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In New York, driving while intoxicated (DWI) is considered to be a Misdemeanor. This law is covered in the New York Vehicle and Traffic Law, Section 1192. This section defines a DWI as any person driving while under the influence of alcohol with a blood alcohol concentration (BAC) of .08% or higher. If you have been arrested for a DWI, it is very important to contact a New York DWI Lawyer.

The New York Vehicle and Traffic Law, Section 1192.1 through 1192.4 cover some of the general criteria of what constitutes a DWI in the State of New York. It is important to remember that there are various ways that someone can be charged with a DWI. The amount of alcohol consumed is a factor as well as the time frame within which it was consumed. The general rule of thumb is that a person can metabolize one drink per hour. Body weight and sex also figure into this equation.

If you have been arrested of a DWI or a DWAI (Driving While Ability Impaired) for first time offenders some of the Sentencing guidelines are set forth below.

In New York, the crime of Endangering the Welfare of a Child is taken very seriously. Few crimes will cause concern and get the immediate attention of Criminal Court authorities more than this allegation. A New York Endangering the Welfare of a Child Defense Lawyer can explain that this crime is taken so seriously because of the perception that a child cannot help themselves, and are unable to seek help if they need it. If a child is not receiving adequate care, there are substantial ramifications for the parents or caregivers. Some of the immediate issues that will be explored by the New York Court and District Attorney’s office relate to who the parents are, what the relationship is between the caregiver and the child, and what was the injury to the child. If you are embroiled in a case involving Endangering the Welfare of a Child, it is imperative that you contact a New York Endangering the Welfare of a Child Defense Lawyer right away. These cases are pursued vigorously by the District Attorney’s office and have can have a significant impact on not only your future, but that of the child.

Depending on the particular circumstances of your case, this matter can be pursued not only by the District Attorney, but the Criminal Court as well. For instance, if a child has suffered excessive corporal punishment, the parent could be charged with Assault in the 2nd degree, which is a Felony. This would be in addition to charge of Endangering the Welfare of a Child, which is a Misdemeanor. Additionally, this type of charge can result in an Order of Protection, which will prevent the defendant from interacting with the child. Failure to adhere to an Order of Protection can result in an Arrest, and additional charges being levied against the defendant, such as Criminal Contempt.

Your New York Endangering the Welfare of a Child Defense Lawyer will also explain to you that the sentences imposed for these violations can be considerable. The criminal sentences that can be imposed can include fines, jail time, counseling, probation and counseling. Civil penalties can also be included. It is possible that the parent or caregiver could lose custody and/or visitation with the child altogether. It is possible that your name could also be entered on the Central Register of Child Abuse and Maltreatment, which is statewide and a matter of public record.

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A New York Drug Possession Lawyer will tell you that New York City is a major drug traffic center. Due to the city’s sheer size and large multinational population, New York has become a major hub for illegal drug trafficking activities. If you have been arrested for a Drug Crime, contact a New York Drug Possession Lawyer today.

New York State and Federal officials frequently focus on the Mexican and Columbia Drug Cartels, as they are major distributors for illegal drugs. Cocaine will often be shipped into New York City through various methods, including truck, boat and even the U.S. Postal Service. Tons of cocaine is brought in the country every year. As a means to obtain the higher level drug traffickers, the police will often arrest street dealers in order to obtain information leading to arrests of larger importers. It is clear that the US Attorney as well as Federal law enforcement are aggressively pursuing these cases; between 2000-2007 NYC reported and average of 200,000 Misdemeanor drug arrests and 30,000 Felony arrests every year. The drugs that are most common on the street include cocaine, marijuana, heroine, LSD, ecstasy, Khat and even steroids. Legal

drugs such as oxycontin are also abused and sold on street, sometimes by writing fraudulent prescriptions. The vast majority of these arrests result in the offender receiving a criminal conviction and ending up in jail.

Most people who experience Driver’s License Suspension are often surprised. Sometimes the first they learn of this problem is when they are arrested. Unfortunately, ignorance of this fact is not a defense. Pursuant to New York Vehicle and Traffic Law, Section 511, if your license is suspended (depending on the circumstances and how many there are) it is possible that you could be charged with a Felony. This crime can happen rather simply; if you have received a moving violation ticket and either do not respond appropriately, and/or fail to go to court when required, or you do not to pay a fine, your license can be suspended. If this scenario has happened to you, call a New York Drivers License Suspension Lawyer. You will require guidance and legal advice to straighten out your legal affairs and ultimately, protect your rights.

This problem can arise fairly easily for the above referenced reasons; however, it is important to remember that commonly the DMV will mail you a letter notifying you that your license is in danger of being revoked. Commonly when people get into to trouble it is because they have moved and do not notify the DMV of the address change. When you do not receive this important notification, and consequently fail to take any appropriate action, your license will be suspended. Often the first you will hear of it is when you are facing an unexpected arrest due to a minor traffic stop. Your Traffic Attorney will be able to explain to you that regardless of why your license actually went into suspension, not being aware of this situation will not help you in terms of a defense strategy.

