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Driving under the influence is an issue that continues to plague jurisdictions across the country, especially New York. Even if you have a clean driving and criminal record, the penalties are steep for a first-time DUI offender. You may already know about the consequences of a DUI, but if you get caught operating a vehicle while under the influence with minor passengers, you could face additional criminal charges in addition to a DUI. DUI cases that involve child passengers are more complex and can immediately change lives. Sadly, many parents expose their children to the dangers...

When authorities charge you with a drug-related criminal act, you run the risk of facing serious penalties that may include jail time, hefty fines, substance abuse treatment obligations and more. If your criminal act was not a violent one, but rather, something you did because of your addiction, you may be able to avoid some of these penalties by enrolling in and graduating from a New York drug court. Drug courts involve attorneys, prosecutors, substance abuse professionals and others coming together to collectively help substance abusers beat their addictions. Ultimately, the goal is...

Having authorities stop you on suspicion of drunk driving may prove tremendously harrowing and anxiety-inducing. While you may face criminal penalties as a result of your actions, you should also anticipate considerable financial repercussions. These days, most Americans who receive convictions for drunk driving find that their arrests wind up costing them thousands, if not tens of thousands, of dollars over time. This typically holds true regardless of where you reside geographically. According to BACtrack, a typical New York motorist who received his or her first conviction for driving...

By and large, New Yorkers are most appreciative of the police officers who devote their time to keeping residents safe. There is a flip side however, in that the police sometimes abuse their power. Here are three areas of concern where law enforcement officers may violate the rights of citizens. 1. False arrest False arrest is the most common claim lodged against law enforcement officers. The person initiating the claim will often say that the police violated his or her Fourth Amendment right concerning unreasonable seizure. The question is whether the officer had probable cause to believe a...

Everyone these days seemingly has a smartphone with an integrated camera. Whether you are riding the subway, walking on the street or sitting in your house, you may want to use your phone’s camera to record police activity. Generally, you have a First Amendment right to do so, provided you do not obstruct police activity.  A recording of police activities may be essential to someone’s criminal defense. It may also keep law enforcement officials from violating the law. Nonetheless, officers may not appreciate their actions ending up on a digital recording. Here are three ways...

New York is a hub of activity, and the roads often pay the price in terms of overloading and traffic. An accident is something that can sideline others aside from the crash victims. You may believe you know how to handle the aftermath of an accident. However, you need to watch out for injuries that may lurk below the surface. Familiarize yourself with these three major problems that may start as something much less. 1. Internal bleeding A serious side effect of hitting something hard in the vehicle during a crash is bruising. Those green and black marks indicate bleeding under the skin....

If you have ever watched a police drama on television, you have no doubt heard the warning. With its name coming from a famous U.S. Supreme Court opinion, the warning informs individuals of both their right to remain silent and their right to legal counsel.  The U.S. Constitution confers a variety of rights to individuals. The warning, though, advises criminal suspects of protections that appear the Fifth and Sixth Amendments. Specifically, you have the right to not incriminate yourself and to have a lawyer present during police questioning. Officers must only advise you of your...

With many holidays approaching, expect more parties and more alcoholic beverages, including festive drinks such as hard cider and spiked eggnog. Many people engage in these traditional parts of celebrating. What you cannot do following holiday fun is get behind the wheel after downing alcohol. Of course, it is inconvenient when you have places to go, so how long do you have to wait until it is safe to drive? Rate of metabolism A beginning reference point is a metabolism rate of one drink per hour, says the New York DMV. Therefore, the more drinks you have, the longer it takes for...

Facing criminal charges is a serious matter. Such charges may carry serious penalties, such as large fines and possible incarceration. For those looking to fight criminal charges, the trial process is vital. Also, there are a few pre-trial elements to be aware of. Preliminary hearing As the name indicates, a preliminary hearing is a hearing that occurs before the case goes to a grand jury. It is important to note that this aspect of the trial process is not required; some prosecutors may skip it and proceed straight to the grand jury. However, if the judge does institute...

Let us say that you and your partners operate a family medical practice. There are three physicians and a staff of 12 that includes two people who handle accounts payable and receivable. With Mary and Joe as the focus, your office is currently under investigation for possible healthcare insurance fraud. What should you do? A little background Fraud is a white-collar crime that takes many forms: money laundering, embezzlement, credit card fraud, mail fraud, tax evasion and healthcare fraud, among others. While these are not violent crimes, they cost the public billions of dollars, and the...