We want to wish all of our clients a happy and safe holiday season. If you and your family have been having a great year, we wish you more of that; but, if you have been having a run of bad luck, or some negative recurring patterns of unhappiness shrouding your bliss, we wish you an end to troubles and brighter days this holiday season. Regardless of our seasonal traditions of choice, the holiday season tends to have plenty of potential pitfalls that could lead to legal trouble. From drinking and driving, to tickets, car accidents and stressful situations that lead to violent arguments, the palpable energy of the holiday season can be misdirected in dangerous ways if we aren’t careful. No matter the particular tradition we celebrate, this time of year is often filled with festivities that include the consumption of alcoholic beverages. Especially for folks who don’t often consume alcohol, it can be difficult to know if you are over the legal limit to drive or not. Even a family gathering with a few glasses of wine can put you over the legal limit. You can be sure there will be plenty of DWI roadblocks set up during this time of year. That isn’t where you want to find out that you are over the legal limit; and, the only way to lower your blood alcohol content (BAC) is metabolizing it over time. According to the NY State DMV , "these drinks contain about the same amount of alcohol - 1 1/2 ounces of liquor, 5 ounces of wine, 12 ounces of beer and 12 ounces of wine cooler. None is "safer to drink" than the others"; and, the average 150-pound male can metabolize one of those drinks per hour. A cup of coffee won’t help reduce your BAC, unless you take an hour per alcoholic beverage you’ve consumed to drink it. But you might not process alcohol as quickly as the average 150-pound male, and your healthy glass of wine might be larger than 5 ounces. Guessing if you are over the legal limit or not isn't a fool-proof strategy to avoid a legal conviction. If you know you will be consuming alcohol, it might be a better bet to have a safe ride home planned in advance. If you can have a designated driver who abstains from drinking, that is a very affordable solution to prevent a potentially expensive legal situation. If a designated driver isn’t available, there are other options. Today, the widespread availability of taxi cabs , Uber , and Lyft rides leaves little excuse to drink and drive. The key to your safe ride home may simply lie in your ability to plan ahead. Before you head out to the friendly gathering or party, have a plan to delegate your ride home to a sober professional or an alcohol-free friendly designated driver. If you wait to plan until after you’ve started consuming alcohol, you might not make the wisest decision. But if you do choose to drive after you have been drinking, know that we are here for you should you find yourself facing legal troubles; and, we are just a phone call away. Drinking and driving isn’t the only holiday hazard we might choose to avoid this season. Focusing on the things in our lives that we are truly grateful for is an excellent way to maintain a healthy outlook through this time of year when emotions run high for many people. But, even if we are maintaining an attitude of gratitude, that doesn’t mean that everyone in our life is equally aware of the abundant good that is informing our decisions. The holiday season can be a source of stress for many people. Unpaid debts may feel even more burdensome during this season of giving. Bills, credit card debts, child support payments, spousal support, and past dreams unfulfilled all may feel heavier around the holidays. And, mixing all of our stress with alcohol can be a dangerous cocktail. Too often verbal disputes between couples turn abusive during this time of year; and, disputes among separated or divorced couples over child visitation plans can ruin the celebration for all involved. It is important to recognize that consuming alcohol can impact our ability to compassionately reason with our loved ones or ex-partners. We might choose to avoid charged conversations if we have been drinking. Even without alcohol, this time of year could be a trigger for us or the other person. This time of year, we might choose to give ourselves and the other person more time and space to process emotions than we normally might feel is needed. We recognize that sometimes interactions with others just don’t go the way we might have wanted them to. If your interaction turns into a legal matter this holiday season, know that we are here for you and just a phone call away. No matter what holiday tradition you practice, the notion of helping your neighbor is probably front and center to your way of life. It is for us here at Kurtz Law Offices as well. If you need legal help today, don’t wait until after the season to reach out. Whether you are a past client of ours, or a current client-to-be, we have a free phone consultation available and waiting for you if you need it this holiday season. We are here to help. Give us a call for your free phone consultation today.

