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June 2015 Archives

States that are the least and most strict with DUI charges

New York motorists might be surprised to learn that their state is moderately lenient when it comes to driving under the influence. In a recent study, WalletHub examined the laws and penalties for driving while impaired in each state and found that they vary greatly between states.

Journey drummer charged with assault

New York fans of the rock band Journey may be aware that Deen Castronovo has been the focus of both positive and negative media stories in recent years. The 50-year-old drummer was lauded by the press for donating $10,000 to a high school in 2015, but he was criticized in 2012 after being involved in an altercation with a woman. Castronovo became the subject of media attention once again on June 14 when he was taken into custody by Oregon police following an encounter that left a woman injured.

The court process after a DUI in New York

After an individual has been taken into custody on suspicion of DUI, he or she will be booked, possibly bailed out of jail and then arraigned. The arraignment is the first court appearance after being taken into custody. It usually takes place within hours or days after an individual is formally charged. In some cases, it will be the only court appearance as the driver often will plead guilty.

A comparison of weapons charges in New York

Many factors determine the severity of a weapons possession charge. A conviction on a first-degree offense will result in a class B felony on a person's record. Charges in this category arise when someone has a weapon with an explosive substance, according to Penal Code section 265.03. Additionally, the charge requires that the person has an intent to use the weapon in an unlawful manner against people or property. Possession of 10 or more firearms could also bring a first-degree charge.

Several people taken into custody at music festival

On June 6, it was reported that New York authorities seized a large quantity of drugs and approximately $40,000 in cash during the recent FolkFest music festival. Authorities reportedly went undercover during the festival, which was held at Sterling Stage in Oswego County from May 21 to 24.

The insanity plea as a defense

New York residents may wonder how the insanity defense works and how common it is. Although many people who commit violent crimes are mentally ill, mental illness is not the same as insanity from a legal standpoint, and the National Institute of Mental Health found that it is used in only one out of every 100 cases in county court. Furthermore, it is only successful about 25 percent of the time.

Man charged for possession of new synthetic drug

Authorities in New York are concerned about a new drug called 'flakka" that has been growing in popularity across the country. Over the past year, nine people in the western part of the state have been charged for possession of the drug. Most recently, a 41-year-old man from Livingston County received drug charges for flakka possession and importation.

Pulitzer Prize winner charged with drunk driving

New York residents may know the playwright and actor Sam Shepard for his performances in films including 'Steel Magnolias" and 'Black Hawk Down," and they may be surprised to learn that the 71-year-old Pulitzer Prize winner was taken into custody by police in New Mexico on May 25 under suspicion of driving while under the influence.

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Lerner & Lerner, P.C.

Former prosecutors with more than 50 years of combined experience

Lerner & Lerner, P.C.
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Suite 125
Carle Place, NY 11514

Toll Free: 800-747-4996
Phone: 516-741-4100
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