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New sentencing proposal for a nonviolent criminal conviction

Criminal defense attorneys in New York have complained about how penalties for criminal convictions are handled. The use of indeterminate sentencing has resulted in the length of time a prisoner must serve on a felony conviction being left up to the state parole board. As a result, individuals serving time for nonviolent offenses have contributed to prison overcrowding because they are not being released as early in their sentences as they had been in the past.

A car search turned up marijuana. What now?

Having marijuana in your car is never a good idea. The drug is not legal in New York; in fact, the state has some of the strictest drug possession laws in the nation. Even the smallest amount means paying fines. It is important to understand the marijuana laws in New York so you can avoid fines and potential jail time.

Fines are not the worst part of getting a speeding ticket

Motorists may not realize it, but they have more to worry about than the just the fine they must pay as the penalty for a speeding ticket. Fines will hurt your bank balance, but the points associated with them can accumulate until you receive a letter from the New York Department of Motor Vehicles informing you to stop driving because your license is suspended.

Traffic misdemeanors versus infractions

If you have had a license for more than a couple years (or, for some people, a couple weeks), you have probably gotten a traffic infraction. These minor occurrences generally manifest as speeding, following too closely, having a taillight out or anything else that would result in a simple ticket. Normally, consequences involve paying a fine, points on your license and perhaps your insurance cost going up. 

Can you remember every New York traffic law?

One misconception that non-lawyers can have about law school is that it is three years of learning laws. But the truth is that there are so many laws in place in New York (as well as even more federal laws) that teaching them all in school would be impossible, and remembering them all even more so.

Wild school bus ride could end with felony conviction for driver

A group of 35 high school students from New York got a surprise on what should have been a routine bus ride to school on a recent morning. The ride ended when the 56-year-old driver crashed the vehicle into a telephone pole causing minor injuries to some of the students.

Reckless driving: A simple law with dire consequences

Unlike other traffic violations such as speeding, going through a red light or disobeying a stop sign that are infractions punishable by a fine, reckless driving is a misdemeanor for which you can go to jail. Because it is a misdemeanor, a conviction after trial or after pleading guilty to reckless driving will leave you with a criminal record.

Police looking to avoid criminal charge in some cases

If the police commissioner of New York City has his way, the number of arrests made by his police officers should drop offer dramatically. As part of his proposal, the commissioner wants to give officers broader discretion in deciding whether to make an arrest.

What is the significance of blood alcohol concentration levels?

BAC levels provide approximate guideposts to measure alcohol affects, but are not necessarily determinative of when police may arrest a person for drunk driving. Whether you have been arrested for DUI based on a BAC reading or for any other cause, you will require a legal defense that is both knowledgeable in how to represent clients in your position as well as aggressive in conducting that defense.