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Being involved in any type of automobile accident can be a traumatic experience, and one that often brings long term consequences for those all involved.  One of the most common questions we hear at Ganguly Brothers Law is centered around when it’s appropriate, and necessary, to contact an attorney after a vehicle car accident.  Since every situation is unique in its own way, we’re going to review some of the basics on hiring legal representation after an accident.

The following represents just a few of the most common and more serious types of car accidents, though there are many degrees of severity and damage among each.  Be sure to speak with a qualified attorney to determine your best course of legal action.

  • Car accidents where you were issued a ticket and/or at fault
  • Vehicle accidents that occur while driving under the influence
  • Accidents while driving on a revoked or suspended license
  • Auto accidents accompanied by additional charges
  • Car accidents which resulted in serious injuries or fatalities
  • Auto accidents involving multiple vehicles or property damage
  • Accidents involving the use of company vehicles, trucks or semis
  • Read more on why we are an experienced auto accident attorney here

Call the Experienced Rochester NY Vehicle Accident Lawyers

If you’re in the Rochester NY area and were recently involved in an accident, hiring the right attorney is a smart way to protect your assets, finances and legal rights.  At Ganguly Bothers Law in Rochester, we’ve represented clients from both the prosecution and defense sides, and bring many years of successful experience to each case.

For a free initial assessment of your case, call our Rochester NY legal office at 585-232-7747 and we’ll be happy to get you started.  You can also send your questions via e-mail by writing to us though our secure and confidential contact page.

While many people want to avoid a courtroom divorce, there is often confusion when it comes to alternatives—what really is out there? Two possibilities: mediation and collaborative divorce. In both of these, the goal is to reach an out-of-court settlement on all the relevant issues, from division of property to child custody. Where they differ, however, is in the process of negotiating. Let’s briefly review some of the key differences between these proceedings.

Mediation:

In mediation, spouses directly negotiate terms of the divorce: Held in a private, informal setting, the parties have several one-on-one meetings over a period of months, under the supervision of a neutral third party, known as a mediator. The mediator cannot decide the divorce terms or give legal advice but, instead, acts as a referee to keep the couple focused on the issues at hand.

Depending on the jurisdiction, attorneys may or may not be allowed in the actual mediation sessions, but, at a minimum, they can be available for advice, every step along the way.

The spouses each separately may bring evidence (such as financial statements) to mediation, and each can have attorneys and other experts prepare this material. Also, mediation doesn’t affect its use in court, if they want to use the same information in litigation.

Mediation can take place at any time—even after a courtroom trial has begun. If the mediation is successful, the parties file a signed agreement with the court, and the divorce is finalized. If mediation breaks down, then the couple can continue the divorce in court.

Collaborative Divorce

In a collaborative divorce, the spouses each hire attorneys to represent them, but then the attorneys—and spouses as needed—join together to work out the divorce terms.

Along the way, the parties share documents and have a frank and open discussion about all issues. They may jointly hire experts to facilitate the process. (So, for example, in a mediation, both spouses may hire forensic accountants. In a collaborative divorce, the spouses hire just one accountant between them.)

Prior to the negotiation, everyone agrees that, if the negotiations fail, both attorneys will resign, and the parties can’t use any information (e.g. that accountant report) in subsequent litigation. For this reason, people typically attempt a collaborative divorce early on. Because if it fails, the parties essentially have to re-start the divorce from the very beginning.

While mediation and collaborative divorce have their strengths and weaknesses, what is important to recognize is that there are calmer, easier, and less expensive alternatives to a classic courtroom showdown. And no matter what form of divorce you choose, you should make sure that you have experienced, qualified counsel at your side. At Ganguly Brothers, PLLC, our capable attorneys are committed to making your divorce as smooth and stress-free as possible. For a free, confidential consultation, contact us through our website contact page or call us at 585-232-7747.

“Conflict and resolution are two sides of the same coin.” 

—Entrepreneur Haresh Sippy

Researchers have found that, when we argue with someone, we stop listening to what the other person is saying. Instead, when they talk, we spend that time planning what we’re going to say next. Yet, in order to successfully end disputes, we have to break common patterns like this. We need to get at what matters. To do that, here are four intriguing strategies to help you successfully resolve a dispute.

1. Anticipate the Differences

Perhaps in order to buoy up their moods, some people prepare for conflict by minimizing the distance between two parties. They emphasize, “We aren’t really that far apart on this.” While that may be a successful strategy in the negotiation room, researchers caution against using that same approach, when you prepare for negotiating. Instead, Harvard researchers suggest that it’s better beforehand to focus on the differences. Then you’ll be ready for them when they arise.

