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1 Answer | Asked in Criminal Law for New York on
Q: What is the three strikes law?
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answered on Aug 9, 2016

The three strikes law was created to deal with the problem of a defendant committing repeat offenses. Pursuant to this law, if you are convicted of three different felonies, you will be sentenced to 25 years to life in prison. This is irrespective of the jail time that is called for with each... View More

1 Answer | Asked in Criminal Law for New York on
Q: I smoke marijuana in the evenings to relax. Is it really a big deal these days to get caught with a joint?
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answered on Jul 19, 2016

Marijuana is still illegal in New York. In fact, New York is known as having some of the harshest drug laws in the U.S. If you are caught with a small amount of marijuana (25 grams) that is for personal use, the fine is $100. However, if you are caught with more than 25 grams, or are found to be... View More

1 Answer | Asked in Criminal Law for New York on
Q: I was caught shoplifting at a major department store in the city. What will happen to me?
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answered on Jun 26, 2016

You were likely charged with petite larceny (New York Penal Law 155.25). This crime is a misdemeanor, which can be punished by up to 1 year in jail, $1000 fine and 3 years’ probation. Not knowing anything about your background (whether you have prior offenses) and the exact circumstances of your... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?
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answered on Jun 11, 2016

You do have a right to refuse a breathalyzer test, but the question is whether it is worth your while. By refusing the test, you can wind up being charged with your refusal (even if you are found not guilty for the DWI).

This is because when you obtained your license, you automatically...
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2 Answers | Asked in Criminal Law for New York on
Q: What is the difference between a felony and a misdemeanor?
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answered on Apr 13, 2015

A misdemeanor is an offense that is punishable by one year or less in jail. A felony is any crime that is punishable by one year or more in a state prison.

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1 Answer | Asked in Criminal Law for New York on
Q: If I am pulled over, do I have to submit to a breathalyzer test?
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answered on Apr 13, 2015

No, you do not need to consent. However, if you refuse you could have your license suspended. This refusal can also be used against you in a court trial.

1 Answer | Asked in DUI / DWI for New York on
Q: I am 20 years old and was just charged with a DWI. What are the penalties in the state of New York?
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answered on Feb 2, 2015

Because of your age, if you had a blood alcohol level of 0.02 or higher, your charge comes under New York's zero tolerance law. You could receive: $125 penalty, suspension of your license for 6 months, a $100 charge for suspension termination, need to enroll in a drinking driver class, and... View More

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