OpenClose Menu

View Our Full List of Courts:

Hudson Valley Criminal Defense Law Blog

What license restrictions might I face for multiple DWIs?

New Yorkers who are dealing with multiple offenses of driving while intoxicated will be confronted with harsher penalties than those who are charged with fewer offenses. In New York State, there are rules that mandate the license suspension and license revocation for those who reach a certain number of DWI convictions. Because losing one's driving privileges can be such a difficult situation to deal with, it is important to understand the various penalties, their nuance and how to formulate ways to combat the charges and avoid these penalties.

Key factors to understand are the rules for reapplying for a driver's license and how the convictions affect that. The person must remember that a "serious driving offense" means a fatal accident, a conviction of a crime that is driving related, a conviction of two or more violations with five or more points placed on the license or 20 or more total points.

Teacher faces drunk driving charges after arrest at work

For New York State residents who are arrested on drunk driving charges, the individual situations will inevitably vary as will the level of consequences they face. That goes beyond the case itself and can have a negative impact on their employment. For example, if the person works at certain jobs or the allegations take place when they are at work, they might be confronted with problems that go far beyond the legal penalties with the arrest. Everyone needs a strong drunk driving defense, but this is particularly true if their employment could be in the balance.

A 47-year-old kindergarten teacher was placed under arrest after she allegedly arrived at work under the influence. At around 8 a.m., a local law enforcement officer who is the resource officer at the school caught an aroma of alcohol on the teacher. She was also said to stagger when she walked. She was asked to submit to a breath test to determine her blood-alcohol content. It came up at 0.13 percent. This is above the legal limit of 0.08 percent. When her vehicle was searched, a cup with a mixed alcoholic drink was found. She has taught for nearly two decades. It is not yet known how this will affect her employment.

Woman arrested on felony drug charges after investigation

New York State law enforcement is vigilant about seeking out people who are committing drug crimes. They do so in a variety of ways including during traffic stops and with other investigating techniques. People who are arrested on drug charges could have a significant amount of the substance on them and face allegations of distribution and sale. Or they could have a smaller amount that could be viewed as for personal use. The amount can be a vital difference when the charges are filed. Regardless of the circumstances, those who are arrested for drug possession and related crimes must make certain they put the pieces in place for a strong defense in the immediate aftermath.

An early-morning traffic stop resulted in a 36-year-old woman being arrested on several drug charges. The woman's vehicle was stopped in the roadway on an Upstate New York parkway. When officers came upon the scene, they spoke to the woman and stated that they smelled marijuana. They conducted a vehicle search and found more than five grams of hallucinogenic mushrooms. They found more than three grams of marijuana. The woman was arrested for drug possession and is now confronted with a class A felony charge.

Understanding dispositional orders for juvenile offenses

A criminal record can have a profound effect on a young person's life. For those who are arrested for what would be a crime if the person was an adult and they are older than 7 and younger than 16, they might be labeled as a juvenile delinquent. This is to supervise, treat or confine the juvenile. Depending on the crime, a juvenile between 13 and 15 can be charged as an adult. These individuals will not be considered a juvenile delinquent if they are convicted, but will be called a juvenile offender. A key part of these cases is the dispositional hearing.

When there is a dispositional hearing, a judge will determine if the person is a juvenile delinquent and how to address the situation. Testimony will be given by the probation officer regarding the juvenile's behavior while at home and school and if there are other court cases in which he or she was involved. Parents, guardians and others who have information to share might be allowed to testify. Recommendations as to how to deal with the situation can be provided by the probation officer. These can range from a conditional discharge, an order of probation or the juvenile being placed in a facility. If there was damage, the juvenile can be ordered to pay restitution. If there were injuries to another as part of the criminal activity, the juvenile can be ordered to pay for medical expenses.

Allegations involving criminal acts and DWAI lodged against teen

In New York State, it is not uncommon for a person to be arrested on multiple offenses that run the gamut of violations. If it is a young person who has just reached adulthood, mistakes happen frequently and this can result in allegations and harsh penalties. With a combination of alleged criminal behaviors and driving violations, the long-term consequences can severely damage a person's life. Having an experienced criminal defense attorney who can handle all areas of the case is imperative to the defense.

An 18-year-old man was arrested three times in the same day on a variety of charges. His problems began at around 8:30 a.m. when he had a car accident and was given a citation for possession of marijuana. He was a passenger at the time. The tires of the vehicle were blown out and it had damage to its body. Around two hours later, the teen drove another vehicle and was placed under arrest for DWAI. He was processed and released. He took a cab after his release and is accused of attempting to rob the driver of his money. The man ran and the driver chased and caught him. When police arrived, he was arrested again for several charges including petit larceny.

