Ithaca Lawyer NYS Teacher Certification and Marijuana Charges

As a criminal defense attorney I really believe that my job is all about protection. The problem is that most people (me included) can't protect against unseen or unknown enemies. Studying the law (the statutes) gives you a keen insight into anticipating issues. Criminal or even non-criminal charges involving drugs, marijuana, and controlled substances are a powder keg (a ticking time bomb) to those that have professional licenses and/or certifications. In this blog I really want to focus on New York teachers and their certifications. I'm straight from Brooklyn so NYS is near and dear to my heart. I recognize that some of the New York rules, laws, and statutes can be antiquated to many people.

In NYS any violation (of law) is professional misconduct for a professional license holder. One overlooked profession (in more ways than one) are teachers. They must have teaching certifications to teach. If they have any misconduct involving specific offenses they face loss of this certification. Those seeking licensure (certification) also must deal with any of their past convictions. Remember the focus of this blog is on the administrative issues not the criminal ones even though they integrate with one another. Administrative sanctions have a much lower standard (level) of proof. It is just a bit higher than the civil standard of preponderance of the evidence. This is also referred to as a little more likely than not that something is or isn't.
Some have referred to this as the substantial evidence standard. It is a far cry from proof beyond a reasonable doubt used in criminal matters. A license is merely a permission and does not rise to the standard of a protected right. You have NO right to teach or do any other profession.

How Many Professional (working) People Smoke Pot?

I don't know the answer to that question but I can tell you alot. In the last 10 years I have been offered more pot by more adults at social gatherings than you may imagine. My pot days are behind me but I understand the desire of people to chill out whether with a drink, a smoke, or a relaxing substance. Drugs have been around for thousands of years, they are not going away anytime soon, and used responsibly they can be life savers and life enhancers.

So What's the Problem?

What many people don't know is that a seemingly innocuous pot charge (even at the violation level) can lead to severe discipline to a teacher's livelihood. A mere marijuana violation (penal law section 221) and subsequent conviction for smoking, and/or possessing pot will lead to a rebuttable presumption that you are unfit (lack moral character) to teach.

This is under NYSED Part 83 Determination of Good Moral Character. If you are convicted of any of the specifically enumerated offenses (a marijuana violation is one of them) then you are presumed immoral and unfit. This rebuttable presumption is one in which you are presumed to be morally guilty.


Section 83.4. Hearing.

(d) Evidence of conviction of a crime shall be admissible in any proceeding conducted pursuant to this Part, but such conviction shall not in and of itself create a conclusive presumption that the person so convicted lacks good moral character. In the case of a certified individual, proof of conviction for any of the following acts constituting a crime in New York State and committed subsequent to certification shall create a rebuttable presumption that the individual so convicted lacks good moral character:

(1) the criminal sale, possession or use of marijuana, a controlled substance, a precursor of a controlled substance or drug paraphernalia as defined in article 220 or 221 of the Penal Law; or

(2) any crime involving physical or sexual abuse of a minor or student; or

(3) any crime committed either on school property or while in the performance of teaching duties.

Then it is your job to prove your fitness and morality to the board. If you are applying for a license there is NO rebuttable presumption. The statute specifically reserves that for those who already have certification and then commit a crime subsequent to that certification.

The potential penalties are highlighted below:

Section 83.6. Penalties.

(a) In a proceeding brought pursuant to this Part, for individuals who are served with a notice that a substantial question exists as to moral character prior to November 1, 2000, a hearing officer or hearing panel, as applicable, may recommend and the commissioner may impose the following penalties: denial of an application for certification, or suspension of a certificate, or revocation of a certificate.

(b) In a proceeding brought pursuant to this Part, for individuals who are served with a notice that a substantial question exists as to moral character on or after November 1, 2000, a hearing officer or hearing panel, as applicable, may recommend and the commissioner may impose the penalty of the denial of an application for certification (for new applicants); and the hearing officer or hearing panel, as applicable, may recommend and the commissioner may impose one of the following alternative penalties upon certified (for those with certifications) individuals:

(1) revocation of a certificate; or

(2) suspension of a certificate:

(i) wholly for a fixed period of time;

(ii) partially, until the certificate holder successfully completes a course of retraining in the area to which the suspension applies; or

(iii) wholly, until the certificate holder successfully completes a course of therapy or treatment;

(3) limitation of the scope of a teaching certificate through revocation of an extension to teach additional subjects or grades;

(4) a fine not to exceed $5,000; or

(5) a requirement that the certified individual pursue a course of continuing education or training.

