Rochester Criminal Defense Blog

Financial aid impacted by a drug charge conviction

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Thursday, May 17, 2018.

The consequences that could befall a criminal defendant can be harsh, especially when a person is young and just starting his or her life. When charged with a drug crime, young adult not only endure the criminal penalties associated with the crime, but they could also experience consequences that could impede his or her goal of obtaining a higher education.

A criminal conviction of a drug charge could impact a person's ability to obtain financial aid for college. According to the Department of Education, students with a criminal conviction on their record have limited eligibility for federal student aid. For those currently incarcerated in a federal or state institution, this means they have no ability to obtain a federal Pell Grant or federal student loans. It is possible, however, to get a Federal Supplemental Educational Opportunity Grant or FSEOG or a Federal Work Study or FWS, although one probably will not receive these because priority is given to those also receiving a Pell Grant and the logistics of performing a FWS while incarcerated will be difficult.

Why you don't want to have your licence suspended

On the behalf of The Law Office of James L. Riotto on Monday, May 14, 2018.

Are you facing the possibility of having your driving license suspended? It may not seem like a big deal to drive without a license. However, it could affect your freedom and the ability to regain your legal driving privileges.

There are all sorts of reasons people end up losing their driving privileges, such as too many traffic tickets, unpaid parking citations, DUIs and more. There are a number of ways that driving with a suspended license can affect you.

Penalties for multiple drunk driving offenses

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Friday, May 11, 2018.

For most New York residents, consuming alcohol is an occasional habit. Having a drink or two with fiend or colleagues is a great way to unwind. However, when consumption increases and an individual decided to get behind the wheel of a vehicle, this can present issues. Even when a driver believes they are still able to drive a vehicle safely, this does not mean they are under the legal limit to operate a motor vehicle. If law enforcement stops a driver while they are under the influence of alcohol, he or she could face a drunk driving charge.

Based on current state laws, those accused of a drunk driving charge in the state of New York could face harsher penalties if he or she has previously been convicted of a DWI. For example, when a motorist has two drunk driving convictions, he or she will no be able to obtain their license back until the statutory minimum revocation period has passed.

New York judge requested for removal after DWI

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Wednesday, May 2, 2018.

No one is immune from criminal charges. This means that individuals from all walks of life could be accused of committing a crime. Whether the charges are minor or severe, it is possible to even have criminal allegations harm the personal and professional reputation. And when motorists are pulled over for a suspected drunk driving, it is vital that they take the matter seriously, as a DWI conviction could result in harsh penalties.

According to recent reports, a Rochester City Court Judge may be removed from office following a DWI charge. In fact, reports indicate that the female judge has had a string of unruly behavior over the past few years. In 2016, the judge was arrested for a DWI. Following this arrest, she supposedly failed to comply with the orders by going on a trip to Thailand.

Understanding prostitution laws and criminal charges

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Friday, April 27, 2018.

There is a wide variety of professions people in New York and elsewhere can take on. While these positions are likely legal and legitimate, others can fall into a gray area. However, some professions are known to be illegal, meaning individuals could face criminal penalties for engaging in them. Prostitution, which is known as the oldest profession, is one that can take on many forms. Whether one is considers a streetwalker, works at a brothel, is a call girl or works for an escort service, the reality is that these acts are criminal and could result in serious criminal consequences.

Prostitution laws state that is illegal to offer, agree to or engage in a sexual act for compensation. In all states but Nevada, this conduct is criminal. When looking at a prostitution act, there are many phases. This means that various people could face charges in this situation. A transaction for prostitution could punish the provider of the service, the customer paying for the service and the middleman in the matter, which would be the pimp.

Can you appeal your New York drunk driving conviction?

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Tuesday, April 24, 2018.

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Were you convicted of drunk or drugged driving in New York? If you were, you may already be dealing with a license suspension or revocation. These penalties -- and others -- can affect your ability to earn a living or to live your life in the way you want to.

Depending on the circumstances of your case, you may have been convicted of a misdemeanor or a felony, such as:

Two arrested for drug charges following traffic stop

On the behalf of The Law Office of James L. Riotto posted in Drug Crimes on Friday, April 20, 2018.

A traffic stop is already a frustrating experience. No one wants to be pulled over by law enforcement, and no one enjoys it when it happens. While traffic violations happen and they can be minor, other traffic stops are more serious. This means that officers suspect that more than speeding or running a stop sign have taken place. If law enforcement officers suspect that another crime has taken place or will take place, this could give rise to a search and seizure and result in the arrest of a much bigger crime or violation.

According to recent reports, two New York men were arrested for drug charges following a traffic stop. Authorities indicated that the traffic stop occurred on Interstate 390 for state vehicle and traffic law violations. During the stop, police claim that one of the two men attempted to flee the scene by running across four lanes of traffic.

What is a 440 motion?

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Friday, April 13, 2018.

Being accused of a crime, even when it is a traffic violation, can cause a person much anxiety. He or she does not want this on their record, and they certainly do not want to live with the consequences that befall upon them. Thus, many defendants seek to avoid penalties through a legal defense. While this is a great way to avoid charges, it is not the only way to clear one's name. It is possible for individuals in New York and elsewhere to vacate a judgment through a specific motion.

What is a 440 motion? This is known as a motion to vacate judgment. A defendant is able to file this motion any time after the entry of judgment. A judgment can be vacated on certain grounds. This could occur is the court did not have jurisdiction of the action or the defendant, the judgment was procured by duress, misrepresentation or fraud on the part of the court or prosecutor, material evidence at trial was false and known to be false by the prosecutor, the defendant was unable to understand the proceedings because of a mental disease or defect and improper or prejudicial conduct not appearing on the record occurred during trial.

Developing a defense against traffic violations

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Wednesday, April 4, 2018.

Whether it is the first time it has happened or not, it is never easy to look at your rearview mirror and see blue and red lights flashing in it. While law enforcement officers are just doing their job, it is tough to get pulled over for a traffic stop. Some motorists may not fully understand why they were stopped, and others might be focused on getting out of a ticket they don't feel they deserve. However, the unfortunate reality is that many people in New York are likely to get a ticket for a traffic violation at some point in their lives.

While traffic tickets are common in New York and other states, this does not mean nothing can be done about them. In fact, traffic violations can be treated like any other criminal charge, meaning a person can assert a defense against them. Because a traffic violation could impact an individual, it is important to not only consider the effects it can have on one's life, but also what defense options are available.

Assault and battery laws in New York

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Friday, March 30, 2018.

Being accused of a crime is a difficult time for accused offenders in New York and elsewhere. Hearing that your have been charged with a crime tends to imply that one must face the penalties of the crime. However, this is not true. It is possible to take on an aggressive defense approach, helping to reduce and even dismiss the charges against them. But the first step in the criminal defense process is for the accused to understand the elements of the crime they face and evidence used against them.

Those facing assault and battery charges in the state of New York should begin their criminal defense process by understanding the laws that surround the alleged crime. While New York law prohibits varying forms and degrees of assault, in order for a defendant to be convicted of these charges, he or she must cause actual injury to another person. Certain factors, however, could increase the severity of the charge and potential penalties. Examples include the severity of the injury, the use of a deadly weapon and the mental status of the defendant.