It is illegal to operate a vehicle whilst under the influence of drugs or alcohol. Driving while intoxicated (DWI) will likely cause you to endure harsh penalties that could potentially cause serious strain on your life and the lives of your loved ones. It is important to be constantly aware of the New York DWI laws and penalties, as you never know if your life will be impacted by the actions of a drunk driver. DWI Offenses in the State of New York DWIs are strictly enforced by the NYPD and the criminal courts. It is not a crime to be taken lightly. According to the New York State Police websi ..read more

In recent years, the state of New York has imposed stricter laws to combat the rising issue of domestic violence and provide further protections to the victims involved in domestic abuse cases. This has made it increasingly important to understand these laws, so if you are ever involved in domestic violence, it is imperative that you contact an experienced NYC domestic violence attorney to help provide clarity as you navigate the challenging waters of a criminal case. Having a thorough understanding of these laws can not only help keep yourself protected in the event that you are a victim of a ..read more

When you’re arrested in New York, your mind can quickly be swarmed with thoughts about how you’re going to find and afford an attorney. While your situation may seem frightening, you don’t have to go through it alone. Luckily, New York criminal defense lawyers are willing to represent and support you through challenging times, and some of them may even negotiate pricing to find a deal that works for you. The Average Cost of a Defense Lawyer in New York The average cost of a criminal defense lawyer in New York varies greatly. If you’re looking at a lawyer who charges hourly, you may find that t ..read more

In popular crime shows, various characters are often charged with “attempted murder.” So, most people are aware that a crime does not have to be successful to lead to jail time and other negative consequences. Recently, there have even been a few memorable attempted crimes in the news. For example: Police arrested a suspect over an attempted firebombing in Queens. An NYC woman was recently convicted of trying to kill her look-alike with a poisoned cheesecake. A Manhattan garage owner shot a thief and is now facing attempted murder charges. A Dollar Tree employee got s ..read more

A pre-trial motion is a written argument made to the court before a trial. Federal criminal defense attorneys make these motions to try to give you an edge in the case before your case ends up in front of a jury. These motions also help the trial proceed more efficiently by hashing out several issues before the trial. The Federal Rules of Criminal Procedure state that a party may raise by pretrial motion any defense, objection, or request that the court can determine without trial on the merits of the presented argument. There are three common pre-trial motions. Page Contents M ..read more

The federal government uses the Grand Jury process to conduct investigations and seek an indictment. Receiving a subpoena can be stressful and scary. Here is everything you need to know about responding to a federal Grand Jury subpoena. Page Contents What is a subpoena? What will a subpoena say? What should you do next? What Is A Subpoena? A subpoena holds significant authority granted by the courts, and it demands compliance. It typically entails one of two obligations. First, you may be asked to present specific documents believed to possess evidential value in the ongoing inve ..read more

When you’re charged with a crime in New York, it’s important to understand how criminal procedure could impact your case. It’s also important to understand your rights. Double jeopardy protection is one of your rights, and a good criminal defense attorney can use it to protect you in some scenarios. Under normal circumstances, you should only be tried for a criminal case once. The Fifth Amendment enshrines your right to avoid successive prosecutions for the same alleged act through the Double Jeopardy Clause. The Double Jeopardy Clause provides three rights: The defendant will not face a ..read more

Menacing is a class A misdemeanor that covers one of three distinct acts. According to New York Penal Law § 120.14, a person commits menacing in the second degree when: They threaten another person with a deadly weapon, dangerous instrument, or anything that appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. They repeatedly follow another person or repeatedly threaten or stalk them in some way meant to place them in reasonable fear of physical injury, serious injury, or death. They violate a protection order they knew of because they were present i ..read more

The First Amendment protects our right to assembly. Yet police arrest people at protests all the time. What’s going on, what are you being charged with, and what can you do if a protest arrest happens? Here’s what you need to know. Page Contents The Most Common Charges How a New York Criminal Lawyer Can Help The Most Common Charges The most common charges are: Unlawful assembly. New York law defines unlawful assembly as assembling with four or more other persons to engage or prepare to engage in tumultuous and violent conduct likely to cause public alarm or when being present at ..read more

When police officers impound a vehicle, they usually take inventory of everything found inside that vehicle. The purpose of such a search is not to find evidence. Instead, it’s to avoid a dispute later should some item in the vehicle come up missing. An inventory search is a warrantless search. Police are not allowed to perform the search for investigative purposes. And yet, sometimes, police officers do find evidence during these searches. What happens when they do? Can they use it? Here’s what you need to know. In the 1976 Supreme Court case South Dakota v. Opperman, the Supreme Court u ..read more