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Hudson Valley Criminal Defense Law Blog

Man faces multiple charges after alleged DWI crash

When a person is charged with driving under the influence in Hudson County, the charges and the penalties will depend on the incident or series of incidents that precipitated the arrest. There might be multiple offenses linked to the DWI based on the circumstances. Regardless of the case and the allegations, those who are facing charges for driving under the influence must make sure they know what they are up against and how a conviction can negatively affect their lives. A legal defense is essential.

A man was placed under arrest after an alleged DWI crash and is confronted with other charges for alleged acts at the police station after the arrest. A car accident between two vehicles happened at around 5:45 p.m. When law enforcement arrived to investigate, they found a 52-year-old man had crashed into the back of another car. He was arrested for DWI.

How does New York handle underage drunk driving?

With school out, there are more young people out and about across New York State. While most will obey the law, there will be some who are accused of making the mistake of underage drunk driving. This is treated very seriously in the state, so much so that there is a "zero tolerance" law specifically aimed at those under age 21 who drink and drive. When a person is charged with underage drunk driving, there are a multitude of penalties that can be assessed, such as a license suspension. It is essential to lodge a strong defense against these charges.

Anyone under 21 who drives with a blood-alcohol concentration of a minimum of .02 percent and a maximum of .07 percent will fall under this law. When a driver under 21 is stopped by law enforcement and it is believed that the driver drank alcohol, a breath test will be given to determine the BAC. Refusing a breath test will result in a license suspension of a minimum of one year.

Many faces assault charges are alleged road rage accident

In many instances in which there are criminal allegations against a person in Upstate New York, there are numerous different ways they can come about. In some cases, the circumstances are unique to the situation. For example, a person might need to lodge a criminal defense after an incident in which there was no original intent to commit a crime such as in a traffic incident. Regardless of the case, those who have been placed under arrest must make certain that they formulate a strong defense from the start.

An incident that law enforcement believes was sparked by road rage led to a woman and her three children being hit by a car, critically injuring one of the children. The driver, a 62-year-old man, is alleged to have driven onto the shoulder of the roadway to chase another driver who had cut him off. As he did this, he hit the woman and the children. The 38-year-old mother and two older children, 13 and 9, were said to be recovering. The youngest child, a three-month old, was in a stroller and suffered serious injuries. The driver was placed under arrest for multiple charges including a felony second-degree assault, two misdemeanors for third-degree assault, four counts of second-degree reckless endangerment, and reckless driving. The investigation into the case is ongoing.

Criminal traffic violations need not result in a misdemeanor

At any time in our life as adults in Greene County, we are expected to abide by the law. This includes when a person gets behind the wheel of their vehicle. There are many situations in which a person could find themselves the recipient of a criminal traffic violation if they do not follow New York state law. Some traffic violations are relatively harmless, like a speeding ticket or rolling a stop sign.

However, some traffic violations are more serious. These charges could result in a full-blown misdemeanor. The kind of charges that could result in a misdemeanor, or even loss of license, include leaving the scene of an accident, repeat speeding tickets or driving without a license of insurance. Unlike a parking ticket, criminal traffic violations aren't as easy to get rid of. Keep in mind that if you pay the fine for what you are charged, you are issuing a plea of guilty to the state.

Four charged for committing drug crimes, linked to overdose cases

When law enforcement officials feel that there is a drug epidemic happening in their state, they often end up cracking down on people suspected of committing drug crimes. They may start making more arrests or charging people with more serious crimes-the end result could be bad news for someone facing drug charges.

Four people recently arrested in New York on suspicion of committing drug crimes are the result of various police officers and detectives working together to combat a growing opioid epidemic. According to the police, three of the four were charged with criminal sale and possession of controlled substances and weapons and the remaining man was charged with loitering. According to officials, these four can be linked to a number of overdose cases in the area, including two fatalities.

What are the different degrees of assault?

Intentionally causing someone a physical injury is prohibited in New York as in the rest of the country. Known as assault, the key ingredient to the crime is the intent to cause the injury. There are various degrees to the crime of assault, depending on the use of deadly weapons, the mens rea of the person accused of committing the crime and the seriousness of the injury. Therefore, for first and some second degree assault offenses, there must be the specific intent to cause serious physical injury to the alleged victim.

When it comes to third degree and some second degree assault charges, it is not necessary to prove specific intent-it is enough to infer intent from the person's conduct, acts or surrounding circumstances. For example, the crime of reckless causation of serious physical injury to another by means of a deadly weapon does not require specific intent to be proven.

Should I negotiate a plea bargain?

Many people across the country, including New York residents, may believe that the only way to protect themselves from criminal charges is to go through the criminal justice system. While this may be true for people who are certain they can clear their name, it might not be the best option for everyone facing criminal charges and fearing a criminal conviction. This is perhaps why most criminal prosecutions in the country do not end up in a criminal trial but instead are finalized through plea bargains.

What is a plea bargain? It is an agreement between the prosecutor and the defendant whereby each party is making concessions for the other. In a typical plea agreement, the defendant agrees to plead guilty to some or all of the charges, or lesser charges, if the prosecutor agrees to make some concessions. These concessions could be reducing the penalties associated with the crime, reducing the severity of charges or recommending a reduced sentence.

Avoid the long-term effects of a traffic violation with our help

As mentioned previously, no matter how small the crime is, the consequences of a conviction can be long term. This means when New York residents brush off a speeding ticket, they are not only facing a possible increase in penalties associated with it but, depending on their previous driving record, the possibility of a license suspension. Moreover, the ticket could also lead to an increase of car insurance rates. This demonstrates how an infraction so small can have implications so far ranging.

This however, doesn't mean that drivers should run away from speeding tickets. Obeying the law is essential-if being pursued by officers, it is the law to move over and pull over to the side of the road. In fact, even if one is not being pursued, the move over law needs to be respected. While cooperating with he police is important, as is truthfully answering their questions, it is important to say only what is required, and no more.

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.

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