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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 misdemeanor, it’s important to understand what a...
Penalties for Multiple DWI Offenses
A DWI is a serious matter — and the repercussions for multiple offenses can be much more severe. While a first-time DWI conviction is generally classified as a misdemeanor in New York State, a second offense within ten years constitutes a felony. If you’ve been charged with a DWI offense and have previously...
Common Mistakes to Avoid During a DWI Arrest
Being pulled over for drinking and driving can be a stressful and overwhelming experience. A DWI can not only result in monetary fines and jail time, but it can also lead to personal, professional, and financial ramifications. Critically, any mistakes you make during the arrest process can potentially harm...
Four Important Things to Know About New York’s Marijuana Laws
As the legal landscape regarding marijuana laws continues to shift, New York became the 16th state to legalize cannabis in 2021. However, there are still certain restrictions in place and it’s important to understand these laws to avoid incurring criminal penalties. Although the laws have changed, being...
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...
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...
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...
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...
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...
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 illegal searches that are deemed unreasonable...
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...
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...