What Can One Do?


Prepare to stop it ALL at the root cause: the criminal and/or drug and/or pot conviction level.


First, if facing any criminal charges and/or violations of law consult with a knowledgeable attorney.
Second, you should always seek to obtain a NON-criminal disposition to your charges.
Third, if you cannot get a NON-criminal disposition then seek a NON-drug related disposition to the charges.

Level two: Be proactive, Get an Eval, and folow through.

If there is no way to prevent a conviction for the criminal and/or drug charge then get a drug/alcohol assessment/evaluation by a NYS certified evaluator ASAP. Follow through on the appropriate recommendations. Go for a 2nd opinion if you think they are off base. They are like any other health care providers, some may think everyone is messed up and needs extensive treatment. See the OASAS website for certified NYS evaluators. The site below is extensive but you must do your research, not all evaluators are equal. Some charge an arm and a leg for a simple evaluation, some may see as an opportunity to get a patient, be careful. Some may say the same things of me but hey I warned you.

http://www.oasas.ny.gov/

If You Have a Hearing Prepare for It

Go into the board fully armed to prove your value, your worth, your good deeds, your history, and any proactive steps you have taken. Do not allow anyone to take something you have worked so hard to obtain without a fight. Licenses are precious, they are more than just pieces of paper, they allow people to serve in a great many capacities, and they need to be valued. Do you need a lawyer? That is a million dollar question. Actually, if you have a lawyer at the lower level (legal defense) you may not ever get to a license hearing. Every case and situation is different and unique. Always best to consult with counsel (what did you think I would say?, I'm a lawyer).

Dr. Lawrence (Larry) Newman
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850
607-229-5184

http://www.ithacadwi.com

Ithaca Cortland Lawyer The Privileged

I have this new disease called CRS (can't remember stuff). Maybe it is brought on by maturity. No really, when getting older you may get wiser, but your memory for some things just ain't there. I write things down. It is said, a short pencil is better than a long memory.

But there are "certain" specific moments in my education (and life) that I can remember as if they happened yesterday. I have had a handful of inspired teachers. People so enthusiastic about their subject matter that they were infectious.

One such person was Dr. Joseph Janse. He was the president of the National College of Chiropractic (now the National University of Health Sciences) in Lombard, Illinois. A man of great understanding and wisdom. He shared his love for and of the body whenever and wherever he spoke. He said and I paraphrase, "you are one of a few lucky people, one who will be able to see and know the beauty of
G-d's greatest miracle."

The Privileged

He was speaking of our privilege to take courses in the subject of Gross Anatomy. We had over a year of anatomy labs (spanning hundreds of hours) in which we had the privilege to dissect donated bodies. We took our time, layer by layer, organ by organ, to discover and uncover all the wonders of this miraculous machine. Physiology courses helped us to understand how the body would function but anatomy was the core of how things were arranged, organized, and designed. Dr. Janse said, "you cannot deny the existence of a power greater than yourselves after seeing the intricacy of this brilliant design." This was certainly no chaotic universe and G-d exists.

I have had one other teacher give me goose bumps along the same trajectory. It was in law school. Another inspired professor said it was a privilege to see how our government and laws was organized. How our system of checks and balances was designed by enlightened minds inspired by G-d. Once again the word,  privileged, and once again I felt blessed and fortunate. The more I studied the law, the more things would make sense. Things fit together and there was a reason behind so many seemingly unrelated areas.

I really believe that we who practice (law and the health sciences), and have had the peek behind the proverbial curtain so to speak are truly privileged. Knowing what we know, sharing what we know, and helping others with and through that insight is truly the greatest of gifts.

