Babalola Law

08/14/2024

06/18/2024

New Location. The Same Exceptional Legal Service!

04/12/2024

Attorney Advertising

10/29/2022

THE MOST IMPORTANT THINGS TO CONSIDER WHEN BUYING A HOUSE

Written by Konrad Sopielnikow

Key Takeaways

* Factors to consider before buying�
* Important house features to consider�
* Consider the alternatives�
When mulling over the things to consider when buying a house, the process can become increasingly daunting. There are, after all, a lot of things to consider when buying a home. For starters, American economists have scrutinized mortgage interest rates ever since the housing recovery started to gain traction. When it came to buying a home in 2015, experts predicted that mortgage rates would surpass five percent, yet interest rates remained below four percent. While higher than what we had become accustomed to, that was still historically low at the time. Nevertheless, low interest rates have helped many prospective homeowners actively participate in the housing market. Some people have even made the move from renting to owning out of fear of future rate increases. While not inconsequential, interest rates are just one of the many factors to consider when buying a house. Interest rates are by no means the only factor that should determine when you are ready to buy a home.
According to Casey Fleming, published author and mortgage broker, “Small changes in interest rates don’t make large changes in your payment.” While fluctuations in rates could change monthly premiums, they should not be considered the most important factor when purchasing a home. When buying a house, there are too many things to consider to narrow down your criteria to one or two factors.

What To Consider Before Buying A House
If you are thinking about buying a house, you should ask yourself several questions to determine if it is the right time to do so. Whether you are a first-time homebuyer or a seasoned investor, here are some of the most important things to consider when buying a home:
* Debt-To-Income Ratio
* Duration of stay
* Job security
* Down payment
* Emotional state
* Local market indicators
* Mortgage rates
* Supply and demand
* Monthly Budget
Debt-To-Income Ratio

A mortgage lender uses the debt-to-income ratio to determine if you can financially afford to make the monthly payments on the property you intend to take a mortgage loan out on. That said, Samantha Odo, a Licensed Real Estate Expert and the Chief Operating Officer of Precondo, suggests you don’t overextend yourself. “Buy what you can afford, not what the mortgage company tells you can. Be honest with yourself and visualize how you will be paying the mortgage installments in the future,” says Odo. Remember, it’s not merely about what lenders tell you; it’s also about how much you know you can afford. Nobody knows your finances better than you, so make sure you buy a home that won’t over extend your debt-to-income ratio.

The FHA sets its desirable debt to income ratio at 43%. This means that all of your housing-related expenses each month do not exceed 43% of your monthly income. Be aware that if your monthly expenses exceed this amount, you will have a more difficult experience securing a mortgage for the property.

Duration Of Stay
While often overlooked, the amount of time you plan to spend in the home is one of the most important factors to consider when buying. Essentially, does the duration of stay make it more economical to buy than rent? Of course, there is no simple answer to such a generic question. Each market is different and will require a subsequent analysis to determine if buying is the right choice. That said, it is entirely possible to predict whether or not the time you plan to spend in the house warrants its purchase. “On average, it takes four to seven years to break even on a home, where you’ve got enough appreciation where it can pay you back for the cost of the transaction and cost of ownership,” Fleming says. “If you’re thinking about buying a home, selling it in two years and think it’s going to be cheaper than renting, it’s very unlikely to be.”

Job Security
The expansion of the economy can improve employer sentiment. However, that does not mean that job security doesn’t weigh on the minds of those that are fortunate enough to be working. How could it not? We are still recovering from one of the worst recessions in American history. Trepidation abounds. Having said that, the last thing you want to think of when buying a home is job security. Uncertainty will almost certainly ruin any prospects of buying a home. There is perhaps nothing worse than buying a home, only to discover that you are unemployed shortly after. So before you make a 30-year commitment to mortgage premiums, make sure you are secure in your employment position.

