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What Happens When A Car Accident Leads To Someone’s Death?

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Zuck Legal will start working on a good defense and provide expert support throughout the entire process to ensure you can successfully navigate it.

Over 38,000 people die in car accidents in the US every year. Though strict regulations are in place to ensure everyone’s safety on the road, reality proves time, and time again, that you just need a split second to make a mistake that can prove fatal.

But what happens to you if that mistake kills someone?

You May Be Charged with Vehicular Manslaughter

Manslaughter refers to killing a person but, unlike murder, the act was not committed on purpose. Vehicular manslaughter means that someone unintentionally caused a car accident that led to someone losing their life. Even if the act was not done on purpose, the at-fault driver will still face some form of punishment.

However, the issue of negligence comes into play. In both New York and New Jersey, vehicular manslaughter laws apply when the at-fault driver is found driving recklessly, or in clear disregard for the safety of others. Such instances include:

Penalties for these crimes can be harsh. For instance, in New Jersey, vehicular manslaughter can be considered a second-degree crime that carries a sentence of 5-10 years and a fine up to $150,000.

If you are charged with vehicular manslaughter, you need to get in touch with a criminal defense attorney as soon as possible to get a jump start on working on your defense.

What If You Weren’t Reckless?

There may be certain instances where your driving is not considered reckless, as you acted reasonably, in which case you won’t face any criminal charges. For instance, if you take your eyes off the road for a split second to glance at your GPS, you may not be charged with manslaughter.

However, if the state doesn’t bring up any charges, it doesn’t mean you’re out of the woods yet. The family of the deceased person may bring a civil wrongful death lawsuit against you to recover damages. This is a way for the family to seek justice and remuneration for the extreme pain they are going through.

Such lawsuits are incredibly complex and can bankrupt you, so even if you are not facing charges, you should still hire an experienced criminal defense lawyer to represent you during the trial.

Zuck Legal Is Here to Assist You

If you or a loved one is at-fault in a car accident that has led to someone’s death, do not wait to get in touch with a criminal defense lawyer for help. Zuck Legal will start working on a good defense and provide expert support throughout the entire process to ensure you can successfully navigate it.

Call Zuck Legal Today!

Our Firm helps clients needing Business Law, Criminal Defense, Divorce, Estate Planning & Traffic Law representation in New York and New Jersey. 

Click to Call (888) 628-8838

Power of Attorney Document: What It Is and Why Do You Need It

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Drafting and signing a POA with a legal professional’s help can help you entrust your vital decisions to a person you can rely on.

Whether you have reached an age when health problems are inevitable, or you suffer from certain injuries or conditions that could possibly deteriorate your health status or judgment, delegating a person to make critical decisions on your behalf is wise.

If you have contemplated the possibility that you might be unable one day to make decisions on your own, a power of attorney agreement (POA) will give you more security and peace of mind.

What Is a Power of Attorney Document?

A POA is a legal agreement through which you choose a trusted person to make decisions for you when you are unable to. Such decisions usually involve crucial matters like healthcare options, business agreements, tax returns, decisions concerning kids or dependent persons.

By signing a power of attorney document, you designate a close person to you to be your “attorney-in-fact”, giving them the authority and right to sign vital documents on your behalf. Many people think that a close relative or spouse will be automatically given the right to make decisions on your behalf, but this doesn’t cover all situations you may think of.

If your decision-making is impaired, they can end up being made by a legal representative who does not share any personal or professional ties with you. This, of course, means that they will likely not make the decisions that you would’ve made.

Types of Power of Attorney Documents

There are several types of POAs one can sign, depending on what kind of powers they want to assign to someone else. We at Zuck Legal can handle any type of POA you need and will provide legal advice on which one to choose.

