Lerner & Lerner, P.C.

Former prosecutors with more than 50 years combined experience

Nassau County Criminal Defense Lawyers
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February 2018 Archives

Protect your record when accused of traffic offenses

Every year millions of Americans are stopped by law enforcement officials for allegedly speeding. Speeding is a traffic offense that occurs when a driver allegedly operates their motor vehicle above the legal and posted limit for the location where they are driving. Speeding tickets and citations are issued every day in New York, and often the drivers who receive them simply pay the fine that applies to their alleged offense and move on with their lives.

What is the exclusionary rule?

The Fourth Amendment to the United States Constitution is written to protect New Yorkers and other Americans from the unreasonable searches and seizures of law enforcement officials. However, when it was initially added to the Constitution the rule did not stop those officers and agents of the government from using illegally collected evidence to secure convictions of the individuals they arrested. In 1914 the United States Supreme Court provided clarity in the law regarding this deficiency.

Juvenile convictions can have long-term consequences

When a youth is charged with a crime their legal matter may be handled in the juvenile justice system of New York or, if the alleged crime is very serious, the matter may be transferred to the adult criminal court system. In either case, a child may suffer long-term consequences if their arrest turns into a conviction. These consequences are sometimes called collateral consequences and this post will address some of the possible collateral consequences that juveniles may suffer if they are convicted before adulthood.

Drug arrests based on evidence collected during traffic stops

Readers who have been pulled over by law enforcement officials while out driving their cars know that a lot can happen when an officer approaches their window. They may be asked to provide proof of their eligibility to drive as well as a valid registration for their vehicle. If they were stopped for violating a New York traffic law such as maintaining the legal speed limit then they may be asked questions regarding their allegedly illegal conduct.