Why Fight a Strike 3 Lawsuit Right Away?

The first notice a person will typically get when facing a copyright infringement lawsuit for downloading illegal content is a letter from their internet service provider (ISP). This letter itself is a response to a subpoena that the ISP has been served by Strike 3 Holdings, LLC, a copyright holder of pornographic content, seeking information about the person who downloaded their copyrighted material. The letter typically advises the subscriber that they have a certain amount of time to file a motion to oppose or quash the subpoena.

If you’ve received a letter like this, a clock has begun ticking! As such, it is critical that you hire an attorney to fight the lawsuit right away to protect your identity and reduce any potential settlement.

Your Identity Can Be Revealed

The purpose of the subpoena is to require the ISP to reveal the subscriber’s information to the plaintiff (i.e. the copyright holder). For now, all the plaintiff has is the subscriber’s IP address. However, the IP address doesn’t have a name or physical address behind it. The subpoena compels the ISP to reveal the identity of the person being sued. 

One of the many reasons it is important to act fast after receiving such a letter is that, after a certain amount of time has passed, the ISP will be required to disclose that information to the plaintiff.  

More Time Can Mean More Money

Another reason to act sooner has to do with legal fees. The more time that goes on, the more work that has to be done by the plaintiff’s lawyers. There’s the filing fee, then they will have to hire a process server to serve a subpoena, and then the defendant with the complaint. In addition, they may spend time trying to discover who you are and how much you are worth. As time goes on and the lawyers spend more time on this case, the more money the plaintiff is going to want to recover from this lawsuit. 

Hiring an attorney early serves two purposes: it’s more likely the client’s identity will be protected and the settlement amount will be smaller.

What If I’ve Waited Too Long? 

Far too often, a person sees this letter and assumes it’s a scam. As a result, too much time passes, and the copyright hold obtains the person’s information. 

If too much time passes and it seems unlikely that you will meet the deadline, the best course of action is to remove any and all information about yourself from the internet that could give a hint as to your net worth. 

For example, you may have social media posts that are public. Those accounts could have photos of your house or car. In addition, these posts might indicate that you live in a nice neighborhood or went to an expensive college. Such things increase the value of the case in the plaintiff’s eyes. It means they are going after someone with “deeper pockets”, as opposed to someone with lesser assets.

Every year, nearly twenty thousand Canadian drivers receive traffic tickets in New York State. Despite being issued in another country, a New York traffic ticket can have a serious impact on your license. Thankfully, the worst consequences can be avoided by hiring a New York traffic ticket attorney to fight the underlying charges. 

It’s tempting for Canadian motorists to simply plead guilty and mail in their payment. It may seem impossible to fight a ticket while living outside the country where the hearing is to be held. But paying a New York speeding ticket without fighting is a big mistake whether you are a resident of Ontario, Quebec, or Brooklyn, New York.

SHARED DRIVER INFORMATION

The U.S. and Canadian legal systems are very different. However, the provinces of Ontario and Quebec have agreements in place to share driver information with New York State, and vice versa. This shared information includes the name of the driver who was ticketed, where the ticket was issued, and when the incident happened. Once this information is communicated, the respective motor vehicle authority will be able to assess points against your driving record.

That means you cannot ignore a New York traffic ticket just because you live in Canada!

QUEBEC AND ONTARIO DRIVERS WITH NEW YORK TICKETS

When the Société de l’assurance automobile du Quebec (the SAAQ) or Ontario Ministry of Transportation (the OMT) receives information about a New York traffic ticket, it treats the offense as though it happened in Quebec. For example, a Quebecois who is convicted of texting while driving will receive five demerit points on his/her license. Similarly, an Ontario driver who pays a speeding ticket for going twenty miles per hour over the limit, which is equivalent to thirty-two kilometers per hour, will end up with four points on the license.

It’s important to know that it only takes 15 demerit points on your license before you lose your driving privileges in Quebec or Ontario. In addition, because the offense will appear on your Canadian driving record, it almost certainly will increase your auto insurance rates, just as points on a New York or New Jersey driver’s license will likely increase auto insurance costs.

NEW YORK POINTS STILL COUNT AGAINST CANADIANS

Canadian drivers should also be aware that New York’s point system, while different from Ontario and Quebec’s, also counts against drivers. Each time a driver is convicted of a New York ticket, regardless of where they are from, the state keeps a record for that driver and assesses points using its own point system. At six points, a driver will be charged a Driver Responsibility Assessment fee, which costs one hundred dollars per year for three years. This is in addition to the fine for the ticket or tickets. Even worse, when a driver reaches 11 points worth of offenses under the New York system, their right to drive in New York State will be suspended!

LOSING YOUR DRIVING PRIVILEGES IN NEW YORK

New York does not have the authority to suspend a license in Canada, but it can suspend the right to drive within the state regardless of where a license was issued. However, since Quebec and Ontario have reciprocity with New York, the suspension will still appear on the driving record and affect your insurance rates. 

