Hopefully this will be the last time we have to post that we are having a phone issue at the office, but unfortunately we are having a phone issue at the office. In attempting to resolve telephone issues here we changed companies and while that change is occurring the phone may temporarily say that we have a non-working number. I assure everyone we are still here and can be reached via e-mail at kmenderley@kmelawoffice.com. We are hopeful that this situation will be occurring for a few hours.
You know that moment that helps you define what you do. It makes you proud of the things you have accomplished in your career and makes the hard days worthwhile. Today I had such a moment. While driving to work I saw a client walking with their young child. This was a child that had been taken away from them and I helped have returned to their care and custody. While the moment was fleeting and very simple it brought a smile to my face. I helped that individual have that moment and have that time with their child. So after a very long few weeks of non-stop e-mails, court appearances and general craziness in my schedule due to COVID-19 I had a moment that helped me remember why I do what I do and why I love what I do.
Hello. I will be working on setting up a new phone system in the office today. As such, the phones maybe down for a little bit today. If you need to reach us and can’t please email kmenderley@kmelawoffice.com. Thank you
First appearance in a Supreme Court matter in Putnam County since COVID-19 began. It is nice to know that things are moving again to be able to help the clients that need cases heard so desperately.
Putnam County Courthouse (Carmel, New York)
4 stars
Courthouse · Landmark & Historical Place
We are very excited that our clients will now have the availability to engage in Court Skype's from our office. Previously client's had to log in with whatever technology that they had available to them. Due to the issues that many clients have had utilizing Skype for Business, which is not always user friendly, we have a designated computer set up for clients to come to the office to use.
Of course COVID-19 protocols will be in effect at anytime a client is present in the office. As such, clients must wear a mask at all times while they are in the office. Clients are restricted to either the waiting room area or the conference room. The conference room table is sanitized after each client leaves the office. In addition, we have scheduled matters so that clients will not be overlapping, or a client will have to wait in the car until we notify them that they can enter the building.
If you have any questions regarding these protocols please let us know. I look forward to seeing everyone again.
Some exciting news...at least in my small world of practicing law. The Courts in New York are now switching from utilizing Skype for Business to using Microsoft TEAMS. TEAMS is a much more user friendly application and I believe will help streamline appearances. If you don't have Microsoft TEAMS App already downloaded please do so, which will save you time when you are preparing for court appearances.
As always my clients my come to the office and engage in a TEAMS conference with the court from the conference room. Strict safety protocols are adhered to during these sessions and a thorough cleaning of the conference room takes place both before and after any client is here.
The Office is engaging in another week of a virtual trial. As such, if you are only reaching our voicemail please leave a message and we will get back to you as soon as possible. Unfortunately, due to this virtual trial the phone ringers are turned off to eliminate distractions.
A youth part will be a helpful tool to make troubled youths into productive members of the community. So few resources exist for parents who don't know where to turn.
https://midhudsonnews.com/2020/10/14/dutchess-county-to-explore-youth-court/?fbclid=IwAR2YQ8zsLXB1V1as9UAuV0DrWjVNyDSZ8pF6UfIs-zTaFGyJTcLi2B9JGCg
MIDHUDSONNEWS.COM
Dutchess County to explore youth court - Mid Hudson News
https://midhudsonnews.com/2020/10/24/court-order-prevents-new-town-justice-from-taking-office/?utm_source=OneSignalPush&fbclid=IwAR0V_2LLsAhpPIW_mQO78rVcDyOK-yJbW5CIUxdE-yS8qRCeXcsPYCgQdac
MIDHUDSONNEWS.COM
Court order prevents new town justice from taking office - Mid Hudson News
https://midhudsonnews.com/2020/11/06/village-and-town-courts-in-rhinebeck-merged/?fbclid=IwAR30YIOevygQbgApYUWpsT4W2T7W5I7rkjRg6n6DlOQAJFbxxGuDwT5yZWk
MIDHUDSONNEWS.COM
Village and town courts in Rhinebeck merged - Mid Hudson News
While in person trials may not be occurring don’t panic as cases are still being docketed and heard every day. In addition trials can still be done virtually when necessary.
Please call the office if you have any questions regarding the status of your current case or is you are thinking about filing a matter.
https://midhudsonnews.com/2020/11/14/resurgence-of-covid-19-shuts-down-courts/
MIDHUDSONNEWS.COM
Resurgence of COVID-19 shuts down courts - Mid Hudson News
If nothing else the 2020 election has been as interesting as 2020 the year has been in general. Nothing has been as expected and there is truly no guessing what may come next.
One election that appears to be official is the Dutchess County Race for County Court Judge. Judge Forman served our county as a Justice for many years gracefully and in a manner that any lawyer can respect.
Jessica Segal has now won the election and is our new County Court Judge as of this evening. Ms. Segal or should I say Judge Segal elect is a respected attorney who I believe will bring the utmost respect to the bench and a fresh view toward litigation to ensure the fairness of County Court toward both criminal defendants and the People continues now and into the future.
I often get calls from people inquiring how to protect themselves from a probation or parole officer that they do not get along with. My advice is the same every single time…keep a journal. Every time you have contact with probation/parole make an entry in the journal with the date, who you spoke to, where a message was left, who the message was left for and the details of your message. This record may even be admissible at the time of a court appearance if it is kept contemporaneously with the event occurring. However, it can always be utilized by an attorney at the time of trial to refresh your recollection of an event or a date. It can be further utilized by an attorney should a violation occur against you as proof of your good faith in cooperation and working with the officer.