Dr. Lawrence Newman

Attorney and Counselor at Law

Doctor of Chiropractic

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacainjurylawyer.com

Ithaca Lawyer-Chiropractor The Wonders of Electricity & Healing

Most people never stop their day, and marvel at just how miraculously their bodies function. They call them EEGs, EKGs, and EMGs for a reason. The big “E” is for electrical. We run on this electrical current. Electricity is manufactured in the brain via chemical reactions. This wonderful current conducts, and controls our body’s functions. Crudely speaking we are a mass configuration of various pumps. Pumping organs on the inside (heart, lungs, liver, etc.) and outside (skeletal muscles).

We have two types of systems: one is called the sympathetic and the other the para-sympathetic. One speeds things up, and one slows things down. When they functioning in a normal, healthy, and balanced rhythm these are a beautiful symphony to behold. I have been privileged in two wonderful professions: Chiropractic and Law. Seeing the inside workings of the body, and the inside working of the legal system have revealed to me an organization beyond the surface chaos.

How Injuries Affect Flow

The body functions best as a dynamic mass of movement. Stagnant pools harbor death and disease. Much the same way static (stopping) blocks to an otherwise constantly moving and pulsating self healing system create the build up of toxins. What many serious injuries to the body do is primarily disrupt electrical currents. An accident creates damages to a organ which then trigger an inflammatory response (swelling, blood) which then can cause a block, a compression, and/or a slowing of normal flow. Flow of electrical current is slowed or stopped completely by a fracture, displacement, dislocation, rip, tear, or impact to an area.  The consequences of this disruption in the tissues are that the body cannot remove toxins or move blood successfully. Further blocking down the line causes a domino effect, remember all systems are interdependent upon one another, and this leads to further disease.

Feedback Loops

Electricity is also part and parcel of a feedback loop. Destruction of body tissue leads to a communication breakdown. The organ cannot relay what it needs or requires to the brain. Supplies never arrive or arrive late to a sick or damaged area. A divorced muscle or internal organ will eventually whither and die.

Documentation of Injuries

Diagnosis is the discovery of causation. Getting to the root cause of a problem is the only hope of applying appropriate and proper treatment to an injury. Electrical studies after an accident are a key to not only objectively documenting the effects of an injury upon the body but more importantly uncovering the source of disturbance to nerve flow. Determining the level of function post accident (event) is crucial to treatment.

Measuring how the brain and peripheral nerves are functioning after an accident can yield a definite diagnosis. During the course of treatment re-testing can then determine whether or not the treatment is effective (working favorably).  If it is not working to assist the body’s healing, then new measures (more invasive or aggressive) like surgical intervention can be considered.

Dr. Lawrence Newman

Attorney and Counselor at Law

Doctor of Chiropractic

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

Larry Newman, Attorney and Counselor at Law is there really a difference?

Some lawyers use the designations: Attorney and Counselor at law. Whether it appears on their business cards, stationery, or a sign is there really a difference between the terms? Is it merely just a matter of semantics? Is there really a separate and distinct division between the two things?

As a younger man I was a Chiropractor. In Florida, I was called a Chiropractic Physician. Our Board was the Board of Chiropractic Medicine (kinda like jumbo shrimp). Some would dispute the use of those terms. Some might even dispute the use of the title doctor. By the way, doctor merely means teacher. I am proud of my chiropractic (holistic) background, and my humble academic education.

I believe that the bulk of true learning, and real education does not take place in schools. Life is the great teacher if you allow it to be. I have learned a great deal about many important things outside of school. I am an avid reader, seminar/conference goer, world traveler, seeker of experiences, and curious george. 

My greatest lessons came at the hands of a fate. I learned about loss when I buried my father at age 17. I learned about compassion for those without voice at the hands of a stutter that left me speechless for years. I have been a witness to senseless suicide, and marveled at the miracle of unconditional love. Fatherhood and husbandhood have taught me because I have allowed them to. My wife and four kids have taught me humbleness, gratitude, and the honor of service to things unseen.

With the passing of a great many years my skin and demeanor has thickened, I say under my breath, “thank G-d.” I am not rattled by name calling or basing who and what I am on a title or a term. Who or what I may be can be decided by the people I feel privileged to serve. I am much more to them than any professional designation.  I’ve been called so many things good and bad by the full gamut of humanity over the course of 26 years. No one has ever called me anything worse than I have called myself (in my own head).

