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Criminal Charges

What’s the Difference Between Having Criminal Charges Dropped Versus Dismissed?

If you’re a defendant in a criminal case, you may be wondering whether it is better to have the charges against you dropped or dismissed. These two results are not the same as being found “not guilty” by a jury — and it’s important to know the difference between them....
Resisting Arrest

What is the Crime of Resisting Arrest?

Resisting arrest by a police officer is a serious matter in New York. If there was a dispute or altercation between you and law enforcement during the arrest process, it can result in additional criminal charges being brought against you. In the event you are facing...
Arraignment

What is an Arraignment?

If you have been arrested for a crime, the first time you will appear in court is at a proceeding called an arraignment. The purpose of the arraignment is for the judge to read the charges against you and find out how you intend to plea. You will also be told what...
Criminal Case

What is a Bench Trial in a Criminal Case?

Most people are familiar with jury trials and know that a defendant has the Constitutional right to be tried by a jury of their peers in a serious criminal case. But a jury trial isn’t always the only option. If you’ve been charged with a felony or certain...
Pre-Trial Motion

What is a Pre-Trial Motion?

If you’ve been charged with a crime, you need a solid defense. One of the tools your criminal defense attorney will use as part of your defense strategy is the filing of pre-trial motions. Depending on the facts and circumstances of your case, a pre-trial motion can...
Zero Tolerance Law

What is New York’s Zero Tolerance Law?

Being charged with drunk driving at any age is a serious criminal offense that can result in steep consequences. However, New York State law provides distinct penalties for underage drivers who have been charged with DWIs. The Zero Tolerance Law specifies a lower...
Appeal

When Can You Appeal a Criminal Case in New York?

If you’ve been convicted of a crime, you might still have the option to continue your defense in some situations. Depending on the circumstances of your case, you might be eligible to appeal the conviction or sentence to achieve a dismissal of your case, a reduction...
Fifth Amendment

Understanding the Protections of the Fifth Amendment

Under the United States Constitution, an individual who has been accused of a crime is protected from self-incrimination. Commonly referred to as “the right to remain silent,” the Fifth Amendment guarantees that a person cannot be compelled by the government to...
Fourth Amendment

What is the Fourth Amendment Protection Against Unreasonable Search and Seizure?

The Fourth Amendment of the U.S. Constitution guarantees protections to individuals from unlawful search and seizure by the government. However, it’s important to understand that this right doesn’t mean you can never be searched by the police. It only extends to...
DWI Felony

When is a DWI a Felony in New York?

A DWI can come with serious consequences, especially if you’re facing felony charges. While a first DWI is typically charged as a misdemeanor, there are certain situations in which an offense of driving under the influence can be a felony. For instance, if there are...