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Use of Chemical Tests in New York DWI Cases
Chemical tests play a major role in DWI cases. Critically, there are typically three tests used in New York DWI cases to determine an individual’s blood alcohol content: blood tests, breath tests, and urine tests. While portable breath tests are commonly administered during a traffic stop, these tools are...
What’s the Difference Between a DWI and a DWAI?
Drinking and driving is a serious matter that can result in severe consequences. However, not every alcohol-related driving offense is charged as a DWI. Driving While Ability Impaired (DWAI) is a lesser charge that can be brought by prosecutors in some cases. Although a DWAI is considered a violation — and...
What is Criminal Possession of a Firearm in New York?
Criminal possession of a firearm in New York is a serious crime. While this offense was once charged as a misdemeanor, as of March 2013, it can be charged as a class “E” felony. If you are arrested for unlawfully possessing an unregistered firearm, a conviction can come with life-changing consequences —...
New York White-Collar Crimes and Penalties
White-collar crimes, sometimes also referred to as economic crimes, are financially motivated offenses that can be committed by individuals, businesses, or professionals. These types of crimes are often classified as serious felonies in New York — and a conviction can come with severe penalties. If you have...
What Are the Penalties for a DWI in New York?
Getting behind the wheel if you’ve had too much to drink can have devastating consequences on your life and livelihood. Not only can a DWI conviction have an impact on your reputation in the community, but the long-term effects and legal ramifications can be severe. Critically, the penalties for a DWI...
5 Reasons You Need a DWI Defense Attorney
Being arrested for a DWI can be life-changing. Not only can you lose your license, but a conviction can come with jail time, significant fines, and damage to your reputation. Regardless of whether it’s your first DWI — or your third — it’s critical to have a DWI defense attorney on your side. Here are the...
Gun Crimes in New York State
While New Yorkers have the Constitutional right to bear arms, the state imposes some of the strictest penalties for gun and firearm crimes in the country. Gun-related offenses are typically charged as violent felonies, and a conviction can come with long-term social, financial, and professional...
Should a Defendant Testify at Trial?
A big question for many criminal defendants is whether they should take the witness stand. Particularly when the defendant is innocent, they often feel compelled to testify in order to tell the jury that they didn’t commit the crime with which they’ve been charged. But it’s not quite so simple. In some...
5 Steps to Building a Strong Criminal Defense
If you’ve been charged with a crime, it’s crucial to build a strong case and develop an effective defense strategy. Although facing a criminal accusation can be stressful and overwhelming, it’s important to understand that you are innocent until proven guilty — you’re also entitled to a vigorous defense...
What are the Four Main Categories of Criminal Defenses?
If you've been arrested for a crime, it's important to understand that a charge doesn't mean a conviction. The prosecution must prove their case against you beyond a reasonable doubt — and you have the Constitutional right to assert a vigorous defense. Significantly, there are four main categories of...
Using a Falsified COVID-19 Vaccination Card Becomes a State Crime in New York
On Wednesday, December 22, New York Governor Kathy Hochul signed a bill into law that makes producing or using a falsified vaccination card a crime statewide. Referred to as the “Truth in Vaccination” law, the bill was part of a legislative package aimed at improving the state’s response to the COVID-19...
What is the Burden of Proof in a Criminal Case?
Under the protections provided by the Due Process Clause of the United States Constitution, a defendant in a criminal case is presumed innocent until proven guilty. Importantly, the prosecution must meet a substantial burden of proof to obtain a conviction — they must establish that the defendant committed...