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Buffalo New York Law Q & A

In this of section our website, we’ve answered hundreds of questions we’ve been asked over the years. So if you have a question, we might have the answer right here.

There are four ways to get an answer to your question.

One, type your question in the search box to the right and click “Search” – every page we have related to that question will then be shown.

Two, below and to the right, you’ll see a section called “Categories”. Just click the section related to your question and every page we have that is applicable to your question will be presented for your review.

Three, the links at the bottom of this page will take you to a web page that can answer many of the questions you might have.

And four, if we don’t have your answer here, or if you’d like to speak with us, feel free to call and arrange a free consultation – either on the phone or in-person.

We can be reached at 716-542-5444, or if the call is long distance, please call 1-800-729-4571.

A divorce judge can’t force you to retain counsel for your divorce, but if your divorce petition is incomplete or significantly unbalanced, the judge doesn’t have to approve the divorce.

You may even have to start the whole process over again, with the expenses that go with it. Ultimately, if the court believes you are wasting its time, you may end up with very costly results.

A good divorce lawyer does cost money, but the investment represents not only getting the best possible divorce settlement you can – which can save you tens of thousands of dollars – but also a savings of your time and energy during a period of your life where you should be able to focus on more important issues.

Call the attorneys at Friedman & Ranzenhofer today at 585-377-5504 for a free consultation to learn how you can have the easiest divorce available.

It is absolutely legal to file for divorce during a pregnancy, and the law makes clear that all parents in Rochester have a financial obligation to support their children.

You should know that if you file for divorce during your pregnancy, you are likely to face an especially confrontational action, and your spouse will almost certainly demand a paternity test to establish whether they have a biological relationship to the child.

If paternity is established, or your spouse otherwise acknowledges paternity, then they will be obligated to provide child support to your child, starting at birth.

By working with experienced Rochester divorce and paternity attorneys, you can ensure that your child is protected and provided for over the long haul.

Call the attorneys at Friedman & Ranzenhofer at 585-377-5504 for a free consultation today.

When a spouse chooses to be uncooperative, your divorce can become much more frustrating than it needs to be.

If your spouse is evading a process server, they may think they can delay the divorce, or even stop it entirely, but that’s not the case.

While evasion can cause annoying delays for a while, eventually the judge will authorize service by other means and your divorce will move forward.

When you work with experienced divorce attorneys, you stand the best chance of having a speedy divorce that leaves you in the best possible position at the end.

Don’t let your spouse delay your divorce unnecessarily. Call the attorneys at Friedman & Ranzenhofer at 716-542-5444 and speak to an experienced Buffalo divorce lawyer for free.

In some cases, temporary maintenance may become permanent maintenance, but in the majority of divorces, maintenance after a divorce will be set for a particular duration.

In very long marriages, those where one spouse has significant health problems, and similar situations, the divorce judge may order permanent maintenance.

For younger couples with considerable earning power ahead of them, courts will rarely be persuaded to create a permanent order for spousal maintenance.

That said, the temporary maintenance schedule that’s applied during the divorce may become the basic payment structure of the final maintenance order, but a lot of things can change during the divorce itself.

Your full financial picture may not be clear at the outset, and your needs may change based on the ultimate disposition of assets and debts.

The attorneys at Friedman & Ranzenhofer can help make sure that you have all the resources you need during and after your divorce in Buffalo.

Call 716-542-5444 for a free consultation today.

When a spouse files for divorce during pregnancy, one of the first steps we take for our clients is to insist that a paternity test be performed.

If you have any reason to suspect the child may not be yours, be very cautious in how you interact with your spouse and how you approach the pregnancy.

Specifically, don’t sign forms that can be used to indicate that you have accepted paternity.

Courts have a vested interest in ensuring that children in Buffalo are supported, and it does happen that men with no biological connection to a child end up paying child support for decades.

Protect yourself. Let the attorneys at Friedman & Ranzenhofer force your spouse to prove paternity.

Call 716-542-5444 for a free consultation today.

There are several reasons Buffalo area police agencies prefer to use a breath test instead of a blood test to prove a defendant’s blood alcohol content, even though the blood test is considered more accurate.

One of these reasons is that the blood tested often must pass through several hands between the time it is drawn and the actual test, which can create concerns about possible mistakes in testing or tampering.

Once it is drawn, the defendant’s blood is considered evidence that is in the custody of law enforcement, and law enforcement must establish a clear chain of custody from the time of the blood draw until the blood test is performed.

As a result, at the time of the blood draw the vials containing the blood should be labeled and sealed. This seal should not be broken until the blood is ready to be tested.

Also, the entire chain of custody should be clearly documented.

It is not unusual for one member of law enforcement to place the kit containing the blood vials in cold storage until another member of law enforcement can deliver it to the lab for testing.

At the lab, an employee will again place the blood in storage until it can be tested.