Down Payment
The down payment on a purchase remains one of the biggest obstacles in the way of potential buyers. Millennials, in particular, have found it difficult to save up a lump sum of money. Not only did the millennial generation graduate from college during one of the worst recessions in American history, but they are also saddled with student loan debt. If that wasn’t enough, underwritings have become more difficult to work with, and rents have made it utterly impossible to save up enough money for a down payment. In a move to make down payments more “affordable,” both Fannie Mae and Freddie Mac have announced that they intend to back loans with down payments as low as three percent. Moreover, the Federal Housing Administration (FHA) plans to drop the premiums owed on mortgage insurance. The move could make owning a home much more affordable for buyers.

Emotional Status
As simple as it may sound, the emotional state of a buyer is critical during the process of buying a home. That said, homeownership is not for everyone. Buying a home is a huge commitment that not everyone is ready to sign up for. Some still wish to travel the world or find their dream careers. Perhaps even more importantly, owning a home comes with additional responsibilities that not everyone wants to deal with. “Your life changes a great deal when you go from being a renter to an owner,” Fleming says. “When things break, it’s your responsibility to fix them, not the landlord’s.”

Local Market Indicators
As frustrating as it may be, one of the largest factors to consider when buying a house is something you have no control over the local market. When it comes down to it, you may not even be given any options. The market you are interested in may not have any homes in your price range or the right location. On top of that, some market values dictate whether or not owning is even a viable option. While it is becoming cheaper to own than rent in some markets, there are those where renting is justifiable. It all depends on the current state of the particular market you are interested in. So while interest rates are important, it is equally important to own in the right market.

Mortgage Rates
Many people expect mortgage and interest rates to rise in 2018 as the Federal Reserve tightens its monetary policy and moves towards decreasing its balance sheet. However, this prediction has been spiraling through the real estate industry since late 2016, making it difficult to know if and when a notable hike will occur. Over the past year, mortgage rates have hovered between 3.9 and 4.5 percent—a less than significant increase. Some experts hypothesize that rates will hit five percent by the second half of 2018, but there has been no official confirmation one way or the other. One thing is for certain, buying a home at the beginning of 2018 will ensure homeowners a locked in at a low rate compared to decades past.

Supply And Demand
Because home prices have been appreciating, many hopeful buyers find it difficult to purchase within their financial reach. Even current homeowners are opting out of buying newer, bigger, better homes—trading up if you will—for the same reason. This makes it even more difficult for first-time buyers because the supply of starter homes is smaller than ever before. The increase of both rent and home prices mixed with stagnant wages for many leads to the combination of high demand and low supply. While this may make it harder for first-time home buyers, investors who own passive income properties should benefit from the market’s current state.

Monthly Budget
Buying a house can introduce more financial expenses than originally meet the eye. It’s very important to not only consider the home price when buying a home, but also the other monthly expenses that come along with owning the home. When you are buying a house you want to make sure to budget for basic monthly costs like your mortgage, but you will also want to budget for monthly costs like your property taxes, home insurance, utilities, routine maintenance, and more. Each expense should be researched and estimated before committing to buying a home, as sometimes these monthly expenses can put you outside of your monthly expense comfort zone. If you come in with a plan to live in the home long-term you may be able to save on your monthly expenses by installing energy efficient appliances, new windows, and even solar panels. These all come with a greater upfront cost, but they can save you money in the long run if you choose to live there long enough to offset the initial costs.

10 FEATURES TO CONSIDER WHEN BUYING A HOUSE

There are numerous qualities in a house that buyers should consider before making an offer. Each homebuyer is different, so finding the right home for you will require you to consider what you are looking for. Consider these elements of a home before making your decision:
1. Location
2. Size
3. Bedrooms
4. Bathrooms
5. Kitchen layout
6. Appliances
7. Age of the house
8. Maintenance
9. Seller’s incentive
10. Purchase price

1. Location
One of the most important factors of any piece of real estate is location, location, location. Be sure to pay special consideration to the area in which you buy your house. You will want to be sure that your property has easy access to your work. According to Ethan Taub, CEO of Loanry, “many people don’t consider their job, especially now, as they focus on remote work. While many may have adopted it permanently, you may still be required to attend meetings. For those looking for a new job, they should consider if somewhere is close to the house that they are qualified for.”
You may also want to consider the house’s location within its neighborhood as some people prefer to be tucked away from busy streets, and others prefer to have more access to main street roads.
Homebuyers with children, or those ready to start a family, should also take a moment to review schools in the area. The quality of schools can be make-or-break for many homebuyers. Review the public and private options, as well as admission and registration information. It’s always a good idea to know the important information going in.

