Area Forum Examines Tax Credits, Scams

From the Ithaca Journal:

A community forum on the 2-1-1 system, the earned income tax credit and consumer scams is planned for 4:30 p.m. Wednesday in the BorgWarner Meeting Room of the Tompkins County Public Library, 101 E. Green St.

Reservations may be made by calling 607-272-6286 or 2-1-1.

Latest Legal Links of Interest

A collection of recent news stories about the law:

Community Leaders Urge Safe Prom and Graduation Celebrations

Tioga County to hold annual Elder Law Clinic

Wegmans alerts consumers to fraudulent checks

Court rules out some life sentences

Cornell study: jurors reward the good-looking, penalize the unbeautiful

Changes in New York Law Affect Teenaged Drivers

Ovid, NY (May 3, 2010)—Attorney Steven Getman is reminding teenaged drivers and their parents that new restrictions on graduated licenses are in effect.

“The New York State legislature has amended several sections of the Vehicle and Traffic Law that affect graduated drivers,” Getman explained. “These changes took effect in late February and will affect many of the state’s teenaged drivers.”

According to Getman, the changes include:

• A junior learning permit must be held at least six months before a junior license issued.
• The number of non-family passengers under the age of twenty-one who may ride in a motor vehicle with the junior operator has been reduced from two to one.
• The number of supervised driving hours before an applicant may take the road test has increased from twenty to fifty hours, including fifteen hours after sunset.
• New provisions related to penalties for violating the graduated licensing laws have been added.

The changes to the law are contained in Chapter 403 of the laws of the 2009, Getman noted.

More information on the new law can be found here. Parents and teen drivers who have questions about how the new laws affect them are encouraged to consult with an attorney of their own choosing, Getman said.

Beware of Phone Scammers Using Social Media

New York State Police are warning upstate New York residents of telephone scams involving social media:

There have been reports of individuals receiving phone calls from a person pretending to be a relative or friend stating that they are in trouble and that they require immediate financial assistance. The perpetrator will request a sum of money be transferred via Western Union to a location which is typically out of the country.

It is believed that the person(s) involved in this scheme, obtain the victim's personal information via social networking websites such as MySpace or Facebook. The suspect(s) are able to obtain information as to where the friend or relative may be vacationing to add legitimacy to the call.

Posting information on when you will be vacationing invites the possibility of criminal activity and makes an excellent tool for criminals to plan their activities.

Former Supervisor Cleared of Ethics Charges

Finger Lakes Times:

Former Fayette Supervisor Edward Barto has been cleared of ethics charges filed against him by Concerned Citizens of Seneca County.

County Attorney Frank Fisher reached that decision in a Jan. 15 opinion, but it was not made public until this week by Barto’s attorney, Steven Getman of Ovid.....

Barto, reached Tuesday, said he was pleased that the complaint was dismissed. But he expressed frustration at the group’s tactics and the fact that Fisher’s decision was not given to him or made public by the citizens group.

“I’m glad to hear that the county confirmed that I did nothing wrong,” Barto said. “I always did my best to uphold the integrity of my office, and this opinion supports that.”

“At the same time, I think it stinks that this special interest group had no problem smearing me publicly when it suited their political whim and then, after I was cleared, they never said anything about it,” he said. ““I had to get an attorney to find out the complaint had been dismissed.”

Getman said he hopes the parties can discuss their issues more amicably in the future.

“Reasonable people can and do disagree on environmental issues,” Getman said. “But it ill-serves the public debate when one side or another tries to criminalize policy differences.’’

Speeding cushion no more?

According to Syracuse news channel YNN, "more and more drivers nationally are getting pulled over and ticketed for only being just a few miles over the limit":

A study published in the Journal of Law and Economics found the number of tickets officers write goes up when the economy is down especially as states and cities across the country use traffic enforcement to balance their budgets.

A speeding ticket, whether deserved or not, can have serious impacts on your insurance rates and even your privilege to drive within the state. If you receive a ticket, even if it is for only a few miles over the speed limit, you may wish to consult a qualified attorney to protect your legal rights.

