Law Office Of James Cole | See What Everyone Is Asking!

FAQ

CRIMINAL LAW

The police have asked me to come to the police station and “surrender” myself on criminal charges. Do I need to? Should I? Do I need an attorney? Should I have an attorney?

You are never required to surrender yourself. However, voluntarily surrendering yourself can significantly impact a judge’s decision on whether to set bail or release you. Although you are not required to have an attorney accompany you when surrendering, it is extremely beneficial to have an attorney present to ensure that the police act lawfully.

I've been charged with a felony/misdemeanor, what do I need to do?

First, you need to consult with an experienced attorney who practices in the area of criminal defense. It is imperative that you have an attorney represent you when charged with a crime.

I’ve been given an “Appearance Ticket” by the police officer. What should I expect at my first court appearance?

You should always appear with an attorney to ensure that all of your rights are protected. The initial court appearance is referred to as your “arraignment.” The judge will advise you of the charges against you, and likely enter a not guilty plea on your behalf. Depending on the charge(s) and circumstances, the judge may issue an order of protection against you, suspend your driver’s license, require your cooperation with a release supervisory agency, and even set bail.

What is bail?

Bail is a process by which you pay a set amount of money to obtain your release from police custody. As part of your release, you promise to appear in court for all of your scheduled criminal proceedings. If you show up to court as promised, the bail amount will be returned. If you fail to return to court as promised, the bail posted could be forfeited.

I am charged with Aggravated Unlicensed Operation of a Motor Vehicle (Driving with a suspended license). Do I need an attorney?

Yes. Aggravated Unlicensed Operation of a Motor Vehicle is a crime in New York State. Depending on the number of suspensions you have, it can be charged either as a misdemeanor offense or a felony. If you are convicted of Aggravated Unlicensed Operation of a Motor Vehicle, you will have a criminal record for life. The maximum penalty for a felony charge of Aggravated Unlicensed Operation of a Motor Vehicle is four years in prison.

I am charged with Petit Larceny. Will I go to jail?

It depends. Petit Larceny is a misdemeanor offense and if convicted, you will have a criminal record for life. The maximum penalty that can be imposed for a Petit Larceny conviction is one year in jail. There are a number of factors that will decide how you will be prosecuted, including your criminal history, the value of the items stolen, and the strength of the District Attorney’s case.

I got into a fight and the police charged me with Assault. Will I go to jail?

Assault 3rd Degree is a misdemeanor offense and if convicted, you will have a criminal record for life. The maximum penalty that can be imposed for an Assault 3rd Degree conviction is one year in jail. There are a number of factors that will decide how you will be prosecuted, including your criminal history, the injury sustained to the other party, the circumstances surrounding the fight, and the strength of the District Attorney’s case. It is also possible that an order of protection will be issued against you, prohibiting you from having certain contact with the other party involved.

I got into a motor vehicle accident and I left the scene without reporting it to the police. What’s going to happen?

Leaving the scene of an incident without reporting can be charged as a violation, misdemeanor, or a felony, depending on the circumstances of the accident. Depending on the evidence gathered by the police, you could be arrested and held in jail until your arraignment. It is extremely important to consult with an attorney as quickly as possible to ensure that your rights and interests are protected throughout the police investigation.

I got into a fight with my girlfriend/boyfriend/spouse/partner and he/she has an order of protection against me. What can I be charged with? Can he/she agree to drop the charges?

One of the charges you could face is Criminal Contempt. Depending on the circumstances, you could be charged with Criminal Contempt as either a misdemeanor or a felony. Although the District Attorney’s Office will consider the position of the victim in a case of domestic violence, it is within the sole discretion of the DA’s office to decide how to handle your prosecution.

I am charged with Criminal Mischief. Can I just repair or pay for the damage and have the charges dropped?

The District Attorney’s Office considers a number of factors when deciding how to handle the prosecution of a particular case, including whether or not the victim was made whole (i.e. reimbursed for the cost of the damages). Unfortunately, there are a number of other factors that are often considered, including your criminal history, the extent of the damage caused to the victim’s property, the circumstances surrounding what lead to the incident, and the strength of the District Attorney’s case. Like the charges above, Criminal Mischief is a crime, and if convicted, you will have a criminal record for the rest of your life. Depending on the value of the damage, Criminal Mischief can be charged either as a misdemeanor offense or a felony.

I used a fake ID/license to buy alcohol or to get into a bar. The police wrote me a ticket for VTL 509.6. What’s going to happen?

If you just plead guilty, you face fines up to $300.00 and a NYS surcharge of $93.00. It is also within the Judge’s power to sentence you to 15 days in jail as well. You could also be charged with the crime of misdemeanor Criminal Possession of a Forged Instrument. Finally, the NYS DMV will suspend your driver’s license. It is imperative that you seek counsel to represent you.

I was arrested for possession of a controlled substance (drugs). What should I expect?

When charged with a drug offense, typically, the District Attorney’s Office and the Court will advocate for your participation in a Drug Treatment Court Program. One of the many benefits of Drug Treatment Court is that if you complete the program, often times the District Attorney’s Office will significantly reduce your original charges, and in some cases, dismiss them.

SCHOOL LAW

My child has been suspended from school, what do I do?

Contact an experienced School Law attorney immediately. School districts are run by educators and administrators, not lawyers. A suspension, whether in-school or out-of-school, will be noted on your child’s permanent academic record, and can have a significant impact on their ability to attend college. Suspensions can disrupt a child’s academic performance, disqualify them from participating in athletics, and depending on the length, force them to be held back to repeat a grade.

I think my child may have a disability, and may need special education services. How do I request that my child be referred for services?

Any parent or legal guardian of a student can make a request that a school’s CSE (Committee on Special Education) evaluate the student for the potential need for services.

