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Hudson Valley Criminal Defense Law Blog

What should I know about a plea negotiation in New York?

When a New Yorker is arrested on criminal charges, there will be a litany of concerns that must be addressed. Among them is the potential consequences they will face. The penalties will inevitably vary depending on the alleged crime that was committed. If it is a lower-level crime, then the possible jail sentence, fine and more will be less than if it is a felony offense involving drugs, weapons or violence. Regardless, understanding how the state oversees a possible plea negotiation, when it is possible and if it is wise to accept it is an important factor in any case.

With plea bargaining, the legal representative for the accused will talk to the prosecutor about the options for a settlement of the charges without the need for a trial. There is no specific time at which the plea bargain must take place. It can be from the time the person is arraigned all the way through the trial. The prosecutor is under no obligation to offer a plea bargain, but in some cases, it is better for all parties to do so. The judge must approve the agreement. An example might be a person who will agree to a reduced charge from the original allegations and avoid jail time.

Head of Upstate New York children's program faces DWI charges

There can be a negative impact for a conviction for driving while intoxicated regardless of who is confronted with the allegations. This is magnified when the accused is a person who has a prominent job with a public agency and is entrusted with the interests of children in New York State. For those whose entire livelihood can be damaged by a DWI conviction and other charges, it is even more important to have a strong legal defense against the charges to seek a positive outcome.

A 56-year-old woman was arrested on several charges related to DWI after an accident. The incident occurred in the evening when the woman's vehicle, a 2014 Toyota Sienna, crashed into a concrete divider and then overturned. It was close to railroad tracks in the area. After the crash, the woman got out of the vehicle and tried to flee.

Woman cited for "Move Over Law" traffic violation

Upstate New Yorkers might be under the impression that the only types of traffic violations that can cause problems in their lives are when there is an arrest. Included in incidents that can warrant an arrest include driving under the influence, hit and run, and more. Other violations can also be problematic in the short and long term and should not be ignored. Those who are dealing with other traffic offenses can have issues after the fact. These require legal assistance. One such issue is violating the "Move Over" law.

A crash between a vehicle and a State Trooper's cruiser led to the woman being cited due to the "Move Over" law. At approximately 8:30 a.m., the trooper's vehicle had pulled over with its emergency lights on. The trooper was directing other vehicles around a car that had been disabled. The woman who was cited came upon the scene, but the 40-year-old was unable to stop before crashing. She swerved and hit the trooper's vehicle on its driver's side. She had injuries including fractures to her arm. She was taken to the hospital. The trooper suffered injuries to his back and neck and was taken to the hospital.

Former fire chief arrested on DWI charges

When law enforcement in the Hudson Valley is patrolling the roads, it does not discriminate when it investigates drivers who are believed to be operating under the influence of alcohol or drugs. Regardless of their position in the community and the job they do, if there is evidence that they were under the influence behind the wheel, they will be arrested. On the other side of the coin, those who are arrested - no matter their occupation - must bear in mind the importance of a legal defense to seek a reduction of charges, an acquittal or a dismissal. Legal assistance is crucial toward this end.

A man who works as a village official was arrested on drunk driving charges. The man crashed his vehicle and when law enforcement arrived at the scene, they found the smashed vehicle and were unable to discern what it had hit. The driver had previously been the fire chief of the village. When he was taken to the police station, he was asked to take a breath test and refused. The man was working the day after the arrest. His driver's license has been suspended.

Traffic violation crackdown results more than 15,000 citations

While law enforcement in New York State is always on the lookout for drivers who might be committing traffic violations, there are certain times when they will make an extra effort to issue citations. The violations that are part of this crackdown can range from the serious for drivers who are under the influence of alcohol or drugs to acts that are dangerous when drivers are speeding, driving while distracted, failing to wear seatbelts, and not moving over when an emergency vehicle is behind them. While no one wants drivers to behave in this way, that does not mean that all tickets are justified. With the financial penalties and even potential for incarceration, it is important that drivers understand their rights to contest a ticket and have legal help when doing so.

Law enforcement and legislators often decide to initiate a crackdown during the holidays and it did so over Thanksgiving. The Governor's Traffic Safety Committee funded the increased detail. It went from the day before Thanksgiving until the Sunday after Thanksgiving. The New York State Police has revealed the number of tickets and arrests made during that time. The highest number of citations came about because of distracted drivers and speeding.

Driver of passenger bus needs criminal defense after hit-and-run

When there is an auto accident in Upstate New York, there might be a natural response to flee the scene to try and get away to forget it happened. Although doing so is the foundation for an arrest with charges and the accompanying penalties if there is a criminal conviction, many might make that mistake. After being charged with fleeing the scene of a crash - especially one in which there was a fatality, having legal assistance is essential to lodge a strong defense.

A woman who was operating a passenger bus had an accident with another vehicle and fled the scene. The accident happened at approximately 5:45 a.m. when a man was hit by the bus. He later died. Detectives assessed the scene and discovered the identity of the driver of the bus. The woman was located and arrested for multiple offenses including fleeing the scene of a crash with personal injury. The investigation is ongoing.

What is menacing and what are its penalties in New York?

When the word "assault" is mentioned in New York, people will have a general idea of what it entails. Other terms, however, might be confusing when they are said and heard. This is especially concerning when there are accusations of a legal violation and the person who is being charged is unsure of what it was that might have sparked the investigation and the arrest. Menacing is one such allegation. Those who are confronted with charges of menacing should be aware of what it means and what the potential penalties are. This is critical to a defense.

Menacing is when a person causes others to feel fear. This can occur in almost any situation. There are three degrees of menacing: first, second and third-degree. With third-degree menacing, the person will have intentionally caused another person to feel fear that they will have physical injury or death inflicted upon them. This is a class B misdemeanor and will result in as much as three-months incarceration.

Man arrested on felony drunk driving charges after accident

Law enforcement in Upstate New York is intent on catching and arresting drivers who are believed to be under the influence of alcohol or drugs. This is especially true with the holiday season rapidly approaching when more people will be on the road after celebrations with family and friends. When there is an arrest on drunk driving charges, there can be significant penalties including the loss of driving privileges, jail time, fines and more. For those who have a previous DWI conviction, the penalties can be harsher. Having legal help is an integral part of an effective defense.

A man was arrested on drunk driving charges after an accident. Initially, at shortly before 6 p.m., there was a call to law enforcement about a Dodge Ram that was said to be moving in a reckless manner. After pursuing the vehicle, the officer stopped the chase due to safety concerns. At approximately 6 p.m., there was a call about a crash involving that vehicle in a different town. Upon investigation, a 32-year-old man was found. He was placed under arrest on multiple offenses including DWI after having been convicted of it within 10 years. He was also charged with reckless endangerment. These are felony charges. There was a misdemeanor charge or reckless driving.

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.

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