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NYC DWI defense attorneyIf you are pulled over by a law enforcement officer under suspicion of driving while intoxicated (DWI) or any other traffic violation, you are protected by certain constitutional rights. For example, you are not required to consent to a search of your vehicle if the officer does not have a warrant, and you are not required to answer an officer's questions in a way that could implicate you or be used against you in a legal proceeding. However, under New York’s implied consent law, you are required to submit to an officer’s request for you to undergo a blood alcohol concentration (BAC) test, or else face consequences related to your driver’s license.

Understanding Implied Consent in New York

In the State of New York, drivers are considered to have given “implied consent” to a chemical test in the event that they are arrested for DWI. Often, this testing consists of an initial breath test in the field, and it may be followed by an additional test of the driver’s blood, urine, or saliva once the driver is brought to a police station. Under New York law, the legal BAC limit is 0.08 in most circumstances, and a test result above this number can be used as evidence in support of a DWI conviction.

You may think that refusing a chemical test will prevent an officer from obtaining the evidence necessary to place you under arrest, but this is not necessarily the case. If, upon observing your behavior, the officer has a reasonable suspicion that you are under the influence of alcohol, you may still be arrested even without BAC test results.

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NYC weapons possession defense attorneyIn the State of New York, the illegal possession of firearms and many other types of weapons can result in serious criminal charges. If a law enforcement officer finds an illegal weapon on your person or your property, you could face fines, imprisonment, and other consequences that could affect you for the rest of your life, especially if you have a prior criminal record. A criminal defense attorney can help you fight the charges you are facing, and one possible defense depending on the circumstances is a demonstration of transitory possession of the weapon.

Criminal Weapons Offenses in New York

Some of the types of weapons that can result in criminal charges in New York if possessed illegally include:

  • Handguns: The possession of pistols and other types of handguns is illegal throughout the state without the required permit, license, and registration.

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NYC domestic violence defense lawyerSince March 2020, stay-at-home orders in New York and throughout the United States and the rest of the world due to the COVID-19 pandemic have meant that many families are spending more time in close proximity to each other than ever before. Unfortunately, many experts report that along with this increased togetherness has come an increase in reported cases of domestic violence. If you have been accused of domestic abuse during this difficult time, you need an attorney who can help you understand and protect your rights.

Why Are COVID-19 and Domestic Violence Connected?

Domestic violence is a widespread problem even under normal circumstances, with the Centers for Disease Control reporting that 1 in 4 women, 1 in 10 men, and 1 in 7 children have been victims at some point in their lives. Stay-at-home orders and other aspects of the COVID-19 pandemic have exacerbated many of the factors that often lead to domestic violence, including economic anxiety related to unemployment, as well as stress, depression, and other mental health challenges. Those who experience abuse may also have fewer safe places to escape to during the pandemic, and some experts suggest that domestic violence is even more widespread than we know, as victims may struggle to find a way to seek help without their abusers interfering.

Defense Against Domestic Abuse Charges in New York

Domestic violence is certainly a problem during this time, but even as reports increase, it is important to note that not all alleged abusers are guilty of the accusations they face. If you have been charged with harassment, assault, or other crimes related to domestic violence, an experienced criminal defense attorney can work to ensure your fair treatment in court and the New York criminal justice system. Depending on the situation, we can help you build a defense based on an argument that the allegations against you lack sufficient evidence, or that you were acting in self-defense.

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New York City DWI defense attorneyWhile the term “driving while intoxicated” seems to imply that offenders can only be arrested when they are driving, the definition of the offense under New York law is actually slightly broader. State statutes specifically declare that “no person shall operate a motor vehicle while in an intoxicated condition,” which means there is a possibility of facing charges in certain situations other than when you are actively driving. With this technicality in mind, it is especially important that you understand your rights if you are arrested and the possible penalties you may face if you are convicted.

What Does it Mean to Operate a Motor Vehicle?

As you might expect, operating a vehicle includes any situation in which you are behind the wheel while the vehicle is moving. An intoxicated driver in motion poses a clear threat to other drivers on the road, and a law enforcement officer can pull over and arrest a driver with probable cause to believe that he or she is intoxicated. The officer may also ask the driver to submit to a chemical test to measure blood alcohol concentration, and a result of 0.08 or higher can be used as evidence to prosecute DWI charges.

However, you may also be arrested for DWI while sitting in the driver’s seat of a parked car while the engine is running. Law enforcement officers and prosecutors may see this as a sign of your intent to drive while intoxicated, or possibly as evidence that you have driven while intoxicated if you are found at a location that is a significant distance from your home or the place where you were drinking.

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New York City criminal defense attorney weapons charges

New York has many laws that influence who and how someone may possess a firearm. If you plan on owning a gun, you should familiarize yourself with the State’s regulations and restrictions to avoid the charges associated with unlawful use or possession of a weapon. Whether or not the firearm is loaded can impact the criminal charges you can face as a gun owner. If you have questions regarding gun possession or you face charges for violating New York State’s gun laws, it is important to speak with a criminal defense attorney who has a thorough understanding of New York’s weapons laws and how to defend against these serious charges.

New York Gun Law Definitions

According to the New York State Penal Law, Section 265, a “loaded firearm means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.” For example, if an individual has an unloaded firearm in one of their pants pockets and also has possession of the ammunition in the other pocket, under New York Law, the firearm may be considered loaded. 

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