PBS News Hour recently released the third podcast in a five-part series called “Broken Justice” , which takes a look at a judicial crisis stemming from an overworked and underfunded public defender system. Their reporting has been focused on cases in the state of Missouri; but one might be led to believe that this crisis is nation-wide. The realities for Central New York; however, are very different. The improvements to public criminal defense in Central New York, including caseload reduction, started with Hurrell-Harring v. The State of New York, a 2014 lawsuit brought against: Onondaga, Ontario, Schuyler, Suffolk and Washington counties. A Settlement Agreement received court approval in March 2015. That Settlement ultimately led to new caseload standards that were implemented as of April 30, 2019, by the New York State Office of Indigent Legal Services (ILS) for these five counties that have collectively been called the "Hurrel-Harring Counties". Statewide compliance with these Settlement reforms are expected to be implemented by April 1, 2023. So, does this mean that if you qualify for a public defender, but could possibly acquire the funding needed for a private attorney, that you should just stick with the public defender? The truth is that in Central New York, some of the best defense attorneys available are public defenders. Additionally, public defenders often have access to resources for experts that would cost you a great deal of money on your own. I am not a public defender and have not been for many years. And while it may sound as if I am advocating for public defenders, I look for clients I can share the truth with. The truth is you may get a very good public defender, and you may not get such a good one. Do you want to leave your life to chance? Recently an old client described how our defense saved his life; and, I have been blessed with a number of situations over the years where, through persistence and a willingness to fight for my clients, I have been able to get them that last chance the cynical prosecutor or even Judge did not initially want to give my client. We don’t save everyone’s life in every case; any lawyer that guarantees results should be avoided. But I do promise that I will give you the best advice I can, and fight for you. We’ve tried everything from traffic tickets to homicides, and if necessary, we will fight for your case and your protection. Give us a call today for a free consultation. We can help you decide if a public defender is right for you, or if you might be better served with a fee agreement and private representation. We look forward to your call. Reference materials: Director Leahy's Transmittal Memo: https://www.ils.ny.gov/files/Hurrell-Harring/Caseload%20Reduction/Hurrell-Harring%20Providers%20Meet%20ILS%20Caseload%20Standards%20Transmittal%20Memo%20062519.pdf Nora Christenson is the Hurrell-Harring Caseload Relief Implementation Attorney at the New York State Office of Indigent Legal Services: https://www.ils.ny.gov/files/Hurrell-Harring/Caseload%20Reduction/Hurrell-Harring%20Providers%20Meet%20ILS%20Caseload%20Standards%20062519.pdf

Are you the moneyed spouse in a divorce? You could be in for an expensive divorce, but you don’t have to be. New York has implemented rules designed to let both sides in a divorce have a fair opportunity at competent legal representation. Accordingly, when one spouse earns a great deal more than the other, whose contribution may be just as important to the marriage (e.g. raising the children, keeping the home, and allowing the moneyed spouse to continue to maximize their income for the benefit of the family) – the courts are mandated to make temporary awards for counsel fees as well as for child support and spousal support. In the sad event of a divorce this enables the non-moneyed spouse to investigate the assets that have been built up during the marriage and to ensure a fair distribution. Gone are the days when the moneyed spouse could starve the non-moneyed spouse into submission and a terrible divorce settlement. But for the moneyed spouse there are ways to minimize the cost of the divorce for both sides. Fair, open, and competent representation will usually save a great deal of time spent in needless letters, meetings, motions, and of course avoid the shenanigans of hiding assets and failing to disclose. At Kurtz law office we are willing and able to take your case to trial whether the issues are property settlement, valuation of assets, and/or custody and support issues. But we will work diligently to try and resolve as many issues as quickly, fairly, and as reasonably as possible. Sometimes clients are better off in the long run not trying to gouge their former partner for every penny possible. To avoid arguments over possessions that one spouse exclusively utilizes, even if valuable such as boats and snowmobiles; sometimes, simply allowing your former moneyed mate to save the costs of the boat he loves may prompt that person to agree to pay for an additional recreation activity for the children or pay for college expenses and things in the long term that the moneyed spouse could better afford and be more willing to volunteer for. We’ve learned two things in 38 years of divorces that are common to every divorce and every situation we come across. The first is that everyone involved in a divorce wants it over as soon as possible. The other, is that every person’s situation is unique. Whether it be their relationship with their former spouse or their financial situation, every case must be evaluated and considered as unique. We abide by these two guiding principles: the client wants it over; and, we have to listen to the client and understand their unique situation. If you’re considering a divorce, consider giving us a call and we can discuss your situation.

