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Understanding Constructive Possession in Drug Cases

Understanding Constructive Possession in Drug Cases

There are two types of possession in New York drug crimes — actual and constructive. Significantly, constructive possession is an alternative theory to actual possession that allows a person to be charged with a drug-related offense, even if they did not have the controlled substance on their person. If you...

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What are Mitigating Factors in DWI Sentencing?

What are Mitigating Factors in DWI Sentencing?

If you’ve been convicted of a DWI, a judge will consider both aggravating and mitigating factors when determining your sentence. Mitigating factors are circumstances that can reduce your level of culpability — and lessen the penalties that might be imposed. It’s essential to have a skillful DWI attorney by...

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How Can an Expert Witness Help in My DWI Case?

How Can an Expert Witness Help in My DWI Case?

Being convicted of a DWI is a serious matter that can come with significant repercussions — and it’s crucial to mount a solid defense. If your DWI case will be going to trial, your criminal defense attorney might want to bring in an expert witness as part of your defense strategy. These individuals are...

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When Are Breathalyzer Results Inadmissible in New York?

When Are Breathalyzer Results Inadmissible in New York?

A breathalyzer is a tool regularly used by law enforcement in New York DWI cases to determine whether a driver’s blood alcohol concentration (BAC) exceeds the legal limit. However, there are certain protocols that must be followed and legal requirements that must be met to ensure that the results are...

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What is the Right to a Speedy Trial?

What is the Right to a Speedy Trial?

The right to a speedy trial is a fundamental right under both the U.S. Constitution and New York State law. It guarantees that an individual charged with a crime must be prosecuted in a timely manner — they cannot be incarcerated indefinitely without having their case heard by a judge or jury of their...

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