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Criminal Archives

DWI, not the only drunk driving crime in New York

Getting pulled over and questioned for suspicion of drunk driving is stressful. Anyone in this situation probably has question after question running through their head. Questions like will I get a ticket? Will I go to jail? Will this affect my record? Will they take away my car?

Can I Get a Hardship License in New York?

If you are arrested and charged with driving while intoxicated or driving under the influence, DWI/DUI, in the State of New York your driving privileges will likely be suspended at your initial hearing, or arraignment. For most people, the ability to operate a motor vehicle is not a luxury -- it is a necessity. Having your license suspended, therefore, can create a serious problem. Fortunately, you may be able to get a hardship license in New York if you can prove that the inability to drive creates an "extreme hardship." Only an experienced New York criminal defense attorney can evaluate your specific circumstances and advise you regarding your ability to obtain a hardship license; however, a basic understanding of the New York hardship law may be beneficial in the meantime.

Shoplifting in Queens: What Is the Penalty for a First Time Offense?

If you have been charged with shoplifting in Queens you are not alone. Shoplifting is one of the most commonly charged criminal offenses in Queens. Although it may seem like a minor crime and, therefore, nothing to worry overmuch about, shoplifting is considered a crime of dishonesty. As such, it could be an obstacle to employment down the road or even to qualifying for a professional license. Working with an experienced Queens criminal defense attorney is the best way to avoid a conviction for shoplifting. In the meantime, it may be beneficial to understand how shoplifting is charged in Queens and the potential penalties should you be convicted.

Can a Civil Protection Order Put an Abuser in Jail?

Although domestic violence was once largely ignored by law enforcement and the courts, it is now taken very seriously by both. In fact, an alleged victim is often able to get a judge to approve a civil protection order without the alleged abuser having the opportunity to object to the order or defend the allegations found in the order. The reasoning behind this is simple - better safe than sorry. Whether you are the alleged victim or abuser, you may be asking " Can a civil protection order put an abuser in jail? " Once an order has been issued, violating the order can indeed result in the respondent going to jail.

The Different Felony Categories in New York

Having a criminal conviction on your permanent record can be damaging in many ways. A felony conviction is even worse. A crime is considered a felony when the potential sentence includes a prison term of a year or more. According to penal law in the State of New York, there are five different felony classes and two subcategories. Each of those categories are then further divided into violent and non-violent crimes.

How Long Does It Take a Lawsuit to Get to Trial?

At some point during your lifetime there is a good chance that you will be involved in a lawsuit. Whether you believe it is a good thing, or a bad thing, the reality is that the United States is a litigious society. Disputes are resolved through the court system in the U.S. If you suddenly find yourself as the Plaintiff or the Defendant in a lawsuit you may have numerous questions, such as " How long does it take a lawsuit to get to trial? " There is no easy answer to that question; however, understanding a bit more about the path a lawsuit takes through the court system and the factors that will influence the life span of a lawsuit may provide you with some guidance.

Will I Get Probation for a DUI/DWI in New York?

If you have recently been charged with driving while intoxicated (DWI) or another alcohol related driving offense in the State of New York you are likely concerned about the penalties you face if convicted of the charges filed against you. Specifically, you may want to know if you will receive probation for a DUI/DWI in New York. Because of the unique facts and circumstances that surround an alcohol related driving arrest it is always best to consult with an experienced New York criminal defense attorney for individualized advice; however, some general advice may be helpful as well.

Free Report: Selecting Your Jury For A Criminal Jury Trial in New York

As an accused in a criminal prosecution in the State of New York you have a number of important rights that are guaranteed to you by both federal and state constitutions. Whether or not you choose the exercise your right to a trial by jury is a decision that should only be made after careful deliberation on your part.

Queens DUI: What Is the HGN Test?

When a motorist is pulled over on suspicion of driving under the influence, or DUI, in Queens, the law enforcement officer conducting the stop typically asks the suspect to perform a number of tests to try and determine if the motorist is intoxicated. Collectively, these tests are referred to as "field sobriety tests", or FSTs. Though an officer can use any test he or she wishes to determine intoxication, most officers use the three "standardized" FSTs. These are considered standardized because they have been approved by the National Highway Traffic and Safety Administration, or NHTSA. The three standardized tests include the one-leg stand, the walk and turn, and the HGN test. Of the three, the HGN test is the most confusing to most people because they do not understand what an officer is looking for when conducting the test. A brief explanation may help if you ever find yourself faced with the HGN test.

What is Domestic Violence in Queens?

Just a generation or two ago, domestic violence was something that was largely swept under the carpet in the United States. Even situations where the victim was in serious, imminent danger from an abuser were often ignored by law enforcement as well as by family and neighbors. Today, however, the pendulum has swung to the other side, making it possible to be arrested for domestic violence without even actually touching an alleged victim. If you have been accused of domestic violence in Queens, you need to understand your rights as an accused as well as some of the potential consequences of a conviction.