Verdict Reached in Seneca County Prison Assault Trial

Finger Lakes Daily News:

A Seneca County jury found a former Five Points Prison inmate “not guilty” of felony assault and harassment charges and “guilty” of a misdemeanor charge following a three-day trial in County Court.

According to defense attorney Steven Getman, the defendant, Jesus Torres (age 33), was originally charged with Assault Second Degree and Aggravated Harassment of an Employee by an Inmate, both felonies.

The charges stemmed from an incident at the prison in August 2007. Torres was alleged to have intentionally injured one corrections officer and intentionally spit blood on another, during or following a fight with another inmate.

However, after the close of evidence, both charges were dismissed. Instead, the jury found Torres guilty of the lesser charge, Assault Third Degree.

The defense had asked that the jury consider the reduced charge on the theory that Torres may have acted recklessly, but did not intentionally injure the guard, Getman explained. In addition, the defense argued in court, there was insufficient evidence that Torres had intentionally spit blood on a corrections officer. In particular, Getman criticized the state corrections officials for not authorizing DNA testing that could have helped prove guilt or innocence.

Assistant District Attorney Mark Sinkiewicz had asked the jury to convict the defendant as charged, alleging that the prosecution had proven its case.

After approximately four hours of deliberations, the jury returned its unanimous verdict.
Following the verdict, County Court Judge Dennis Bender set Torres’ sentencing for April.

At sentencing, Torres faces up to one year in jail and a fine. Had he been convicted as charged he could have been sentenced to up to seven additional years in state prison.

After the current charges were filed Torres was transferred out of Five Points and sent to another facility. According to the New York State Department of Corrections website, Torres will be eligible for parole in 2013.

Carbon-monoxide detectors now mandatory in New York

Gannett News Service:

Starting Monday, a new law will go into effect requiring carbon-monoxide detectors in nearly all New York ... residences.

Previously, the devices were only required in homes built after 2002.

The law does not require detectors in houses that have only combustion-free appliances, like an electric furnace or stove. Residences built after 2008 must have a permanent detector hard-wired in.

Your Right to Remain Silent

A law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the police:

It's not a short video (it is about forty-five minutes long) but it does an excellent job explaining the fundamentals of the Constitutional Right to Remain Silent under the Fifth Amendment.

Craigslist Internet house-rental scam making the rounds in area

From the Ithaca Journal:

[T]he scammers cull real estate Web sites, replicate home sale ads and post them to Craigslist -- with their own e-mail address -- under housing rentals without Craigslist's knowledge.

The scammers sometimes ask for credit and work histories and Social Security numbers, which are used to commit identity fraud. Craigslist was notified, the FBI added, cautioning renters to deal only with local landlords, be wary if asked to only use a wire-transfer service, be suspicious of e-mails written in poor or broken English, be wary of ads with rental prices significantly lower than the average area rates, and to not reveal personal data like Social Security, bank account, or credit card numbers.

Police are investigating a recent case involving Seneca and Tompkins Counties:

The crime involved an Ithaca house advertised for rent, with pictures, on Craigslist, the victim said. He and his fiancée went to the address, saw that it matched the pictures and was vacant, and expressed interest via the e-mail address listed in the ad.

According to the victim's account, a man claiming to be the owner replied, saying that he and his wife belonged to a local church, were working as missionaries in Nigeria and needed tenants to house-sit. The man gave him his and his wife's names.

They spoke on the phone and he agreed to send a $1,166 security deposit via Western Union, and the man gave a FedEx tracking number and promised to send the keys. He sent the money Saturday, but when he went to the house again, he found a man and woman moving in.

When he called the man back, the scammer made excuses and tried to say the other couple was actually moving out. The victim reported the crime to the Seneca County Sheriff's Office, which is turning the case over to the Ithaca Police Department.

Any one who believes he or she was the victim of an internet scam should make sure to contact law enforcement and, if appropriate, an attorney of their own choosing to review their legal rights.