The District Attorney will look at the number of suspensions to determine what charge you will receive. As an example, if you receive four traffic citations and fail to address them, each ticket counts as a suspension. These four suspensions cannot be lifted until each and every ticket is dealt with, preferably with the assistance of a Staten Island Criminal Lawyer. Additionally, a total of four suspensions will grant you a Misdemeanor charge, which is punishable by incarceration. Be advised that if you have a total of ten suspensions you will be charged with a Felony. Another popular way to receive this violation is to obtain 11 points (or more) for moving violations on your driving record (within an 18 month period). If you know you have acquired 11 points or more, it is important that you call a New York Traffic Lawyer to help you fight this matter.

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One of the most common crimes in New York is Domestic Violence. This category of crime is so common in fact, that the New York court system has courtrooms specially set aside just for these types of cases. The courts have merged the New York Criminal Court and the Family Court to properly handle the caseload. It is interesting to note that technically, there is not crime of Domestic Violence per se, but rather a collection of offenses that constitute this crime, committed within the context of a family or blood relationship, or having a child in common. Some of the crimes may include Assault, Rape, stalking, Sexual Abuse or other Sex Crime, kidnapping, harassment and even Murder. If you are involved in a Domestic Violence conflict, call a New York Domestic Violence Lawyer as soon as possible. Obtaining legal advice is the best way to successfully navigate your way though the legal system and obtain the best result possible.

Because of the volume of cases in this area of law, the New York has created what is called an IDV, or Integrated Domestic Violence Courtroom, which serves to combine criminal punishments with newer case management programs such as anger management, counseling and parenting classes. The creation of the IDV program is to address the criminal court and family court overlap, and specifically address matters such as protection orders, custody and visitation issues, among others. It is helpful for all parties involved that the case be handled in one courtroom, by one judge, to better serve the parties involved and eliminate potential bureaucratic snafus.

When you contact your New York Domestic Violence Lawyer, the will work with the Judge and the District Attorney to discourage conventional and perhaps harsh methods of criminal punishment and defend you innocence. A Queens Criminal Lawyer will serve to defend you against any charges of Assault, sexual abuse, endangering the welfare of a child, or even Murder

Criminal Trespass is defined as a person knowingly entering a property without the permission of the property owner. There are factors in a particular Criminal Trespass case that a District Attorney will investigate such as the reason the individual entered the property, and did the individual use a weapon. It will be the job of your New York Criminal Trespass Lawyer to defend your rights and argue with the District Attorney about the details of your particular case. If you have been charged, you know that Criminal Trespass can range from a Misdemeanor to a Felony. Depending on what you are actually charged with, your punishment can range from 90 days to up to a year in jail for a Misdemeanor, and if you are found guilty of a Felony, your sentence can amount to anything over a year in prison. It is important to have the knowledge and experience of a qualified New York Criminal Lawyer on your side.

The charge of Criminal Trespass can also overlap with other crimes, and is also a subset of a Burglary charge. In a Burglary, a person unlawfully enters a premises with the intent to commit a crime within. If you are charged with a Burglary crime, you should contact a New York Burglary Lawyer without delay. A charge of Burglary, depending on what degree you are charged with, can greatly increase your punishment if you are found guilty.

The more serious your Criminal Trespass charges are, the more important it is to seek the guidance of a NYC Criminal Lawyer. Whether you have been charged with a violation of Criminal Trespass in the 1st degree, or charged with the Felony of Criminal Trespass in the first degree, it is advisable that you have the guidance of a qualified New York Criminal Trespass Lawyer.

Interestingly, there is no actual provision in the penal code called “vandalism.” The term is used frequently however, usually referring to the act of destroying or defacing another’s property. This crime is called Criminal Mischief. There are 4 different levels of this crime, with the least severe being Criminal Mischief in the 4th degree (a Misdemeanor). This crime deals with property damage that does not exceed $250.00. This type of vandalism is often seen as the painting of graffiti on buildings, for instance. It is punishable by up to one year in jail, as well as fines, probation and community service. The next level up is Criminal Mischief in the 3d degree, which is a Felony. A Felony is punishable by over one year or more in prison. This level of crime deals with property damage up to $1,500.00. Criminal Mischief in the 2nd degree covers property damage over $1,500. and is classified as a D Felony. Lastly, Criminal Mischief in the 1st degree is a B Felony, and pertains to property that has been damaged by explosives. A New York Criminal Mischief Lawyer will explain to you that these charges and punishments can be quite serious. It is highly recommended that you seek legal guidance of a New York Criminal Lawyer to handle your case.

