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...Read more »
Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation and no jail time I’m almost 7 months pregnant and have a 4 year old Please help firt time I’ve ever been to court or have written a report or anything im really scared this... Read 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...Read more »
I have not had my license for 6 years now because of this. I am a college graduate and just got my first job under my degree in the medical field. My permit states that I need an ignition interlock in my car while driving for 6 months. How is this possible when my accident was 6 years ago. What can... Read 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....Read 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...Read more »
On July 8, 2018 at 10:49pm, I got a ticket in New York State on I-87 highway when I was driving back to Massachusetts from Canada after a short trip. I didn't realize there is a law about moving to left lane when a cop car is parking and flashing on the right shoulder. I was driving on the right... Read more »
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 letters,...Read more »
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....Read more »
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...Read more »
I was pulled over for drunk driving while visiting family in Buffalo, NY. But I live in California. If I hire an attorney do I have to show up to court in person or can the lawyer handle this all for me over the phone?
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...Read 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....Read 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...Read more »
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