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What Happens if You Violate the Ignition Interlock Device Requirements?
If you were required to install an ignition interlock device (IID) in your vehicle in connection with a DWI, it’s crucial to comply with the court order. Violating an IID mandate is a serious matter that can be charged as a misdemeanor offense, resulting in jail time and a criminal record. Importantly, it...
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...
Can Medications and Medical Conditions Affect Breathalyzer Results?
Breathalyzers are commonly used by the police when they pull someone over on suspicion they are driving while intoxicated. While these devices measure blood alcohol content (BAC) to determine whether the driver is impaired, there are a number of reasons why they may not always be accurate. Breathalyzers can...
What’s the Difference Between Drug Possession, Sale, and Intent to Sell a Controlled Substance in New York?
Drug selling and possession offenses are two categories of narcotics crimes that are prosecuted aggressively in New York. While drug possession involves holding a controlled substance for personal use, the criminal sale of a controlled substance refers to selling, exchanging, or giving away of a narcotic....
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...
What is Double Jeopardy and How Does it Work in a Criminal Case?
Double jeopardy protects criminal defendants from being tried more than once for the same offense. It is a right that is afforded to the accused under both the Fifth Amendment of the U.S. Constitution and New York Criminal Procedure Law. Specifically, it provides protections against repeated prosecutions...
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...
What are the Consequences of Violating Probation in New York?
Probation is a common alternative to jail time for certain criminal offenses in New York. While probation can allow someone who is convicted of a crime to remain in their community, specific terms and conditions must be followed. Failure to do so can result in a violation of probation — and lead to...
When Can a Traffic Violation Lead to Criminal Charges in New York?
Most traffic violations in New York are charged as infractions which do not come with any jail time — the penalties that are typically imposed for these offenses are a fine and points on your license. However, certain violations committed behind the wheel are charged as misdemeanors or felonies. These...
Understanding Your Rights if You’ve Been Charged with a Drug Crime
Whether the offense involves possession, distribution, or trafficking a controlled substance, being charged with a drug crime can be stressful and overwhelming. If convicted, you could face substantial jail time, significant fines, and a permanent criminal record that could impact you for the rest of your...
What is Exculpatory Evidence in a New York Criminal Defense Case?
There are many different kinds of evidence that can be used in a criminal case. One of the most important types of evidence is referred to as “exculpatory evidence.” This is any type of evidence that favors the defendant and can help prove they are not guilty of the crime with which they’ve been charged....
How are Commercial Drivers Impacted by a DWI in New York?
New York State has strict DWI laws — and they are even more stringent for those with commercial driver licenses (CDLs). Critically, operating a large vehicle comes with a significant amount of responsibility, and CDL drivers are held to a higher standard. As a commercial driver charged with a DWI, you could...