The “Attorney at Law”

In my belief, lawyer (attorney at law) means someone versed in, and able to apply the law. Using a great many skill sets (within a specific area or areas) they hopefully can file motions, write briefs, argue law, cross exam witnesses, make opening statements, deliver closing arguments, and pick a jury. But all too often a lawyer will choose to fight a protracted war when more sensible remedies may be at hand.

The “Counselor at Law”

Counseling people as an attorney may or may not be something that all lawyers can perform successfully. Counseling requires communication that is more than legal. It is an art and science to explain, to enlighten, to guide, and to inspire clients.

Going Beyond the Sidelines

I believe that clients need to be participants, and not merely spectators. They need to understand their options. They need to make not just choices and decisions with their lawyer’s guidance but make informed choices and informed decisions.

Speaking the language of the client means more than their native tongue. It means getting to know what is important to them (their values). How do they place their values along a hierarchy (a scale) of least to most important? What matters most to them may not be what I may assume it to be. It also means understanding their end range (long term) goals.

Counseling Clients

Injured clients need a medical advocate. Sometimes they need someone to interpret and balance their health care providers. Clients may require assistance in weighing the long-term risks of surgery, rehabilitation, potential disabilities, temporary and permanent impairment, and the myriad of life altering decisions.

Criminal defense clients need to know all the collateral effects to their situation. What about their long term plans to pursue a professional license, a position of employment, or an opportunity in another state or country? What hurdles will they need to surmount? What can be done now or in the immediate future to help them with that?

Personal counseling could take the form of providing resources, giving direction, and creative thinking. The attorney as counselor dynamic integrates multiple aspects of a person’s life. There are legal issues at play with the competing social (family) issues with hard to avoid financial issues with logistical (practical) planning. A counselor will assist a client best by not giving all the answers (making choices) but by asking them the right questions. Leading a client is the real goal. To lead a client to their best choices means forsaking all else by placing their needs and desires first.

I have had cases that I wanted to fight. These were matters I felt strongly about. These were situations where I could taste blood. I wanted so badly to drag it out, to knock them down, and to win at all costs. I wanted these lawsuits, and to take them to court. But they were not in my clients best interests. They were for me but not for them.  I have since grown up. There is a new and better version of myself, the 2.0 Larry Newman. I can now recognize when this demon emerges. The counselor places it all in perspective, reverts back to square one, “what is in the best interests of my client?” That must always be the primary question. Patients are afterall NOT a disease or a condition. The real doctor must treat the patient. Clients are NOT their legal cases, they are people with problems. Some may require a lawyer (to handle their case) but many more have problems that require a counselor at law. 

Dr. Lawrence Newman

Attorney and Counselor at Law

Doctor of Chiropractic

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

 http://www.ithacainjurylawyer.com

Ithaca Lawyer "Can Future Employers Hold Stuff Against You?"

Getting a professional license or a job these days is hard enough. What if you have a past? What if you have had some errors in judgment? Employers cannot discriminate against you with or without criminal convictions.

The controlling sections of NYS law are under New York Correction Law - Article 23-A - § 752 &  §  753. Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses Prohibited.

NYS “encourages” employers and license granters to employ and license those previously convicted of crimes. It is not cut and dried. They must apply the factors set out below to assess your past and what you desire to do in the future.

First caveat, you are only obligated to tell of crimes. Criminal convictions are only those that are either misdemeanor or felony level offenses. This does not pertain to violations. They may be called offenses, you may have been convicted of them, but they are NOT crimes under NYS law. Therefore, a disorderly conduct conviction (a violation), or a DWAI (driving while ability impaired) also a violation, are NOT criminal convictions and should not have to be revealed or held against you by a future employer.

Second caveat, be sure to hold on to proof of your rehabilitation. This includes drug/alcohol evaluations, screenings, completion of any and all treatment, meetings, etc.  If you have any criminal convictions this proof is vital to your allaying the fears of employers or licensing boards. Also have copies of all of your past Court documents: including arrest report, dates of crimes, Courts, and final “outcome” documents (called certificates of disposition).

