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Hudson Valley Criminal Defense Law Blog

Sex crimes, lack of consent and inability to consent in New York

When a New Yorker is confronted with allegations of sex crimes, the potential penalties if there is a conviction are only part of the problem, albeit the main problem. There are others that must be considered. The mere accusation of sex crimes can lead to a negative perception in the community, lead to problems with family and do harm to the person in a professional context in the present and future. Before formulating a defense against these charges, it is important to understand the crime itself and what the law says about it. Two important factors that can lead to an arrest for sex crimes are lack of consent and if the alleged victim is incapable of consent. Understanding these is integral to defending against the charges.

Head-on car accident injures three and results in felony DWI

With cooler weather and winter rapidly approaching, the roads in the Hudson Valley will be treacherous enough. With the holidays coming quickly, that danger will be accentuated with the possibility that drivers might head out on the road after having a few drinks. When there are allegations that a driver was under the influence and that caused an accident, this can result in drunk driving charges and severe consequences because people were injured or killed. After an accident with drunk driving charges and serious injuries, the driver will run the risk of facing felony charges and the accompanying penalties. With these charges, having a good legal defense is crucial.

Couple charged with felony drug sales with cocaine and heroin

With the way drugs are viewed as so problematic in New York State and across the nation, law enforcement is intensely seeking those who might be taking part in selling it to try and put a stop to it. This will lead to an arrest and hefty charges with serious consequences - especially if it is a drug like heroin or cocaine. When arrested on these charges, no matter the circumstances under which the arrest was made, it is imperative to understand the severity of the charges and plan a strong legal defense.

A man and wife were placed under arrest due to allegations that they were selling cocaine and heroin out of their residence. The couple, both 43, were arrested after a search of their home at shortly after 10 p.m. In the search, law enforcement stated they found 10 grams of cocaine, and 186 bags containing heroin, along with items for its packaging, and to weigh it. They are facing a Class B felony charge of possessing a controlled substance intended for sale. Law enforcement states that the investigation was ongoing for months.

Massachusetts woman arrested in New York for several DWI offenses

Drunk driving charges in New York can be intimidating and cause long-term problems for anyone, but it is especially worrisome for those who are from other states. The circumstances will dictate what the charges will be after a DWI arrest and for some, that can include multiple offenses with significant penalties if there is a conviction. For people who are from out-of-state and find themselves facing DWI allegations, having a strong legal defense from a lawyer who is based in New York is vital to the case and achieving a positive result.

A woman from Massachusetts was arrested for allegations of driving drunk with a child passenger. The 45-year-old was driving a 2001 GMC Sierra. Law enforcement made the traffic stop and determined that the woman was under the influence. They also found the child under 16 in the vehicle with her making it a violation of Leandra's Law. Leandra's Law raises the charge to a Class E felony and was implemented after a child died in a DWI crash nearly a decade ago. The driver in this case is slated to appear in court.

What is the law for presumption of drug possession in New York?

When there is a law enforcement search of a vehicle or a room in New York and drugs are found, those who are in the vehicle or are near the room will likely claim that the drugs do not belong to them. It is a common question as to how law enforcement and prosecutors can prove who the drugs belonged to. Many will think that this is a viable strategy for defense. However, it is important to understand the law for the presumption of criminal possession of a controlled substance and what it entails. This is key for those who are arrested as part of a drug investigation and charged with possession.

If a controlled substance is found in an automobile, it will be presumptive evidence that every person who was in the vehicle at the time was aware of it and is therefore responsible for it. This does not apply to vehicles like a city bus. This will not apply to the operator of the vehicle if it was part of their job to operate it and it is done in a lawful way with licensing; if a person in the automobile is authorized to have the substance and it is in the same container as it was when it was received; or when it is concealed on the person of someone in the vehicle.

Man arrested for DWI in New York while teaching teens to drive

When there are drunk driving charges in New York State, it is often said that the person who was arrested must think about "protecting your future." Since the negative impact of a conviction for drunk driving can be so far-reaching, this is eminently true. Losing driving privileges, jail time, fines and other penalties can hinder a person for an extended period. When the arrest is made when the person is working and his or her job requires having a driver's license, it becomes even more important to craft a strong defense to avoid the harshest penalties or get an acquittal. Legal help is critical to achieving that goal.

