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Nassau County Criminal Defense Law Blog

Don't let a DWI charge affect your future

When people in New York think about various types of crimes, they may imagine murder, assault and other alleged acts that exhibit violence and leave others with possible physical harm. When a person drives with alcohol allegedly in their system there is no guarantee that they will hurt themselves or anyone else. However, the state and other states throughout the country have deemed the act of driving with alcohol in one's system dangerous, because alcohol can have an impact on some of a driver's physical acuities. Because they believe the potential for harm is so great when alcohol is in a driver's body, legislators have taken steps to significantly penalize drunk driving.

When a person is stopped by a law enforcement official for allegedly drunk driving, they may be asked questions by the officer. They may be asked to perform field sobriety tests or to consent to a Breathalyzer or blood test that may confirm their blood alcohol concentration. If their performance on these tests is unsatisfactory they may be arrested by the law enforcement official.

Traffic stop leads to drug charges against two New York men

Arrests in New York based on alleged drug crimes are often made in conjunction with other alleged criminal activity. For example, when law enforcement officials pull a driver over for allegedly speeding or another alleged traffic violation they may discover alleged drugs or paraphernalia in that driver's possession. What might have been a simple ticket may become a serious criminal matter for a person who is believed to be in possession of drugs and other illicit materials.

This is what happened to two New York men who were in a vehicle traveling on Interstate 84. The driver was allegedly violating traffic laws and was pulled over by state troopers. Upon approaching the vehicle and the driver, the troopers reported smelling marijuana and therefore executed a search of the vehicle's occupants.

Is it a traffic offense if I merely bump another car and leave?

When New Yorkers hear the term "hit-and-run" they likely imagine dramatic scenes where speeding vehicles collide with pedestrians and then race off without ever slowing down. While situations such as the one just described do constitute hit-and-run accidents, under New York law a hit-and-run can occur under considerably less obvious circumstances. A person can commit a hit-and-run accident on an unoccupied vehicle and there are important steps that they should take to avoid criminal liability.

First, under the law a person who knows or should know that they hit another vehicle must stop and offer to the other party or parties their contact and driver's license information. If the alleged responsible party hits an unoccupied vehicle, then they must go to a police station and self-report their incident so that the alleged victim can be notified and provided with the proper information. Failure of a driver to undertake these steps may constitute a traffic violation, resulting in a fine or a short period of imprisonment in jail.

Relationship a key component in domestic assault charge

This New York-based criminal defense legal blog has provided its readers with many informative articles on topics related to their rights under state law. It is the goal of this post to introduce readers to one important component of a damaging and often difficult to defend type of assault: domestic assault. One of the key components of this specific assault charge is the existence of a relationship between the accuser and the accused.

Under New York law domestic assault can occur between people who are affiliated through marriage or blood. For example, a spouse may be accused of domestic assault by their partner, or a sibling may accuse their brother or sister of the same charge. Living in the same household as the other party may be sufficient to form a domestic link between the parties.

Manhattan bankruptcy attorney pleaded guilty to embezzlement

A veteran Lower Manhattan bankruptcy attorney pleaded guilty in a Manhattan federal court to embezzling funds. The attorney admitted to embezzling funds from a client’s bankruptcy estate and transferring the funds to himself. In addition to the federal case, the State of New York charged the man as well but he has yet to plead in the state case.

Misappropriation of escrow funds

Driving without a license can get a person into legal trouble

It is not uncommon for a licensed New York driver to run out of their home with their keys in their hand and forget to grab their wallet or purse. While this may not initially seem like a problem for a person who is able to get into and start their car, it may become an issue if they are stopped by a police officer or are involved in a crash and need to show their driving credential. Often when situations such as this arise a driver has a period of time during which they may bring their license in for review to demonstrate that they were in fact legal to drive at the time of their stop or accident.

The scenarios mentioned in the prior paragraph generally are not included in driving without a license charges. These charges involve the alleged conduct of operating a vehicle when the driver has not obtained a license to do so. It can apply to a person who does not possess a license driving a personal vehicle, or to a person with a general driver's license who allegedly drives a large commercial vehicle for which they would need a separate credential.

Underage drinking can cost your teen their driving rights

In the state of New York a person under the age of 21 may not buy or drink alcohol. It may not be consumed with family members or friends, and it is illegal for juveniles to merely possess alcohol. If a juvenile is found to have alcohol in their system while they are driving, they can face significant legal penalties.

Unlike the 0.08 blood alcohol concentration law that applies to most adult cases of drunk driving, youths face a stricter standard when it comes to alcohol in their systems. In New York, a youth is considered to have alcohol in their system if their blood alcohol concentration is at least 0.02 but not in excess of 0.07. If their blood alcohol concentration falls in this range then they are considered to be driving while intoxicated, and they can lose their license for up to six months for a first-time offense.

New York man faces serious felony charges for drug possession

Individuals who keep up with this New York criminal defense blog know that any drug charges, regardless of the substance the accused is claimed to have dealt with, can be very serious. Drug charges can be penalized with significant criminal sanctions and can cause otherwise successful men and women to carry criminal records with them for the rest of their lives. A New York man was recently charged with a drug crime related to crystal meth and oxycodone.

The 35-year-old man's residence was searched by law enforcement officials when those executing the search allegedly turned up more than one kilo of the drugs as well as alleged narcotics paraphernalia. Law enforcement officials also claimed that they found a large sum of money in addition to the alleged drug materials.

Defend yourself against damaging DWI charges

Prior posts on this New York-based criminal defense legal blog have introduced some of the serious penalties that can apply if a person is convicted of a drunk driving charge. In New York, penalties for drunk driving can include fines, the loss of one's driver's license and even time in jail. Depending upon the type of charge an individual faces, their punishments can be significant and long-lasting.

Even a first-time DWI offense may cause a person significant personal difficulty. An arrest can be a traumatic and embarrassing event to live through, and the stress and worry that a person may experience while trying to prepare themselves for their trial can cause them to miss important facts and details related to their case.

Accused of marijuana possession? Amount matters greatly.

Being accused of pot possession can fill a person full of fear. Such accusations may raise all kinds of worries regarding what penalties you could face if you are found guilty.

How serious being accused of marijuana possession is here New York is actually a more complex question than you might think. In the state, marijuana possession can be an unclassified violation, a misdemeanor crime or a felony crime. Which of these categories a given offense would fall into typically depends on the amount of marijuana possessed.