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:
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.
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.
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.
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.
In society today, it is difficult to get through the day without using a cellphone. Any New Yorker can attest that these devices are not only beneficial but also necessary in many instances. They provide a way to stay connected with others, allowing one to call, message, email or research at a moment's notice.
While this is a valuable piece of technology, it is also something that can pose risks and dangers. One place a cellphone is not useful is when a person is driving. Using a phone while driving is not only risky but opens up a driver to possible consequences.
Criminal charges can stem from a wide variety of events. One common situation that could result in drug crime charges is a traffic stop. During a traffic stop, police are able to see into a vehicle, witness the behaviors of the driver and passengers and question those within the vehicle. This initial investigation could provide officers with reasonable suspicion. By conducting further investigation, officers could reveal that a motorist or passengers were in possession of drugs at the time of the traffic stop.
This is what recently occurred during a traffic stop in New York. According to reports, the traffic stop occurred in Waverly. Details of the traffic stop are not available at this time; however, this traffic stop resulted in the arrest of five individuals. Officers reported that items commonly used for packing illegal drugs were found. The search also revealed a drug kit, a 100 mg morphine sulfate tablet, a hypodermic needle and several glass devices used for smoking.
We all have heard the phrase innocent until proven guilty. While this is the guideline for the American criminal system, defendants often have a different experience. The second criminal allegations are made a defendant could face scrutiny. Just because a person is facing a criminal charge, the public tends to view them as guilty. This can cause harm to a person's personal and professional reputation even before his or her day in court.
The best way to address this situation is to hire legal help. A strong criminal defense can work immediately to reduce these initial hardships, as they could occur regardless of a conviction. If news is being reported on the incident, a legal professional could help control the coverage of the offender and the alleged crime. At the Law Office of James L. Riotto, our experienced legal team is devoted to helping clients in the Rochester area through any and all phases of the criminal defense process.
New York's new criminal record-sealing laws were recently put to the test in Steuben County Court. In a highly unusual turn of events, the Law Office of James L. Riotto convinced a judge to seal two Class B felony conviction records from 2006 for a client:
This is no small feat. New state laws allow our client to begin life anew.
A criminal conviction for any offense can send a ripple of negative effects throughout one's life. For many convicted individuals, this means being slapped with jail or prison time that can rip them from their loved ones, fines that can throw their finances into upheaval, and a mark on their criminal record that can affect their employment and living prospects far into the future. In other words, when accused of a crime, New Yorkers have a lot on the line.
This may be especially true for those who are accused of drug crimes, including those that involve marijuana. Even something like simple possession of marijuana can result in jail time and fines. Those who are convicted of either possessing excessive amounts of drugs or possessing with the intent to distribute could be hit with the harshest of penalties that can send them away for decades.
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Law Office of James L. Riotto
| 30 West Broad Street, Suite 306
| Rochester, NY 14614
| Phone: 585-371-5633
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120 Broadway, 2nd Floor
| Albany, NY 12204
| Phone: 585-371-5633
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