team at H. Benjamin Perez & Associates, P.C has extensive experience handling complex asset division in high-net-worth divorces and is well-equipped to advocate on your behalf and protect your rights throughout the litigation process.
In conclusion, navigating complex asset division in high-net-worth divorces can be a challenging and stressful process. By understanding the importance of accurate valuation, considering the impact of tax consequences, being prepared for hidden assets, prioritizing effective communication and negotiation, and being prepared for litigation, you can help ensure that your rights and interests are protected throughout the process. Working with experienced professionals, such as the team at H. Benjamin Perez & Associates, P.C, can provide invaluable guidance and support during this difficult time.
Will My Retirement Assets be Divided in a Divorce?
December 02, 2019 | By H. Benjamin Perez & Associates, P.C.
Marital assets and property, including retirement savings, are divided during the divorce process. However, only the contributions and growth made throughout the marriage will end up on the chopping block. Any contributions you made before tying the knot or after you filed for divorce will not be subject to division. Of course, dividing retirement assets is not nearly as straightforward as it might sound and one wrong step can result in avoidable tax implications, so it is crucial to hire experienced legal guidance.
Dividing Retirement Assets During a Divorce
If you have concerns about dividing these assets, you can offer to trade an asset of the same value. Your spouse does not necessarily need to accept your offer, but if you are on amicable enough terms, this could be one way to simplify the situation.
In some cases, if both parties have similar retirement plans and made comparable contributions, a judge might allow them to keep their respective plans and forego dividing these assets. However, such a situation is rare and, more often than not, spouses must either acquire a QDRO or agree on trading another asset of the same value.
If you are on the receiving end of your former spouse’s retirement benefits, you have a few options for receiving the money if the assets are coming out of a 401(k) plan. You can roll them over into your qualified retirement plan, defer taking a distribution until your former spouse retires, or you can cash out your portion of the balance. However, keep in mind that if you are not 59 ½ years of age at the time of the payout, you might have to pay income taxes on it, in addition to a 10% early withdrawal penalty fee.
Schedule a Consultation with an Experienced Divorce Attorney!
If you are getting a divorce and have retirement assets, you need an experienced attorney on your side to ensure the process goes smoothly and does not result in unnecessary penalties or fees. At H. Benjamin Perez & Associates, P.C., our divorce team has the knowledge and insight necessary to effectively represent your case and protect your interests. Too much is at stake, so put your trust in a top-rated team before moving forward with this life-changing decision.
How is Spousal Maintenance Determined?
November 26, 2019 | By H. Benjamin Perez & Associates, P.C.
In New York, spousal maintenance can be awarded for life or for a set period of time and, contrary to popular belief, it is also gender-neutral. In order to determine how much and for how long spousal maintenance should be awarded, the court will examine several factors. However, the couple’s standard of living will be the primary focus when determining this award.
Factors a Judge will Consider to Determine Spousal Maintenance
A vast array of factors are considered before awarding spousal maintenance in a divorce case. Courts must consider the property owned by both spouses, especially if they have other substantial resources, such as a large inheritance.
Here are some of the other factors considered when determining spousal maintenance:
- The duration of the marriage: The longer the duration of the marriage, the more likely it is that a judge will order a larger spousal maintenance award, especially if the requesting spouse stayed home with the children and earned notably less than his or her spouse.
- The overall health and age of both parties: If the requesting spouse is in poor health or senior in age, he or she would likely receive spousal maintenance.
- The current and future earning power of both parties: There will be a significant amount of focus on how much the requesting spouse makes and if he or she will have the ability to be self-sufficient in the future. If it appears that the requesting spouse will eventually become self-sufficient, spousal maintenance might only be awarded for a short while.
- The requesting party’s need for training or education: In some cases, spousal maintenance might be awarded to help the recipient pursue training or education that can ultimately result in his or her ability to become self-supporting.
- If the requesting spouse’s ability to increase earning power is inhibited by the ongoing care of young children, adult children with disabilities, or elderly parents: If the requesting spouse must care for children or elderly parents, the court understands this would hinder his or her ability to be self-supporting.
- If either spouse wastefully dissipated marital assets: If one spouse wasted or failed to preserve marital assets, this would have a substantial impact on spousal maintenance.
Other factors a judge will consider include the tax consequences each party would face, the contributions the requesting spouse made to his or her spouse’s career, the loss or cost of health insurance, and any other factors deemed relevant to determining spousal maintenance.
Discuss Your Case with a Top-Rated Divorce Attorney Today!
Spousal maintenance is crucial for a lower-income earning spouse after a divorce, especially if he or she cared for children while the other spouse pursued a career. At H. Benjamin Perez & Associates, P.C., our divorce team is here to provide you with the skilled legal assistance you need to help you obtain the results you deserve.
3 Steps to Take If You’re Facing Child Sex Abuse Allegations
November 22, 2019 | By H. Benjamin Perez & Associates, P.C.
The following are three steps you must take immediately after learning about the false accusations. These steps will protect your rights and help to avoid being criminally charged:
Hire a criminal defense lawyer – While you may believe hiring an attorney might be misconstrued as a sign of guilt, an experienced lawyer can protect your rights and provide advice on what to do. Once you have hired an attorney to represent you, law enforcement cannot not question you about the allegations without your attorney present.
Do not make a statement – If you are approached by the police, avoid answering any questions or making any statements until you speak with a lawyer. You can inform the individual that you cannot talk about this matter until you have consulted with your attorney or until a later date. However, if an employer or human resources department asks about the allegations, you may be asked to answer their questions without a lawyer present. While you may get fired for refusing to answer questions about the accusations, refusing to do so may be the best course of action. Any answers you provide to your employer regarding the alleged incident will likely be turned over to law enforcement. Again, reach out to a lawyer as soon as you learn about your allegations.
Build your defense – Collect and preserve any evidence you have that relates to the alleged victim and the relationship you two share. Common forms of evidence include photos, videos, text messages, e-mails, and computer records. The evidence can establish a platonic relationship between you and the alleged victim or show that you were somewhere else when the incident occurred. Additionally, create a list of potential witnesses who have information about the allegations, the alleged victim, or your relationship with the victim.
Not only does a conviction for child sex abuse lead to prison time and sex offender registration, but also the loss of employment, loss of child custody, and even a civil lawsuit for damages suffered by the alleged victim. At H. Benjamin Perez & Associates, P.C., our New York City lawyer can investigate the allegations, gather evidence, and develop a strong and effective defense strategy to help you avoid serious criminal penalties.
What You Need to Know About Divorce
March 18, 2018 | By H. Benjamin Perez & Associates, P.C.
Are you considering filing for a divorce in New York? If so, there will be several important issues which you will have to consider and resolve. At H. Benjamin Perez & Associates, P.C., we understand how difficult these situations can be and so are dedicated to doing everything in our power to ensure that the process goes as smoothly as possible. By being well-informed regarding the divorce process, you will be better able to make the best decisions for you. By law, divorce is simply the legal ending of a marriage. These cases can only be heard in the Supreme Court of the State of New York, as Family Court is only able to help in cases like child support, spousal support, and child visitation.
It is also important to realize that you may be able to qualify for an annulment. This is different from a divorce in that it states that the marriage was never legally valid, meaning it never really took place. There are strict guidelines in place that determine whether or not a couple could file for an annulment. These include bigamy, the inability to have sexual relations, or if the spouse becomes insane after five years of marriage.
If an annulment is not an option and you wish to pursue a divorce, the first step will be to buy an index number. This is done at the clerk's office of the county in which you reside and then you will file a summons with notice. At this time or even earlier, it is important to meet with a lawyer regarding the details of your case. Not only can divorce cases be complex, but there could be a lot to lose. By having a strong legal advocate on your side, you will be able to have peace of mind regarding your best interests. Please, contact an NYC divorce attorney from our firm to learn more!
The Differences Between Contested Divorce and Uncontested Divorce
March 27, 2018 | By H. Benjamin Perez & Associates, P.C.
Once you have come to the decision to legally dissolve your marriage, there are numerous different issues you will have to think through before filing for a divorce. It is important to be aware of the differences between an uncontested divorce and a contested divorce so that you can be prepared for any eventuality. In most cases, the couple will be able to file for an uncontested divorce. With 95% of divorce cases able to be resolved in this way, it is by far the more common route. It is only when there are key issues that the couple cannot come to a resolution on that the case may have to go into litigation.
In general, uncontested divorce is more beneficial than contested divorce. For example, it is much more cost-effective and can be resolved in a much shorter amount of time. It is also less emotionally stressful on everyone involved. The couple works together with a legal representative or mediator to resolve the key aspects of their case. Child custody, property division, spousal maintenance, and more, are important issues that will need to be worked through before the divorce can be finalized.
When it comes to issues like child custody and property division, however, it can be difficult for the couple to see-to-eye. Despite their best efforts, the couple may not be able to compromise and negotiate these issues. In these cases, the contested divorce may have to go before a judge. Our team is able to handle both uncontested and contested divorce cases, so you will be able to have peace of mind knowing that a competent legal advocate is by your side every step of the way, whatever happens. Call today to tell us about your case!
Atty. Perez Defends High-Profile Money Laundering Case
March 23, 2016 | By H. Benjamin Perez & Associates, P.C.
Attorney H. Benjamin Perez of H. Benjamin Perez & Associates, P.C. is defending a high-profile money laundering case in New York City involving the top executives of one of Honduras’ largest banks. Honduran bankers Jaime Rosenthal, Yani Rosenthal and Yankel Rosenthal have been federally indicted in a U.S. District Court in the Southern District of New York in connection with a long-running drug cartel money laundering scheme. Attorney Perez will represent Andres Acosta Garcia, a bank lawyer who was charged along with the executives.
According to investigations conducted by the Drug Enforcement Administration (DEA), the four defendants allegedly used their positions in the banking system at Banco Continental to launder the proceeds of narcotics trafficked from Central America to the United States. The defendants are all charged with one count each of money laundering, carrying a maximum of 20 years in prison if convicted.
