Rochester Criminal Defense Blog

Teens face allegations of juvenile crimes after attack on man

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Thursday, April 4, 2019.

In Rochester and throughout New York State, it is not unusual for teens to be arrested and find themselves facing allegations of criminal wrongdoing. In some cases, they are caught up in an incident and are wrongfully accused. In others, they might have made a mistake. Regardless of the circumstances, an arrest - even if it is for juvenile crimes and the alleged perpetrators are under 18 - can have long-term consequences on the person's life. In these cases, it is important for them and their parents to understand the critical nature of having a strong legal defense.

A 31-year-old man was attacked, beaten and robbed by a group of teens. He was outside a restaurant area at around 5 p.m. when the attack occurred. Law enforcement was called and saw the teens assaulting the man. A chase ensued and six were arrested. Two 17-year-olds were charged with robbery in the first and second-degree, and attempted gang assault in the first degree. These are felony charges. The others are also charged with these violations. If the number of assailants comes to two or more, it is a gang assault. The man's injuries were minor. One teen had a gun, but it was found to be fake. The investigation is continuing.

Man arrested on DWI charges and other allegations in New York

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, March 28, 2019.

Drunk driving charges carry with them harsh potential consequences in New York. This is true if it is a first offense and the only allegation is that the driver was under the influence. If there were prior convictions and other alleged violations, the charges can rise to felony DWI. It is important to note, however, that past convictions do not necessarily mean a person is guilty if he or she is arrested on new charges. It is always smart to contact a qualified DWI attorney to plan a defense to combat the allegations.

A 24-year-old man was arrested for felony DWI after a traffic stop. He is alleged to have been operating the vehicle in a reckless manner along with the DWI. He was also driving with a suspended license. Law enforcement was called when there was a report of the driver's behavior. The deputy spotted the vehicle and stopped it. The driver was given field sobriety tests and arrested. When he was brought to the headquarters, he refused to submit to a breath test. When his records were checked, he was found to have been previously convicted of aggravated DWI four years ago. That raised this charge to a felony. He faces multiple charges related to the arrest.

St. Patrick's Day checkpoints in New York search for DWI drivers

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, March 21, 2019.

During any holiday, New York State law enforcement will actively seek drivers who exhibit signs of being under the influence. In some cases, they will be patrolling and make traffic stops. In others, there will be drunk driving "checkpoints" where officers are stationed and will stop vehicles to see if the driver is under the influence even if there were no indications that a DWI is taking place. One holiday that is known for its use of alcohol is St. Patrick's Day. Every year, people will make the mistake of driving after drinking and be arrested. In some cases, the charges are unfair or the evidence is not sufficient to secure a conviction. No matter the circumstances, drivers must have a legal defense to avoid the worst penalties.

State and local law enforcement set up checkpoints to seek out drivers who might be under the influence during St. Patrick's Day. It extended for the entire weekend of the celebration. In addition, more officers will be on patrol. Also on their radar are those drinking underage and those selling alcohol to those too young to legally drink. It is not just DWI that law enforcement is cracking down on with this series of actions. Distracted drivers will be cited for violations too.

DWI coordinator in Upstate New York faces DWI charges

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, March 14, 2019.

Anyone can face charges for driving while intoxicated in Upstate New York. Often, these allegations extend to other charges that can significantly enhance the penalties depending on what the officer claims to have found during the investigation. In some cases, the person arrested works in a job where their duties include handling DWI cases and preventing drivers from doing damage when committing the act. In any case, the penalties for a conviction can have personal and professional implications. Having a competent legal defense is a must.

A 61-year-old man who works as a coordinator to stop drivers who are under the influence in his county was arrested on multiple charges related to DWI charges and possession of drugs. A deputy pulled the man's vehicle over because of a seatbelt violation. The driver was also using his cellphone while driving. When the deputy investigated, cocaine was found in the vehicle. The man was placed under arrest for driving under the influence of drugs and other traffic violations. He was dismissed from his job as soon as his employer was notified of the arrest. The investigation is continuing.

What is disorderly conduct in New York?

On the behalf of The Law Office of James L. Riotto on Friday, March 8, 2019.

Sometimes gatherings, events and protests can get out of hand. Whether you are simply hanging out with a few friends or attending a massive community event, the police may arrest you or someone you know for disorderly conduct. In order to commit disorderly conduct, you must intentionally annoy, disturb or inconvenience the public.

But it can be a little confusing to understand exactly what constitutes disorderly conduct in New York. Plus, the state has additional laws that cover similar behaviors. Here is a look at crimes against the public according to New York laws.

Juvenile crimes in Rochester require experienced legal defense

On the behalf of The Law Office of James L. Riotto posted in Criminal Defense on Thursday, March 7, 2019.