My child has an IEP (Individualized Education Plan) but the school is not following it. What do I do?

It is important that you notify the school of your concern immediately, and if possible, set up a meeting with the CSE to see what, if anything, can be done to improve compliance with the IEP.

My child has been bullied by one or more students and the school is not doing anything about it. Is there anything I can do?

Absolutely. Every school district is responsible for the safety and welfare of each and every student. If a school is made aware of a dangerous situation, it must work continuously to remove it. Bullying in school, and cyber-bulling off school grounds, are both situations that schools have a legal obligation to become involved in if made aware. As with many situations, having an experienced school law attorney advocating for you can often make your voice heard.

My child would like to get his/her “working papers.” How do we go about doing that?

Under New York Law, every student who wishes to obtain employment MUST first obtain permission from the district. There are several circumstances in which a district may prohibit a student from obtaining employment, or limit the number of hours he/she can work. If you need assistance in obtaining permission for work, please contact our office immediately.

My child’s school told me that I must drive my child to school from now on. Can they do that?

It depends. Under Education Law, schools districts must provide transportation to all students, unless the child lives within a certain distance from the school.

My child has had problems with one specific teacher, is there anything we can do?

First, you can talk with the school’s administrators. Not surprisingly, administrators don’t often grant a parents’ request for a chance in placement due to a dislike for a specific teacher. However, depending on the circumstances, the history of the relationship between the student and teacher, and several other factors, a district may be willing to consider allowing your child to switch teachers.

I am a teacher and have been brought up on disciplinary charges by my school district. Do I need an attorney?

Generally, if the allegations are directly related to your employment or place of employment, your teacher’s union will provide you with representation. However, you may want to consider choosing your own attorney to assist you in addition to the union representation. If the allegations against you are wholly unrelated to your duties as a teacher, your union will not provide representation. In these situations, it is imperative that you have an attorney who is not only familiar with the area of law pertaining to the allegations, but one who understands the impact the charges could have on your employment.

DUI / DWI

I’ve been charged with Driving While Intoxicated (DWI), what’s going to happen?

DWI cases are very complicated and complex. Although many attorneys say they “handle” DWI cases, not many handle them well. DWI defense is an ever-changing field that requires a tremendous amount of knowledge and experience. In his nearly 10 years of practice, Mr. Cole has handled thousands of DWI cases, including those involving serious injury and death.

There are a number of factors that will determine what the likely outcome of your DWI case will be. But before you even think about the end result, it is imperative that you speak with an experienced DWI attorney from the start. Regardless of the outcome of the criminal charge, the NYS DMV will take action on your license almost immediately. Whether or not you refused a breath test will have a dramatic impact on the DMV’s decision to revoke your license.

If I refused the breath test, will I lose my license?

If the Court is provided proof at your arraignment that you refused the breath test, the judge must suspend your license pending a NYS DMV hearing. An experienced attorney can represent you at the DMV hearing and attempt to have your license reinstated during the pendency of the criminal case.

Can I get a conditional license?

If you refused the breath test, no. If you took the breath test, possibly. Your previous driving record and the circumstances of your arrest will be factors in deciding whether or not you are eligible for a conditional license.

What is the difference between DWI, DUI, and DWAI?

DWI stands for Driving While Intoxicated. DWI is a crime and can be charged as either a misdemeanor or felony. DWAI stands for Driving While Ability Impaired. DWAI is most often associated with Driving While Ability Impaired by Alcohol. If charged as a misdemeanor, DWAI by Alcohol is a crime. If charged as a violation, DWAI by Alcohol is not a crime. DUI stands for Driving Under the Influence. There is no crime of Driving Under the Influence in New York.

I am charged with Aggravated Unlicensed Operation of a Motor Vehicle (Driving with a suspended license). Do I need an attorney?

I have never been arrested before. What will happen if I am convicted of DWI?

If you are at least 19 years old, you will have a criminal record for the rest of your life. If you hold a NYS teaching certificate, the New York State Education Department will automatically be notified of your arrest and conviction. Regardless of your employment, if you apply to a job in the future and are asked if you have ever been convicted of a crime, you must answer, “yes.” Having a criminal record for the rest of your life can have astronomical consequences on your future. For this reason alone, it is extremely important that you have an experienced attorney handle your DWI case from start to finish.

How much will it cost to hire an attorney?

I am always available for a free consultation, but click here for an estimate.

TRAFFIC TICKETS

What’s going to happen to my license if I get convicted of a traffic ticket?

It depends on the ticket and your driving record. Below is a list of the most commonly issued tickets and how many points will be assessed against your license by the DMV if convicted. If you accumulate 11 points or more within an 18-month period, the NYS DMV will suspend your license. You will be given the option of attending a hearing before a DMV Administrative Law Judge or accepting a period of suspension, usually for 31 days.

VIOLATION POINTS

Speeding (No MPH indicated)………………….……3

Speeding (1-10 MPH over speed limit)…………..…3

Speeding (11-20 MPH over speed limit)……………4

Speeding (21-30 MPH over speed limit)……………6

Speeding (31-40 MPH over speed limit)………..….8

Speeding (Over 40 MPH)……………………….……11

Reckless Driving (Misdemeanor)……………………5

Failed to stop for School Bus………………..………5

Followed too closely (tailgating)……………….…….4

Failed to yield right-of-way………………………….…3

Disobeying traffic control device……………………..2

Failure to stop at a stop sign or red traffic signal….3

Improper passing, changing lane unsafely……..….3

Leaving scene of property damage incident……….3

Child safety restraint violation………………….……3

Improper cell phone use………………………………5

Use of portable electronic device (texting)……..……5

Will my license by suspended?

In NY, there are a number of different circumstances for which your driving privileges will be either suspended or revoked. Click here for more information.