The life of a Family/Matrimonial attorney during the holidays is never dull. Many people face emergency custody matters whereby parenting time is denied or children are simply not returned from visitations. My office is always here to help you through these troubling issues. Sometimes solutions exist that avoid court altogether.
If you have a court order and have a holiday dispute take a close look at your order and the language utilized. Many orders have specific holiday language that is enforceable, even if it is not what you have been doing in prior years. These orders are drafted for a reason and if no one can agree it is time to dust off the order and go by the "letter" of the order. Children don't want to see parents argue during the holidays, which are stressful enough especially in 2020.
Appeals are a powerful thing and an important part of the justice system. When a wrong has been done in the trial level court the appeals process allows decisions and rulings to be heard and potentially overturned. If you believe a wrong was done in the trial court you have only 30 days to file an appeal...if your not sure it is always better to file the Notice of Apoeal and preserve your right to one.
We are here to help guide you through the Appellate Process. If you have any questions regarding a potential appeal on your matter please feel free to contact us for a free 15 minute phone consultation. 
MIDHUDSONNEWS.COM
Appeals court vacates part of man’s conviction - Mid Hudson News
It was a fantastic unexpected surprise to receive a decision from the Appellate Division 2nd Department today whereby my client won his argument and his case was not dismissed. While I truly believed that my client's position was correct and the action should not be dismissed, given COVID19 delays I was surprised that the decision was received so quickly following oral arguments. It is nice to see our courts still trying to move cases forward and see to it that important legal issues are being heard.
Here the Appellate Division clearly stood by the policy that an action should not be dismissed provided some type of cognizable cause of action has been alleged under the law. As such, everything alleged to have occurred must be presumed true for purposes of a motion to dismiss only. If everything is alleged to be true and a cognizable cause of action has been alleged based on those "true" allegations, then an action cannot be dismissed.
Change to firm policies for 2021:
As we enter 2021 the office has evaluated how we will be conducting consultations as COVID-19 continues. At this time consultations for new clients will be charged as follows:
15 minute FREE phone or Microsoft TEAMS meeting
45 min Microsoft TEAMS meeting for $150.00 with document review
45 min in office consultation for $200.00
As always if you have been a previous client your consultation is Free.
We look forward to speaking with you about your legal matter.
While things may be slow moving in the courts right now there are many things that attorneys can do behind the scenes to keep working on cases to hopefully resolve matters or prepare for trials that will be scheduled in the future. Keeping a log of everything that goes on between apperances is an easy way to keep your attorney updated and the circumstances surrounding your case. This will further reduce legal costs as the log can be sent ahead of any meeting that you may have with your attorney. This will reduce the time attorneys will need to conference with you regarding issues and will provide a list of issues that you may otherwise forget to bring up when you meet with your attorney.
The courts are completely virtual today, which is not much different that the "usual" way we have been conducting business at the moment. If you have any emergency please reach out to the office as we are open and also working virtually for the next couple of days. If you don't catch us in the office please feel free to e-mail the office at kmenderley@kmelawoffice.com. Enjoy the snow!
Conducting a virtual trial has become the norm in New York State for the time being. These trials require additional preparation as multiple copies of evidence must be prepared ahead of time in a very specific manner. As such you must always remember to get your attorney paperwork as soon as possible.
Many times my office is preparing documents to be digitally submitted to both the court and counsel. Virtual trials further create confusion due to the manner in which testimony takes place. As such, we recommend scheduling a preparation for your trial that specifically explains how a virtual trial will take place.
I cannot emphasize enough how important an attorney for the child is. Many times parents confuse an attorney for the child as representing the "best interests of the child". Nothing could be further from the truth. Representing a child means that an attorney is representing what that child wants the same way a parents attorney represents what they want. This means that children and their attorneys will often represent something different than what a parent wants. Attorney's for children are advocates for what children want, when they can make a representation of what they want.
"Although children and their parents often have distinct legal positions and sometimes adversarial interests in child abuse and neglect cases, most stakeholders understand that when parents are well represented, outcomes for children may improve as well. This policy development reflects the overwhelming consensus in favor of high-quality legal representation for all parties in dependency cases, and it marks an important civil rights victory for children in having their rights endorsed by federal government-with dollars to back it up."
AMERICANBAR.ORG
Twenty Years of Progress in Advocating for a Child’s Right to Counsel
Life is not always easy but tomorrow is another day. Always remember what your goals are. #kmelawoffice
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Remember to always keep in close contact with your attorneys office. If you don’t understand a request or don’t have access to the paperwork/information your attorney needs then call and speak to the office as soon as possible. Your attorney may provide you with advice on how to obtain the necessary information or they may be able to assist you in other ways.
The Failure to work with your attorney and provide documentation/information timely makes you look unfavorable to the court and negatively impacts your case. You hired your attorney for a reason, but that does not mean you won’t have “homework” to do to make sure case go as smoothly as possible. Unfortunately, an attorney does not have a magic want to make everything ok against without the assistance of a client.
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Have a happy and safe weekend. Find the joys in the little things in life even when it is something as simple as taking a moment to enjoy the sunshine. #kmelawoffice
Remember what is important in life even when life throws you into a tailspin. #kmelawoffice
Enjoy the weekend. #kmelawoffice
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Laws are written in books but cases like these define the written words in those books for future cases.
https://www.law.com/newyorklawjournal/2021/03/22/ny-court-of-appeals-set-to-hear-in-person-arguments-in-criminal-cases-this-week/?slreturn=20210222185216
LAW.COM
NY Court of Appeals Set to Hear In-Person Arguments in Criminal Cases This Week | New York Law Journal
