Lerner & Lerner, P.C.

Former prosecutors with more than 50 years combined experience

Nassau County Criminal Defense Lawyers
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May 2018 Archives

Factors that may elevate a DWI charge to aggravated DWI

No drunk driving allegation is easy to overcome but some charges carry with them penalties that are more straightforward to defend or negotiate through plea deals. Aggravated DWI charges, however, are very serious and New Yorkers who must face them may seek the support of trained criminal defense attorneys to assist them in their legal battles. This post will discuss just some of the factors that can raise standard DWI charges to aggravated DWI charges.

Explaining the plain-view doctrine in New York

Under the Fourth Amendment of the United States Constitution, U.S. citizens - including New Yorkers - cannot be subjected to unlawful searches and seizures, including arrests. Criminal defense attorneys rely on the Fourth Amendment as a legal cornerstone when analyzing a defendant's case. They must determine whether law enforcement acted properly when their client or the client's property was searched or seized.

3 times you can’t claim self defense

Say you’re outside of a local business and see a stranger being harassed. You try to intervene, and a fight breaks out. You manage to subdue the attacker, and are relieved to see the police approaching. The next thing you know, though, you’re the one being arrested.

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.

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.