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Can I Get A DUI For Taking Benadryl?

New York law does not make a distinction between legal drugs and illegal drugs in DUI charges. The charge is “driving under the influence.” The legality of what is influencing you does not make a difference. This is covered under New York Vehicle and Traffic Law § 1192.4: “No person shall operate a motor vehicle…

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The Wrong Kind of Subway Stop

You’ve been stopped on your subway ride home from work, or perhaps while you are running some errands.  An undercover officer, most likely dressed in plain clothes, has pulled you off the train car and holds you on the platform.  Maybe immediately, or maybe after some time has passed, you’re told that you’re being arrested…

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How to Strengthen Your NYC Criminal Case

Some people make their cases difficult to win long before they ever set eyes on their lawyer. It’s difficult to know what to do when you end up under arrest, especially if you’ve never had a brush with the criminal justice system before. If you can remember a few key principles, you can make it…

crime in NYC stats

Will a Self-Defense Plea Keep You Out of Prison?

In most books and television shows, “self-defense” is sort of the ultimate “get out of jail free” card. It’s a useful device in stories, because it allows writers to send their heroes in with fists swinging without having to worry about pesky little things like legal consequences.   In reality, things are a little tougher.…

CyberFraud

What to Do If You’ve Been Accused of Insurance Fraud

A recent story in Buzzfeed chronicled several alarming tales of individuals who ended up falsely accused of insurance fraud. What did they do to trigger suspicion against them?   They simply filed a claim. And for whatever reason, the insurance company decided the claim appeared fraudulent. They turned it over to local law enforcement and…

Background

What is Criminal Mischief in NYC?

Criminal mischief crimes are crimes against property. Depending on how much damage has been done,  this crime may be treated either as a misdemeanor or as a felony. The damage must be intentional, and the type of property is not relevant, whether a building, a cell phone, a car, or something else.  The damage itself…

arrest

I’ve Been Arrested for Assault – Is This a Misdemeanor or Felony?

You’ve gotten into a physical altercation with another person and now you have been arrested for “assault”. The question many defendants often ask is whether they have been charged with misdemeanor assault or felony assault.  It is an important distinction to understand, as the consequences for both can significantly impact your future. In New York,…

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Can You Go to Jail for Insulting a Police Officer?

If you’ve ever been tempted to call a police officer names, you’re hardly alone. After all, nobody likes getting a ticket, or being accused of a crime. But can insulting a police officer get you into trouble in and of itself? The answer is a solid, “maybe.”   Insults are protected by the First Amendment.…

NYCCriminalCourt

What are the Steps in a Criminal Trial?

Criminal cases do not go straight to trial. They go through a lengthy series of steps which must be completed before the courts can move on to the trial phase. Here’s what the process looks like after you’ve been arrested and charged. Note that you can opt to take a plea, if one is offered,…

PoliceMisconduct

What is The Definition of Police Misconduct in NYC?

Sometimes the police can seem like they’re all-powerful and above reproach. But they are governed by rules and laws like anyone else. And if they break those rules or laws, and are caught,  it can have an impact on the strength of the case against you. You may even be entitled to compensation as a…