§  752.  Unfair discrimination against persons previously convicted of

  one or more criminal offenses prohibited. No application for any license

  or employment, and no employment or license held by  an  individual,  to

  which  the provisions of this article are applicable, shall be denied or

  acted  upon  adversely  by  reason  of  the  individual's  having   been

  previously convicted of one or more criminal offenses, or by reason of a

  finding  of  lack  of  "good moral character" when such finding is based

  upon the fact that the individual has previously been convicted  of  one

  or more criminal offenses, unless:

    (1) there is a direct relationship between one or more of the previous

  criminal  offenses and the specific license or employment sought or held

  by the individual; or

    (2) the issuance or continuation of the license  or  the  granting  or

  continuation  of  the  employment  would involve an unreasonable risk to

  property or to the safety or welfare  of  specific  individuals  or  the

  general public.

Any future employer or licensing body (board) must give consideration to the factors below even if you have had prior criminal convictions. How you present yourself and your past in the best light is both art and science. 

1. Be sure to be as complete as possible;

2. Your documentation of everything is vital to their decision;

3. Where are you currently?

Takeaway: Explain your past behavior, present yourself as stable now, and allay their future fears.

§  753.  Factors  to  be  considered  concerning  a  previous criminal

  conviction; presumption.  1.  In  making  a  determination  pursuant  to

  section  seven  hundred  fifty-two of this chapter, the public agency or

  private employer shall consider the following factors:

    (a) The public policy of this state, as  expressed  in  this  act,  to

  encourage  the  licensure and employment of persons previously convicted

  of one or more criminal offenses.

    (b) The specific duties and responsibilities  necessarily  related  to

  the license or employment sought or held by the person.

    (c)  The  bearing,  if any, the criminal offense or offenses for which

  the person was previously convicted will have on his fitness or  ability

  to perform one or more such duties or responsibilities.

    (d)  The  time  which has elapsed since the occurrence of the criminal

  offense or offenses.

    (e) The age of the person at the time of occurrence  of  the  criminal

  offense or offenses.

    (f) The seriousness of the offense or offenses.

    (g) Any information produced by the person, or produced on his behalf,

  in regard to his rehabilitation and good conduct.

    (h)  The  legitimate interest of the public agency or private employer

  in  protecting  property,  and  the  safety  and  welfare  of   specific

  individuals or the general public.

    2.  In  making  a  determination  pursuant  to  section  seven hundred

  fifty-two of this chapter, the public agency or private  employer  shall

  also  give consideration to a certificate of relief from disabilities or

  a certificate of good conduct issued to the applicant, which certificate

  shall create a presumption of rehabilitation in regard to the offense or

  offenses specified therein.

Lawrence Newman, D.C., Esq.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacainjurylawyer.com

Ithaca Lawyer Will the Truth Set You Free?

I listen to people's stories every day. Some stories sound better than others. Some are the truth, and some of course, are versions of the truth. But If you believe it, is it really a lie? Kinda like, if the tree falls in the forest and no one is around to hear it fall does it make a sound?

Well, I prefer the truth. I prefer to know the best and worst parts of people's situations. How can I defend against what I don't know about? It's impossible to help those that tell me BS.

The Truth in Criminal Cases

If you hit a tree, a pole, a guardrail, or narrowly missed a house that's important for your attorney to know. If your driving was less than stellar (all over the road) then the speeding ticket or stop sign ticket was a police "gift" of sorts. I realize that quite often people's memories are faulty. They just don't remember stuff or the effects of drugs have rendered their recollection blank.

Making up history is always a problem. I had a kid that swore ( I hate when people do that) that he downed 8 beers in 15 minutes. His BAC (blood alcohol concentration) was a .22. He had left his dorm to ride into town for some pizza. He said he did not drink anything till he got to the pizza place. The police arrested him as he was leaving the pizza place. He couldn't have been D (W) I because the drinking came after the driving.

What he didn't know that I later found out was that after he hit the "second" mailbox the homeowner's called the police. They (the homeowners) had followed him into town. They watched him drive, and then waited for him outside the pizza place. When the DA handed me their statements I was floored.