According to the ATTOM Data Solutions U.S. Foreclosure Market Report (attomdata.com) for Q3 2019, one in every 945 housing units in New York had a foreclosure filing entered into the ATTOM Data Warehouse during this year’s third quarter. While this might seem high, it is over a twenty-five percent drop from this time last year and about 1% below our pre-recession average. But, if you are facing a foreclosure right now, statistics used to highlight an ongoing economic recovery don’t help you one bit. Regardless of the statistics, you have legal protections guaranteed you by law, and many options available now to help avoid foreclosure. Understanding what your options are is invaluable. A knowledgeable Foreclosure Defense Attorney can help you with this. In times of personal economic crisis, it can become increasingly difficult to see the forest for the trees. Missteps taken now can impact your personal recovery for years to come. While it might seem counter-intuitive to add the expense of a lawyer in the midst of a negative cash-flow; the cost of going it alone could be far more expensive in the long run. We offer a free consultation to help raise your awareness of some options you might be unfamiliar with, and how we might be able to help you in your particular circumstances. One common misstep that folks make when threatened with foreclosure is to move out of the property being foreclosed upon. That is almost never a good idea. Nation-wide, third-quarter statistics show that the process of foreclosure has taken an average of 841 days, up from 713 days this time last year. So, nationally, people have had longer in their homes this past quarter to plan and potentially save money during a difficult time. Every foreclosure defense case comes with its own set of unique circumstances and the exact duration of all foreclosure phases in your case are likely to vary from the national average; but, if you are just entering foreclosure now, there will be time to evaluate your options and potentially work out an alternative to foreclosure. Take the time afforded you to come up with a plan of action and defense. If nothing else, understanding the average timeline and the process from beginning to end can help you plan a more-comfortable moving strategy – if that does become necessary. We hope that you consider taking us up on our free consultation offer, and sooner rather than later. We’ll meet you wherever you are in the process; but it is almost always easier to start out with a sound defense than to attempt to adjust course after missteps have been made. Everyone deserves a stable home to live in, and we’ll fight for you to defend your right to stay in yours. Give us a call for your free consultation today.

