Judges show Sympathy for Defendants with Brain Injury

On August 16, 2012, in Criminal, Litigation, Personal Injury, by John A. Weber IV, ESQ.

Shorter Sentence with proven Brain Injury

Judges giving shorter sentence with proven brain injury

There was an interesting article in the New York Times by Benedict Carey.  The article outlined a study that was conducted to figure out whether judges adjusted sentences that would normally be given to those defendants who were proven to have brain injuries.  Brain injuries have become more clear in recent years due to advances in medical technology.  Such clarity seems to be swaying judges from “dropping the hammer” so to speak, on these defendants.

Opposition to such a trend are not convinced that these injuries are clear and definite enough to alter legal decisions; especially those decisions made by judges.  Such a study may be used as an important tool on how to proceed with all types of litigation and settlement negotiations.  It is always interesting to see how real world issues work their way into court rooms.  The link for the article is listed below.  If you are trying to determine whether or not to bring a case that involves a party with a brain injury, call 516-858-2620 to speak with an attorney.

NY Times – August 16, 2012

Criminal Attorney in Mineola

If you have questions regarding the impact that brain injuries can have on sentencing, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620.

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Bankruptcy Attorney. Bankruptcy and The Automatic Stay

On May 13, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

The Automatic Stay

The filing of a chapter 7 or Chapter 13 bankruptcy case automatically stays (stops or suspends) virtually all collection attempts (including those harassing phone calls), attachments, garnishments, foreclosures, and other actions by creditors against the person filing (the debtor) and their property.  A few days after a chapter 7 or 13 bankruptcy case is filed, the court will mail a notice to all creditors ordering them to refrain from taking any further action against the debtor.  Any creditor who intentionally violates the automatic stay may be held liable in damages to the debtor.

However, criminal proceedings and actions to collect domestic support obligations are not normally stayed. The automatic stay also does not protect cosigners and guarantors of the person filing, and a creditor may continue to collect debts from those persons after the case is filed (chapter 7) or completed (chapter 13). Also, debtors who have had one or more recent bankruptcy cases dismissed may have the automatic stay shortened or denied altogether.

Caveat: A creditor could make a motion to “lift” the automatic stay. Such a motion, if granted, would allow that creditor to continue collection efforts against the debtor or their property.

Bankruptcy Attorney in Mineola

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Turnpike in Mineola, NY 11501.  Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

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