Articles by Michael Wechsler
If marijuana possession is legalized in your state, can you receive a DUI for driving after you've had a few hits? Criminal prosecutors in Seattle are under the impression that a sizable number of people are confused about the law and believe that driving under the influence of marijuana is...
If you haven't noticed, ICANN has recently approved dozens of new generic top level domains for registration with hundreds more on the way. These new extensions range from the legal (.ESQ for lawyers), to the identifiable (.XXX), to the geographic (.NYC and .VEGAS) and the utterly useless...
Many sole practitioners and boutique firms internally manage their law firm's or company's website. This week a Russian hacking group reported stealing over 1.2 billion email accounts and passwords and a dangerous Wordpress XMLRPC vulnerability was also announced. Perhaps not coincidentally, the...
Can a monkey own a copyright interest in the pictures they may take? Wikipedia has refused a request to remove from its website a photograph taken by a macaque, which used British photographer David Slater’s equipment. Despite repeated takedown notices by Slater and the Caters News Agency...
A Yankees fan caught napping at Yankee Stadium has reportedly filed a $10 million lawsuit against Major League Baseball, the New York Yankees, ESPN and its announcers. The complaint, filed on July 3, alleges that the plaintiff was disparaged and humiliated during the televised broadcast of the...
Shoplifting, Larceny, Theft
Civil Demand Letters, Retail Theft and Recovery
Shoplifting and retail theft may consist of small amounts of money. However, it is a serious crime treated as larceny by the law and taken seriously by retail stores. If you have been caught shoplifting, you may have been told that you will receive a civil demand letter or you might be surprised...
Fraud, ID & Money
Fraud and Misrepresentation: Civil & Criminal Offenses
Fraud involves dishonest and deceptive conduct by a person or a party for the purpose of obtaining an unfair and unlawful gain. The act can constitute both a crime and a civil wrong. Detecting fraud can be difficult and sometimes it is never discovered. While knowing the law and your remedies is...
Child Abuse, Sex Crimes
Statutory Rape Law and the Age of Consent
The term “statutory rape” refers to sexual relations with a minor who is under the legal “age of consent.” An act of force is not necessary, only that the act meets all the elements defined by statute. Under the law, young persons below a certain age are not able to give their consent. As a...
New York State taxpayers can expect to find some new items on their 2013 state tax return, several of which will apply for future years. The following are noteworthy highlights from the New York State Department of Taxation Form IT-201, Full-Year Resident Income Tax Return, and Form IT-203...
When the costs of medical services are not covered under your health insurance plan, they still may be deductible on your federal income tax return. However, the Affordable Care Act has impacted the amount of medical expense deductions that may be available.
Tax Deductible Medical and Dental...
Tax Returns
Dealing With a Tax Refund Check Sent in Error
It’s unusual that the IRS generates a tax refund check by mistake but it does happen. And when it does, you might want to consider the consequences of cashing in on your lucky day. Do you need to pay it back to the IRS? (The answer should be simple.) When might you need to return the money to...
Laws & Penalties
Biking While Intoxicated: Bicycles and DUI DWI Law
Most people assume that DUI / DWI charges involve an impaired person driving a motor vehicle such as a car, motorcycle, truck or SUV. But what is the law with regard to non-motorized vehicles such as bicycles? Is there an offense such as biking while intoxicated?
Understanding DUI / DWI Laws...
Your child can bring some additional joy to your life during tax season. The federal government recognizes the significant costs involved with raising children. As a result, the Internal Revenue Service (“IRS”) provides special tax benefits for parents. The following list of tax credits...
The teenage girl who left home and sued her parents for child support and school tuition has dropped her lawsuit and returned back to her family's residence. The Cannings and their 18 year old daughter, Rachel - admonished by the judge and referred to as a "spoiled cheerleader" in the press -...
What happens if April 15th arrives and you realize that you won’t be able to file your income taxes on time? How about making a late tax payment? And what if you can file but cannot afford to pay what you owe to the Internal Revenue Service (“IRS”) at the deadline? There is no need to panic...
An 18 year old high school student's lawsuit against her parents for financial support and college tuition hit a snag after her order to show cause for support was denied by a New Jersey court. She is currently residing at the home of an attorney who is not only funding her lawsuit, but is also...
Making a donation to a charity, whether it is old clothes or money, may come with an additional benefit - a deduction on your federal income tax return. However, not every charitable contribution may be deductible, which is why it’s important to understand the rules and conduct proper tax...
DUI & DWI Defense
How to Interview a DUI DWI Attorney for Hire
If you’re facing DUI or DWI charges, you’ll certainly want to make sure that you’re being represented by a reliable and experienced attorney. You'll also want to make sure that there are no surprises when you get the bill. In order to make a good decision, you’ll need to conduct a useful...
Car Accident
Most Common Driver Errors Resulting in Car Accidents
The overwhelming majority of traffic tickets and auto accident lawsuits concern operator negligence. This means that the driver is charged with failing to use the reasonable care that an ordinary person would use in the operation of a motor vehicle. The following is a list of the most frequent...
Criminal Records
Expungement: How to Clear Your Criminal Record
Having a criminal record can affect your ability to be hired for certain jobs or obtain a promotion for a job you already hold. You may not qualify for a loan or clear a background check when you apply to rent or lease an apartments. Many people also want to have their criminal record expunged...