You may not agree on many things these days, but you agree it is over. You may even both agree that you'd like to avoid the costs associated with hiring lawyers. Further, you might both agree to keep the whole thing equitable and simple. However, that may be where the agreements end. Often times, separating and divorcing couples have very different ideas about what is equitable; and, what may be simple for one party could mean giving up rights the other party will have wished that they maintained years down the line. The bottom line is that just because you both have agreed to a "fair divorce" doesn't mean it is going to be that way without the assistance of legal counsel. Could you get through the legal process on your own? Sure, many people do. But many people also wish they had hired an attorney to help with the divorce years after. One thing is certain: You have one opportunity to assert rights such as an equitable distribution of property. It does not matter which partner's name is on the house if it is purchased after marriage; it is usually marital property. Spousal support is Mandatory in New York if the incomes of the parties call for it. Child support has been based on formulas for a long time. Do not come see me and say, I don't want to take my husband or wife for support. Both parents are obligated to support children to the best of their respective abilities. Your children deserve all of the support they are entitled to. Too often I've given a free consultation to those who handled their own divorce years ago, who only realize now they made terrible mistakes and gave away far more than was fair or equitable. Here's the thing: When you are in the midst of a divorce, your emotions are most likely impacting your decisions more than you realize. While there is nothing wrong with wanting an equitable and easy divorce, most people have no idea what the norms are when it comes to settlements and distributions. You could end up surrendering your rights, equity, and/or hard earned money for the rest of your life without cause. How many divorces have you been through? Do you know what to expect? Do you know what a typical settlement looks like? Do you have any idea why your particular circumstances could lead a judge to make a decision contrary to a typical settlement? There are probably aspects of divorce that you know you don't know about; but, there may be laws that you are oblivious to as well. For many people, this may be their first and only divorce. It really isn't fair to think you are in a position to understand what you are even entitled to with all of the variables given in the number of years you have been married, the properties that may have been acquired, working status and any number of retirement accounts, joint accounts, personal accounts, etc. You might think you want nothing now - but in the years to come, that is likely to change - and you may legitimately have earned and deserve more than you realize. What might seem like an obvious given to you, might require a legal document to bind your ex to the path of fairness. I'm not saying there is never a case for a do-it-yourself uncontested divorce. What I am saying, is that you might unwisely think you are in that position, when you are not. Further, I would say that it can't hurt to give us a call for a free consultation. We'll give it to you straight, and even if you decide to go it alone, you might end up with a gem of information that could make all the difference. If you find yourself facing a divorce, please take advantage of our years of experience trying divorce cases and negotiating settlements in Syracuse and all across Central New York; and please give us a call to take advantage of our free phone consultation.

A lot of lawyers advertise that they specialize in DWI Defense. Many of them are very knowledgeable attorneys. I have handled DWI trials of Felony and Misdemeanor charges in courts throughout Central New York for over thirty-five years. I've found that there is a common misconception that lawyers who defend DWIs condone driving while intoxicated. I have never met an attorney, no matter how many DWIs were successfully defended, who condoned or encouraged driving while intoxicated. On the other hand, when most seminars on Criminal Law, and most courts seem to focus on this crime such that it is treated more harshly than many violent acts, something is wrong. When we have established a cottage industry made up of lawyers, special counselors and therapists, rehabilitation and treatment facilities, that are all supported by the exorbitant amounts of money any average person who has the misfortune to be charged must pay, there is something wrong with the system. When the fines and penalties are increased year after year, when new consequences are added so that the Division of Motor Vehicles tacks on added costs called Safety Assessments and consequences whereby they can go back 25 years and declare people to be dangerous drivers and revoke their drivers' licences even after they have fulfilled their obligations to society and the courts, there is something wrong. When officers can knock on your door and question you after you have driven, because someone made a phone call and stated that they think you might be under the influence, there's something wrong. If you are charged with DWI, hire an attorney who will fight for you and is not afraid to challenge the validity of the arrest ;and, will guide you through the process and make it as painless as possible.

Most times, in a divorce or even a relationship ending, pet custody is not addressed and it can be in an agreement or even a judicial decision. While under the law pets are considered property; to those of us who love them, our pets are a part of the family. We still love the family pet, despite falling out of love with the other significant human in the home. So, if your personal relationship falls apart and you don't have a receipt proving ownership of your pet, does that necessarily mean that you will not even gain visitation rights? Don't give up hope. More and more people are thinking of their pets as they would children during separations and divorces. But how can you come to an agreement that won't end up costing more than many times the monetary value of the household pet? Let's face it, not everyone owns thoroughbred horses or AKC registered champions that warrant a large legal budget to determine who gets the valuable property. Rover the Mutt you adopted from the SPCA or Boris the Pit Bull Mix someone gave you still need love and a home; and, at Kurtz Law Offices we look to provide for the future care of all members of the Family, Human or otherwise. Because we handle so many pet owner rights issues, our practice has had a particular emphasis on animal cases. Who keeps the family pet may need to be decided in a court of law along with who gets the 4-wheeler or the boat, and it can be; but, more and more separating couples, married or not, are agreeing to share the pets and it can be done. The end of love need not mean someone must lose the pet you both still love and loves you. With more than thirty-five years practicing law in the Greater Syracuse NY Area, we are in the perfect position to bring our experience to your case in Onondaga County and all of Central New York. If you would like a free consultation to discuss your divorce or pet ownership case, give us a call today.

