Blog Posts in 2013

Defenses to Breath & Blood Tests in New York

When suspected for driving under the influence, you may be required to perform a chemical test. Chemical tests could include a breath test, blood test or urine test. New York has an implied consent law which requires drivers to perform this test if arrested for a DUI . These tests are not fully accurate or reliable; however, and you can build a defense against the results. With the help of an ...

What is Considered 'Assault' in New York?

In the state of New York, assault means that an individual hit, slapped, kicked, pushed or verbally threatened someone else. Misdemeanor assault charges are the most common in NYC, this is also termed assault in the third degree. Generally this involves verbal threats or some sort of touching against their will, the results would be a minor injury or a small threat of violence. Assault in the ...

Drug Possession Penalties in Brooklyn, NY

Drug possession charges are different when it comes to controlled substances and marijuana offenses. In a possession offense, regardless of the type of drug, the prosecutor must prove that there was indeed a drug that the defendant knowingly possessed, unlawfully. In the state of New York, the Penal Code has six different levels of possession charges. For example, there is a first-degree ...

Effect of Government Shutdown on Federal Court Cases in Brooklyn

The Brooklyn Daily Eagle had an article touching on the government shutdown and how Brooklyn is preparing for this. One concern is the federal court cases in session and what will be done with them. Currently, it is thought that the criminal litigation in federal courts in Brooklyn will continue without interruption due to the importance of these matters. Criminal cases affect the safety of ...