This story sounded fishy (or smelled bad) at the onset but I give people every "reasonable" doubt. Could he have played a "drinking game" at the pizza place? yes, but 3:00pm, not likely. Drinking 8 beers in 15 minutes, again possible, but not likely. This was his defense. Not one I would have liked bringing to a jury. I always give weight to the evidence, and my client's story. Proof is always proof though, and the DA had those witnesses.

The Truth in a Personal Injury Case

If someone is injured in a car or truck accident their past medical/accident history is always a question. Are they a blank slate? Do they have priors? Did they make prior claims for any injuries? If they don't tell me or their doctors it will hurt their cases in the long run. Nowadays insurance companies will discover all of your past claims, problems, lawsuits, and crimes.

Honesty is the best policy. Your credibility (or lack of) with a judge, jury, insurance company, or defense lawyer can either help you or hurt you. Sincere, honest, and consistent people make the best claimants. Asking for, demanding, and requesting the maximum money damages for your pain and suffering requires a pair of clean hands. Going in dirty is not going to bring you the best result.

Lawrence Newman, D.C., Esq.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacainjurylawyer.com

Of Catalytic Converters and Sons and Daughters

I am at that point in my life (50), settled (or saddled) with routines and with children in college. We have four kids, 22, 20, 17, and 15, two and two I like to say. One about to graduate in April, and then another set to go off this June.

When I get a phone call unfortunately it not, "hi dad how are you?" More like, "I got a problem," this is what is going on, can you help me NOW! We love our kids, don't always like them but love them yes.

Just last week, right before heading back out to night court I got a call from my son. Issues with his car. Sputtering and running dangerously. He was pretty freaked out.

Take a Deep Breath

First thing always, calm down, you gotta get it checked out. Get the problem diagnosed. He was talking and coming from a place of "desperation." Saying "I Gotta do this" or "I have to do that" language confuses the brain. This is why I don't like any professionals using fear to manipulate people. People are already in fear and uncertainty with their problems, why add to it?


FIRST RULE: Never (EVER) act from a desperate (have to) place. Desperate acts are not well thought through. Desperate is acting from fear. Desperate is hopeless.  


SECOND RULE: Follow an organized plan of action:

1. Discover (uncover) the issue or issues (causes). What are you facing? You can't deal with unknowns. 

First problem for me (as the Dad), he was over a thousand miles away. I know mechanics I can trust locally. His car needed to be checked by someone trustworthy in his area. First, he brought the car to a guy his friend knows. Puts me on the phone, the guy tells me it needs a catalytic converter and oxygen sensors ,,, "how much?" $1,250.00.

Does it Feel Right? Does it Sound Right?

The guy just doesn't sound right on multiple levels. He doesn't break anything down, doesn't explain much, doesn't go over options, and almost seems bothered by me questioning him. Ah, the value of good communication.

2. Go online. Do some research. Investigate. Reviews. Background.


I went online, the catalytic converter for his car cost about $90 to $130 retail. Then I phone a mechanic friend, he tells me these converters don't usually get replaced. Knowing the answers is not as important as knowing what to ask,and who to ask.  Always seek to ask the right questions of the right people.

3. Find a professional. One that can evaluate the problem, explain the problem, and provide a solution (s). 


How do you find a good mechanic in Ft. Myers, Florida or anyplace else for that matter?

I call local parts stores, and ask them for someone reputable. I call two Advanced Auto Parts stores, and they give me the names of two local mechanics. My son gets the car re-checked, bottom line, car gets fixed appropriately for $350.

I would have had no issue if the car needed a transmission, converter, engine, or whatever. I only wanted the issues addressed quickly and properly.

Been there Done that!

I have hired a great many professionals over the years. I didn't always have the resource of the internet because it did not exist. I have been through mechanics who have had me come back over and over. They fixed and replaced just about everything under the hood, and still my car was overheating.

Whether it is a mechanic, a doctor, a lawyer, or anyone else people should be checked out before you hire them. As my son learned this past week not everyone is looking out for you, not everyone is going to give you a fair shake, and not everyone is going to be honest.

Lawrence Newman, D.C., Esq.
Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184
http://www.ithacainjurylawyer.com