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When the seriousness of a penalty far outweighs the crime, there is clearly an issue at hand. Such is the case for countless New Yorkers who have been found guilty of larceny; some, unfortunately, have already faced major repercussions. These charges, while reasonable to a degree, can ultimately damage a person’s reputation, professional life and overall wellbeing. For some, the effects of these charges have recently been halted. Independent media outlet openDemocracy shared last week that New York has reduced its jail and prison population by 50 percent — with petit larceny on the list for adjustment within the system. One reason, according to openDemocracy, is that crime rates across the nation have plummeted. Once a hub for crime, New York now prides itself over this progress, and subsequently has debunked the popular idea that reductions in crime are a result of higher incarceration rates. The following small crimes can now result in a required community service project, counselling at a local clinic, assistance with career searches and other help with readjusting into society: Petit larceny Drug possession Trespassing Riding subway with a ticket openDemocracy adds that the punishment for avoiding this process of readjustment is also strict, but that the state is one of many in the hopes that the nation is at the end of a mass incarceration era. Although the state may be on the brink of change, there are some individuals still grappling with larceny charges. Findlaw outlines some common theft defenses, first noting that there are valid defenses even in cases where the facts that led to theft are evident. One defense for this crime is claim of right, in which the defendant establishes that they were the rightful owner of the property. Intoxication is another type of defense, in which an individual argues that intoxication prevented them from intentionally stealing the property. There are other defense options, as each situation may require unique solutions.

Like most people in New York, you are likely aware that a driver who police suspect might be intoxicated could be asked to perform a few actions before being arrested. Some of these tests are called field sobriety tests as they are generally administered in the field at the location where officers first pulled the driver over. However, unlike what many people may think, these tests do not and can in no way prove that a driver is drunk. As explained by FieldSobrietyTests.org, there are three tests approved for use by the National Highway Traffic Safety Administration. Each of the three field sobriety tests must be executed according to very specific instructions as provided by the NHTSA in order to be deemed valid. Because these tests have no objective measurement they are not able to conclusively prove that a person is drunk. Instead, field sobriety tests are used by law enforcement to give them enough support to place a driver under arrest by indicating that the defendant might possibly be drunk. In this way, these tests are akin to providing probable cause for an arrest. Only objective chemical tests uch as those that rely on blood, urine or breath samples can actually be used to determine a driver’s level of actual intoxication. If you would like to learn more about the various tests used during a suspected drunk driving investigation, please feel free to visit the field sobriety test page of our New York drunk driving and criminal defense website.

There is no pleasant way to put it: violence takes place on any street, at any school and within any walls. Because this harsh truth is so common, some New York residents face obstacles when attempting to prove that a crime never happened in the first place. An assault charge can muddy the waters even further, as it can be difficult to separate fact from fiction. Whichever the case, those facing assault charges that have no factual grounding can find the process challenging to navigate. Many different opinions surround false allegations of violence, and an article in Quartz takes a look at what those viewpoints might say about the issue’s bigger picture. How does one differentiate between true and false assault accusations? Quartz unearths statistics from the National Registry of Exonerations to show that, since 1989, 52 cases in which men faced assault charges ended in exoneration after they were found innocent. During that time, 790 people received exonerations for murder charges. The Quartz article also points out that a large majority of those who are the subject of a false assault complaint (such as rape) never learn of the allegations to begin with, as many are dropped. With rape specifically, Quartz ruminates on the number of underage girls who go through an unwanted pregnancy or are out past curfew and lie to parents about an assault — many of these instances end in police reports at parents’ requests. Men Against Abuse Now, an all-male group against violence at Stanford University, provides numerous resources on the myths of false accusations. One resource states that roughly two percent of all rape and other sex charges are ultimately false; this percentage is the same as other felonies. However, MAAN also estimates that only 40 percent of all rape cases reach the police, as many go unreported. In addition, only one in two rape claims result in prosectuion. The tricky aspects of assault charges make it all the more important to deal with such situations promptly and appropriately.

