Category Archives: Criminal Defense
N.Y. Mental Health Courts Offer Treatment Alternatives to Prison
Mental Health Courts are specialized programs designed to address the unique needs of individuals with mental illnesses who are charged with criminal offenses. These courts aim to divert these individuals away from traditional criminal court processes and into supervised plans that focus on mental health treatment and support. New York has implemented mental health courts […]
Differences Between Federal and State Prosecutions in New York
A criminal defendant has substantial rights under both state and federal law. The U.S. Constitution establishes certain minimum protections of civil liberties. However, the states are free to enact legislation that provides even greater protection of individual rights. Certain sections of New York’s penal code include protections that exceed the requirements of the federal system. […]
How Prosecutors Try to Prove “Intent to Sell” in Drug Possession Cases
The State of New York regularly prosecutes drug crimes. The state penal code distinguishes possessing drugs for personal use from selling drugs for profit. The penalties for selling illegal drugs are much more severe. To convict someone of “possession with intent to sell” the state must prove that the accused planned to sell or distribute […]
What Should You Do – and Not Do – if You’re Pulled Over for DWI
Being stopped by police on possible suspicion of drunk driving can be a harrowing experience. If this happens to you, your actions can make a big difference in how the police investigation proceeds and what charges might eventually be filed. If you see the flashing lights of a police car behind you signaling you to […]
How Can You Get Your Criminal Records Sealed in New York?
A criminal conviction can follow you long after you’ve completed your sentence. The conviction appears on your criminal record, which can hinder your ability to get a job, pursue education or find a place to live. Fortunately, in recent years, New York has expanded the availability of record sealing, allowing more people to keep their […]
Strategies for Contesting Domestic Violence Charges
Domestic violence refers to emotional, physical, psychological or economic abuse between family members, those sharing a home or people in intimate relationships. There is no specific crime called domestic violence under New York law. Rather, these types of conduct are prosecuted as other crimes — such as assault, menacing, stalking or strangulation — and are […]
Defenses in New York Drug Possession Cases
The crime of drug possession means that a person willfully holds or has physical control of an illegal substance, such as methamphetamine, heroin, cocaine or unlawfully obtained prescription drugs. Depending on the type of drug and the quantity involved, possession charges can lead to serious criminal penalties including fines and prison time. Although being caught […]
What Are Your Plea Bargain Options in a DWI Case?
If you’ve been charged with drunken or impaired driving in New York State, you face substantial negative consequences, such as fines and license suspension. In some cases, it is possible to plea bargain a DWI to obtain a more favorable outcome. However, New York law restricts plea bargains for certain DWI offenses. Knowing your options […]
The Limits of New York’s Marijuana Legalization Law
New York has generally legalized recreational use and possession of marijuana and cannabis-containing products. However, there are still restrictions that you need to know in order to avoid possible criminal prosecution. Here is a summary of what is now legal in New York for individuals age 21 or older: You can possess up to three […]
“Less Is More” Law Brings Major Reform of New York Parole System
In September 2021, New York adopted a new law that significantly changes parole policies and procedures in the state. Known as the “Less Is More Act,” the law aims to reduce incarceration rates in the state and to make the parole system more fair and just for everyone involved and for the public at large. […]