This case is one of the largest cases in Central America and is currently the largest in Honduras. One of the defendants, Jaime Rosenthal, is on Forbes Richest list. According to Forbes, the Rosenthal fortune is estimated to be worth $1.2 billion in Central America’s poorest nation.
High-Caliber New York City Criminal Defense Lawyer
If you are facing federal criminal charges, it is urgent you retain the services of a skilled New York City criminal defense attorney from H. Benjamin Perez & Associates, P.C. as soon as possible to protect your future and freedom. Having earned a perfect 10.0 “Superb” Avvo Rating and a 2015 Avvo Clients’ Choice award for our trial-tested advocacy, we can provide the aggressive defense you need to maximize your chances of securing a desirable outcome for your situation.
What Are The Grounds For Divorce In New York?
July 23, 2015 | By H. Benjamin Perez & Associates, P.C.
Currently, the state of New York follows 'no-fault' divorce laws which allow a couple to pursue divorce without showing misconduct in the marriage or getting separated first. A no-fault divorce can occur if one spouse states that the marriage has been broken for at least six months. This reason for divorce is often termed the 'irretrievable breakdown' reason for pursuing divorce and this only became an option after October 12th, 2010. The court can only give a divorce on these grounds if one spouse gives a statement, under oath, regarding the breakdown and all divorce-related issues have been resolved. Divorce-related issues include property division, child custody, visitation, and spousal support.
Aside from a no-fault divorce, there are grounds that can result in a fault-based divorce, such as:
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- Cruel and inhuman treatment- your physical and/ or mental health is in danger if the marriage continues
- At least one year abandonment- your spouse has left you or kicked you out without the intention of returning
- Three consecutive years in prison after the marriage- your spouse must have actually served three or more years before you can file a fault-based divorce due to incarceration
- Adultery- requires a witness other than yourself and will not qualify if you also committed adultery or more than five years have passed since you discovered the adultery
- Judgment of Separation- you and your spouse have had a written 'Agreement of Separation' for at least one year.
Interested in a Divorce? Our Firm Can Help.
If you are looking to pursue divorce in New York, it is critical that you have an informed and experienced divorce attorney by your side. H. Benjamin Perez & Associates, P.C. can make sure that your rights are protected and assist you in the filing process.
Contact us to set up your free consultation and get started in your divorce. We are dedicated to your best interests and will work tirelessly to protect them!
Supreme Court Rules Same-Sex Marriage Legal Nationwide
July 10, 2015 | By H. Benjamin Perez & Associates, P.C.
On June 26th, 2015, the United States Supreme Court ruled – in an incredibly narrow 5 to 4 vote – that same-sex couples have the right to marry all across the country. The ruling will officially put an end to the bans on same-sex marriage that 14 states had maintained until that day. The controversy surrounding the decision stems from there.
Many people who oppose the ruling cite that it is an obvious infringement upon the rights of states who had voted and decidedly banned same-sex marriage. Others felt that it would be a violation of religious freedoms to allow same-sex couples to enter what they saw as a sanctimonious institution.
Supporters of the decision argue that marriage is a symbol of true happiness and love between two individuals. By denying the right to marry based on their gender, they felt it was a violation of their liberty to pursue happiness.
Opinions Aside: What Else Is Changing?
Both sides of the controversial decision have their reasons behind their arguments, and there is sure to be turmoil about the ruling for quite some time to come. But looking at the situation objectively, what else is going to be altered, other than the right to marriage?
Most notably, and perhaps even ironically, same-sex couples may now file for divorce in any state, regardless of where they were originally married. To many, this comes as a huge relief, as they were trapped in marriages they wanted to dissolve but couldn’t due to state boundaries. Other portions of family law might be modified to reflect the decision as well, such as child custody and fathers’ rights, but there is no strong indication of exactly what will happen as of yet.
If you and your same-sex partner live in New York and have questions regarding family law issues, you can come to H. Benjamin Perez & Associates, P.C. for answers. Our New York City divorce attorneys have been assisting and supporting families in their times of need for more than 20 years. Call (646) 770-0989 today to request a free initial consultation.
DUI arrest at a police checkpoint
April 02, 2015 | By H. Benjamin Perez & Associates, P.C.
A DUI conviction, even a first offense, can cost thousands of dollars and seriously disrupt a person's life. Many people arrested for DUI are done so at a police or highway patrol checkpoint. A court case based on a checkpoint arrest can be far different from one based on a traffic stop, and the chances of conviction can be affected by the nature of the accusation.
Traffic Stops
A traffic stop involves probable cause and the officer pulling the driver over because that officer noticed some sort of driving behavior. In the case of a DUI, the officer may have noticed that the driver was weaving across the lane. Once this happens, the officer can detain the driver to investigate whether or not the driver is under the influence of alcohol or intoxicated. The officer can smell inside the vehicle for signs of alcohol or drug use. The officer will make an arrest if he or she determines that the driver is under the influence of alcohol or drugs. If this case is brought to court, the prosecution will likely admit the police officer's testimony, police records of the incident, and any camera footage showing evidence of intoxication, which will can increase the likelihood of a conviction.
DUI Checkpoints
A DUI checkpoint stop differs from a traffic stop in that the officer does not have probable cause to stop the vehicle. Because of this fact, the officer may be limited on what is legally and constitutionally acceptable. A motorist should NEVER admit to having consumed alcohol. Upon being stopped, the officers will likely ask the motorist “How much have you had to drink this evening?” Motorists should understand that there is only one right answer to that question, “I have not been drinking, officer.” Admitting to have consumed any alcohol, even two beers, is an admission by the motorist of having broken the law. In many states, a motorist has a right to not answer any questions when being stopped without probable cause. Legal experts in New York have contested the notion that motorists have the right to remain silent when questioned at a DUI checkpoint. The police officers at the checkpoint will not discuss these rights because they would prefer the DUI suspect self-incriminate and make the prosecution's case solid.
If you find yourself at a checkpoint after consuming any amount of alcohol or drugs, your best defense is avoiding self-incrimination. Don’t refuse to answer the officer’s questions. However, there is no need to assist the officer in his or her investigation against you. Be courteous and do not argue with the officers. The officer may repeat these questions and use a bit of intimidation to get the evidence needed, so you must stay firm, calm, and respectful.
The logic in this case is simple; once the officer notices that you have any indication of having consumed an intoxicating substance, you will be arrested, and the prosecution will begin to build a case against you.
Helping Your Children Through Divorce
April 02, 2015 | By H. Benjamin Perez & Associates, P.C.
Divorce is very hard on everyone involved. This is especially true with children. Though we all hope that they will adjust just fine, it does come with many challenges, depending on their ages. When you have custody of your children, it is your responsibility to help them get through the healing process, even if you are struggling too.
Here are some tips to help your children cope with the divorce.
- Talk to your children about the divorce. Make sure they know the divorce is not their fault. Let them talk to you about their feelings and be sure to carefully listen to them. Let them ask questions and really try to answer them the best you can.
- Encourage your children to talk to you anytime. Many children, especially teenagers, will bottle up their feelings. Make sure your children know you are available to talk to them. Let them know that you will listen to them, no matter what they have to say, even if they think it will hurt your feelings. Be sure to listen to them closely and ask questions.
- Find a new way to get along with your ex. You are going to have to deal with your ex for many years regarding your children. You do not have to be friends, but you can’t argue in front of the children. Instead, you are going to have to be civil with each other. You are going to have to learn to discuss the children together.
- As soon as possible, you are going to need to set a new routine. Children do best with a routine. Both houses need to follow the same routine as closely as possible. This will make the transition a little easier. You should also try to have the same rules and punishments at both homes so the children know how they are supposed to behave.
Divorce is hard on children so you need to talk to them about it. You also need to really listen to them, no matter how hard it is. Encourage your children to talk to you about anything. You really need to find a way to get along with your ex for the sake of your children. It will make the next few years a little easier.
Contact us for any other legal help that you may need.
Disputing Child Custody: Who Should Get Your Children
March 18, 2015 | By H. Benjamin Perez & Associates, P.C.
Divorce is very hard on everyone involved, especially when there are children involved. Child custody can make divorce proceedings last longer than necessary. Many parents fight very hard over their children. However, it does not have to be that way.
Here are some questions to consider to help parents decide who should get custody of the children.
- Think about your children. Who takes care of the children most of the time? Should that stay the same? Which parent has more time for your children? Though both of you may work, you want to make sure that the parent who has the children will have plenty of time to spend with the children.
- Which parent is able to care for the children in every way? Children need to have a happy and stable home, especially during the early part of divorce. They may have a lot of trouble adjusting to the divorce and will need a lot of love and attention.
- Where will the children live? Can your children stay in the same home that they have always lived in? If not, who is going to have the best home to raise your children in? Will your children have to change schools? Do you want them to?
- Is family close by? It may help to have extended family close by to help everyone adjust. If some (or a lot) of family is close by, that may really help the children adjust to the divorce. It will also help a parent adjust to life as a single parent.
- Sometimes, you can ask children who they want to live with. They might be old enough to decide who they want to live with.
It can be really difficult to decide who should get custody of your children during a divorce. A judge handling a custody case will make a decision based on what is in the best interest of the children, and the above questions will be considered in rendering that decision.
Look at every option and do not let your feelings cloud your judgment so your children can have a happy and stable home to grow up in.
Contact us for all of your legal needs.
Mail Fraud
March 03, 2015 | By H. Benjamin Perez & Associates, P.C.
People who are accused of mail fraud often don't realize the seriousness of this charge. Since the United States Postal Service is a federal agency, someone who commits a crime using the mail may face charges at the federal level. Laws have recently been expanded to include private carriers such as Federal Express.
Although postal inspectors investigate most cases of mail fraud, they may also call in the Federal Bureau of Investigations (FBI). As you can imagine, facing questioning from the FBI is very intimidating for most people. However, all mail fraud suspects have the right to have a criminal defense lawyer present during any questioning by law enforcement officers.
What Constitutes Mail Fraud?
Most cases of mail fraud involve a financial scheme of some sort. One person or group of people defrauds another by collecting money and not delivering the promised product or service. It doesn't matter if the scheme started on the Internet, in person, by telephone, or through the mail as long as it utilized mail service in some way. To be charged with a crime, the person or group accused of mail fraud must have intended to defraud someone else.