There are several ways to have a license suspended in New York. The first is if you accrue eleven points for more within eighteen months based on the New York point system. This can happen if you are found guilty of speeding forty-one miles over the limit or get convicted twice for speeding twenty-five miles over the limit. A second way is if you fail to pay a New York traffic ticket. Third, you can have a license suspended if convicted of a serious driving offense, such as a hit-and-run, drunk driving, or driving without auto insurance.

HIRING A NEW YORK ATTORNEY

A Canadian driver may feel helpless to fight a New York traffic ticket. Not only is the legal system very different, but it’s far from convenient to cross an international border just to appear in court.

If you are a Canadian who has been ticketed for a driving offense in New York, call our offices of Rosenblum Law today. You may not have to return to the state at all because New York allows attorneys to appear in lieu of the driver.  We can also fight to have the ticket dismissed, or negotiate it down to a lesser offense with lesser penalties, and less of a chance of impacting your Canadian license.

Speeding tickets are one of the most common legal problems people have, but that’s no reason to take them lightly. Speeding tickets can come with steep fines and trigger increases to your car insurance premiums. New York City has some of the toughest speeding laws in the state, so if you get a ticket there, you’ll need an experienced New York City traffic attorney to help you.

WHAT ARE THE PENALTIES FOR SPEEDING IN NEW YORK CITY?

The exact fine for speeding varies based on how far over the speed limit a driver was going. In addition, every ticket comes with an eighty-eight dollar surcharge, points on your license, and an extra fine of at least three hundred dollars if you end up with more than six points on your license after the ticket.

The fine for driving one to ten miles per hour over the limit starts at one hundred thirty-three dollars and will add three points on your license. Speeding eleven to twenty miles per hour over the limit will cost you a minimum of one hundred seventy-eight dollars and four points, twenty-one to thirty miles per hour over the speed limit will result in a fine of at least four hundred seventy-eight dollars and six points on your license. 

If you hit thirty-one to forty miles per hour over the limit, your fine will start at seven hundred eighteen dollars and result in eight points on your driver’s license, and driving forty-one miles per hour over the limit can lead to fines of up to one thousand, three hundred sixty-three dollars and eleven points on your license.

There’s also another, hidden cost to getting a speeding ticket: it will likely increase your car insurance premiums. One study found that speeding tickets can cause up to a 33% increase in New York City drivers’ car insurance premiums, which adds up to hundreds of dollars per year.

As you can see, the consequences for a speeding ticket can be very costly, so fighting it in court is worth the effort.

HOW DO I BEAT A SPEEDING TICKET IN NEW YORK CITY?

It’s harder to beat a speeding ticket in New York City than in most places. The city has a special court, the Traffic Violations Bureau, or TVB, that handles speeding cases. The TVB has stricter rules than most courts. It doesn’t allow plea bargains, it doesn’t require proof of guilt beyond a reasonable doubt, it limits the kind of evidence a driver can demand access to before the trial, and it allows the police to admit hearsay at the scene.

All of this means that speeding tickets can have a very low rate of acquittal in New York City. But our experienced attorneys have a dismissal rate of over fifty percent. A traffic attorney who knows the rules of the TVB can sometimes poke holes in an officer’s story and get the ticket thrown out.

WHAT SHOULD I DO IF I GET A SPEEDING TICKET IN NEW YORK CITY?

If you get a speeding ticket in New York City, contact Rosenblum Law for a free consultation today. The city requires drivers to respond to tickets in fifteen days, so there’s no time to delay. We’ll answer your questions, provide you a fee quote so you know how much representation will cost, and walk you through the process from beginning to end.

One of the less known but still common traffic offenses in New York is violation of the Move Over Law. New York law requires drivers to slow down and switch lanes, if possible, when an emergency vehicle is stopped in the next lane over. Like any other traffic ticket, these tickets will result in fines, points on your driver’s license, and increased car insurance premiums, so it’s a good idea to hire a lawyer to fight the ticket in court.

WHAT IS THE MOVE OVER LAW?

Drivers are required to slow down and, if possible, switch lanes when there is an emergency vehicle stopped in the next lane. Unless it would be unsafe or impossible to do so, drivers are required to leave an empty lane between themselves and the stopped emergency vehicle. Emergency vehicles include police cars, ambulances, fire trucks, tow trucks, and any other vehicle with amber lights.

Failing to move over for a stopped emergency vehicle is a moving violation that comes with a one hundred fifty dollar fine for a first offense, two points on your driver’s license, and an eighty-eight dollar surcharge. A second offense raises the fine to three hundred dollars, and a third offense raises the fine to four hundred fifty dollars. Like any other moving offense in New York, if the ticket results in a driver having six or more points on their license, the driver will also be required to pay an extra fine of at least three hundred dollars.

Finally, like other moving violations, Move Over violations come with a hidden cost in the form of increased car insurance premiums. One study found that a single moving violation can increase your car insurance premiums by up to 20%, which can add up to hundreds or even thousands of dollars over time.