New York is easily known as one of the biggest shopping meccas in the world. Tourists and locals alike flock to its diverse and alluring shopping centers, but with this popularity comes the occasional shoplifting incident. While state laws work to deter shoppers from pocketing products, those found guilty of this crime can sometimes deal with the repercussions to exhausting lengths. Below are some accessible facts about shoplifting, including state laws and common defenses for theft charges. Findlaw lists the basics when it comes to shoplifting charges in the state, pointing out that multiple sides of an incident can often exist. Although theft accusations are serious, prosecutors must prove the crime took place. Otherwise known as larceny in New York, shoplifting can also result in a commercial burglary charge — devices used to disarm security tags, for example, could constitute as evidence of planned theft before entering the store. Penalties range from petit larceny to grand larceny, with fines of up to $5,000 or more depending on incident specifics. The penalties may be steep, but there are a number of options when it comes to making a defense to a shoplifting charge. Those defenses, as Psychology Today highlights in an article on shoplifting, can become complex. Unlike those who cope with addictions to stealing, some shoplift out of a need to support family or were victims of entrapment; others strive to defend shoplifting accustions as a result of one intoxicated night out on the town. Younger crowds may face peer pressure to steal, which Psychology Today notes is highly common. Some might argue that, in cases of poverty, there are alternative resources and programs that offer supplies, but accessing food and other items is not always a simple task. A shoplifting charge may seem an overwhelming mess to untangle, but the key lies in the proof — or lack thereof — that the theft took place.

Everyone knows that sinking feeling in our stomachs when driving down the road and we see police lights in our rearview mirrors. If this happens, it’s safe to assume that you begin to get quite anxious. A traffic ticket is not the most serious crime, but it can definitely have a negative impact on your life. For example, the cost of a fine may be a financial burden that you can’t take on at this time. While paying your fine and moving on is your right, it’s not always the best thing you can do. Here are a few other things you need to know about receiving a traffic ticket: If you receive too many tickets over a short period of time, you could lose your license altogether. You may have the option to attend traffic school as a means of eliminating or reducing fines and other punishments. Every state has a point system that assigns a value to each type of traffic offense. If you receive enough points in a certain timeframe, it can result in a license suspension. Any points on your license can also increase your premium. Can you fight a traffic ticket? Many people who receive a traffic ticket simply pay the fine and move on with their lives. They don’t want to deal with the hassle of fighting the ticket, and would rather put it behind them as quickly as possible. While this sounds like a good idea, it’s not always the right strategy. As noted above, too many points can result in a license suspension. Here’s the question you need to answer: Is fighting a traffic ticket worth the time and aggravation? If you can pay the fine and it won’t have an impact on your record or insurance premium, you may want to do so. Conversely, if you neglect to fight the ticket and it could cause your premium to rise or result in a license suspension, you’ll want to take action. Fighting a traffic ticket is within your rights, but it’s not always easy to win. For this reason, you need to understand your legal rights and the type of strategy that will put you in the best position to succeed.

You may think that so many people in Mineola cite self-defense in response to criminal accusations that such an assertion has lost all validity (and thus no one will believe you when you rightfully claim it). However, the law does indeed recognize that there are situations where conduct that would otherwise be deemed to be assault is justified. Section 35.05 of the New York Penal Code describes such situations as when you need to act to avoid an imminent injury that may come through no fault of your own that is serious enough that, “according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.” While that seems straightforward, you may wonder exactly what situations the law defines as warranting such action. These are stated to include: Defending yourself Defending a third person Defending your home Preventing the theft of your property Preventing criminal mischief to your property However, your ability to claim self-defense is not valid if you were the initial aggressor in a confrontation, or your conduct intentionally provoked your attacker into an altercation. The law also recognizes uses of justifiable force that do not necessarily involve self-defense. These include when you, as a parent, guardian or teacher, use it on one under the age of 21 in your care to promote said person’s welfare and maintain order. Order may also be obtained through force if you work transporting passengers and believe it to be necessary. If you are a doctor, you may use it when providing necessary treatments to patients or restraining patients under the age of 18 (with parental consent). You can also use it to prevent one from committing suicide.

If you or someone you know has been arrested for and charged with a drunk driving offense in New York, you will want to become educated about the legal process involved in a drunk driving arrest and the subsequent defense process. One important thing to know and remember is that like any criminal charge, you are not guilty until proven so. An arrest simply indicates that law enforcement officers believe you might be guilty of a crime. At the scene of a stop, you most likely were asked to perform several tests even before you were asked to provide a blood or breath sample. As explained by FieldSobrietyTests.org, these tests in no way are designed to or even able to prove that you are drunk. Chemical tests are required to provide proof of any intoxication. Instead field sobriety tests are used to support an arrest by providing enough evidence to show that you might be drunk. Of the three tests approved for use by the National Highway Traffic Safety Administration, none of them are completely accurate. The individual accuracy rates range from 65 percent to 77 percent. When all three tests are administered, the combined accuracy rate does increase but still is only 82 percent. Factors such as medical conditions, joint injuries, weight and more may all interfere with your ability to pass these tests. If you would like to learn more about the tests used during a drunk driving investigation stop, please feel free to visit the field sobriety test page of our New York criminal defense and drunk driving defense website.