Someone convicted of mail fraud could receive a prison sentence of up to 20 years, a fine up to $250,000, or both. If the mail fraud involved a financial institution, a person found guilty of mail fraud could face up to 30 years in prison and a fine of up to one million dollars in the worst cases.
It is common for mail fraud to be included with other charges, such as federal racketeering. That is why working with an experienced law firm like H. Benjamin Perez & Associates, P.C. is so important.
Discuss Your Case with Us
If you or a loved one is facing mail fraud charges, or any type of federal charge, you need to hire an experienced criminal defense attorney as soon as possible. The longer you wait, the longer the prosecution has to build a case against you. We invite you to contact us to discuss the details of your case today.
Understanding the challenges of asset division
February 12, 2015 | By H. Benjamin Perez & Associates, P.C.
There are two main aspects of divorce that can be contentious:
- Child custody
- Asset division
While most people view child custody as the most difficult topic on which two married persons may have to agree, asset division sometimes leads to even more friction. This is especially true if there are significant assets involved such as houses, retirement plans, or stock options. Negotiations about who’s getting what can be very complicated in this kind of situation. This article discusses the challenges of asset division.
Monetary value is just a factor among others
One of the main reasons why divorcing parties can’t agree on asset division is because they don’t always claim assets based on their monetary value. Instead, each party tries to get the assets that will provide them with enough financial security in both the short and long run. Under such circumstances other factors must also be taken into account, including:
- Tax repercussions
- The level of liquidity of those assets
As you might know, certain assets can be turned into cash faster than others, which is why they are described as liquid. For example, stock options are more liquid than houses.
The type of state where the couple used to live
When it comes to asset division, there are two types of states:
- Community property
- Equitable distribution
In the first type, courts consider that each spouse is entitled to 50% of all marital property. While in equitable distribution states, courts focus more on the fairness of the asset distribution. New York is one of the 41 equitable distribution states in the country.
If you’re on the verge of getting divorced and you've accumulated many assets while being married, please contact us and we’ll assign you one of our highly experienced attorneys.
Child Custody: The Difference Between Legal Custody and Physical Custody
February 06, 2015 | By H. Benjamin Perez & Associates, P.C.
Child custody can be a difficult topic for parents to discuss. Before appearing in New York family court, it is imperative that both parties understand the definitions of legal custody and physical custody.
Legal custody designates who will have the legal authority to make decisions on behalf of the child. Where the child will go to school and what religious upbringing the child will have are examples of the types of decisions involved. Options of legal custody include sole legal custody and joint legal custody. In the case of sole legal custody, the court designates one parent as having the legal authority to make decisions on behalf of the child. Conversely, a joint custody arrangement gives this legal authority to both parents. The court usually orders a joint custody arrangement where both parents equally share the legal authority.
Physical custody, also sometimes referred to as residential custody, defines where the child lives the majority of the time. There are two common types of physical custody.
Sole physical custody means the child physically resides in one location with the court-appointed parent. Unless it has been proven that it is not in the best interest of the child for any reason, the non-custodial parent has visitation rights. These visitation rights outline how often and under what conditions the non-custodial parent can spend time with the child. Generally, visitation rights are generous and usually include sleepovers and vacations.
The child splits the time he/she lives with each parent in a joint physical custody arrangement. Joint physical custody is also known as shared custody. The child lives with one parent for part of the time, such as half a week or even half a year, and with the other parent the remainder of the time. It is important to understand that sharing joint legal custody does not automatically mean parents share joint physical custody.
A lesser-known and relatively new concept in child custody is Bird's Nest Custody. In this situation, the child remains in the family home, but the parents set up separate residences and share their respective visitation time with the child at the child's home. Some parents prefer this arrangement because it results in a less disruptive alternative for the child. However, it can also be an expensive option since the parents are responsible for supporting three households.
For the best advice to limit the stress of custody hearings, contact us. One of our experienced and knowledgeable attorneys is ready to help you.
How to Find the Best NYC Divorce Lawyer
February 02, 2015 | By H. Benjamin Perez & Associates, P.C.
Divorce can be stressful, and it's hard to know what to do when you're under stress. That's understandable, but what happens in your divorce can impact the rest of your life, and it's important to create a smart plan, do your homework and make smart decisions throughout the process. One of the most important decisions you need to make is which divorce attorney you hire.
Here are 5 tips to help you choose the best New York divorce lawyer to represent you:
Don't procrastinate: the decision to divorce does not happen overnight. Most of the time, couples struggle with the decision for months or years. It's normal to try to reconcile several times before you know the marriage is not going to work. But once you do, you need to start researching lawyers. Above all, you'll want to give yourself enough time to research and meet with the attorney who has the most experience to adequately represent you.
Identify your goals: every couple is different, and so is every divorce. In some cases, couples remain friendly. In others, they argue over every issue. If you and your spouse are still getting along, you might want to opt for an uncontested divorce. If you're not, you'll need a lawyer who will fight for you in court. Some divorces are relatively simple, while others involve thorny issues like alimony, child support and asset division, in which case you need to make sure the lawyer you hire has a good deal of experience representing clients with these needs.
Research the lawyer: if you Google "divorce lawyer New York City," you'll come up with more than 14 million search results. Certainly you could focus on the first two or three pages of search results and gather information from the webpages of these law firms. But this hit or miss method often produces more confusion than helpful information. Instead of simply reviewing a divorce lawyer's website, check out the lawyer's online reviews on Google or Avvo.com. See what former clients have to say about the lawyer's level of service and experience. The reviews should help you answer most of your questions, such as how helpful and available their lawyer was, and what the final result was.
Schedule consultations: once you have your short list, you need to meet with the attorney who is the best match for your needs. When you meet, be prepared with a list of all of your questions, including the hard ones. Be sure to ask the lawyer with whom you meet if he or she is the one who will represent you in court. And be sure to ask how successful the lawyer who represents you has been with cases similar to yours.
Listen to your gut instincts: hiring a divorce lawyer isn't like hiring a plumbing contractor. Because of the personal issues involved with your divorce and the length of your business relationship, you need to trust and be comfortable with your lawyer. During your consultation, note your personal feelings about the lawyer and whether this is someone you feel you can work with.
Finding the right attorney can mean the difference between getting what you deserve and getting shut out. Take the time to get good referrals and to consult with an attorney who has the skills to meet your needs and adequately represent you. It's an investment of your time that will pay off in the long run.
For more information about the ways an experienced divorce attorney can help you achieve your goals, contact us today.
Important Paperwork for Child Custody Cases
February 02, 2015 | By H. Benjamin Perez & Associates, P.C.
Are you seeking custody of your children? If you are considering filing a child custody case with the court then there are a few important things to prepare and take with you to your hearings. Family law cases and be complex, especially with all the legal paperwork, deadlines and regulations that you have to follow.
With an experienced NYC divorce attorney by your side you will be informed of exactly what you need to bring to court, how the legal paperwork should be filled out and when it should be filed. These are all essential factors in child custody cases because if they are done incorrectly or you miss a step it could cause a serious delay in your case.
So here is a friendly, helpful tip from our New York City divorce lawyer at the firm. There are a few important documents that you must bring with you to court hearings, including:
- The birth certificates for all of your children
- The judgment of divorce paperwork
If these documents are missing or you forget to bring them to court with you for your custody hearing, then the judge may refuse to address your case and could even have the hearing rescheduled.
Family law judges will often request this type of legal paperwork while in court and they are vital to keep the process moving forward. Remembering little things such as these will help avoid delays in your case and assist in swiftly resolving your family law matter so that you can get back to living your life.
Get Legal Guidance from an NYC Child Custody Lawyer
If you are unfamiliar with the child custody court process, then it is definitely in your best interests to obtain an experienced family law attorney sooner rather than later. This can help boost your chances of obtaining a favorable outcome in court and resolving your family issue in a timely manner. Contact us here at H. Benjamin Perez & Associates, P.C. today to speak with our NYC divorce lawyer. Your initial consultation is free!
Noticeable Shift in Child Custody Decisions
August 07, 2014 | By H. Benjamin Perez & Associates, P.C.
Twenty years ago men had difficulty obtaining equal child custody and visitation rights in court because the courts innately favored the mother and her gender roles. While the courts have always claimed that both parents have equal rights in custody cases but that was never actually true or apparent until recently. In the past several years there has been a major shift in the way courts make decisions in child custody cases.
The new and popular trend nowadays if that more and more fathers are being granted custody of their children. You might be asking yourself, what is the reason for this shift? Why are the courts finally started to recognize fathers' rights and award equal custody rights to both parents? The main reason for this perceived shift in custody cases is due to the fact that many more women are joining the work force. This means that there are less and less stay-at-home moms today than there were 20 years ago.
The work force used to be made up of mostly men and this stereotype has drastically changed over the years. This could be because more women feel empowered and independent, or it could due to the fact that many families need two incomes to be financially secure and profitable. With more and more families operating on split incomes, there is bound to be a change in the dynamic of child custody and family law cases.
If you need help seeking child custody or visitation rights, then our New York City firm can help. We are highly adept in custody and family law cases and we can help you work to protect your rights as a parent. Hire an NYC divorce lawyer to help you with your child custody dispute today.
Criminal Defense Do's and Don'ts
July 24, 2014 | By H. Benjamin Perez & Associates, P.C.
After you are arrested for an alleged crime, there are certain actions you should take and others that you should definitely avoid. The steps you take now can have a major effect on the outcome of your criminal case, so it is best that you proceed with the highest level of caution. Our NYC criminal defense attorneys at H. Benjamin Perez & Associates, P.C. provide a list of criminal defense "do's" and "don't" for individuals who are confronted by police or arrested.
Do's:
- Do exercise your right to remain silent after an arrest by refraining to answer question by police until a lawyer is present.
- Do pay attention to whether the arresting officers read your Miranda Rights.
- Do contact an experienced attorney as soon as possible so you can begin immediately working on a solid defense plan.
- Do understand that each criminal case is different and that you will need to choose the defense option that best meets your needs—i.e. negotiating a plea bargain, filing a motion to have your charges dismissed, fighting your charges in trial, etc.