  • Durable Power of Attorney (DPOA): this type of POA is active when you sign it until you pass away. You can revoke it as long as you are mentally able to do so. It gives your agent power over various decisions, from medical to legal and financial ones.
  • Medical Power of Attorney: if your health state ever leads to you being mentally unable to make decisions, this type of POA allows your agent to act on your behalf when it comes to healthcare options.
  • General Power of Attorney: this document gives your agent control over a wide variety of tasks and decisions, and it’s generally valid in the short-term.
  • Special Power of Attorney: through this type of POA, you give your agent power over particular decisions, usually related to your finances. You can sign multiple special POAs for different tasks.
  • Springing Power of Attorney: this type of POA can be chosen by individuals who want it to activate when a certain event happens (for example, military deployment, coma, incapacitation, death).

Drafting a Power of Attorney

As you can see, the limitations and the nature of this legal agreement can vary to cover your exact needs. Drafting and signing a POA with a legal professional’s help can help you entrust your vital decisions to a person you can rely on.

Call Zuck Legal Today!

Our Firm helps clients needing Business Law, Criminal Defense, Divorce, Estate Planning & Traffic Law representation in New York and New Jersey. 

Click to Call (888) 628-8838

Do I Have To Talk To The Cops If They Come To My Home?

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You have absolutely no obligation to talk to the police when they come to your door without a warrant, and in most cases, you should exercise your right to remain silent.

Whether or not you’ve been accused of a crime, you may find yourself in a situation when the police come to your door to ask you questions or even to try to search your home. What are your rights in this situation? Do you have to talk to the cops? Can you ask them to leave?

No Warrant? You Don’t Have To Speak To The Police

You have absolutely no obligation to talk to the police when they come to your door without a warrant, and in most cases, you should exercise your right to remain silent. You can ask the police to leave or not open the door and wait until they leave.

For all intents and purposes, the police have the same rights as private citizens if they do not have a warrant. If they ask to talk to you and refuse, and they cannot produce a warrant, they must leave.

It’s that simple. If the cops come to your door to ask you questions without a warrant, you can simply say, “I will not answer questions without my lawyer,” and ask them to leave.

Don’t Leave Your Home or Open The Door For The Police

As a rule, you have the most protection when you are in your home, and the door is closed. The U.S. Constitution protects all citizens and gives them the right “to be secure in their persons, houses, papers, and effects against unreasonable searches.”

Simply put, if the cops can’t see into your home or see anything in it, they can’t lawfully search inside your home. But if you open the door, even to step outside, it may be more difficult to protect your rights against unlawful search and seizure.

Always Ask For A Warrant If the Police Ask To Search Your Home

If the police ask to search your home, you should say “no,” unless they can present a warrant. The police have no right to search inside your home without a warrant, so this request should be denied.

If they claim to have a warrant, ask the police to slide it under the door or hold it up to a window. Again, do not let the police into your home under any circumstances unless they present a warrant.

Know Your Rights and Get the Legal Help You Need From Zuck Legal

If the police don’t have a warrant, you don’t have to talk to them, and they can’t come into your home. If they do have a warrant to search your home in New York or New Jersey, you must let them in – but you are still under no obligation to speak to them or answer your questions.

If you or a loved one has been accused of a crime, or you are worried you may be involved in a criminal case in New Jersey or New York, get the experienced legal representation you need from Zuck Legal.

Call Zuck Legal Today!

Our Firm helps clients needing Business Law, Criminal Defense, Divorce, Estate Planning & Traffic Law representation in New York and New Jersey. 

Click to Call (888) 628-8838

Illegal Search and Seizure Attorney

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In some cases, the authorities may completely disregard your rights and enter your home or search your car without permission.

The fourth amendment says: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” However, in some cases, the authorities may completely disregard your rights and enter your home or search your car without permission.

What Constitutes an Illegal Search and Seizure?

If the police do not have probable cause or a search warning, any search and seizure they perform is done illegally.

