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April 2016 Archives

What are the penalties for the criminal use of a firearm?

Violent crimes, such as an assault or battery, can result in serious penalties for a defendant upon conviction. However, individuals often respond with such actions in self-defense, or when defending another person or their home. Moreover, an individual might use a firearm in self-defense. Despite the fact that a person is using a weapon for protection, it might not be readily apparent that it is being used for self-defense; therefore, an individual could be changed with a gun crime if authorities presume that a firearm was used in the commission of a crime.

New York lawmakers seek mandatory phone scans after accident

When a police officer stops a driver, the driver is likely used to the line of questioning that follows - do they understand why they were stopped? In most cases, a driver understands the traffic violation the officer might have observed. However, this is not always clear to a driver, especially when they believe they were driving safely and following the rules of the road. In contrast, following an automobile accident most drivers are not familiar with the line of questioning they will face because it is likely their first accident and they are dealing with the emotional aftermath of the crash. Nonetheless, police officers will likely ask several questions and even request to search the driver and even their vehicle. In these matters, drivers should understand their rights.

Understanding the requirements for a search warrant

In order for law enforcement to collect evidence on a defendant in New York or elsewhere, it is likely that a search warrant will be required. The failure to properly obtain a search warrant could mean that evidence improperly collected will be suppressed. Ultimately, this could help defendants reduce or dismiss the criminal charges against them.

What is possession of a drug with the intent to distribute?

A drug charge is often considered a serious charge and one that could severely impact the personal and professional life of the accused, especially if that person is convicted of the crime. In some cases, defendants in New York and elsewhere could face additional charges that stem from an original drug possession charge. However, in order for an individual to face charges in conjunction with possession of a drug, certain elements need to be satisfied.

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