- Do follow all of the court's orders. For example, the court might order you stay in the state while your case is ongoing, to show up to all court hearings and/or to refrain from contacting certain individuals.
Don'ts:
- Don't resist arrest. This could lead to additional criminal charges.
- Don't answer officers' questions without having a lawyer present, even if the questions seem harmless.
- Don't give officers consent to search you or your property without a search warrant. (This generally applies prior to arrest.)
- Don't plead guilty without first consulting with a lawyer. There are many cases in which the defendant has a winning defense without even realizing it.
- Don't attempt to contact anyone who has an order of protection filed against you. This person is usually the alleged crime victim. Also, avoid contacting any witnesses who are scheduled to testify in your case. Either of these actions will only get you into more trouble with the law.
Once you call our firm, we can provide you with further guidance concerning your criminal matter. Contact us for help protecting your rights and your chances of reaching a positive case result!
New York Authorities Announce Major Gang Bust
June 17, 2014 | By H. Benjamin Perez & Associates, P.C.
New York police recently conducted one of the largest gang busts in the city's history, arresting dozens of men in a major sweep.
Approximately 500 officers stormed the Manhattanville and General Grant houses before dawn last week, looking for suspects in a violent gang war which has been waged for a period of over a decade.
Police arrested members of various street gangs, with names such as "3Staccs," and its rival gangs "Make It Happen Boys" and "Money Avenue." In all, cops arrested 40 people who are alleged to have been affiliated with the groups. Additionally, police arrested 40 suspects who were already incarcerated on other charges, and continue to seek approximately 20 more.
One of the most prominent victims of the violent turf wars was 18 year old basketball prospect Tayshana "Chicken" Murphy, who was killed in 2012 when a trio of Manhattanville members went to seek vengeance on an innocent victim from Grant, after one of their own members was beat up.
Over the past four years the three gangs were allegedly responsible for seventy non-fatal shootings and two murders.
Just last month the DA's Violent Criminal Enterprises Unit, which is spearheading the crackdown, announced the guilty pleas of two gang members who were involved in the feud between Johnson and Taft houses.
If you or someone you know has been involved in a violent gang war, then obtaining an aggressive legal defense attorney is definitely in your best interests. At H. Benjamin Perez & Associates, P.C., we handle all types of violent crime cases and we stand ready to take your case to trial and defend you in the courtroom. Speak with Attorney H. Benjamin Perez today about your criminal case to find out what we can do for you.
Man Arrested for Assaulting V. Stiviano
June 16, 2014 | By H. Benjamin Perez & Associates, P.C.
V. Stiviano burst onto the world stage recently when she allegedly released a recording which contained audio of Los Angeles Clippers owner Donald Sterling ranting that he did not want her to bring black people to his games. While in New York to film an interview recently, Stiviano was allegedly assaulted by a man outside the Gansevoort Hotel. Now, a New York man has been arrested in connection with the assault, and is being charged with hate crimes.
In early June 40 year-old Old Bethpage resident Dominick Diorio was arrested in connection with the Stiviano assault. Apparently he and a group of friends spotted Stiviano as she walked in the city and put his cell phone up to take a picture. Stiviano reportedly knocked his phone out of his hand. Diorio, along with another man and a woman, then allegedly followed Stiviano. After berating her verbally, Diorio allegedly struck her after she entered a taxi cab.
Diorio is being charged with third degree assault as a hate crime, aggravated harassment, and assault.
31 year-old Stiviano was reportedly "banged up" in the altercation, but is doing "OK."
Have you or someone you know been charged with assault in New York? Here at H. Benjamin Perez & Associates, P.C., we fight tirelessly for the criminally accused. Our experienced criminal defense lawyer, H. Benjamin Perez, has defended against countless violent crime charges and our team is ready to offer you the highest level of service. Call our elite trial lawyers today for the aggressive defense you need to fight your criminal charges.
Is an Online Romance Grounds for Divorce?
June 13, 2014 | By H. Benjamin Perez & Associates, P.C.
Throughout the years courts across the country have ruled that infidelity is sufficient grounds for divorce. In fact, in many pre-nuptial agreements infidelity is specifically cited as a critical factor which may affect the execution of the agreement. But in the modern age, what does and does not constitute infidelity has become less well-defined than in years past.
Traditionally cheating was considered to have been an extramarital sexual relationship, or a relationship which at least involved some kind of inappropriate physical contact. But now many people take to the internet when looking for romance outside of their marriages, and often times they conduct full-blown relationships in cyberspace while never meeting in person. The recent case of Anthony Weiner, who was caught exchanging racy messages with women behind his wife's back, highlights this growing trend.
New York effectively has a no-fault divorce system, meaning that one spouse does not have to prove infidelity in order to be granted a divorce. Also, if one spouse is found to have been unfaithful that fact does not affect the overall divorce settlement. Still, legal experts who weighed in on the Weiner case mostly agreed that, though his actions did rise to the level of infidelity, they probably would not have been sufficient to be granted a divorce under a fault divorce system.
Online romance is definitely a growing trend with all of the social networks and chat rooms there are online today. Has your spouse been caught in an online romance? Did their romance ultimately lead to infidelity? The fact that they were unfaithful may solidify your decision in filing for divorce, but other than that it does not hold much weight in court. If you are looking to file for divorce in New York, our team is here to provide top-notch support and guidance. Contact our office today to schedule a Free Case Evaluation and discuss your case.
Does A Divorce Case End If One Party Dies?
June 11, 2014 | By H. Benjamin Perez & Associates, P.C.
A New York judge has ruled that a widower cannot claim his wife's assets, approximately a year after she committed suicide.
Aleida Veronica Bordas, a teacher and naval reservist, filed for divorce from her estranged husband, David Bordas, in September 2012. In April 2013 she committed suicide, but not before she cut him off from receiving any proceeds from her estate. Bordas left $500,000 to her 10 and 13 year-old daughters, children she shared with her estranged husband. She also indicated that if the girls were to be unable to receive the money it would go to her boyfriend.
David filed a motion in January, as part of ongoing divorce proceedings, which said that his deceased wife had unlawfully moved money which should have been part of the couple's divorce. But, ruling against the man, Supreme Court Justice Paul Marx said that though "it is regrettable that Aleida violated the automatic orders and seems to have reached beyond the grave to thwart David's efforts to recover his share of her assets, this court is unable to remedy the violation in this proceeding."
At issue is whether or not a divorce case ends when one party dies. Andrea Catalina, attorney for David Bordas, believes that is does not, in contrast with Justice Marx. Bordas and his attorney are reportedly considering an appeal.
As experienced divorce attorneys this could be a serious issue that requires legal expertise and aggressive litigation. If you are facing an issue similar to this and you require legal assistance, please do not hesitate to contact our New York City divorce law firm.
Radio Host Fraud Case Sent to Marital Court and Sealed from Public
June 06, 2014 | By H. Benjamin Perez & Associates, P.C.
A civil case, filed by the ex-wife of Guardian Angels founder, Curtis Sliwa, against him and his girlfriend, will be moved to divorce court as a result of a ruling by Manhattan's top civil judge. Chief Administrative Judge Sherry Klein Heitler sent the case to be heard by a judge who handles post-divorce disputes, ruling that the issue "arises out of a matrimonial matter." Legal experts are questioning the ruling, with some labeling it "unusual."
At issue is a claim made by Mr. Sliwa's ex-wife, Mary Sliwa, that Mr. Sliwa and girlfriend Melinda Katz misappropriated nearly $500,000 worth of marital assets before the couple's divorce in 2012. The details of the proceedings will now be sealed, as a result of having been moved to marital court. But, in previous revelations, Ms. Sliwa released private recordings of conversations between her ex-husband and his girlfriend, such as one in which her ex-husband brags about his sexual abilities to Katz.
Ms. Sliwa's attorney says that he believes that sending the matter to marital court, and thereby sealing it from the public record, is irresponsible and not right. He says that they are still considering appealing the ruling because the public has the "right to know what's going on" with public officials.
Are you in the middle of a contested and complex divorce case? The divorce process is intricate and can get easily complicated. That is where we come in. If you are considering filing for a divorce contact our New York City office for free initial consultation.
More Woes for Bronx Educators as Teacher Arrested for Giving Student Alcohol
June 05, 2014 | By H. Benjamin Perez & Associates, P.C.
A New York City teacher was arrested this week and charged with giving alcohol to a student.
The 26 year-old suspect was arrested by officers with the New York City Police Department at about 6:00 pm on Tuesday, on charges of endangering the welfare of a child. According to a report in the New York Daily News, the Bronx Academy High School teacher allegedly gave alcohol to a 16 year-old female student on at least two occasions.
The teacher was arrested in the Midtown South Precinct, and was off duty at the time. The arrest comes in the wake of the early May arrest of a Bronx assistant principal who is charged with having punched one of her teachers in the face. Apparently, the two women became engaged in a heated argument at Public School 49 in Mott Haven, when the assistant principal allegedly struck the teacher.
If you have been arrested for a similar crime, then your career and reputation are now on the line. Our premier criminal defense lawyer, H. Benjamin Perez, is a highly recommended and award winning trial attorney. When faced with criminal charges do not waste any time in contacting our firm. Call H. Benjamin Perez & Associates, P.C. today. We are available 24/7!
Sherri Shepherd Divorce Filing Sets Stage for Complicated Proceedings
June 04, 2014 | By H. Benjamin Perez & Associates, P.C.
On Monday, host of the daytime talk show "The View", Sherri Shepherd, took the initial steps in ending her marriage to husband of three years Lamar Sally, filing divorce papers in New Jersey.
The action follows Sally's filing legal separation papers in California several days earlier. In Sally's filing he requested full custody of the couple's unborn baby who is currently being carried by a surrogate. Unlike her husband, Shepherd apparently did not mention the child in her own filing.
According to sources Shepherd and Sally signed a prenuptial before getting married which indicated that she would retain custody of the child in the case of divorce. Additionally, the prenup is said to include a clause which stipulates that Sally will receive compensation of only $60,000 if the marriage lasts between two years and five years.