A warrant is a document issued by a judge allowing the police to enter and search your home, car, or even you. This helps police investigate their cases. Generally, warrants are issued only based on the evidence the police have gathered so far, presented to the judge as reasoning for why the search must be conducted. If the judge agrees with the police, they issue the warrant.

This document is based on the concept of probable cause, as it describes that there is a reasonable basis for believing someone committed a crime. But, in some cases, probable cause can also be used to justify a warrantless search and seizure, especially when the police argue there were essential time constraints. As you may suspect, search, and seizures are easily abused by authorities and can impact virtually every American.

How Can You Protect Yourself?

If the police illegally search anything on your property and they do not show you a warrant, contact an experienced lawyer as soon as possible. If, based on the evidence, they find they also arrest you, tell them you want a lawyer, and then say nothing until your attorney gets there.

If the search and seizure was done illegally, a lawyer can have all evidence gathered this way dismissed. Even so, remember that the police may try to ask you questions and get you to give them more information. Some may even give the promise of a deal if you cooperate, but you’re still better off waiting until your lawyer gets there. Anything you say to the police, even in the car, is on the record and can be used in your case.

Note that in some cases, search and seizures don’t result in immediate charges. Don’t assume you’re safe just because nobody’s knocked on your doors yet. Get in touch with a lawyer the first moment you can.

Hire a Criminal Defense Lawyer Now

Zuck Legal is here to assist victims of illegal search and seizures in fighting back and protecting their rights. If you or a loved one is in this situation, get in touch with us now for a consultation and legal advice on moving forward with your case.

Contact our legal team today using this form or calling our office at (888) 628-8838 to find out more about our services and how we can help you.

Call Zuck Legal Today!

Our Firm helps clients needing Business Law, Criminal Defense, Divorce, Estate Planning & Traffic Law representation in New York and New Jersey. 

Click to Call (888) 628-8838

Can You Beat A Controlled Substance DUI Offense?

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Such charges can be fought successfully, but you will need a lawyer’s expertise to make that happen.

Driving under the influence of drugs and alcohol is a big offense that all states take very seriously. As a general rule, it is best to avoid driving when you have consumed any types of controlled substances or have drunk alcohol.

But if you are caught driving under the influence, can you beat such an offense?

What Is a Controlled Substance DUI?

A controlled substance DUI is treated almost like a regular DUI, which you may know it for driving under the influence of alcohol. However, there is one key difference.

When the substance is alcohol, the courts use a measure called the Blood Alcohol Content (BAC) to define the lever of impartment the driver had while they were driving. In New York, for instance, if you have a BAC of 0.08%, you will be charged with a DUI.

But when it comes to drugs, there are no measures that show the level of intoxication. Any tests done on the driver can only show whether the substance is still in their system, not how much of it the driver has consumed. To determine the effects of the substance on the driver and their behavior, the courts will consider the police report of the officer who made the arrest.

Can You Fight It?

There are some ways to defend a DUI charge, but only for substances either prescribed or legal in the state. For illegal drug use, likely, the charges will not be dropped.

But for legal substances, it is possible to provide compelling explanations for driver behavior. For example, let’s assume you were charged with a DUI because you were taking medical marijuana to have a prescription. The officer may have noticed your behavior was slightly erratic and noted that the marijuana influence led to it.

During your defense, your lawyer may argue that your nervousness or even a pre-existing mental health issue such as anxiety was the reason you were slightly nervous. They may also provide evidence of a physical disability that explains the poor performance during the field sobriety test.

Since there is no way to determine the number of drugs in your systems, a lawyer could potentially make a compelling case in your favor and have the charges dropped, or at least reach a favorable plea agreement.

Contact Zuck Legal

If you have been charged with a DUI for controlled substances in New York or New Jersey, you must reach out to a lawyer as soon as possible. Such charges can be fought successfully, but you will need a lawyer’s expertise to make that happen.

Zuck Legal is happy to be of assistance. Contact our legal team today using this form or calling our office at (888) 628-8838 to find out more about our services and how we can help you.