“Kidnapping” is a word that evokes thoughts of someone being taken off the street and held for ransom. While this is, in fact, a form of kidnapping in the state of New York, many people are surprised to learn this isn't the only way one can be guilty of kidnapping....
Criminal Law
Collateral Consequences to a Criminal Conviction
When someone is convicted of a criminal offense in New York, they face consequences such as jail or prison time, a fine, and, in some cases, probation for a number of years. However, there are also collateral consequences of criminal convictions. Below are just a few...
Real Life Criminal Court Is Different Than Television Dramas
The fact of the matter is, most cases settle before trial. However, some cases do in fact go to trial before a judge or a jury. When this happens, there are a few things you should know before the trial starts. 1. COMMUNICATION CAUTIONS Trials don't happen in real...
Assault in New York State
Assault charges can be very serious. In the state of New York, there are three levels of criminal assault someone may be charged with. The degree of assault is dependent on the facts and circumstances surrounding the alleged incident. These three types of assault...
Self-Defense in New York State
In the State of New York, self-defense can be a defense to certain crimes. While the conduct involved in self-defense, specifically, the use of physical force, would generally be considered an assault, in certain, very specific circumstances, that same conduct is...
Understanding “Physical Control” in the State of New York
Driving while intoxicated, or DWI, makes it illegal to operate a motor vehicle while intoxicated. To be guilty of DWI, the defendant must not only be intoxicated by alcohol, he or she must also be in physical control of the motor vehicle. Physical control of the...
Theft Charges in New York
“Theft” is the lay person's term for “larceny,” which is the term the state of New York uses when referring to most theft crimes. Types of theft covered by the larceny statutes may include the following. Stealing cosmetics from a drug store. Entering a big box store...
Understanding the Sixth Amendment Right to Counsel
The Sixth Amendment to the United States Constitution guarantees, among other things, the right to have the assistance of counsel in the defense of criminal cases. The Fifth Amendment provides people with the right to be free from self-incrimination. The right to an...
Understanding Temporary Orders of Protection in New York Criminal Cases
In New York, if you are charged with certain crimes, the judge may issue a temporary order of protection under New York Criminal Procedure Law § 530.12 while the case is pending. A judge can issue an Order of Protection in almost all cases to protect alleged victims...
Troy Drug Raids Lead to 9 Marijuana Possession Arrests
SWAT teams from across the Capital Region raided a number of homes earlier this month as part of a lengthy drug investigation. The raids resulted in arrests and the seizure of cocaine, cash, surveillance equipment, drug paraphernalia, ad 6.5 pounds of marijuana. FBI,...