2. Size
The size of the lot your house is on will impact various aspects of your home’s uses and potential, so you should consider this before making your purchase. The shape of the lot will affect your privacy, and if you have a preference in the shape of your lawn or the length of your driveway, you may want to consider the lot shape.

3. Bedrooms
The ideal number of bedrooms for each family will vary. If you plan to expand your family in the future, you should consider a home with more bedrooms than you currently need. Extra bedrooms are ideal for families who intend to host guests, or they can also function as office spaces. Be sure to consider how you intend to use bedroom space to make the right purchase in the short and long term.

4. Bathrooms
The number of bathrooms in a home can be an important factor for many homeowners. Consider how many people will utilize each bathroom – including gusts. Would you prefer to have bathtubs or showers in each bathroom? Is the size of each bathroom important to you? Is there an opportunity to add a bathroom to the house if the need arises? Ask yourself these important questions while considering buying a home.

5. Kitchen layout
The layout of the kitchen plays a role in the function of the space. If you spend significant time gathering in the kitchen, you may want to consider a more open kitchen layout. If you do not cook often, a smaller or enclosed kitchen might be sufficient for you. Take time to consider the importance of the kitchen space for you and your family to help guide you.

6. Appliances
Home appliances can be expensive to replace. Consider your preference for home appliances as well as the age of the current appliances in the home. Upgraded appliances can be a requirement or a bonus for some homebuyers, but they may not be necessary for others.

7. Age Of The House
If you are not looking to renovate, some houses that meet all your requirements may have been built several decades ago. A factor to consider when buying a house is the age of the property. An older home may have its certain charm and appeal, but in turn, may need more upgrades, repairs, and improvements. If you are interested in an older home, make sure you have the time and budget for renovation projects. Building codes are also a thing to consider when buying an older house. Codes may have changed over the years, so having a basic understanding of the building laws then and now can help you better understand the state of the house. Consult your realtor as they may know the state of the house or where to find the information.

8. Maintenance
Include the cost of the home’s maintenance in your budget. Some projects may be cosmetic and easy to complete. Other projects may require more time and money. The age and condition of the home at the time of purchase will impact the cost of repairs and maintenance.

9. Seller’s Incentive
One factor to consider when buying a house is that some sellers are more motivated than others, while some are more apathetic to whether their house sells or not. It’s common for some sellers to place their homes on the market but are not looking for a quick sale. These homeowners are happy to continue living in their homes for the time being. In effect, there may not be much room for price negotiation. On the other hand, a seller may be highly motivated. This may be due to an estate sale, a sudden need to move out such as a job relocation, or someone looking to pay off one of their mortgages with another. Consult your realtor to determine the motivations a seller may have and how to counteroffer and negotiate properly.

10. Purchase price
Of course, the home’s purchase price will play a large role in whether or not you should buy a home. Come up with a budget that is right for you, and be sure to stick to it. Consider all costs associated with making an offer and closing to make a decision that will accommodate your finances and goals.
If you are moving to a new area, take a moment to review the cost of living. While many homebuyers factor this in when moving to different states, it can still be important to look at even if you are moving a town over. What are property taxes like in that market? Are gas prices typically the same or more compared to where you live now? These factors can impact your budget down the road so it’s a good idea to pay attention before picking your dream home.