The fact that both parties filed their legal actions in different states, means that the divorce proceedings could become significantly more complicated than if they had both filed in the same state. In separate state filings, which are filed at roughly the same time - known as "concurrent filing" - usually the state in which the divorce action was filed first will hear the case. But in this situation Sally is reported to have filed for separation, not divorce. Further complicating matters will be potential issues regarding state residency, and the custody of the unborn child.
If you have filed for a divorce or legal separation and your spouse is looking to content the terms of the agreement, then things could get complicated really fast. That is why you need a trusted divorce lawyer to stand up for you both inside and outside of court. Here at H. Benjamin Perez & Associates, P.C. we handle divorce on a daily basis and we know what it takes to reach a favorable outcome in your case. Contact our office today to speak with our New York City divorce lawyer today.
Man Arrested in Connection With Beating Death of Chinese Immigrant
June 03, 2014 | By H. Benjamin Perez & Associates, P.C.
Police recently announced that they have taken a suspect into custody in relation to the Friday, May 9th beating death of an elderly man in East Village.
20 year-old Jamie Pugh was arrested Tuesday for his alleged role in the robbery and murder of a 68 year old man on East Sixth Street in East Village. According to police the victim, Ruan Wen Hui, was walking in the area after dropping off his granddaughter. The suspect is alleged to have spotted Hui, yelled at him, and then attacked him. Police say that surveillance video shows Pugh throwing the victim up against a wall, and then proceeding to punch and stomp him. The victim died Saturday after spending the night in critical condition in Bellevue Hospital.
Police say that they were led to Pugh by an anonymous tip. He is being charged with various crimes including second-degree murder, assault, and attempted robbery. At his arraignment, Pugh was ordered held without bail.
Robbery and murder charges could lead to serious felony convictions in the state of New York. If you or someone you know has been arrested a violent crime there is no time to waste. Our lead NY criminal attorney H. Benjamin Perez is an award winning, highly recommended legal advocate. Contact our New York criminal defense law firm today to discuss your case and begin building up your defense.
Writer Michael Wolff Files for Divorce without Informing His Wife
June 02, 2014 | By H. Benjamin Perez & Associates, P.C.
Biographer and USA Today media critic, Michael Wolff, recently filed for divorce from his wife, Alison Anthoine, after separating from her in 2009. But according to published reports, Wolff never informed her of the action, and news of the filing took her by surprise.
The writer is reported to have left his attorney spouse in 2009 for a then 28 year-old intern named Victoria Floethe. According to published reports which cite court records, the author, who also writes for Vanity Fair, filed for divorce in Manhattan Supreme Court last week without informing his estranged wife. Apparently Anthoine first learned of the divorce action after being contacted by the website Gawker.com. When asked to comment on the filing she at first insisted that Wolff had not filed for divorce. Representatives for the site then produced evidence of the legal action, prompting Anthoine to say "this is the first time I've heard of it."
In an ironic twist, Wolff is known for writing about the private lives, including marriages and divorces, of various media tycoons such as Silvio Berlusconi and Rupert Murdoch. But when contacted for comment on his divorce proceedings Wolff declined.
Off-Duty NYPD Officer Allegedly Shot Man in 'Random' Act
May 30, 2014 | By H. Benjamin Perez & Associates, P.C.
A vicious attack in late April saw an off-duty New York City police officer allegedly shoot a motorist who was stopped at a light in Westchester County, six times. Now, the officer has been arrested and charged with felony assault.
According to police, the officer, Brendan Cronin, randomly shot a stranger in Pelham after the man pulled up next to him on Lincoln Avenue. The officer apparently fired his weapon 13 times, striking the victim, a 47 year-old resident of New Rochelle, six times in the hand, arm, and torso. The victim's condition has not been released, but authorities say he is expected to make a full recovery.
Police also say that Cronin had been drinking before the incident, and refused a Breathalyzer test after being apprehended. Authorities have not released a motive for the alleged shooting, and according to Police Chief Joseph Benefico, the shooting appears to have been "completely random."
Cronin was initially charged with assault, but the charges may be increased to attempted murder. The situation is being investigated by the Pelham police and the Internal Affairs Bureau of the NYPD.
This incident comes on the heels of another police shooting incident about a week earlier in which a Brooklyn detective is believed to have accidentally shot his partner while under the influence of alcohol.
If you or someone you know has been charged with assault in New York, then there is not a moment to waste. Here at H. Benjamin Perez & Associates, P.C. we take criminal charges very seriously and we are standing by to help you fight your charges. Contact our top-rated criminal defense lawyers today at our New York office to discuss your case.
Long Island Woman Charged with DUI and Child Endangerment after Crash
May 29, 2014 | By H. Benjamin Perez & Associates, P.C.
A Long Island woman has been arrested after she allegedly crashed her car, which contained her three children, into a telephone pole and then attempted to flee the scene.
30-year-old Sarah Knakal was allegedly driving under the influence last Saturday on East Jericho Turnpike in Suffolk County when she collided with a signpost and a pole at about 6:00 pm. In the car with her at the time were her three children, ages 5, 7, and 9. After the accident she allegedly instructed the children to flee the scene with her, but the group was found by police officers near an East Jericho Turnpike store about 10 minutes later.
When approached by officers, Knakal allegedly shoved one of them. She was arrested and charged with aggravated assault and drunk driving with a minor. Though no one was hurt in the crash, due to the incident Child Protective Services was notified and the children were taken by Knakal's husband, who has a separate address.
She was being held on $90,000 bail.
Divorce of Donald and Shelly Sterling Could Greatly Complicate Clippers' Fate
May 28, 2014 | By H. Benjamin Perez & Associates, P.C.
Over the past couple of weeks the Donald Sterling saga has unfolded before the world's eyes. A lot has been said about the future of the Los Angeles Clippers and Sterling's potential to remain an owner of the organization. One x-factor in the ongoing drama is the role played by Sterling's wife, Shelly. Particularly interesting is the suggestion that she may file for divorce from her estranged husband, and in the process claim that the Clippers are at least partially her property, complicating an already difficult situation.
Shelly Sterling recently indicated her intention to divorce Los Angeles Clippers owner Donald Sterling, and that she is ready to fight the NBA in its attempts to force Sterling to sell. In an interview with ABC News' Barbara Walters, Shelly Sterling wondered aloud if an NBA owner's wife had made the racially insensitive comments, which precipitated this situation, would cause an NBA owner husband to have to sell.
Shelly Sterling says she believes that it would be unfair to punish her for Donald's actions, and that she believes that Donald may have made the comments as a result of the onset of dementia. She also indicated that she would "love" for him to transfer his ownership stake to her.
As the state of the Los Angeles Clippers continues to play out, it is likely that the high net worth divorce proceedings of the Sterlings will complicate an already complex situation. Though it is too early to tell exactly how the Sterling's divorce will affect the process, at its core is Shelly Sterling's claim to be half owner of the Clippers, and that the NBA should not be able to force her to sell her interest in the basketball team as a result of misdeeds done by her estranged husband.
Credit Card Debt and Divorce in New York
May 27, 2014 | By H. Benjamin Perez & Associates, P.C.
Most people are familiar with the idea that a divorcing couple will split the marital assets during the divorce process. However, marital debts are not as glamorous as houses, cars, and other valuables, and hence there is usually very little pop-culture mentions about how a divorcing couple will split their liabilities. For example, many divorcing couples have significant credit card debt. Here we will take a brief look at how New York law handles such situations.
Generally speaking credit card debts incurred by married individuals are considered to be the responsibility of both parties as it relates to divorce, and as such are generally equitably distributed. In cases where one partner runs up credit card debt in anticipation of separation or divorce, this situation may be addressed when the remaining marital property is distributed.
In cases where a joint credit card is used, or one partner uses the credit card of another as an authorized user, divorce proceedings do not nullify the contract made between the partner who obtained the credit card and the credit card issuer. As such, one partner agreeing to pay the credit card does not necessarily release the other partner from their agreement with the card issuer. Should the monthly payments not be made as agreed, the issuer may still go after the partner with which the original repayment contract was made.
Are you filing for divorce in New York? Are you familiar with how debts are divided up in a divorce case? Credit card debt can follow you even through a divorce, so be sure to hire an experienced divorce lawyer to help you navigate and understand the process. Our top-rated divorce attorney comes highly recommended. Contact H. Benjamin Perez & Associates, P.C. today for exceptional representation in your divorce case.
Marijuana Arrests in New York Down, But Still Elevated
May 27, 2014 | By H. Benjamin Perez & Associates, P.C.
Minor marijuana related arrests in New York City are down dramatically in recent years, and experts are attributing the drop to new policing tactics. But despite the drop, critics say that not enough has been done.
According to data provided by the Division of Criminal Justice Services, arrests for low level marijuana related crimes were down 34% in the first quarter of 2013, and dropped another 9% in the first quarter of 2014, to roughly 7,000. William Bratton, the Police Commissioner for the city, said that he expects the downward trend in marijuana arrests to continue, while the office of Manhattan District Attorney, Cyrus R. Vance Jr., says that police and prosecutors are working together to devise "uniform, better, and fairer" ways to handle marijuana related arrests.
Those opposed to the way New York City handles marijuana related cases say that the arrests continue to be racially disproportionate, and though the statistics are going in the right direction, abuses are still rampant. They note that, since 1977 possession of less than 25 grams of marijuana has been a non-criminal violation in the city, but that arrests went from an average of approximately 2,100 per year in 1978 to 1995, to over 36,000 per year in 1996 to 2011.
This, coupled with the fact that the vast majority of marijuana arrests coincided with the city's implementation of its controversial "stop and frisk" program - which resulted in over 75% of marijuana arrest subjects being Black or Hispanic - has caused local activists to call for more to be done.
Have you been arrested for marijuana in New York? Marijuana possession can lead to criminal consequences and penalties that we want to help you avoid. Our top-rated criminal defense attorney here at H. Benjamin Perez & Associates, P.C. can aggressively protect your rights both inside and outside the courtroom. Let us fight your charges on your behalf. Contact our office today to schedule a complimentary case evaluation and find out how we can help you!
