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Hudson Valley Criminal Defense Law Blog

Which crimes show up on background checks?

Though a crime is a violation of the laws of a state, not all crimes are treated equally. Hudson Valley residents may not know that crimes are categorized according to the penalties attached and the severity of the crime. Crimes are categorized as either infractions, misdemeanors, or felonies, and these classifications can affect the way they are reflected in background checks.

An infraction is the least serious type of crime-usually traffic violations where the police officer writes a ticket and gives it to the offending person, who then has to pay a fine. Though it involves little to no time in court, it leaves a criminal record that can be recovered in a background check.

What is the difference between rape and sexual assault?

Sexual violence takes many forms, and the different forms of it have different elements and different penalties. Understanding the elements of a crime is an important first step in defending oneself against criminal charges.

Sexual assault includes a number of behaviors that are unwanted by the other person, up to but not including penetration. "Sexual assault" means the other person has not consented to these behaviors or cannot consent because of age, disability or alcohol consumption. Sexual assault can include threatening behavior or actual physical force and includes intentional touching among other actions. New York residents may be aware that sexual assaults are considered felonies, which means they are considered very serious crimes.

What are the penalties for a second DWI in 10 years in New York?

The State of New York is known for many things-a vivid nightlife, rich culture and varied cuisine. One thing it is not known for is its stringent approach to drunk driving. New York has some of the toughest licensing policies in the country for repeat dangerous driving convictions.

First, similar to the rest of the country, a DWI charge will probably be filed when the driver has a blood alcohol content of .08 percent or higher-this is considered impaired to a substantial effect. An aggravated DWI is considered if the blood alcohol level is .18 percent or more. There are more classifications, based on the level of impairment and substance in question, such as alcohol or drugs or a combination of both.

Protections for those accused of drunk driving

Field sobriety tests are commonly an important part of drunk driving accusations and charges. It is important for individuals accused of drunk driving to be aware that, as is true of all crimes, they have the right to defend themselves against the charges they are facing. There are a variety of significant potential criminal and administrative consequences associated with drunk driving charges so it is important to be familiar with criminal defense protections.

Field sobriety tests that can be challenged can include vertical and horizontal gaze nystagmus; walk and turn; one leg stand; and the driver touching their nose with their eyes closed. Breath and blood tests can also be challenged in certain circumstances. Authorities are required to follow certain procedures for the protection of accused individuals. When they fail to follow required procedures, it may be possible to challenge criminal charges against the accused individual based on a violation of their rights.

Elements of drug manufacturing crimes

Most New York residents likely do not want to be associated with drug crimes. Drug crimes can result in not only hefty fines and potential prison time, they can seriously damage a person's reputation. A person's reputation can be impacted in their personal life, affecting relationships with family and friends. It can also impact a person's professional reputation, causing him or her to lose a job, and making it more difficult to obtain employment in the future. This makes it of the utmost importance to mount a vigorous defense against such charges.

What's more, some drug crimes are considered more serious than others. For instance, simple possession of a small amount of an illegal substance is usually not considered as serious as drug manufacturing. Drug manufacturing occurs when a person is involved in any part of the production of a drug.

Refusing a breath test in New York

Getting pulled over and being forced to undergo DWI tests can be scary. For many in New York, this is not something they ever expected to face and so they do not know how to proceed. But they often know one thing -- they wish to avoid the consequences that come with a DWI at all costs. The penalties associated with such a charge can be damaging in multiple ways. They can damage a person's reputation. They can damage a person's pocket book with hefty fines. Thankfully, there are certain steps a person can take to try to avoid these penalties.

One question many have after being pulled over and accused of drunk driving is whether or not to refuse a breath test. New York has what are called "implied consent" laws. That means that it is possible to have a license revoked for refusing to take a breath test. If there is an already existing DUI charge on the person's record, they may face jail time for refusing the test.

Categories of drug possession laws

When a New York resident is arrested and charged with a drug crime, their life can change in an instant. Drug crimes are very serious and can result in some serious consequences. Not only can a person face fines that can do damage to their bank accounts, they can also risk great damage to their reputations. This can make it difficult to find jobs in the future, or it could harm a person's current career. This is why it is important to do everything possible to fight such a charge.

However, not every drug charge is the same, and they all carry with them differing levels of consequences. For instance, in general there are two categories of drug possession laws. The first category is called simple possession. Simple possession is when a person is accused of possessing drugs for personal use, with no intent to sell. When there is intent to sell, then it is known as possession with intent to distribute.

A look at juvenile criminal procedure in New York

Many New York residents have made mistakes in their youth that they regret. However, some underage people make mistakes that cause more than regret -- they might result in a criminal charge. Although some might see crimes involving minors as not as serious, they can prove to be major ordeals, involving many complexities.

That said, those who haven't reached the age of 18 go through a different criminal justice system than those who have reached the age of majority. They go through what is called the "juvenile justice" system. However, police officers to not necessarily have to send minor suspects to juvenile court. In some cases, a minor may be detained and warned about the consequences. In other cases, a minor may be detained until the parents arrive.

What scenario may lead to drunk driving charges?

For some New York residents, being charged with driving while intoxicated is the most serious criminal charge they will ever face. Because of this, it can be very scary to have to fight such a serious allegation. There are many potential penalties, ranging from minor fines to jail time. This is why it is critical to mount an effective defense. However, many may not know what an effective defense looks like, or even what a typical scenario that may lead to DWI charges looks like.

Here is an example of one way that a person can find himself facing a DWI charge. After meeting up with a friend to celebrate the end of the week, a man decided to drink two beers. He was a small man and hadn't eaten very much that day. Because he felt that two beers wasn't very much alcohol, he decided to drive home after the night out.

DUI and employment background checks in New York

For many New York residents, the possibility of facing a DUI charge is one that is to be avoided at all costs. However, this is a reality that many will have to deal with. There are many questions that can arise when someone is faced with potential penalties. A person may wish to know what specific penalties are involved with a conviction -- and how to avoid them.

One of the most common questions people have about DUI convictions is how they show up on employment background checks. An employer may choose to conduct background checks for a variety of reasons. However, state laws determine whether or not a DWI or DUI appears on the background check. Also, certain federal laws can determine how and when employers can conduct these tests.

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