Criminal Mischief can come in many forms; one that is quite common is “road rage.” Road rage is where one driver gets into a heated argument with another over their driving practices. Things escalate, and before you know it one party kicks or otherwise damages another’s car. The person who damaged the car will likely be arrested by New York Police. When the police officer shows up, he will be making the judgment call as to the level of damage to the car, which in turns effects which level of Criminal Mischief the defendant will be charged with. This leaves a lot of discretion in the hands of the police, and it can seriously impact what you are charged with (based on the perceived monetary damage to the car). It is also problematic that the District Attorney does not make a habit of questioning the damage estimates that are submitted by the complainant. This again, is left open to a lot of speculation, which can have an adverse impact on your case. Additionally, these cases often include overlapping charges particularly if the exchange between the parties became physical, such as Assault, Possession of a Small Weapon and even Murder or Manslaughter.

If you have been charged with Criminal Mischief and are tackling a case brought against you in the New York Criminal Court system, it is important that you know your rights and have the support of a New York City Criminal Lawyer working on your behalf

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If you are arrested and taken into custody, the issue of setting bail will be addressed at your Arraignment. This is of course unless you are released on your “own recognizance,” in which case no bail will be posted and you will be released. A bail reduction would be called for if for some reason, there has been a change in circumstances.The purpose of bail is that the court wants to ensure that you will return to court after your Arraignment for further court proceedings. Failure to return will not only result in a forfeiture of your bail, but also a Bench Warrant for your Arrest. The crime for which bail will be posted varies greatly, a Misdemeanor, DWI, Sex Crime or Drug Possession charges could all result in the judge posted bail. Perhaps you are dealing with a White Collar Crime, such as Mail Fraud, Securities Fraud or Bank Fraud. If you have received a Desk Appearance Ticket, your process will be slightly different since you were not taken into custody at the time of your Arrest, however it is still vitally important that you attend your Arraignment hearing.

It is important to be aware that the Criminal Court judge has a substantial degree of discretion in whether he/sets bail and how much. This is why it is so very important to be accompanied by a New York Criminal Lawyer at your Arraignment. The judge will be looking at aspects of your case, such as the crime you are accused of, and the dangerous or violent nature of the offense. The judge will also determine if you are considered a “flight risk,” if you are likely to return to court for your proceedings in the future or not. In order to determine this, the judge will take things into consideration such as your prior criminal record, whether you are employed, and for how long, as well if you own your own home, and if you have a substantial presence of friends and family in the area. It will be the job of your Long Island Criminal Lawyer to convince the judge to either release you without any bail being posted (“OR”) or setting the smallest amount feasible under the circumstances. Once bail is posted it will be up to your friends and family to post bail for you. Most commonly, a Bail Bondsman will be used.

If something has occurred regarding your case, your New York Bail Reduction Lawyer will make an application to court and present the new circumstances or facts to the court, in an effort to get your bail reduced. If the court finds that there has in fact been a substantial change in circumstances, the judge may reduce or even eliminate your bail.

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If you have recently experienced an arrest or received a Desk Appearance Ticket (DAT) for an Assault, you may be wondering where you stand legally. Assault is generally defined as someone causing intentional physical injury to someone else. Assault can range in severity, depending on how badly the victim was injured, and what type of weapon was used in the confrontation. An Assault is classified by degree, some of which are considered a misdemeanor, and some are considered a felony. An assault accusation may also be part of another offense, such as the case with a Sex Crime, Domestic Violence, or included as part of a Drug Crime or Petite Larceny violation. If you have been accused of Assault and perhaps are awaiting your Arraignment for these charges, it is wise to consult with a New York Assault Lawyer to determine where you stand legally, and formulate a plan to best handle your situation. It is important to note that if you have received a Desk Appearance Ticket as a result of an Assault charge, you must attend your Arraignment or a Bench Warrant can be issued for your arrest.

In New York Criminal Court Assault is categorized by degrees. Assault in the 1st degree is the most serious, and is considered to be as severe as an attempted murder charge (and is a felony). Assault in the 2nd degree is considered a felony as well. Your New York Criminal Lawyer can explain to you that a felony is punishable by one year or more in prison, while a misdemeanor is punishable by anything less than a year in jail. Assault in the 3d degree is considered a misdemeanor, and requires that there was intent to cause bodily injury to another person, and an injury did occur.

If you have been charged with any of the above degrees of Assault, it will be up to the New York District Attorney to prove that the crime was committed. As Assault charge can be serious, it is important that you avail yourself of a Manhattan Criminal Lawyer who can help plan a solid defense for you.

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In New York, Arson is considered a serious offense. This is partially due to the unpredictable nature of the crime, which can cause substantial damage to property and physical injury. In New York, there are five degrees of Arson.

Arson is generally defined as willfully and maliciously setting fire to property or a structure without the consent of the owner. The degrees of arson are categorized by what type of property was set on fire, if there was any risk or injury to people, and the different types of fire that are set.

A New York Arson Lawyer will explain to you that the New York Criminal Court and the District Attorney have traditionally had a strong reaction to arson cases, because of the dangerous nature of the offense. Your bail may be higher for this offense than for other offenses such as Assault, Petite Larceny or DWI. Because of this, it is extremely important that a defendant accused of an arson offense obtain the advice and counsel of the qualified New York Arson Lawyer prior to your Arraignment. A qualified lawyer can help you to navigate through the potentially complicated legal situation at hand.

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