Russian Oligarch's Wife Awarded $4.8 Billion in Settlement - New Yorkers Take Notice
May 23, 2014 | By H. Benjamin Perez & Associates, P.C.
The New York Daily News is reporting that the ex-wife of Russian billionaire Dmitry Rybolovlev has been awarded $4.8 billion, in what is being called the largest divorce award in history. 47 year-old Elena Rybolovlev was given the ruling by a Swiss court, in a settlement that will see her take more than half of Rybolovlev's estimated $8.8 billion fortune. Additionally, reports indicate that Elena may attempt to use the ruling in order to take control of her ex-husband's $88 million apartment in Central Park West. Elena was also awarded custody of the couple's 13 year old daughter Anna.
According to published reports Elena filed to divorce Rybolovlev five years ago as a result of numerous instances of infidelity. After the filing Elena reportedly tried to have Rybolovlev's bank accounts frozen, and he in turn went on a lavish spending spree, spending hundreds of millions of dollars on real estate, and even buying a share of a French soccer league team. Elena is said to have initiated court proceedings in New York, Hawaii, and Florida in order to prevent Rybolovlev from transferring assets during the divorce proceedings.
Rybolovlev's lawyer says that the judgment will definitely be appealed, and should not be considered final.
In divorce cases, often times the best strategy for getting the client what they want and deserve comes about through effective negotiations. Through negotiations divorce settlements are achieved under the parties' control. A client usually knows what assets exist and what their needs are. Divorce judges only get small glimpses of the lives of divorcing couples. As such, when a judge makes the final decision in divorce case sometimes both parties end up dissatisfied. However, there are cases where because of the stubbornness and/or greed of one of the parties, the best efforts to negotiate a fair divorce settlement fail. That is when the experienced divorce lawyer must bring all of his or her trial skills to bare on behalf of their client.
Everyone deserves a second chance at happiness. If you or someone you love is looking to file for divorce then we can help. Contact our top-rated New York City divorce law firm today to help you through the divorce process. Call us 24/7 for top-notch legal representation.
Over 70 Arrested in Child Porn Bust
May 23, 2014 | By H. Benjamin Perez & Associates, P.C.
Over 70 people were arrested in a major child porn operation in New York this week, including seemingly respectable members of the community. Among the suspects are a police officer, an architect, a Boy Scout leader, and a rabbi. The five week investigation was conducted by Homeland Security Investigations, which is a subsection of U.S. Immigration and Customs Enforcement.
70 men and one woman were arrested in the massive sweep, many of which being accused of searching for and then downloading images of children engaged in various sexual positions and sexual acts. Some of the suspects, however, were charged with producing child pornography. For example, one suspect is alleged to have secretly filmed his children's friends using hidden cameras, while the woman suspect was accused of allowing her son to be videotaped.
Though the operation was meant to send a message to producers and consumers of child porn, it also sent shock waves through the city of New York as a result of the relatively high percentage of trusted community leaders who were rounded up in the operation. For example, the rabbi who was arrested reportedly home schooled children, while the Boy Scout leader also had access to kids.
In order to conduct the bust, agents reportedly created a "digital dragnet" in May, posing as anonymous collectors and traders of child pornography. Through the network the agents were able to identify suspects' IP addresses, and track them down.
Possession and distribution of child pornography are crimes that carry serious consequences. If convicted, even a first time offender could face a minimum of five years in federal prison. When a person becomes aware that they are being investigated for child pornography, the y should immediately exercise their right to remain silent and contact a criminal defense lawyer experienced in handling child pornography cases.
As criminal defense lawyers we must do everything possible to defend our clients. In child pornography cases, a major part of that defense is working diligently to protect the client from the statutory minimum sentences associated with these types of offenses. This is achieved by having a full understanding of child pornography laws, and through effective negotiations with prosecutors.
If you or someone you know has been charged with child pornography in New York, contact our premier defense firm without delay. Attorney Benjamin Perez is an aggressive litigator and he has a track record of proven results. Call H. Benjamin Perez & Associates, P.C. now. We are available to answer your call 24/7.
NYPD Detective Suing City Over False Arrest
May 22, 2014 | By H. Benjamin Perez & Associates, P.C.
In a truly bizarre case, one New York City police department officer is suing the city as a result of the actions of another officer.
In 2011 NYPD Detective Joseph Oquendo fell asleep in his BMW at a traffic light. As Oquendo slept, police and EMT professionals arrived on the scene. After sleeping for more than 10 minutes Detective Oquendo was awakened when an officer knocked on the window of his car. Noting that there was an open beer can in the car at the time, Oquendo was arrested on suspicion of DUI.
False Charges
In the police report which was filed about the incident, NYPD sergeant Viet Cao wrote that he had found Oquendo "slumped over the steering wheel" upon arriving on the scene, and that he had knocked for several minutes on the windshield before Oquendo finally awakened. Cao also said that Detective Oquendo needed to support himself against his car in order to stand up. All of these statements were contradicted by video of the incident which was captured by a local surveillance camera. Oquendo was subsequently acquitted of all charges.
As a result of what he considers a false arrest, Oquendo is now suing the city of New York for over $2 million. Though the case has yet to go to trial, if the city is forced to pay out as a result of the incident, it will not be the first time Cao's actions cost the city money. In 2013 Cao arrested a film student who he believed was filming an NYPD precinct building, though filming a public building is not illegal. The student filed suit against the NYPD, which was later settled for an undisclosed amount.
Unfortunately, this type of behavior on the part of police officers (i.e., lying about the facts leading to an arrest) happens regularly. The sworn statements of a lying police officer are difficult to overcome. In this particular case, Detective Oquendo was lucky to have the benefit of a video recording of the incident. Exposing the lies of a law enforcement officer takes experience and skill in the art of cross examination.
Have you been charged with a criminal offense in New York City? Our premier criminal defense firm has a proven track record of successful cases and we know what it takes to get results. Our NYC criminal defense lawyer is an experienced litigator with extensive trial and courtroom experience.
New Study: Divorce Can Be Contagious
May 21, 2014 | By H. Benjamin Perez & Associates, P.C.
Often times it may seem as though the failure of one couple's marriage is quickly followed by announcements that other couples within their sphere of influence have also decided to call it quits. It is easy to simply write off such a phenomenon as being the result of coincidence rather than there being an actual causal link. But, according to a newly released university study, there may be more to the contention than originally thought.
A study, which collected data from thousands of people over 30 years, was recently published by researchers at Brown University. It found that 75% of study respondents were more likely to get divorced if they had a friend who was divorced, and 33% were more likely to divorce if a friend of a friend ended their marriage. In light of the findings researchers have concluded that divorce may be, for lack of a better term, contagious.
The findings may help explain why certain areas have higher divorce rates than others, and certain countries experience more divorce overall than neighboring countries. Researchers say that the data suggests that living in a community with low divorce rates can dramatically strengthen a couple's likelihood of staying married.
If you or someone you know is considering filing for divorce, then we can help guide you through the process. Contact the New York City firm today to schedule a free initial consultation and get started on your case.
Scorsese Nephew Arrested on Heroin Charges
May 20, 2014 | By H. Benjamin Perez & Associates, P.C.
A nephew of legendary filmmaker Martin Scorsese was arrested last week on drug related allegations.
39 year-old Frank Scorsese, who is the son of Martin Scorsese's brother, allegedly sold heroin to undercover cops who were conducting antidrug operations in Staten Island at the time. Police say that Scorsese sold them the drugs on at least three separate instances within the month of April. He is accused of selling approximately $600 worth of heroin over the three encounters.
Also arrested in connection with the drug sales were 55 year-old John Santillo and his 57 year-old wife Lori. Police raided Santillo's body shop, where they allegedly recovered approximately 72 envelopes of heroin. Upon searching Santillo's home, police say that they recovered an additional 272 envelopes of heroin, as well as prescription drug Alprazolam, and firearms.
Frank Scorsese, who was recently released from jail after serving 30 days on a weapons possession charge, was charged with multiple drug related counts and held on $50,000 bail. John Santillo was held on $76,000 bail, while Lori Santillo was held on $10,000 bail.
If you have recently been arrested for a drug crime, do not hesitate to contact a skilled criminal defense lawyer from our New York City office for help. We are available to answer your call 24/7, so call us today to begin building your defense.
Former Governor Eliot Spitzer and Ex-Wife Announce Settlement
May 16, 2014 | By H. Benjamin Perez & Associates, P.C.
Former New York Governor Eliot Spitzer and his ex-wife Silda have come to an agreement on how they will divide their financial assets after 26 years of marriage. According to published reports on their divorce, Silda will retain the couple's Fifth Avenue residence, be given a new car every five years, and be granted compensation to be used for "entertainment and activities expenses". She will also receive $240,000 per year for life, and $100,000 to donate to her favorite charities. Overall, her compensation will amount to approximately $7.5 million.
The couple originally met at Harvard in 1987 and married soon after. Spitzer made a name for himself as a tough Attorney General in New York before being elected to the governorship, which he took over in 2007. In 2008 Spitzer was implicated in a scandal in which it was revealed that he had paid a woman for sex. Spitzer resigned a week after the allegations became public. Though his wife stuck by his side through the entire scandal, the couple announced their split in late 2013.
What Happens to Student Loan Debt in a Divorce?
April 25, 2014 | By H. Benjamin Perez & Associates, P.C.
Student loan debt is a fast rising form of debt encumbrance in the United States, and has reportedly risen to over $1 trillion in recent years. But while many other forms of debt generally become shared among both parties after a marriage, as do assets, student loan debt generally does not become shared.
When a person takes out student loans before getting married, this debt does not generally become shared among both partners upon marriage, unless so specified by an outside contract or agreement. As such, in the case of a divorce, the partner who entered the marriage with student loan debt generally leaves the marriage with their student loan debt, and will not be able to obligate their ex-partner to share the burden.
When student loan debt is incurred in a marriage, it can be more difficult to determine whether or not the debt will be shared as a result of divorce, and just how much each partner will be responsible to pay. This is because student loan proceeds may have been used to help cover the daily expenses of the couple, and one partner in the marriage may have become better prepared to earn a living as a result of the education they received by taking the student loans.
