It wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer... View More

Being given an appearance ticket is not any indication of an outcome or sentence from the criminal charges. You should obtain an attorney prior to your first appearance. An offer to an ACD is dependent on your criminal record (if any), the DA’s policy in that jurisdiction, and the specific... View More

It really depends what your licensure status has been for the past six years. In order to get any useful answer, you are going to need to speak with an attorney after he or she has reviewed your paperwork and licensure status. If an interlock period is required, no appeal will be meritorious.... View More

At a DWI stop, most jurisdictions have the defendant’s vehicle towed or impounded. Police will often perform searches and claim they are for “inventory” purposes (so no one can claim items were lost/stolen at impound), or for “officer safety” (to ensure no weapons or dangerous materials... View More

If you were not convicted, or the charges were dismissed, it would be sealed. It should not be searchable in public records, except for the Courts and Police for official purposes.

If you wrote bad checks, that could be prosecuted at least as a B-misdemeanor under the New York Penal Law. You should contact an attorney soon if you believe a complaint will be filed.

You should contact an attorney. If you do not have any prior speeding tickets within 18 months, it very likely can be reduced to a non-moving violation and your appearance can be waived.

You should always consult with your criminal attorney on a matter such as this, but in general, no you shouldn't pay it prior to the adjudication of the criminal matter. If the Court orders restitution, that must be paid. In my experience, 3rd party debt firms send out these civil demand... View More

Moving violations and mechanical violations regarding motor vehicles on public highways.

Under NYS law, police are authorized to stop a vehicle with reason too believe they have committed any traffic infraction...no matter how minor (e.g. brake light out, swerve, etc). Very often if late at night, these stops are pretrxtuak whereby the officers are really ferreting out drunk driving.... View More

You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.

It is likely the time that you refused the chemical test (breathslyzer, urine test, or blood test).

The scenario you describe may constitute an Affirmative Defense to certain penal law charges that could stem from your injury of the other person with the gun. You should retain competent counsel to discuss this immediately. If you haven’t been charged yet, the investigation phase can be very... View More

Your appearance could be waived for certain parts of the case, but you would need to be present for the final disposition, whether trial or plea. Much of the court’s requirements can be fulfilled in your home state as well (e.g. alcohol dependency assessment). You should contact an experienced... View More

An OASAS (Office of Alcohol & Substance Abuse Services) assessment is required through a DMV certified provider, and the judge may mandate the Drinking Driver Program. If the OASAS determines some type of counseling is required, a judge may mandate that care as part of a conditional discharge.... View More

To drive a taxi/livery in NY, the DMV requires an A, B CDL, C CDL, or E license. An alcohol-related driving conviction will prevent you from holding these types of license for a longer period of time and no conditional licenses are available under these license categories.

The field sobriety tests should not be able to individually prove beyond a reasonable doubt that a person is intoxicated, because other explanations can be reasonably posited for all of the behaviors the tests ascribe to intoxication. And that is normally how a defense attorney cross examines the... View More

No. You can decline. The prosecution will construe the refusal against you, but they will not have the test results to use as evidence.