HOW DO YOU BEAT A MOVE OVER TICKET?

There are several defenses we might be able to use to defend you against a Move Over ticket. New York law prohibits drivers from changing lanes if the driver thinks it’s unsafe to do so, so if there was no safe way to move over, that’s a defense. If you couldn’t have moved over without crossing the double yellow line, a court will probably won’t find you guilty of a Move Over violation.

Another defense could be that you didn’t have enough time to move over. For example, if the emergency vehicle was stopped on the other side of a hill and you couldn’t have seen it until you were on top of the hill, it might have been impossible for you to move over to another lane before you passed it.

If you get a ticket for failing to move over for a stopped emergency vehicle, contact Rosenblum Law for a free consultation today. We’ll answer your questions, discuss your defense options, and walk you through the process from beginning to end.

Shoplifting is one of the most common offenses juveniles are charged with. Whether it’s accidentally walking out of a store with an item or just risky teenage behavior, juveniles can end up with shoplifting charges. These charges can carry serious consequences, so if your child has been accused of shoplifting, find an attorney to represent them.

WHAT IS SHOPLIFTING?

New Jersey law recognizes several types of shoplifting. Purposely walking out of a store with merchandise, concealing merchandise, switching price tags, putting merchandise in another container, or under-ringing items at self-checkout are all considered shoplifting.

WHAT PENALTIES CAN A JUVENILE FACE FOR SHOPLIFTING?

The penalties vary based on the value of the stolen goods and whether it’s a first offense. If the stolen goods were worth less than $200, it’s a disorderly persons offense with a maximum of six months in detention. Between $200 and $500, it’s a fourth-degree crime with a maximum of one year in detention. Above $500 is a third-degree crime with a maximum of three years in detention. Plus, being adjudged delinquent will give the child a juvenile record that can affect college admissions and employment options.

Fortunately, juveniles are tried in Family Court, which is less concerned with punishment than with making sure the child doesn’t commit another offense. That means a good lawyer can usually get the judge to agree to an alternative sentence like counseling or a community service.

HOW DO I BEAT A JUVENILE SHOPLIFTING CHARGE?

It’s usually hard to beat a shoplifting charge because stores usually have security cameras. However, there are a few strategies we can use for juveniles. First, police have to follow special rules when dealing with children and teens, and if they break those rules, charges can be dismissed. Second, prosecutors are usually also more willing to negotiate charges down for children than for adults. As always, the best strategy depends on the specifics of the case, and a lawyer can figure out the best way to deal with a charge.

WHAT SHOULD I DO IF MY CHILD IS CHARGED WITH SHOPLIFTING?

If your child has been charged with shoplifting, contact Rosenblum Law for a free consultation. Our attorneys have a lot of experience handling both juvenile and adult shoplifting cases, and we can find a way to get the best outcome for your child’s case.

Having a criminal record makes your life harder in many ways, whether it’s finding a job, housing, credit, or other opportunities. While New Jersey allows people to expunge their records, the waiting period for a standard expungement is long: five years after completion of a sentence for misdemeanors and ten years for felonies.

Fortunately, there’s a way to get an expungement sooner: the Early Pathway Expungement.

HOW DOES THE EARLY PATHWAY EXPUNGEMENT DIFFER FROM A REGULAR EXPUNGEMENT?

Both types of expungement will clear a person’s criminal record, but the criteria for getting them are different. In a regular expungement, a person is presumptively entitled to the expungement, meaning it can only be denied if there’s a specific reason. 

That means the burden is on the applicant to prove it should be granted, not on a prosecutor to prove it should be denied. To prove expungement is in the public interest, you’ll need to show your behavior and accomplishments make you less likely to reoffend. Usually, this means things like proof of education, job training, participation in the community, and letters of support from others. It also helps if you can show your record is making it harder for you to reintegrate into society.

HOW DO I GET AN EARLY PATHWAY EXPUNGEMENT?

To get an early pathway expungement, you’ll need to file a petition with a judge. Unlike a regular expungement, a prosecutor is likely to challenge your petition, so you’ll probably have a hearing in front of a judge. Your chances are much better if you have a lawyer write your petition and argue on your behalf to the judge. Prosecutors know what kinds of arguments will persuade a judge to reject your application, so you don’t want to face them without an experienced lawyer of your own. A good lawyer can analyze the specifics of your conviction to find mitigating factors and emphasize the parts of your life that show why you deserve the expungement.

WHAT SHOULD I DO IF I WANT AN EARLY PATHWAY EXPUNGEMENT?

If you have a criminal record and are interested in an early pathway expungement, contact Rosenblum Law for a free consultation. Our criminal defense attorneys have a lot of experience with expungements, and we know the best strategies to help you get your life back on track.

An early pathway expungement has shorter waiting periods (five years for a felony, three for a misdemeanor), but the applicant needs to show the expungement is in the public interest.