Generally such situations will be decided on a case by case basis, and such factors as whether community-property, equitable-distribution, or marital-property guidelines apply will come into play. Also, the judge will likely consider the overall expenses incurred in pursuit of the degree, and if one partner played a significant supporting role in helping the other partner in the pursuit the degree, such as driving them to college, taking care of children, cooking, etc.
Do you have student loan debt? Wondering how that will affect your divorce case? Our lead New York City divorce attorney can help you determine what will be considered community assets and debts and what is separate assets and debts. We will proudly assist you with divorce issues including property division, child custody, child support, and spousal support. Call us today to discuss the details of your case. We offer a free and confidential initial consultation; contact H. Benjamin Perez & Associates, P.C. now.
Lamar Odom and Khloe Kardashian Divorce Back on Track
April 24, 2014 | By H. Benjamin Perez & Associates, P.C.
New York native Lamar Odom appears to be heading toward divorce from reality star wife Khloe Kardashian.
Odom was thought to have held out hope that the couple could reconcile after Kardashian filed for divorce last year. But in recent weeks Kardashian has been linked to rapper French Montana, which apparently convinced Odom that the marriage is really over.
Recent reports also indicate that Khloe has implored Odom to do his part to help put an end to the couple's marriage, but that Odom continued to attempt to reconcile with his estranged wife. However, Kardashian does not seem interested in any reconciliation, and has reportedly refused to even answer his calls. According to sources, Odom has yet to respond to Kardashian's divorce petition, but is now preparing to submit a response as a result of the latest developments.
According to reports surrounding the couple's prenuptial agreement, Khloe will receive $500,000 for each year the couple was married, and will only receive spousal support for a time equal to half the length of their marriage, which would equate to about two years. Additionally, Odom would be barred from asking for spousal support from Kardashian. Finally, Khloe will reportedly remain the beneficiary of a life insurance policy valued at $10 million for the remainder of their lives, meaning that if something were to happen to Odom in that time, Khloe would receive the payout.
Are you currently considering filing for divorce? Contact our premier divorce law firm today for a free initial case evaluation to speak with us and begin your case.
Over 500,000 Doses of Drugs Confiscated in Recent Bust
April 24, 2014 | By H. Benjamin Perez & Associates, P.C.
New York authorities have announced a major drug arrest which reportedly netted over $10 million worth of drugs.
On Wednesday the Drug Enforcement Administration announced the arrest of three suspects and the disruption of a major drug distribution operation. According to New York authorities, the bust resulted in the confiscation of over $10 million worth of heroin and crystal meth, which is reportedly enough to fill over a half million street level dosage bags. Authorities reportedly believe that the drugs had entered the country after being smuggled through Mexico, and were intended for distribution throughout the North Eastern United States.
The suspects were arrested on multiple counts of drug possession, and were arraigned last Tuesday in a Manhattan court.
Have you been arrested for a drug crime in New York City? Our experienced trial attorney Mr. H. Benjamin Perez is an aggressive legal defender who is committed to protecting the rights of the accused all throughout New York. We have extensive experience defending against a wide variety of drug offenses. Contact our NYC office today for aggressive defense against your charges. We offer a complimentary initial consultation!
City Councilman Calls for an End to Arrests for Minor Subway Infractions
April 22, 2014 | By H. Benjamin Perez & Associates, P.C.
For the past several years New York City's "stop and frisk" program has been a lightning rod for controversy. Now, one of the program's most vocal critics is calling for an end to arrests for so-called "minor crimes."
City Councilman Jumaane Williams is calling for an end to the New York City Police Department's policy of arresting people for committing minor crimes on the city's subways. Minor crimes, according to non-binding Resolution No. 91, which Williams sponsored, include loitering and occupying more than one seat. Williams's reasoning for the elimination of the arrests is that he believes the arrests are "overly punitive" and "unfair" as they can put a significant financial burden on those who are subject to them.
Critics to Williams's proposal believe that the arrests for minor offenses are likely to help keep New York City subways safe, and may help police to better locate people who have outstanding arrest warrants. In their opinion, ending the program would serve, in effect, to significantly hamper New York City police from conducting valuable police work.
Have you been arrested for a crime in New York City? If so Attorney H. Benjamin Perez can help! He is a well-respected and highly recommended New York City criminal defense lawyer who with a 10.0 Superb Rating by Avvo. He was also voted Clients' Choice by Avvo in 2012 in the area of criminal defense. For aggressive criminal representation in NYC contact us at H. Benjamin Perez & Associates, P.C. for a free initial consultation!
Brooklyn Man Arrested for Stalking TV Newswoman
April 21, 2014 | By H. Benjamin Perez & Associates, P.C.
A man was recently arrested on suspicion of stalking a New York City newscaster.
A 30 year-old resident of Brooklyn, Richard Pagani, was recently arrested on allegations that he stalked CBS New York's newscaster Diane Macedo. Police say that the Ryder St. man had been stalking Macedo for approximately two years, including sending letters to her office location, attempting to visit her at her office, and even contacting her various times on social media. The social media contact allegedly included an obscene message, which police said Pagani sent to the victim on Facebook in March. Macedo reportedly went to police after Pagani approached her in person as she covered a recent news story.
When police went to Pagani's home to conduct the arrest, they allegedly found him wearing a shirt which had the victim's image on it. He was reportedly arrested, and sent to Riker's Island.
Have you been arrested for criminal charges in New York City? Our lead Attorney H. Benjamin Perez was voted Client's Choice by Avvo and he also holds a 10.0 Superb Rating from Avvo. If you or someone you know has been accused of a criminal offense, be sure to speak with Attorney Perez without delay. Here at H. Benjamin Perez & Associates, P.C. we make ourselves readily available to our clients 24/7 and we will work tirelessly to help you beat your criminal charges. Call us today!
Andrew Dice Clay "More in Love" After Divorce Filing
April 17, 2014 | By H. Benjamin Perez & Associates, P.C.
On the heels of the separation of Gwyneth Paltrow from her rocker husband, a split which she characteristically refers to as "conscious uncoupling," shock comedian Andrew Dice Clay claims to be "more in love" after filing for his own divorce.
Brooklyn's own Andrew Dice Clay, real name Andrew Silverstein, recently decided to end his marriage from wife-of-four-years Valerie Silverstein. But unlike many high profile divorces, which can often turn ugly very quickly, the Silversteins' divorce seems to be proceeding just about as amicably as possible. In fact, Clay recently told People Magazine that the concept of 'marriage' was putting undue pressure on their relationship, and that they have been more in love than ever since they filed for divorce.
Despite a career which undoubtedly generated millions of dollars of income for the comedian, the couple's March 18 divorce filing states that neither of them owns assets valuing more than $40,000. After the filing for divorce, the couple reportedly celebrated with an upscale dinner in West Hollywood.
If you are considering filing for divorce in New York City, then you need a skilled legal advocate on your side to help protect your best interests. Contact our NYC divorce law firm today for a case evaluation.
Police Arrest 3 High School Teachers in Separate Incidents
April 12, 2014 | By H. Benjamin Perez & Associates, P.C.
Three New York City high school teachers were arrested on Wednesday, March 26, 2014, all in separate incidents.
A 33 year-old high school teacher was arrested on charges that he conducted an online relationship with a minor, a relationship which had an inappropriate sexual nature. The accused was charged with various crimes, including endangering the welfare of a child and attempted aggravated sexual abuse. According to police the girl was not a student of his, but she may have been a student at the high school where he was employed.
A 55 year-old teacher in the Bronx was arrested after he allegedly shoved a school safety officer while trying to break up a fight. He is being charged with assault, resisting arrest, and disorderly conduct, among other charges.
And in Brooklyn, a 53 year-old teacher is alleged to have brought an air rifle and a fake gun to school, which resulted in her arrest. She was charged with various crimes including unlawful possession of a weapon on school grounds. According to the woman's husband she planned to use the guns as part of an in-class safety demonstration, and had cleared the props with school security before bringing the toy guns into the school.
Actress Gwyneth Paltrow Refers to Pending Divorce as 'Conscious Uncoupling'
April 12, 2014 | By H. Benjamin Perez & Associates, P.C.
Going through a divorce can be hard. For those who don't live their lives in the spotlight, having to not only accept the end of a marriage, but also explain the termination to friends, family, and children, can be especially difficult. But when you are a celebrity, you often have to explain yourself to the entire world. It is no wonder then why super-actress Gwyneth Paltrow chooses to refer to her pending divorce in more favorable terms.
As Paltrow and husband Chris Martin prepare to legally divorce, she has decided to ditch the term 'divorce' in favor of the new age-ish term 'conscious uncoupling.' This interesting term was reportedly created by therapist Katherine Woodward, and is meant to signify a release of the negative energy and trauma that many people experience during the divorce process. As such, a conscious uncoupling is meant to be a good thing, a time to heal and start anew.
Let's hope that the entire divorce process goes as smoothly as possible for Paltrow and her soon-to-be ex-husband. The famed actresfs and Coldplay rocker have a couple of children together, and have to experience this especially difficult time in front of the world. Perhaps their process of uncoupling will make the division of their multi-million dollar estate less contentious than it may otherwise have been.
World Trade Center BASE Jump Stunt Lands Four Behind Bars
April 10, 2014 | By H. Benjamin Perez & Associates, P.C.
Four men were arrested on Monday on allegations that they had illegally entered the newly constructed World Trade Center to perform a BASE jumping stunt. The men, all from the New York area, are facing charges including reckless endangerment and jumping from a structure.
The four men, one of which served as a look out, conducted the BASE jump in September 2013. They were able to gain access to the building because one of the accused was working on a construction crew at the site during that time. He claims that there was very little security at the building, and that it was relatively easy for the team to pull off the stunt.
The World Trade Center, currently the nation's tallest structure, was the site of controversy just days ago after a 16 year-old teen was able to sneak past security guards, and eventually enter the building and access the 104th floor. He was also arrested and is facing trespassing charges.
