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Is a Warrantless Search Ever Permissible?
The Fourth Amendment to the U.S. Constitution protects individuals from unlawful searches and seizures by law enforcement. As a general rule, before police can search your person, home, or vehicle, they must have probable cause for the search — and obtain a valid search warrant from the court. Failure to do...
Can the Necessity Defense Be Used in DWI Cases in New York?
Driving under the influence is a very serious offense in New York that requires a skillful and strategic defense. Critically, one of the defenses that may be available to those who have been charged with the offense of driving under the influence is the “necessity defense.” This defense is available in very...
NYC Subway Incident Raises Complex Legal Questions Regarding Self-Defense
The recent New York City subway incident that resulted in the death of Jordan Neely made headlines throughout the nation. While there are still many facts that are not yet known, and various issues that will need to be determined at trial, the case raises many critical and complex legal questions. Among...
What is Possession of a Controlled Substance?
Possession of a controlled substance is a serious crime in New York that can come with severe consequences. Many of these offenses are charged as felonies and can come with a lengthy prison term, steep fines, and long-term ramifications. Not only can a conviction affect your reputation and standing in the...
What Defenses Can Be Used in a Drug Possession Case?
If you face charges for possession of a controlled substance, it’s crucial to understand that an arrest does not mean a conviction. While this offense is taken very seriously in New York, there are several defense strategies that can be used to fight the charges against you — depending on the facts of the...
3 Important Things to Know About Marijuana DWAIs in New York
Many people are familiar with New York’s strict laws regarding driving under the influence of alcohol. However, it’s critical to be aware that the state also imposes harsh penalties on those who have been found guilty of driving under the influence of marijuana — including steep monetary fines, jail time,...
Common Mistakes to Avoid Making in Your DWI Case
A DWI is a serious matter in New York. While these situations can be stressful and overwhelming, many people are not sure what they should do or how they should proceed. Critically, there are certain mistakes that are commonly made which could impact your case and result in harsher penalties. If you...
What is the New York State Impaired Driver Program?
A consequence of a DWI conviction in New York can be license suspension or revocation. Losing your license, even temporarily, can have a substantial impact on your life and livelihood. However, if you qualify for the Impaired Driver Program — formerly known as the Drinking Driver Program — you may be...
5 Common Legal Defenses to DWIs in New York
A DWI is a serious criminal offense in New York that can come with life-changing penalties. If you’ve been charged with driving while under the influence of alcohol, it’s crucial to have an experienced DWI attorney who can fight the charges on your behalf. A skilled DWI attorney will be able to assess the...
Is Self-Defense a Justification in New York?
New York law permits the use of self-defense, also referred to as “justification,” in limited situations. Notably, it is a defense that may be asserted in specific cases where the defendant’s use of physical force would otherwise constitute a criminal act. Cases involving self-defense can be extremely...
Can You Challenge the Results of a Breathalyzer Test?
If you’ve been pulled over on the suspicion that you were driving under the influence of alcohol, the police will likely ask you to take a breathalyzer test to determine your blood alcohol concentration (BAC). Under New York’s implied consent laws, a driver is expected to submit to a breath or chemical...
Can a Driver Refuse a Field Sobriety Test in New York?
In a case where a driver is suspected of operating their vehicle under the influence of alcohol, a preliminary breath test isn’t the only test a police officer might ask to administer. Part of the arrest process may include conducting field sobriety tests. These types of tests are designed to assess a...