DON’T FEEL PRESSURED TO BUY
Remember, one of the things to consider when buying a house is that you don’t have to buy at all. While many around you will buy houses in their lifetime, no rule says you must purchase a house by a certain age. Purchasing a home is one of the biggest decisions you will ever make, and while most see it as a beneficial financial investment, it may not be for you.
Several factors must be considered when buying a house, such as the housing market, interest rates, and plans you may have for the future. If you purchase a house, it may be difficult to be flexible when it comes to your family or career. You also may be unsure if a neighborhood is the right one to settle in long-term. If so, you should consider renting in the area first and save any big purchases for a later time. To save money and remain flexible, many young professionals choose rentals over homebuying as there are several healthy rental markets across the country. This seems to be a more popular trend as the U.S. Census Bureau reports the homeownership rate was around 65% last year. 10 years ago, homeownership was nearly 70%.
Again, try to consider all your options before purchasing a house. Weigh in not only housing statistics but your personal goals as well before making any big decisions.

SUMMARY
When you feel ready to become a homeowner, it is important to pinpoint the most important things to consider when buying a house. As we discussed, there are several factors to consider, such as your readiness, local market conditions, and making sure you know the important components of the home buying process. By giving some of these questions careful consideration, you’ll be sure to have awareness and mindfulness as you dive into the realm of homeownership.

10/28/2022

WHAT YOU SHOULD KNOW ABOUT
YOUR RIGHTS AS A LANDLORD OR TENANT

INTRODUCTION
Both property owners and tenants in the United States face many issues when renting an apartment, condominium, house, or other residential property. These include the amount of the rent, how to make the payments, the length of time the tenant will live there, security deposits, and repairs. The landlord will frequently require an application from a tenant and authorization to run a credit report. Once the tenant has been accepted by the landlord, the parties will enter into a lease agreement. The following is an overview of the rights and responsibilities of owners and tenants in the most basic of transactions.

WRITTEN AND ORAL LEASES
Leases protect owners and tenants by clarifying their lights and responsibilities. An oral lease is based on conversations between the owner and tenant. A written lease is easier to enforce than an oral agreement and prevent disputes about the obligations of the owner and tenant.
In many states, leases do not need to be in writing unless they are for a year or more. However. it's a good idea to put all leases in writing to avoid misunderstanding and disputes that arise when the owner and tenant have different understandings and recollections of their oral agreement.
LENGTH OF LEASE
Leases are for a specific time period or month-to-month. Residential leases are commonly for one or two years. During the time period for a lease, the owner cannot increase the rent unless the increase is specifically permitted in the lease.
TERMINATION
A lease for a specific period of time will terminate on the date provided for in the lease. Owners and tenants can terminate a month-to-month lease by giving the required notice, usually 30- or 60-days advance notice in writing. If a tenant doesn't move out at the end of a lease, an owner can go to court to evict the tenant in what is called holdover proceedings.
Owners can also sue to terminate a lease and evict a tenant who fails to pay rent or perform any other important obligation of the lease. For example, owners may he able to terminate a lease and evict a tenant who damages a residence or who disturbs others in the building or the neighborhood.
PAYMENT OF RENT
Tenants are usually not permitted to withhold rent payments unless the owner fails to correct a condition that creates a danger to the tenant's health or safety after being given notice by the tenant. Rent may also include certain additional payments due the landlord, such as direct payment to the landlord for utilities. One should not ordinarily withhold rent without first consulting an attorney.

