Buffalo Criminal Attorney Blog
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The Supreme Court’s recent decision affirming the President’s absolute immunity from criminal prosecution for conduct within his exclusive sphere of constitutional authority marks a significant moment in American constitutional law. This ruling underscores the unique role of the President and the delicate balance of powers within the federal government. Background The concept of presidential immunity …
Continue reading “Presidential Immunity and the Supreme Court: A Landmark Decision”
What to Expect from a Gun Charges Case If you are facing gun charges, it is important to know the specifics of your situation and be aware of your rights. An experienced gun possession attorney can provide the legal advice necessary to give you peace of mind during this difficult time. Before hiring an attorney …
Breath test machines are accurate with a margin of error of around .01%. In a case where the BAC is barely over the legal limit, it is difficult for a prosecutor to prove beyond a reasonable doubt that a driver was operating a vehicle while over the legal limit. Following proper procedure is critical to …
There are direct costs and indirect costs associated with a DWI/DUI. Direct Costs include attorney fees, court fees and DMV fees. Indirect costs include higher insurance costs, court mandated alcohol counseling and the cost of finding alternate means of transportation. In total, a DWI can cost thousands of dollars.
In New York State a first offense DWI/DUI is generally charged as a misdemeanor with some exceptions. If you have a child in the car, the DWI/DUI charge can be elevated to a felony. For the most part, however, a first offense is charged as a misdemeanor and is usually pled down to a traffic …
I have seen many instances where a individual committing a minor shoplifting offense gets charged with robbery. This usually arises when a store security officer or other store employee attempts to stop the shoplifter and gets hurt in the process. The shoplifter sometimes panics and shoves the employee out of the way. If the employee …
Continue reading “Can a shoplifter be charged with robbery?”
I am licensed to practice law in New York as well as Tennessee. In Tennessee you can get charged for allowing an intoxicated person to drive if you are in the vehicle with them. In New York that is not the law yet. However New York does make it a criminal offense to facilitate aggravated …
Continue reading “Can a passenger get charged with allowing an intoxicated person drive their car?”
The answer is yes if you are on a public road. For instance, you cut your grass and drink a few beers. You then decide to be a nice neighbor and drive down the street to cut you neighbor’s lawn. If you get pulled over on your street, you are subject to the same drinking …
Continue reading “Is it illegal to drink and drive on a lawn mower?”
Often times police will attempt to engage you in conversation to gauge whether or not you are under the influence of alcohol. The truth is that you are only required by law to provide biographical information (name, address, date of birth, etc.). Beyond that, you have a right to decline to answer questions. Keep in …
Continue reading “If I am pulled over by the police, what information do I have to answer?”
The answer is absolutely. If you go to court without an attorney, you will likely receive several points on your driving record. This will result in higher insurance premiums and possibly getting dropped by your insurance company. If the prosecutor allows you to avoid points by going to driving school, you will spend hours of …
Continue reading “Should I hire a lawyer for a traffic ticket”
