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.
FAQ
CRIMINAL LAW
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
DUI / DWI
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 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.
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.
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.
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.
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.
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TRAFFIC TICKETS
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