INSPECTION WHEN MOVING IN AND OUT
It is important to carefully inspect a residence prior to signing the lease in order to identify items that are damaged or in need of repair. A list of these items can be prepared with notes about whether the owner is to repair them. The list can be used to remind the owner to repair the items and avoid the owner’s charging the tenant for their repair at the end of' the lease.
OWNER’S RIGHT TO ACCESS
Although tenants have a right to privacy, most leases allow the landlord to enter a residence in an emergency, or after reasonable notice (such as 24 hours), to make needed repairs or to show the residence to prospective tenants. However, a landlord cannot just barge in and physically remove the tenant without going to court first. Such "self help" is usually illegal and can result in criminal charges, significant fines, and penalties from the Courts.
SECURITY DEPOSIT
Leases, commonly require tenants to pay a security deposit in an amount equal to one- or two-months’ rent. The deposit protects the owner against the tenant’s failure to pay the rent and against damage to the premises caused by the tenant. Federal law limits the amount of the deposit for federally subsidized housing and some States and local laws regulate deposits.
The owner is entitled to use the deposit for unpaid rent and to pay for repairs if the tenant damages the property beyond ordinary wear and tear. The owner may also retain all or a portion of the deposit at the termination of the lease for any unpaid lease obligations.
Owners are usually required to return a security deposit, less withheld amounts, within a certain number of days after the end of a lease. If the security deposit is not returned, owners ordinarily must inform tenants in writing of their reasons for withholding the deposit. Tenants can go to court to recover damages, and sometimes reimbursement of legal fees, if an owner fails to return a security deposit as required by a lease or law.

INSURANCE
Owners typically purchase property insurance to protect them in case of fire or other damage to the residence. Owners sometimes include provisions in their leases that relieve them of responsibility for damage to the tenant's property regardless of the cause of the damage.
Tenants are usually not protected by the owner's insurance. Accordingly it is in the Tenant's best interest to purchase Renters' Insurance to protect themselves against liability and their property against damage or theft.

RENEWAL
In most cases, the landlord and tenant, will discuss the renewal of the lease before it terminates. They can then agree on the new rent and term if the tenant remains in the premises.
Some leases have an automatic renewal clause that obligates the owner and tenant to inform each of their intention to terminate before the lease ends. Otherwise, the lease provides for automatic renewal at the same or at adjusted rate of rent. Certain States and Cities have provisions requiring continuation of some leases and regulating the amount of rent increases.
If your lease does not have an automatic renewal clause, the law in many states provide that it will continue on a month-to-month basis if the tenant continues to pay rent after the last day of the lease and the owner accepts the rent payments.

REPAIR
During the Lease, the tenant is responsible for damage caused by the tenant or the tenant's guests. For example, tenants can expect to pay for the repair if they or the guests break a lock, window, or appliance.
Owners are not required to repair a residence unless required by the lease, the law, or to cure a dangerous condition that affects the health or safety of the tenant. However, local laws usually require that owners keep the leased property habitable and provide for enforcement by building inspectors. Tenants should notify the owner in writing of any needed repair that is the responsibility of the owner.
SUBLEASING
Most written leases require tenants to obtain the owner's consent prior to subleasing or assigning the premises to another person. Even if the lease is oral, the owner's consent to subleasing is probably required. After obtaining the owner's permission, and the move-in of the subtenant, a tenant may still remain responsible for the rest of the lease term unless released by the owner.
ANTI-DISCRIMINATION LAWS
Anti-discrimination laws protect tenants against owners who refuse to rent to a tenant or otherwise discriminate according to race, religion, national origin, ancestry, age, s*x, or disability. In some places, discrimination on other grounds, such as s*xual orientation is prohibited. Whether you are an owner or a tenant, your lawyer can help you determine whether there is a discrimination problem and how to resolve it.
ENFORCERMENT OF THE LEASE
If the tenant does not pay the rent or otherwise violates the terms of the lease, the landlord can go to court to have the tenant removed from the residence. Most courts have a faster system for such proceedings (summary proceedings) than for other lawsuits. Any tenant who receives a summons, citation, or petition in a lawsuit by the landlord should respond promptly. The time allowed by the court for responding will be stated on the document. Failure to respond can lead to eviction without the full review by the court.
CONSULTING A LAWYER
We are attorneys and we can help you when you rent a residence or when you have problems after your lease has been signed. We can help you review and understand a lease and we can help you prepare a lease that will protect your interests. We can also help resolve disputes and enforce rights regarding payment of rent, return of deposit, and termination of the lease. You should also consider obtaining our services in a sublease or assignment situations when it is necessary to set forth the rights and responsibilities of the landlord, tenant, and subtenant. Our representation can be extremely beneficial if the landlord is going to court to remove the tenant from the premises.