With the revelation of these security breaches, critics are beginning to seriously question the security surrounding the building, which is reportedly being tightly guarded due to its symbolic nature. In order to attempt to deter others from illegally accessing the WTC, officials are expected to send a message when prosecuting the men. To that end Joseph Dunne, Port Authority Chief Security Officer, was quoted as saying "It should be clear that the PAPD and NYPD will go to any length to bring those who defile the WTC site to justice."
Western New York Divorce Rates Jump - No Fault Divorce Implicated
April 10, 2014 | By H. Benjamin Perez & Associates, P.C.
According to recent statistics released by the New York State Department of Health, which covered divorces in the year 2012, Western New York is currently undergoing a virtual explosion of divorces. The primary reason for the uptick is being linked to the introduction of so-called "no fault" divorce, which is generally a divorce in which it is not required that either party be identified as having caused the split. In New York, no fault divorces were unavailable until late 2010, when New York was the last state in the Union to institute this kind of marital dissolution.
According to 2012 statistics, Western New York saw 4,133 divorces, which was almost identical to the number of divorces filed in 2011. But these figures were up significantly from pre-Great Recession divorce stats. For example, in 2002 there were 3,183 divorce filings in Western New York, which represents nearly 30 percent fewer divorces than the 2012 figure.
Additionally, the number of no fault divorces has continued to rise. While 2002 records show that just 1.4 percent of divorces fell under the "not stated" category as the divorce reason, by 2012 that figure had jumped to 79 percent. Not stated is generally a catch-all category used for no fault divorces. Interestingly, cruelty was the top divorce reason before the so-called "no fault era." In 2002, three out of four of Western New York divorce filings cited cruelty as the reason.
Everyone has a right to happiness. At H. Benjamin Perez & Associates, P.C., our attorneys are ready to defend your legal rights and put you on the road to happiness. If you are dealing with a stressful divorce situation, contact us immediately at 212-226-8444 for experienced legal representation on your New York divorce case.
What Constitutes Kidnapping Charges in NYC?
April 10, 2014 | By H. Benjamin Perez & Associates, P.C.
The clarification of kidnapping charges is made in the New York Penal Law §135. There are different variations and degrees of kidnapping charges. The simplest definition of kidnapping would be any type of abduction of another person. This would be considered second degree kidnapping which is charged as a Class B felony in New York. In order to 'abduct' a person, the defendant must have restrained that person preventing them of their liberation by hiding them or threatening them. This act must be without consent from the individual which means either physical force, intimidation or deception was used. If the offense is kidnapping in the first degree; however, the defendant could be facing a Class A-I felony with harsher penalties.
. There are more aspects involved in this type of offense and in order to be convicted of this level of kidnapping, all of the following must be proven:
- The defendant abducted another person with the intent of using their return to receive ransom
- The victim was restrained for more than 12 hours
- There was the intention of the defendant to inflict personal injury, sexually abuse, terrorize, perform a felony or interfere with the government
- The victim died during the kidnapping or before they were returned safely
Facing first degree kidnapping charges is a serious matter and you are at risk of serious prison time, fines and more. A Class B felony kidnapping offense in New York is punishable by a prison sentence between five and 25 years and a fine of up to $5,000.
A Class A-I felony kidnapping offense is punishable by a prison sentence between 15 and 25 years and a fine of $5,000. You need to team up with an aggressive New York City criminal attorney from H. Benjamin Perez & Associates, P.C. to defend against these charges. Fill out a free case evaluation form online or call the firm now!
What Types of Sex Crimes Require Sex Offender Registration?
September 18, 2013 | By H. Benjamin Perez & Associates, P.C.
The state of New York requires that any individual who has been convicted of a registerable sexual offense on or after January 21st, 1996, and has completed his or her incarceration or probation, must register as a sex offender upon his or her return to the community. Even those individuals who were convicted of sex crimes in other jurisdictions or states are required to register with the New York State Board of Examiners of Sex Offenders as soon as they establish residence in New York City or any other location in New York.
Those sexual offenses that are deemed "registerable" by New York State Penal Law statutes include sexual misconduct, luring a child, rape, criminal sexual acts, sodomy, forcible touching, sexual abuse, persistent or aggravated sexual abuse, sexual conduct against a child, facilitating a sex offense with a controlled substance, predatory sexual assault, unlawful imprisonment, kidnapping, patronizing a prostitute, promoting or compelling prostitution, sex trafficking, disseminating indecent material to minors, incest, unlawful surveillance and more. The class of the sexual offense, and the associated penalties vary depending on whether the crime is a fourth, third, second or first degree offense. All of the above sex crimes require sex offender registration upon conviction.
A sex crime defense lawyer at our firm will help you, and has full understanding of the consequences of a conviction in any misdemeanor or felony sex offense. Even just the accusation you have committed a sex crime could ruin your professional reputation, destroy your marriage, alienate you from family and friends, and have a dramatic impact on your life. If you or a loved one has been accused of committing a sex crime it is extremely important that you waste no time in contacting our firm and securing legal representation from our New York City criminal defense lawyer. Our firm has more than 20 years combined experience practicing criminal law. We are committed to doing everything possible to protect the rights of our clients and we are dedicated to helping them aggressively fight the charges and legal challenges they face. To find out more about us, contact H. Benjamin Perez & Associates, P.C.
How Does the Court Determine Child Custody?
September 09, 2013 | By H. Benjamin Perez & Associates, P.C.
There are numerous issues which must be considered when a couple decides to obtain a legal separation or divorce. If there are children from the marriage, one of the most important matters to resolve will be determining custody and parenting time. Despite its importance, child custody is often one of the most contested and highly-disputed aspect of divorce proceedings. Most parents want to maintain the exact same relationship status they have established with their children over the years. They don't always realize that the dissolution of their marriage will not only impact the relationship with the former spouse, but with their children as well.
Judges that preside over divorce cases and family law matters in New York City have one primary objective in child custody, and that is seeing that the children's best interests are the guiding principle in any decisions made. Child custody decisions made by the court will reflect this focus on the children's best interests. The parents' interests, requests and objections will all be considered, but the final judgment made by the court will be done in accordance with what is believed to be best for the children. Most judges encourage joint or shared custody as this type of shared parenting time is proven to provide more stability for the children. It also allows both parents to continue playing an active and equal role in their children's lives. In cases where joint custody is not in the children's best interests, or one parent is unable to provide this level of parental involvement due to work or other issue, the court will likely award one parent with sole custody and award the other with visitation rights.
When filing for a legal separation or divorce, it is vital that you retain legal counsel right away. A skilled NYC divorce attorney aggressively advocating on your behalf is an important issue when protecting your parental rights. Our firm has years of experience helping fathers and mothers in all types of child custody cases. We have helped clients maintain a relationship with their child, even though they had never legally adopted the child during the term of the marriage. We have helped fathers establish paternity so that they would be granted the same rights as the mother of a child. We have also helped numerous clients with the protection of parental rights so that they could continue playing a key role in the upbringing of the children. If you need legal representation for a child custody or divorce case, contact H. Benjamin Perez & Associates, P.C.
Do I Need to Have an Attorney Present at Arraignment?
August 30, 2013 | By H. Benjamin Perez & Associates, P.C.
If you or a loved one has been arrested and accused of committing a crime in New York City, the first thing you need to do is obtain legal counsel from a skilled criminal defense attorney. We strongly recommend you do this prior to your arraignment, in which formal charges are filed. State law requires that a defendant be arraigned within 24 hours of his or her arrest. As your arraignment is commonly the first court appearance and is where the charges against you will be read, as well as the point at which you will be asked to make a plea, it is in your best interests to ensure that have an attorney present.
A criminal defense attorney from our firm will sit down with you prior to your arraignment to review the charges against you, answer any questions you may have, advise you on how to proceed and help you with every detail of the arraignment. No evidence will be presented during arraignment, but any delay in retaining legal representation could have a potentially disastrous impact on your immediate freedom. Without having an attorney present at arraignment, at which point bail may also be set, you may be unable to return home, and remain in custody if the bail is too high. Our firm will fight hard to see that your rights are protected and that you are not subjected to an unreasonable amount of bail, or unjustly held rather than being released to your home and family during the course of your trial. We will do everything possible to see that you are either released on your own recognizance or released on bail. Your plea, if guilty, cannot be altered, whereas if you plead not guilty, you may have better options.
At H. Benjamin Perez & Associates, P.C., we know how frightening and confusing the justice system is to the accused, particularly to individuals who are facing first time charges, or are accused of a serious felony offense. The NYC criminal lawyers at our firm have more than 20 years combined experience defending the rights of individuals accused of a range of crimes in New York City. We are dedicated to protecting our clients' rights and we work diligently to give our clients the best chance to fight back successfully. Contact our firm at once so that we can help you through the process, including representing you at the arraignment. Your freedom could depend upon it.
What to Expect at a DMV Refusal Hearing
August 26, 2013 | By H. Benjamin Perez & Associates, P.C.
The DMV refusal hearing takes place if someone is arrested for a DWI and refused to perform a chemical test. The state of New York requires a person operating a vehicle to give consent to a chemical test, whether a breath, blood, urine or saliva test. This is to determine a Blood Alcohol Content (BAC) level and if a defendant refuses, they may be facing a license suspension or revocation. After being arrested you will be arraigned in court, at the arraignment you will be made aware of the date and time of your DMV refusal hearing. The hearing should be within 15 days of your arraignment and will take place at the DMV office. It is beneficial to have the assistance of a skilled NYC criminal defense lawyer when at this hearing to best avoid a license revocation. This is the hearing to determine the status of your driving privileges.
The issues touched at the hearing, include:
- If the arresting officer had reasonable grounds to suspect the defendant of driving under the influence or with impaired ability
- If the arrest was lawful
- If the officer gave the defendant warning about the consequences of the refusal before he or she refused the test
- If the defendant, after a lawful arrest with reasonable grounds and a sufficient warning of the penalties, refused to perform a chemical test
This hearing is conducted by a DMV Administrative Law Judge that will render a decision after looking at the evidence and the cross examination is complete. If all four of the matters are proven affirmatively, the license will be revoked. If evidence does not show all four factors to be true, the suspension should be terminated.