A 58-year-old man was arrested for alleged drunk driving while he was giving students driving lessons. The incident occurred in the mid-morning at around 11 a.m. The students stated that they convinced him to pull the vehicle over at a fast food establishment parking lot. Law enforcement came to the scene. The students had entered the restaurant and refused to come out. The man then drove away and rear-ended another vehicle a short time later. The woman in that vehicle, 29, was hospitalized with injuries that were not believed to be life-threatening. The man was not hurt. He faces charges related to DWI and endangering the welfare of a child.

Call a qualified lawyer when charged with underage drunk driving

Underage drinking is a common issue in the news in New York and across the nation. It may be true that there is generally no preventing people who are underage from getting alcohol and deciding to drink, but one issue that is more concerning is the number of people who are underage and get behind the wheel of a car. Although other issues are granted more attention today such as distracted driving, drunk driving is still one of the most common causes of car accidents with injuries and fatalities. If a person is accused of underage drunk driving, it can hinder their lives for the long term. Having legal help to defend against these charges is undeniably important.

People under age 21 are not supposed to be drinking. When they do, that legal violation is compounded if they also choose to drive. Law enforcement is out in force looking for drivers who are under the influence. When there is a traffic stop, the underage driver can be confronted with an arrest and the loss of driving privileges just to start. There can also be jail time, fines and a record for having been arrested for DUI. It is important to remember that, despite the allegations, a driver can still formulate many different lines of defense to deal with the case.

Man arrested for DWI after crashing into window of store

In the Hudson Valley, drunk driving charges can leave a driver with a variety of penalties if there is a conviction. Since the problem of drivers who are under the influence is so dangerous, it is no surprise that law enforcement is out in force trying to stop it. If there is a crash and it is due to allegations of drunk driving, the penalties can be even worse. For people who are facing any level of DWI charges, having legal help is a must for a skillful and effective defense.

A car accident in which a vehicle ran into a business's window led to the arrest of the driver for DWI. The accident happened at approximately 8 p.m. when a 32-year-old man driving a 2006 Infiniti hit a parked car and ran into the window of a store that sells home furnishings. Fortunately, no one was hurt. When law enforcement investigated, they found the man registered a .20 blood-alcohol content. That is more than twice the legal amount of 0.08.

What traffic violations can I get for lapsed insurance?

Drivers in New York State are required to have insurance when they are on the road. If there is a traffic stop or an accident and the driver does not have the required proof of insurance, there are various traffic violation penalties that will be faced. With an insurance lapse, it is important to understand the circumstances under which it occurs and how to avoid the harshest penalties with help from a qualified attorney experienced in traffic violation defense.

If a person is facing allegations of an insurance lapse, it means they do not have liability coverage for a New York State-registered vehicle. This can result in the driver's license being suspended as well as the registration being suspended. Regardless of the reason, a driver who has a registered vehicle that is not insured is considered lapsed. It can happen between the date of the insurance having been canceled and the following dates: when the new insurance starts; when the driver surrenders the license plates; when the registration has expired; when there is valid "other proof" of insurance; or when the insurance is reinstated by the insurer.

Man faces drug offenses and child endangerment after arrest

Law enforcement in Upstate New York treats drug offenses seriously. Given the ongoing problems with drugs in the state and across the nation, this should come as no surprise. People who are in possession of drugs can face charges depending on how much they have. Those who are charged with selling drugs will inevitably deal with far more serious consequences should there be a conviction. The circumstances of the case will dictate how hefty the penalties could be. Regardless, those who are arrested for any drug offenses must remember to plan a strong defense with help from a qualified attorney.

A 27-year-old man was placed under arrest on multiple drug charges. The arrest was made in the afternoon shortly after 1 p.m. The charges include three counts of selling heroin; drug possession with intent to sell; and possessing narcotics with the intent to sell. The latter two are in the category of a class B felony. He is also accused of child endangerment. The charges came after a combined investigation between several law enforcement entities.

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