An experienced DWI lawyer may look into the documentation surrounding the blood draw to ensure that the vials were properly labeled, the chain of custody was fully documented, and there was little possibility that the defendant’s blood was tampered with or that a mistake in labeling may have resulted in the wrong blood being tested.

A breath or blood test result is often the most damaging piece of evidence against a defendant.

If you face a criminal charge based on a breath or blood test result, you need an attorney who will examine all of the evidence against you.

Call us for legal help at 716-631-9999.

When a driver who previously has been convicted of Driving While Intoxicated, Driving With a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated within the past ten years is re-arrested and charged with another DWI offense, the current offense will be raised from a misdemeanor to a felony charge.

Misdemeanor DWI offenses are normally handled in a local criminal court, such as Buffalo City Court, or a town or village court.

Felony offenses, however, will usually be moved to a county court that has jurisdiction to try these more serious charges.

Following a felony DWI arrest, a driver will still be required to make an initial appearance in a local village, town or city court for purposes of conducting an arraignment – where the defendant will be formally charged – and to address issues such as whether bail is necessary.

A defendant charged with a felony will also be informed that he or she has a right to a hearing to determine whether there is sufficient evidence of a felony to require removal of the case to a higher court.

An experienced DWI lawyer will examine the evidence and determine whether there is any advantage to holding such a hearing. If there is not, the hearing may be waived.

Once the felony case is removed from the local criminal court, it will be screened by a grand jury to determine what charges are supported by the evidence.

The grand jury will then issue a document called an indictment, which lists the charges the grand jury found sufficiently supported.

The charges may be exactly the same as the ones initially charged, although in some cases new or different charges are included based on the evidence presented to the grand jury.

Following issuance of the indictment, the defendant must appear in the county court before a different judge and be arraigned a second time on the charges.

The case will then proceed to trial or plea in the county court.

If you have been arrested for a felony DWI, we are experienced DWI lawyers who can help you at 716-631-9999.

An experienced Buffalo DWI lawyer will closely examine the breath or blood test results when defending against an alcohol-related driving offense.

New York laws forbid driving with a blood alcohol content of .08% (or .18%, for the enhanced charge of Aggravated Driving While Intoxicated per se), which requires evidence that the driver’s blood alcohol content was above the legal limit at the time he or she was driving.

Of course, it is impossible for law enforcement to actually conduct the test immediately after the defendant is stopped, and there is always some delay between the time the defendant was driving and the time of the test.

In some cases, a breath or blood taken some time after the defendant stopped driving may not be sufficient to prove that his or her blood alcohol content was above the legal limit when driving.

This is because a driver who has consumed alcohol may still be absorbing that alcohol into the bloodstream at the time he or she was stopped.

As a result, his or her blood alcohol content may actually be higher at the time of the test than when he or she was driving.

Because the prosecution is required to prove beyond a reasonable doubt that the defendant’s alcohol level was above the legal limit at the same time he or she was driving – not later when the test was taken – this may be significant in cases where the breath or blood test score is only slightly above the legal limit.

There are many issues regarding the breath test that an experienced DWI lawyer will examine when preparing a defense.

If have been arrested for DWI and need legal help, call us at 716-631-9999.

A Buffalo driver who is arrested for drinking and driving and has been previously convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated within the past ten years will almost always find the current charge raised to a felony offense.

A felony conviction carries greater penalties, such as a higher fine and increased potential jail time.

Because the prior drinking and driving conviction is a necessary element of the felony charge, the prosecution must prove at trial that the prior conviction occurred.

This requirement initially created something of a dilemma for New York courts because, in many cases, evidence of prior convictions is not admissible during trial due to concerns that it will taint the jury against the defendant.

As a result, while evidence of the prior conviction must be presented at a felony DWI trial, the court will usually limit what information may be presented.

Proof of the prior conviction frequently takes the form of official documentation stating that the defendant had previously been convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated, along with the date and location of the conviction.

The documentation must also clearly establish that the defendant is the same person by providing additional connecting information such as a date of birth.

In cases where the prosecution appears to have proper proof of a prior conviction, an experienced DWI lawyer may recommend that the defendant concede the prior conviction to minimize the impact of exposing a prior offense to the jury.

Felony drinking and driving charges carry serious consequences.

If you have been arrested for DWI and need help, call us at 716-631-9999.

When a couple has multiple venues available for filing, we encourage people to talk to attorneys in both states.

Because divorce law is decided at the state level, it may be more advantageous to you to work through the courts in your home state.

Conversely, New York’s divorce law may offer opportunities to you that your home state doesn’t, and working with an experienced divorce attorney in Rochester may result in a better settlement for you.

When you speak to attorneys, ask questions relevant to your situation. If you have kids, which state tends to award more balanced custody and visitation?

If you wish to receive alimony, which state usually awards higher spousal maintenance awards? Make a list of topics and call around.

The attorneys at Friedman & Ranzenhofer can answer your questions about divorce in Rochester.

Call us today at 585-377-5504 and speak to an experienced divorce attorney for free.