2. Stay in the Present

It may be tempting to dredge up ancient history. It may even feel relevant to re-litigate old arguments, especially if you are using those disputes to gauge if someone is trustworthy or not. However, researchers say that, as much as possible, you should only discuss what’s before you in the here-and-now.

3. Be Your Own Neutral Third Party Negotiator

It’s natural to advocate for your side, but Harvard researchers also suggest that you try (genuinely) to be more neutral. Instead of arguing your point, tell the person, “Here is my perspective. But what do you think about this?” This invitation can be a game-changer. You’ll surprise him by coming off as reasonable and respectful. And when you learn what he’s really thinking, you may come up with a new alternative that hadn’t occurred to either of you.

4. Ask What’s In it for Him

In dispute resolution, we’re typically afraid we’ll walk away having given away too much and gained too little. But Lee Jay Berman, founder of the American Institute of Mediation, suggests a different approach: Link two items together as alternative solutions, then ask which your opponent prefers: e.g., “I can do this or that. Which is better for you?” You’ve flipped the entire process on its head, because now you’re looking out for his well-being, not your own. If he wants to argue, it will seem as if he’s arguing against his own self-interest, and who wants to do that?

No matter what format of dispute resolution you choose, at Ganguly Brothers, PLLC, we will find the strategies to help you succeed. For a free, confidential consultation, contact us through our website contact page or call us at 585-232-7747.

After the initial shock of a driving under the influence (DUI) or driving while intoxicated (DWI) arrest or conviction, you may have many questions, not the least of which is, “How will this affect my insurance?” This is a question of no small importance, because, without insurance, you can’t legally drive. And you don’t want to make an already bad situation by even worse. So how might a DWI affect your insurance?

Well, it will likely depend on the terms of your policy.

For a DWI arrest, if you have a “good driver” discount or other provisions, it’s possible that a company could potentially raise your rate or even cancel your policy outright.

On the other hand, an arrest is not a conviction, and there is still a Constitutional presumption that you are innocent until proven guilty. Therefore, unless your policy requires a disclosure, it’s possible that your insurer won’t find out about an DWI/DUI arrest, on its own. Instead, an arrest may only hit the company’s radar if there is another factor also at issue—such as a DWI-related accident or if the DMV suspended your license. (And, of course, those can also affect your rates.)

However, it’s a much different story, when it comes to a DWI or DUI conviction: New York state law requires that a driver’s license be suspended or revoked. And once you’ve regained your license, the conviction will remain on your record for ten years.

While there is no state mechanism that will automatically alert an insurer of a DWI conviction, again, insurance policies usually require customers to notify their insurer—if not at the time of the conviction, then by the time of the policy renewal.

At that point, you’d be likely be put in a “high-risk” category, and expect to see premium rates skyrocket.

The exact amount of increase will depend on several factors including: your age; if you’ve had any previous DWI convictions; how long ago the conviction was; and the company’s own policies. However, in New York, ValuePenguin estimates that someone’s post-DWI insurance rates may increase by 42%, while CarInsurance.com estimates a 60% increase.

With even a DWI arrest—let alone conviction—having potentially life-changing effects, you need the best defense possible, as soon as possible. Lead by former prosecutor Avik Ganguly, we are experts in DWI and drug criminal defense. For a free, confidential consultation, contact us through our website contact page or call us at 585-232-7747.

What should you do, immediately following an arrest for a minor drug charge in Rochester? Let’s review a checklist of things you should do, and other things you definitely should not do, following an arrest. Here goes:

1. Get a lawyer.

2. Stop talking.

Really. Okay, we’ll get to other things, but if you follow #1 and #2, you’re already ahead of the game. In movies and tv shows, suspects may talk their way out of a situation. In the real world, that doesn’t work. The second you’ve been arrested (or before then), invoke your right to counsel and then stop talking to the police.

Once you’re represented, now there is more to be done.

3. If you’re still in jail, you’ll need to figure out if you’re eligible for bail. (Criminal defense lawyers can often help, both in negotiating the amount needed for bail, as well as refer you to a reliable bail bondsman.)

4. Give your attorney all of your contact information, as well as that of any witnesses or others.

5. Consider your eligibility for a drug court diversion program. There are stiff requirements for participation—first and foremost you have to be willing to enter into a rehab program. But in Rochester, unlike other jurisdictions, you can petition for a diversion program before or after you enter a plea.

