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Hudson Valley Criminal Defense Law Blog

What is misdemeanor second degree aggravated harassment?

A New Yorker who allegedly committed harassment should know what the law says about these allegations, the potential penalties and defenses. Since there are different types of harassment, charges will vary. This post will discuss second-degree aggravated harassment.

If there is an attempt to harass another person, second-degree charges are likely, if there is communication via telephone, mail or any form of delivery that threatens to physically harm the person, damage their property, or harm his or her family or household. In addition, the accused must have known or should have known that it would have led to a reasonable fear of those threats being carried out. It is also a crime under this statute if the communication was caused by a person, even if the accused did not do it.

Men arrested for drug crimes after smuggling drugs into jail

Drug offenses can be alleged in unique situations in Upstate New York. While there might be a belief that most drug charges result from a traffic stop, an ongoing investigation or by law enforcement witnessing a drug transaction, there are many other ways a person can find themselves charged with illegal drug activities. Nonetheless, since the penalties can be significant and have serious consequences for the rest of a person's life, crafting a strong defense is imperative, regardless of the circumstances.

A man who was visiting an inmate found himself under arrest for allegedly passing drugs to the inmate. The man, 34, allegedly passed the 28-year-old inmate the drugs.

In addition to jail, what consequences does one face for DWI?

New York law enforcement is out in force seeking drivers who are operating their vehicles under the influence. This is especially true in the warmer months when people are on vacation, driving to various events and younger drivers are out on the road more frequently since they are out of school. While most people will be aware of the penalties for a conviction on drunk driving charges, including fines, jail time and the loss of driving privileges, there are other consequences that must be considered and make it imperative to do whatever possible to combat the DWI allegations.

For people who have repeat convictions for DWI, their record will be subject to a lifetime review by the Department of Motor Vehicles. For those who are deemed "persistently drunk and dangerous," the DMV can deny the application to have the driver's license reinstated in the following situations: if there were five or more DWI convictions for alcohol or drugs in the person's lifetime; if there were three or more alcohol or drug-related convictions in the 25 years subject to review plus another serious violation in that time frame such as a fatal accident, and accruing 20 or more points for violations; or having two or more driving convictions that were worth five points or more.

Woman faces multiple offenses after alleged DWI near school

One of the most serious allegations a New Yorker can face when charged with driving while intoxicated, is if it is near a school. Those charged will be confronted with enhanced penalties. Not only can a conviction result in a loss of driving privileges, but also lead to jail time, fines and more. As such, with these drunk driving charges, a defense is imperative.

A 33-year-old woman was arrested at a daycare and school when she was believed to be intoxicated as she picked her child up. According to the investigation, she was under the influence when she went to the school. As law enforcement tried to take her into custody, she resisted the officers. She was charged with multiple offenses including a felony DWI, having been convicted of DWI in the previous 10 years, resisting arrest, and breath test refusal.

Man faces DWI, fleeing and assault for hitting officer with car

Since law enforcement in New York State is actively trying to catch and arrest drivers who are operating their vehicles under the influence, it is important that people avoid drinking and driving. When there is a stop and an arrest on drunk driving charges, it can lead to substantial penalties should there be a conviction. There can be multiple offenses if the driver is alleged to have committed other illegal acts as the investigation is commencing. When there is an incident in which a driver is dealing with these problems, having legal assistance is one of the most important factors in the case.

A man who was being investigated for possible DWI fled and hit a law enforcement officer with his car in the process. The incident began in the middle of the night at around 3:30 a.m. when police were told that there was a possibly intoxicated driver. When the driver, 47, was stopped, he tried to get away. As he was pursued, he refused to pull over. Eventually, he was found and placed under arrest. He was charged with second degree assault, reckless endangerment, fleeing law enforcement, driving a vehicle when it was supposed to have an ignition interlock device and other charges. The assault charge is a felony.

What should I know if I face accusations of burglary?

In New York State, those who are facing accusations of having committed a burglary must be aware of the definition of the crime, what the penalties are and how the allegations can be enhanced depending on the situation. For people who are dealing with these charges, knowing the criteria for burglary charges is important, but so too is it important to have a legal professional to help with the case.

A person who enters a location or remains there unlawfully and does so intending to commit a crime, could face charges of third-degree burglary. The entry happens when the person intrudes in a building with any part of his body, so even just sticking one's head into a location can result in a charge of third-degree burglary. It is not necessary for the person to have entered the location by force.

Massachusetts woman faces drug charges due to possessing heroin

Being arrested on drug charges in New York State can be a harrowing experience for anyone, but when these allegations come for someone who does not live in the state, it can be even more troublesome. The concerns about what will happen will be compounded in such a situation. It is important for anyone who is confronted with allegations related to drugs to understand the serious consequences that accompany a conviction and do whatever possible to achieve a desirable result and avoid the harshest penalties. For that, it is crucial to have legal assistance.

A 24-year-old woman from Massachusetts was arrested for several drug offenses in Upstate New York.

What is a driver civil penalty for traffic violations?

New York State takes its driving regulations seriously. This is a matter of safety as it seeks to ensure that drivers operate their vehicles based on the law and are made to face penalties if they fail to do so. In some cases, drivers will be required to pay a civil penalty for certain offenses. Understanding who must pay and when it must be paid is important to have the driver's license reinstated after it has been suspended or revoked.

There will be a driver civil penalty if the driver was in violation of the New York State Zero Tolerance Law for drivers under the age of 21 who operated under the influence of drugs or alcohol. The driver's license can also be revoked if the driver was asked by a law enforcement officer to submit to a chemical test to determine the presence of alcohol or drugs in the system; if the vehicle was driven without insurance; or if there was an accident and the driver did not have liability insurance.

Man faces drug and assault allegations after fight with officer

With a traffic stop in Upstate New York, those who are in the vehicle must be aware that they can face multiple charges if they refuse to cooperate with the officer. If they decide not to cooperate, the situation can quickly escalate and go beyond what the original charges might have been. Resisting arrest, assault, fleeing the scene and more can pile on top of what the initial issue was. Perhaps it was driving under the influence or being in possession of drugs. Those who find themselves confronted with a multitude of criminal accusations after a traffic stop must be cognizant of the long-term consequences if there is a criminal conviction and plan a strong defense.

A 24-year-old passenger in a vehicle that was stopped by law enforcement was arrested after he attacked the officer as a drug possession investigation took place. According to police, the vehicle was stopped after the driver committed traffic violations. As the officer investigated, he stated that he saw the passenger with heroin and hypodermic needles in his possession. The man attempted to hide the items to stop the officer from taking them. The man proceeded to attack the officer.

Man faces multiple offenses for DWI including Leandra's Law

New York State law enforcement is vigilant about trying to stop drivers from operating their vehicles under the influence. These charges carry with them significant penalties including fines and possible jail time. Other problems can come about when a person is convicted of DWI including the loss of driving privileges and problems at work. This can often hinge on the circumstances of the incident, if there was an accident, how high the blood alcohol content level is and more. When a person is arrested on drunk driving charges, having legal assistance is essential.

A 40-year-old man was arrested for several DWI-related charges. At approximately 9 a.m., law enforcement was called to investigate an incident in which a vehicle had driven off the road and there was damage to property. When they arrived, they found the driver - an off-duty corrections officer - with a cut on his head. In the vehicle were two children. They were not hurt. The man was found to have a blood alcohol content that was more than triple the legal amount. He was arrested for DWI and for a violation of Leandra's Law.

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