What if I am a new driver and face traffic violations?

In New York, a person who is getting his or her first driver's license or a person who had lost his or her license and has finally gotten it back might be under the impression that it is smooth sailing moving forward. However, they often fail to realize that new drivers must adhere to certain rules based on their probationary license. Drivers who are on a probationary license must understand the rules that apply to them. Committing a traffic violation can result in penalties that could lead to the loss of driving privileges.

When the driver has passed a road test or had restored driving privileges after they had been rescinded, there will a probationary period of six months. If there are violations and a conviction, the driver's license will be suspended for 60 days. The violations that will result in this punishment include the following: speeding, reckless driving, following the vehicle in front too closely (tailgating), taking part in a race, using a mobile device while driving, using a mobile telephone or any two other traffic violations.

What are the different categories of rape in New York?

Sexual assault and accusations of rape in its varying forms are cropping up regularly today. In New York and across the country more and more people - both men and women - are sharing their stories of being victims. While rape is a terrible crime, accusations against a person do not automatically imply guilt. Given the harsh penalties that can result from a criminal conviction after a rape charge, it is crucial to lodge a strong defense. Part of that is understanding the various laws and degrees under which rape is categorized.

Third degree rape is when a person has sexual intercourse with another person who: cannot consent for a reason or factor apart from being younger than 17; is younger than 17 with the accused 21 or older; or did not give consent for a reason other than incapacity. Second degree rape is when there is sexual intercourse with: someone who is younger than 15 with the accused 18 or older; or a person is not capable of consenting because he or she is mentally incapacitated or disabled. First degree rape is if sexual intercourse occurs due to: forcible compulsion with the threat of death, injury or kidnapping; the person being incapable of giving consent due to being physically helpless; if the person is younger than 11; or if the person is younger than 13 and the accused is 18 or older.

Brother and sister faces drunk driving charges

New York State law enforcement is always on the alert for drivers who might be under the influence. Because drunk driving is considered such a problem and can lead to accidents and death, people who are arrested and charged with driving under the influence must be aware of the penalties and long-term consequences they might face if there is a conviction. A strong drunk defense and a favorable outcome is often contingent on having a qualified attorney to help. Those who are charged must bear this in mind from the very beginning.

A 51-year-old woman was arrested for drunk driving when she went to the police station to pick up her 50-year-old brother who had been arrested for drunk driving himself. According to law enforcement, the brother had a single-vehicle accident. When police investigated, they said that is blood alcohol content level was at .29, which is more than triple the legal limit. When his sister arrived to pick him up, officers stated that she seemed to be intoxicated as well. She was tested and her BAC level was at 0.22, almost triple the legal limit. She was arrested. They were both later released into the custody of a sober person.

Traffic stop leads to two arrested on drug charges

When law enforcement in Upstate New York makes a traffic stop, they will do so based on alleged traffic violation. While they investigate, they will also look at the driver and assess the situation to determine if the driver is under the influence or some other illegal behavior is taking place. If there are allegations of drug violations during a traffic stop, the person who is facing charges must know the importance of a strong defense and what options are available.

Two men were arrested on drug charges after their vehicle was stopped by law enforcement. The stop was made at around 9:30 p.m. When they investigated, the officers allege they smelled marijuana coming from the vehicle. They conducted a search and found marijuana and four grams of cocaine. The men, ages 21 and 22, were placed under arrest for a felony charge of fifth-degree criminal possession of a controlled substance. One of the men was charged with possession of marijuana.

A lawyer is integral to criminal defense for violent crimes

Upstate New York residents who are confronted with criminal charges related to violent crimes will undoubtedly be concerned about their situation. Regardless of the reason why the incident happened, these allegations carry with them substantial penalties, if there is a conviction. That can extend to jail time, fines and the stigma of a possible felony attached to them for a lifetime. The key to a successful resolution, whether that means an acquittal or a plea bargain is to have a strong legal defense.

People who hear the words, "violent crimes" might not be fully aware of the numerous different acts that are encompassed within the phrase. It can involve aggravated assault, simple assault or battery, a domestic incident, weapons crimes, armed robbery, a DWI accident that results in vehicular manslaughter charges, assaults involving juveniles, such as a fight at school, sexual assault and even road rage.

Our Main Office Location:

James M. Wagman, Attorney at Law| 11 Williams Street| Catskill, NY 12414 | Phone: 518-291-4803 | Toll Free: 866-901-8742 | Fax: 518-943-9186 | Catskill Law Office Map

Credit Cards Accepted

  • American Express
  • DiscoverCard
  • MasterCard
  • Visa
Back to Top