James M. Wagman, Attorney at Law
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Posts tagged "Criminal Defense"

Woman faces allegations of stealing from people in her care

People in the Hudson Valley and throughout Upstate New York who are trusted in a job are expected to reward that trust by doing what they are required to do based on the terms of employment. It goes without saying that they are not expected to take things that do not belong to them. That includes money, property and assets. Those who are trusted to care for the elderly and disabled are often accused and charged for theft. While these allegations are serious, it does not automatically mean they are true. For people who make their living as caregivers, a criminal charge like this can not only result in long-term consequences, but it can negatively impact their job prospects. Having a lawyer is critical to a defense.

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.

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.

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.

What is the law and the penalties for larceny in New York?


For people in Upstate New York who are placed under arrest and are informed that they are being charged with larceny, there might be some confusion as to what that means. With any criminal allegations, it is imperative to have legal assistance for a criminal defense. That is true with larceny and any other charges. Larceny is when a person takes the property of another and did so without using force. The intention is to deprive the owner of the property forever or for a significant time period.

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.

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.

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.

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.

Do shoplifting penalties differ based on item values in New York?


People who are facing allegations of shoplifting in the state might not realize that a criminal conviction can have long-term consequences with the penalties largely hinging on the value of what was taken. This state classifies shoplifting as larceny. If a person takes the property of another and intends to deprive that other person of the property, it falls into this category. The allegations can be increased based on the circumstances. If, for example, the person entered an establishment specifically to commit larceny and had certain tools to do so, there can be a commercial burglary charge. It is important to understand the difference.

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