Law Office of Olukayode Babalola, P.C.
360 Maple Avenue, Unit 10063
Westbury, NY 11590
+1 718-590-1000
[email protected]

10/28/2022

WHAT YOU OUGHT TO KNOW IF YOU ARE ARRESTED
INTRODUCTION
The criminal justice system protects the society by arresting and jailing criminals. Yet not everyone who is arrested is a criminal. Someday, you, a family member, or a close personal friend may be accused of committing a crime and arrested. This information provides an overview of the rights of those who have been arrested and explains how we can help protect your rights.

ARREST BY LAW ENFORCEMENT OFFICERS
In an arrest, a law enforcement agent, such as a police officer, a sheriff, or a state trooper constrains your freedom of movement because of your possible involvement in a criminal activity. In some cases, the arresting officer may take you into custody; in others, you may he stopped, verbally or physically, so that you can be questioned about a crime.

An arrest warrant is a written order by a judge directing the police to arrest the person named in the warrant. If a warrant for your arrest has been issued, the police may arrest you in your home or in a public place. At the time of your arrest, the officers making the arrest should tell you that they have a warrant and show it to you.

Without your consent or special circumstances, you cannot he arrested in your home without a warrant. The police can arrest you without a warrant for committing a misdemeanor in their presence. Misdemeanors are ordinarily lesser crimes. Examples include trespassing, disturbing the peace, driving under the influence of alcohol, failing to stop when you are in an accident, driving without a valid driver's license, or causing the police to believe you will disregard a traffic citation.

The police can also arrest you without a warrant if they have reason to believe that you have committed a felony, such as robbery, murder, or drug offenses. If you are arrested without a warrant for a felony or a misdemeanor, you are entitled to a prompt hearing to determine whether the officers had the minimum level of evidence required for a legal arrest (Probable Cause).

CITIZEN’S ARREST
A citizen, such as a security guard or store owner, may arrest you if you have committed a crime in their presence. They can also arrest you if they have good reason to believe that you have committed a felony. However, the arrest is only lawful if you committed the crime for which you were arrested, and you must be promptly taken before a judge or turned over to the police. You may be entitled to recover damages for unlawful arrest for a crime you did not commit.

RESISTING AREST
The police may use the reasonable force necessary to arrest you, but they are not permitted to use excessive force or brutality. Word of advice, even if you are innocent, you should never resist arrest. Besides risking injury to yourself, you may be charged with the crime of resisting arrest. If you resist a citizen's arrest, you might be charged with assault and battery. Even if you are eventually found innocent of the original charges, the arrest is not illegal if it conformed to the requirements of the law.

SEARCH
Ordinarily, the police must have a search warrant before conducting a search. However, after you have been arrested, the police may search you and the immediate area around you without a warrant if they reasonably suspect that you may he armed. A search is also permitted when the police see contraband at the time of making an arrest. If the police find something that it is a crime to possess, such as a gun or drugs, they may take it and arrest you for possessing it. The police may also take your money and property from you to keep in a safe place until it can he returned to you or used as evidence. If possible, try to verify that all of the items taken from you are inventoried on a written list.

CONTACTING THE LAW OFFICE OF OLUKAYODE BABALOLA FOR LEGAL ASSISTANCE
You are entitled to telephone a lawyer, a friend, or a family member to notify them of your arrest. You have the right to consult Babalola Law or another lawyer and have us present when the police question you. The best practice is to remain silent until your lawyer is present since any statement that you make can be used as evidence against you.

If you cannot afford to hire an attorney, you are entitled to a court-appointed lawyer. Depending on local procedures, the court may appoint a private attorney, a lawyer from a legal aid society, or a public defender. The police are required to notify you of these rights before questioning you. Ordinarily they are recited during the confusion of the arrest. Remember them. They may become critical to your defense later on.

