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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...
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....
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...
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...
What is Drug Treatment Court — and is it an Option in My Case?
If you were arrested for a non-violent drug crime, you may be eligible for drug treatment court. This is a voluntary alternative to the regular court process that allows non-violent, drug-addicted offenders to enter into a treatment program, and potentially avoid incarceration. Upon completion of the...
Types of DWI Offenses in New York State
Being charged with the offense of driving while intoxicated can be stressful and overwhelming. However, it’s important to understand that the consequences you may face can depend upon the facts and circumstances surrounding the DWI — and the specific offense with which you’ve been charged. Under New York...