No judge ever wants to appear soft on crime. We hear every day about disparate treatment because of race and economic status. There are definitely inequalities in the system. Life isn't always fair. My best advice to anyone facing criminal charges is to act quickly and retain experienced counsel that will fight for you. Recently, an old client told me that he felt his life and career were saved as a result of my representation. His comments gave me one of the warmest feelings anyone could have. Hearing how his life turned around, and how successful he has become was the nicest gift anyone could give to me. We deal with stress, fear and life changing crossroads in our client's lives and we want to help our clients and to make a difference. If any lawyer promises you outcomes, you want to run away. If they are emphasizing that they know the judge or the District Attorney (DA) - run. Any lawyer who has been practicing for any length of time in Central New York will and should know most of the local judges and the DA. Generally Judges and District Attorneys view their responsibilities to their office and the public as their responsibility and they try to dispense justice evenly and fairly. My promise to you is clear and simple. I care about your outcome. I will be honest with you, and I will give you my best efforts in your defense. If you are really in trouble, you want an attorney that cares. We will fight for you. Give me a call at my office for a free consultation.

Custody Cases whether between non married parents, during a divorce or involving Grandparents often have the children caught in the middle. Children do not want to be in the middle and usually prefer not to have to choose. The law requires the Court to determine the Best Interest of the Children not the parents or other parties; and, if you approach the issue with that in mind you will be better served. The custody battles are never easy, but with an experienced Family Law Attorney on your side you can protect your rights and help bring about the best outcome for those you love while staying focused on the things you can best impact and minimize the risk of hurting the subject children. In the past, mothers were much more likely to easily gain full custody of children and there was once a Tender Years Presumption that for young children they were presumed better off with the Mother. That presumption was overruled when I started practice 38 years ago. Today a mother may have to fight just as hard in court to prove she is most fit to care for her children and more and more fathers are recognizing and standing up for their rights as parents. Bill Kurtz fought for and won custody cases to uphold the rights of fathers, grandparents, other relatives (even Step Parents and Non Relatives) and has won cases actually tried in Courts all over Central New York. From greater visitation rights to full custody, Bill continues to fight and win for "Parents" whether or not biological. We define a Parent as the person or persons who truly take care of a child. Whether you're a mother or a father, relative or friend with whom the child should reside, having Bill's experience, compassion and savvy on your side during a custody battle is a wise decision. These days, it isn't even certain that the mother or father will end up with custody of the children for many reasons. Perhaps you have been a primary care giver on the sidelines of a dysfunctional family. It is a sad reality that sometimes circumstances and poor choices leave parents incapable of providing a healthy and stable living environment for the children who are caught in the middle. In those cases, it may be possible for a non-traditional guardian to win custody. If Child Protective or the State is getting involved with a child you love, you do not have to defer to a caseworker who may not have all the facts, and be constrained by their many rules and regulations. Regardless of your relationship to the child or children, at the end of the day, there is nothing more traditional than a stable and loving home; and Bill has helped the courts to see it that way. If your's is the love the child or children need most in their lives, Bill Kurtz has over 37 years helping folks win custody battles in Onondaga County and all across Central New York. If you are looking for an experienced family law attorney in the Greater Syracuse area with a track record of success, give Bill a call today for a free consultation.