Even if you declined a lawyer at the time of arrest, you retain the right to have a lawyer at any time after being arrested. You should contact us (Babalola Law) to seek our advice at the earliest possible time to avoid incriminating yourself, to get released from custody, to decide how to plead, and to prepare for your trial.

If you are called by a family member or friend who has been arrested, remind them that they have a right to a lawyer and that they do not have to respond to police questioning until the lawyer is present. If a lawyer has been engaged, the person who has been arrested should let the police know that they claim the right to counsel and that a lawyer is on the way.

BEING TAKEN INTO CUSTODY
After you have been arrested, you may be taken into custody and brought to a detention facility. At the detention facility, your arrest will be registered into police records and you may be fingerprinted and photographed. After you have been taken into custody, you or your lawyer can make arrangements for your release while you are waiting for your trial.

You may be asked to participate in a lineup. This is a procedure in which several people, including one or more suspects, are shown to victims or witnesses of a crime to see if they can identify the one who committed it. If you are asked to participate in a lineup, you have a right to have your attorney present.

If you are confined in a detention facility, it may be several hours to a couple of days before you appear before a judge who can consider releasing you. Do your best to stay calm, and do not discuss the circumstances of the alleged crime with others in the detention facility. Any statements you make may be reported to the police and used against you.

If you are accused of a less serious crime, such as a minor traffic violation, the police may ask you to sign a citation ( Desk Appearance Ticket) instead of taking you into custody. If you sign the citation, you are promising to appear in court, but you are not admitting guilt If you have no identification or refuse to sign the citation, the police may take you into custody.

GETTING RELEASED FROM CUSTODY
After the arrest, you will be brought before a judge to be formally charged with a crime and provided an opportunity to be released on bail while awaiting a trial. If you appear in court without a lawyer, the judge must allow you a reasonable time to find one before proceeding with the case. You might be required to post bail, or you may be released on your promise to appear in court (Self Recognizance). Bail is money or other property deposited with the court to ensure that you will appear for your trial. To decide whether to require bail, the judge will consider various factors, such as your family ties, community ties, financial resources, employment record, and the seriousness of the crime you have been charged with.

BEING DETAINED
You can be detained without being arrested if the police suspect that you are engaging in criminal activity or that you might be armed. For example, the police may ask you to identify yourself and conduct a limited search for weapons if they observe you pacing in front of a closed store in the dark. Or a store owner or employee might detain you for a reasonable time for questioning if they have a strong reason to believe that you have stolen or have attempted to steal something.

IF YOU ARE WRONGFULLY ARRESTED
If your arrest did not conform to the legal requirements, the arresting officers, and the governmental authority they work for, may be responsible for compensating you for damages. Similarly, a person who makes a citizen's arrest without reasonable grounds is potentially liable for damages for false arrest, as is the person's employer. If you believe that you have been wrongfully arrested or detained, tell your lawyer the exact details of what was said and done to you.

CONCLUSION
For people who have never before faced criminal charges, an arrest can be a frightening experience. The stress of the arrest may cause you, your family members, or friends to overlook important matters, such as the right to remain silent and the right to advice from a lawyer. If you are arrested, you should call Babalola Law or consult a lawyer as soon as possible in order to protect your rights and defend yourself against the charges made against you. We can negotiate on your behalf with the police and the prosecutor and advise you of the risks and advantages of cooperating with the authorities. Babalola Law can also help you with the bail process. If you cannot afford to hire a lawyer, you may ask the judge to appoint a Legal Aid or 18b Assigned Counsel or other court-paid lawyer for you.

Above all, do your best to stay calm. An arrest is not a conviction. You really are innocent until proven guilty. Prospective employers cannot ordinarily inquire into your arrest, nor can it be used to undermine your testimony in court If you have further questions about these matters, please call or email us at [email protected]

Law Office of Olukayode Babalola, P.C.
360 Maple Avenue, Unit 10063
Westbury, NY 11590
+1 718-590-1000
[email protected]