6. Notify your employer that you’re going to be absent from work: Expect that you will need to time off for meetings with your lawyer and for court hearings. Depending on the nature of your job, an employer can fire you for a conviction, but an employer cannot fire you if you’re found innocent, the charges are as a juvenile, or the conviction is sealed.

7. As needed, notify family and necessary friends of your arrest.However, do not tell anyone about the underlying facts of the case, even if they ask. If you discuss the facts with anyone other than your lawyer, you may accidentally turn that person into a witness for the prosecution or be accused of witness tampering.

8. Get a copy of your arrest record and related documents (including medical records if you’re under treatment for an addiction.)

9. Review your calendar and notify your lawyer for any possible conflicts  with court dates (from child care needs to upcoming travel)

10. Avoid contact with anyone using or selling drugs, or with any criminal history.

While the weeks and months ahead may be difficult, it is important to know that preparation and a good lawyer can make all the difference. Lead by former prosecutor Avik Ganguly, we are experts in drug criminal defense cases. We know how important—even life-changing—these cases can be, and we want you to have the best defense possible. For a free, confidential consultation, contact us through our website contact page or call us at 585-232-7747.

Driving while intoxicated (DWI) is a significant issue every month of the year, but drunk driving rates tend to spike in November and December. Drinking at holiday parties and events can lead to a higher number of intoxicated drivers on the road. Unfortunately, this translates into a greater number of car accidents, injuries, and deaths. DWI arrests spike not only around the holidays from the number of people driving under the influence; they also spike because of an increase in police activity. Here’s a look at DWI accidents and arrests by the numbers.

DWI Arrest Attorney Rochester NY

Holiday Drunk Driving Accident and Arrest Statistics

Looking at the DWI activity around the holidays can be intimidating as a driver. Not only could you get into a drunk driving accident – you could end up under arrest for alleged DWI. Police are on high alert for drunk drivers around Thanksgiving, Christmas, and New Year’s, often setting up checkpoints and campaigns for holiday weekends. The following are some of the most recent crash statistics about DWI around the holidays:

  • An average of 300 people die each year in the week between Christmas and New Year’s Day, according to the U.S. Department of Transportation.
  • In 2016, 781 people in the U.S. died in DWI crashes in the month of December. This was only a fraction of the total of December car accident fatalities that year: 3,067.
  • From 2012 to 2016, 14,472 victims died in December car accidents. Twenty-eight percent of these fatalities (3,995 deaths) occurred in drunk driving accidents.

Police in Rochester are aware of the increase in drunk driving crashes and deaths around the holidays. Thus, they initiate multiple details through the state to detect and stop drunk drivers. Last holiday season, Dutchess County police arrested 72 people for suspected DWI from December 17th through January 1st. If you need legal help for a DWI this holiday season, contact the lawyers at Ganguly Brothers Law.

Have you received a DUI charge? These arrests can cause a great deal of stress and fear. The state of New York can strictly punish those accused of DUI, and handling these charges alone is stressful. Here is what you need to do after you receive a DUI charge in New York.

DUI Arrest Lawyer Rochester NY in 2019

Understand the Potential Consequences

Before taking action for your DUI charge, take time to understand the potential consequences of your arrest. The state of New York has different consequences depending on the number of previous charges and the severity of the accident.

If you are 21 or older and this is your first DUI charge, you could face:

  • A $300-$500 fine
  • Up to 15 days in jail
  • 90-day license suspension
  • Additional assessment fines, totaling $750
  • Mandatory program enrollment

For second and subsequent offenses, you could face:

  • Six-month license suspension
  • $500-$750 fine
  • 30 days in jail
  • Mandatory program enrollment
  • $750 in assessment fines

Jail time and fines increase for aggravated offenses, which involve serious bodily harm, property damage, death, and/or high blood alcohol content levels over 0.18%. You will need to attend a hearing with the DMV as well as the criminal trial.

Contact a DUI Attorney

Next, find a New York attorney experienced in DUI defense litigation. This attorney can help guide you through the trial process, explain the potential consequences, and help conduct an investigation into the circumstances of your case. Your attorney will also help prepare you for trial.

Gather Your Evidence

You’ll want to schedule a free consultation with your DUI attorney. Gather the following materials to present to your attorney at your meeting:

  • Police reports
  • Witness information
  • Chemical test results
  • Medical records
  • Security or dashcam footage
  • Any other documentation related to your case

Do you need an attorney to represent you in your DUI case? Contact Ganguly Brothers PLLC today to schedule your free consultation at our Rochester offices.