Many adult Rochester residents have memories of things they did when they were juveniles and think themselves lucky for not getting caught during the potential mistakes they made as any issue with the law can negatively impact a person's future. There is no doubt that an act as a juvenile could be classified as a youthful mistake. Some of these acts, however, can lead to a violation of criminal law and the person will be charged with juvenile crimes. These allegations can fall into a variety of categories, but two of the most common charges juveniles will face are alcohol or drug-related. Having legal defense from a law firm that has helped many who were charged with juvenile violations is key.

For people under 21, it is illegal to drink alcohol. Underage drinking is relatively common. That does not make it legal and people will be arrested for it. Driving while under the influence and underage is worse. When a person 21 and older has a blood-alcohol content of .08 or higher, they are considered under the influence. It is different for those under 21. For them, it is .02. When driving after consuming alcohol, a juvenile can face a variety of penalties if there is a conviction. When the BAC is .05 to .07, the driver's license can be suspended for a minimum of one year. If there is a repeat conviction, it can be longer.

Upstate New York school principal arrested on DWI charges

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, February 28, 2019.

When Upstate New Yorkers are arrested for driving while intoxicated, the first thing that will come to mind is the potential consequences they will face if there is a conviction. The legal problems can be significant and result in lost driving privileges, jail time, fines and more. However, a too-often forgotten aspect of DWI charges is how it can negatively impact their personal and professional life. With many jobs and attempted endeavors, a conviction for DWI can hinder the person's ability to be hired, accepted to a school and more. Considering the arrest in that context, it becomes even more important to take every possible step to achieve a favorable result in the case.

An elementary school principle was arrested for DWI. The female driver, 40, was seen by law enforcement shortly before midnight driving her vehicle without its lights on. The vehicle was heading north and drifted into a different lane on the road. The officers stopped the vehicle and investigated. The woman was given a field sobriety test and failed.

Teen driver faces speeding and DWI charges in Rochester

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, February 21, 2019.

When young people in Rochester first get their driver license, they are prone to make mistakes that they do not realize will have potential consequences that can cause problems for their entire lives. This can include driving under the influence of alcohol or drugs, speeding, being reckless, distracted driving and more. When law enforcement stops these drivers and there is an arrest, the right legal defense strategy can mean the difference between the worst penalties and a relatively successful resolution with a plea bargain or an outright acquittal. For those who are dealing with these allegations, having a qualified attorney is a must.

An 18-year-old man was arrested on multiple charges after a traffic stop. The incident occurred after law enforcement saw an SUV that was allegedly well beyond the 55-mph speed limit. Officers said the driver was going 90-mph. After they stopped the vehicle, they stated they smelled alcohol and marijuana emanating from it. The driver was given field sobriety tests and did poorly. He was placed under arrest and later given a test to determine his blood-alcohol content. He registered 0.12 percent, above the legal limit of 0.08 percent. He was charged with DWI, aggravated driving without a license, possession of marijuana and other traffic offenses.

Bus driver arrested for DWI charges on the job

On the behalf of The Law Office of James L. Riotto posted in Drunk Driving on Thursday, February 14, 2019.

Being arrested for drunk driving in Rochester can spark serious problems in a person's life if they are convicted. This is made worse if the allegations are made when they are working. If they are placing people in danger while they are on the job and allegedly under the influence - especially children and other vulnerable people - they will not only face the legal consequences if there is a conviction, but their jobs can be in jeopardy. When dealing with these allegations, regardless of the circumstances, having legal advice is essential to confront the charges.

A 54-year-old bus driver was arrested for driving a bus while under the influence. There were seven children onboard at the time. The Department of Transportation called law enforcement because of a failed test to determine if workers had been drinking or using drugs. The worker is a vendor under contract. He was subjected to a random test, which the employer does intermittently. It found that the man had a blood-alcohol content that surpassed the legal limit in the state.

How does the traffic violations bureau handle insurance lapses?

On the behalf of The Law Office of James L. Riotto posted in Traffic Violations on Thursday, February 7, 2019.

There are certain fundamental requirements to drive legally in New York State and if they are not adhered to, traffic violations can be assessed. Some are more serious than others, but people who are confronted with the possibility that they will lose their driver's license and face other penalties should be cognizant of the importance of crafting a defense against the allegations and taking the necessary steps to have the charges dismissed. While dealing with the traffic violations bureau is not something that many people believe to be of sufficient seriousness to have a defense lawyer, it is always wise to have legal help to address issues that can negatively impact a person's ability to drive.

One issue that affects many people - often without them realizing it before being stopped and cited - is lapsed insurance. Since it is a foundational need to have insurance when driving in New York, failing to do so for any reason can cause many problems. Lapsed insurance means that the person does not have liability coverage for a vehicle that is registered in the state. This can spark a suspension of driving privileges. For people who drive with lapsed insurance, there can be a citation given or the person can be arrested; the officer might impound the vehicle; or the Department of Motor Vehicles can revoke the vehicle registration and the driver's license.