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What are the Consequences of Refusing a Chemical Test?

What are the Consequences of Refusing a Chemical Test?

Under New York’s Implied Consent law, all drivers agree to submit to a chemical test if they are pulled over on reasonable suspicion of drunk driving. These tests are used by law enforcement to determine the level of alcohol in the blood. While the most common chemical test is a breath test, the statute...

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What is a 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 result in getting the charges against you...

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What is New York’s 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 blood alcohol content (BAC) threshold for...

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When Can You Appeal a Criminal Case in New York?

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 in your sentence, or another favorable...

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Understanding the Protections of the 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 provide information that might suggest their...

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Understanding Assault Charges in New York

Understanding Assault Charges in New York

Being charged with an assault in New York is a serious matter — and a conviction can have a wide range of consequences on your life and livelihood. From employment opportunities to finding housing, obtaining a professional license, and retaining your right to possess a firearm, being found guilty of an...

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Weapons Crimes in New York

Weapons Crimes in New York

New York has some of the strictest weapons laws in the nation. Critically, not only can being convicted of a weapon crime lead to a criminal record, but it can also result in the long-term ramifications that come with one — impacting both your daily life and livelihood. If you are facing a weapons crime...

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What are Your Rights if You’ve Been Charged with a Crime?

What are Your Rights if You’ve Been Charged with a Crime?

Regardless of the crime with which you’ve been charged, it’s essential to understand that you have certain rights under the U.S. Constitution and the New York State Constitution. These rights are meant to protect against arbitrary treatment by the government and ensure you are afforded due process of law....

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Do You Need an Attorney for a DWI Charge?

Do You Need an Attorney for a DWI Charge?

If you’ve been charged with driving under the influence in New York, you may be wondering whether you should have the representation of an attorney. Critically, being charged with driving under the influence in New York can have a long-lasting impact on your life and livelihood — and there are many benefits...

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When is a DWI a Felony in New York?

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 aggravating circumstances present, or you...

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