What to DO, when you want to SUE. (Part 2)

Blog, Legal Services
Once all parties are served with the appropriate papers and everyone is at the courthouse its now time for litigation. Litigation is the process of carrying on a lawsuit. In most courts, the judge will call the parties up to the stand and ask them if they have reached an agreement. If they have not, the judge will give them the opportunity to go meet privately within the courthouse to discuss the matter further in an attempt to reach an amicable resolution. If the parties can reach an agreed upon settlement, they will go before the judge and put the agreed upon settlement on the record. From here, the parties would be bound to carry out said agreement. If an agreement can’t be reached, the litigants will proceed to trial.…
Read More
What to DO, when you SUE. (Part 1)

What to DO, when you SUE. (Part 1)

Blog, Legal Services
[caption id="attachment_5500" align="alignleft" width="200"] What to do before filing a law suit[/caption] THINGS TO THINK ABOUT WHEN DEBATING A LAWSUIT IN UPSTATE NY Often people will enter into an agreement or business transaction and things just don’t work out. In the end, one or both parties may feel entitled to some sort of retribution, which usually comes down to money. When you feel a person, entity or business owes you money, the first place to consider filing a cause of action is in Small Claims Court. A lot of people may have heard of Small Claims Court and more than likely have seen it play out to some degree on TV (Judge Judy, People’s Court, etc.) but what exactly is Small Claims Court? Small Claims Court is an informal court…
Read More

Upstate NY Lawyers

Capital District & Adirondack Area Lawyers
YOUR  UPSTATE NY ATTORNEYS ATTORNEYS AT LAW: In Vehicle & Traffic matters, Speeding tickets, Traffic tickets, DWI / DUI, Criminal Law, Real Property, Trusts & Estates, Wills, Divorce, Family & Matrimonial Law. OUR  MISSION: To represent Upstate New York clients in need of legal services with three I's of practice; Intensity, Integrity and Intelligence. We are affordable lawyers serving courts in and around Albany, Troy, Cohoes, Schenectady, Colonie, Guilderland, East Greenbush, Mechanicville, Latham, Watervliet, Rensselaer, Glens Falls, Saratoga, Amsterdam, Kinderhook & Hudson. EXPERIENCE: We have been proudly serving the Capital District and Adirondacks for over 35 years. Give us a call or email us at carbonelaw@nycap.rr.com for a free consultation. Capital District Tel: (518) 283-1245 Fax: (518) 326-0366Adirondack Region Tel: (518) 668-3711 Fax: (518) 326-0366 .
Read More
Dealing with DWI

Dealing with DWI

Criminal Law
[caption id="attachment_340" align="alignright" width="211"] Marty Carbone DW Traffic Lawyer in Albany NY[/caption] WHEN YOU GET CHARGED WITH A DWI IN UPSTATE NY When charged with DWI, driving while intoxicated, there are a some key things to keep in mind. The first is cooperation. More often than not, individuals who are pulled over and asked if they have been drinking are not so quick to be honest with the police. The more cooperative you are, the less likely a threat you will impose on the officer this will ultimately be to your benefit in the long run. When asked to submit to a breathalyzer test, some people feel that by refusing, the officer can't technically show that your blood alcohol content level was above the legal limit, which in New York…
Read More
You are never too young to have a will

You are never too young to have a will

Blog, Legal Services
[caption id="attachment_387" align="alignleft" width="259"] Legal Wills - What you need to know, by Martin Carbone, Wynantskill, NY & Schenectady, NY[/caption] NOW IS THE TIME TO PLAN A WILL IN ALBANY NY Thinking about getting a will drafted up is often a dreadful and morbid thought. It’s something that a lot of people would rather not deal with, especially when they feel they have many more years ahead of them. When deciding to create a will, a person does not have to be in their “golden years” to do so. In fact, the earlier a person puts a will in place, the better off they will be in terms of the overall security of their family’s best interest. When a person has a properly crafted will in place, they are essentially protecting…
Read More
Adding a Codicil to your Will

Adding a Codicil to your Will

Legal Services
[caption id="attachment_387" align="alignleft" width="259"] Legal Wills - What you need to know, by Martin Carbone, Wynantskill, NY & Schenectady, NY[/caption] CHANGING YOUR WILL Once people already have their Wills in place, they often find themselves in a position where they want to change or add a particular provision. The easiest way to go about adding a new stipulation to one's Will is to draft a Codicil. A Codicil is defined as a supplement or an addition to a Will. It may explain, modify, add to, subtract from, qualify, alter, restrain or revoke provisions that are present in an existing Will. By adding a Codicil, it does not revoke the existing Will in its entirety but rather amends it to reflect the desired changes and modifications. The execution of a Codicil…
Read More
Before it’s Too Late, consider a LifeEstate

Before it’s Too Late, consider a LifeEstate

Blog, Hot Topics in Law, Legal Services
[caption id="attachment_351" align="alignleft" width="300"] Carbone & Carbone LLP - Life Estate Lawyers in Albany NY and Saratoga Springs NY[/caption] WHY YOU NEED TO MAKE A LIFESTATE NOW IN UPSTATE NY During their lifetime, people acquire many assets. These assets often include real property such as houses and land. They also may have a large amount of cash in savings accounts and CD’s, as well as stocks and bonds. If a person becomes ill and cannot provide for him or herself, they may need to be placed in an assisted living program. As often discussed in the news, these programs and facilities are not cheap to say the least and if a person can’t afford them outright, their assets are often used up in no time at all and the remainder…
Read More
What to do after getting a Criminal Charge

What to do after getting a Criminal Charge

Blog, Criminal Law
When faced with a criminal charge, whether it be a felony or misdemeanor, there are numerous things one should take into account before dealing with the issue head on. First, one should know their basic rights. Everyone is familiar in some fashion with the "Miranda Rights, " which begin with "You have the right to remain silent." This statement is an extremely important one in that it gives the accused the right to not say anything that would potentially incriminate themselves in the future. More often than not, defendants are convicted not on the actual accused crime itself, but on the criminal procedure that follows thereafter. All sorts of verbose technicalities ensue during a criminal investigation and if one were to slip and say the wrong thing out of context,…
Read More
Taking a Defensive Driving Course

Taking a Defensive Driving Course

Blog, Featured Articles, Traffic Tips
[caption id="attachment_342" align="alignleft" width="150" caption="Taking a Defensice Driving Course"][/caption] We’ve all heard of a Defensive Driving Course, but exactly what does such a course entail? Most often people enroll in said course because they received a traffic violation and have acquired a few points on their license. By enrolling and completing a Defensive Driving Course, an individual can have up to 4 points removed off their license at a given time. If you receive a 2-point violation, the course will eradicate said points. However, you can’t “bank” the other two and have future points retro actively removed. In New York, taking a Defensive Driving Course for point reduction is allowed once every 18 months. The course does not remove the actual violation for your driving record, but it does remove…
Read More
Getting Tickets for Talking and Texting

Getting Tickets for Talking and Texting

Blog, Hot Topics in Law, Traffic Tips
[caption id="attachment_548" align="alignright" width="300" caption="Driving while on your cell phone is a 2 point penalty in New York State."][/caption] Recently New York State passed new legislation within the vehicle and traffic law that makes talking on a cell phone while driving a point penalty on one's license. Previously in 2001, NY passed a law making said action a violation and with it came a fine of up to $100. This made headlines because at the time, NY was the first state to finally crack down and impose such a penalty. Now, approximately 12 years later, NY has amended the law to include a 5 point penalty along with a fine. No longer is getting a ticket for talking on your latest and greatest cell phone a mere financial nuisance. Now, with…
Read More