Many in Mineola may not even consider leaving the scene of accident in which injuries are involved. Yet what about those single-car crashes that only result in property damage? The temptation may be there (especially in accidents where there were no witnesses and that do not render vehicles inoperable) to simply drive away and leave the property owner to guess as to what caused the damage. Given that no one else was hurt by a driver’s actions in such cases, he or she may not classify leaving the scene as a hit-and-run. Unfortunately, that is not how the law sees it. Section 600.1 of the New York’s Vehicle and Traffic Law states that when one is involved in a motor vehicle accident that involves damage to property, he or she must show his or her driver’s license and insurance verification card to the property owner before leaving. On top of that, he or she must also provide the property owner with the following information: Name Address Insurance carrier name Insurance policy number and effective dates If the property owner cannot be found, the driver must give the aforementioned information to a law enforcement officer or officials at the nearest police station as soon as possible. A failure to follow these regulations is considered to be a traffic infraction and could result in a 15-day imprisonment and/or a $250 fine. Authorities treat cases of leaving the scene of an accident very seriously due to the potential expenses such incidents leave property owners having to deal with. The Rocky Mountain Insurance Information Association reports that the average auto liability claim for property damage is $3,231. Drivers might only end up feeling that extra expense in an increase in their insurance rates, which most would agree is preferable to facing the penalties for leaving the scene.

Stalking in New York and across the nation can be a dangerous behavior that is not limited to ex-spouses or former boyfriends and girlfriends. However, the behavior does not always seem dangerous. You may intend to be sweet or romantic by continuing to send gifts or letters to an ex-partner; however, these actions can get you into trouble. New York’s Office for the Prevention of Domestic Violence explains that stalking includes unwelcome interest from someone. The saving grace may be that you do not intend to threaten or harass your ex, which must be part of the formula in determining whether your actions fall under the heading of stalking. You should realize, however, that your ex may find your continued interest creepy, to say the least. The state’s stalking law, enacted in 1999, considers the victim’s state of mind, not the pursuer’s intentions, and whether the behavior can cause a “reasonable fear” in the victim. Whether or not you intended to scare or harass your ex, and whether or not he/she is actually afraid, if your actions are enough to cause fear, then you may be committing a crime under the stalking law. Stalkers are typically males who target female victims, and a prior relationship is not a prerequisite for one’s behavior to qualify as stalking. If you are trying to get the attention of a new colleague and go overboard by repeatedly calling, emailing and otherwise pursing this colleague, your behavior may fall under the definition of stalking. Victims may experience any number of symptoms in reaction to being stalked, including extreme fear, rage, depression and post-traumatic stress disorder. These feelings may cause them to withdraw from others, move, change jobs and keep them on edge throughout the day and night. Because of the ongoing stalking, victims may also begin to mistrust police and the court system. Because stalking can be a terrifying experience for victims, the stalker law covers a broad range of behaviors, from repeated phone calls and unwelcome advances to following, kidnapping, assault and homicide/suicide. Stalking does not have to be a physical action, however. Cyberstalking is also possible, meaning that emails and other tech mediums, such as Pinterest or Instagram, can be used to harass and intimidate victims. While you may think you are showing interest in someone new or want to rekindle a prior romance, remember that your actions may not be interpreted in the way you expect. The easiest way to gauge whether another person welcomes the attention is to just ask them. Then, respect their answer. This general information is provided for your education, and should not be taken as legal advice.

The holiday season is upon us in New York, with all of its yuletide merriment and festive events. For anyone tempted to drive after imbibing a bit too much at a holiday party, a reminder about Leandra’s Law is in order. According to New York’s Department of Motor Vehicles, the statue carries the name of an 11-year-old girl killed in a drunk-driving accident in 2009. She was a passenger in a car driven by the inebriated mother of a friend. Lawmakers responded by passing Leandra’s Law, which brought stiffer penalties for anyone driving under the influence of drugs or alcohol. It includes a mandate that drivers convicted of DWI have an ignition interlock device installed on all vehicles they own or drive. It also requires the restriction to be noted on their driver’s licenses. Along with harsher driving restrictions, the law created a new felony, called an Aggravated DWI/Child in Vehicle. Anyone who drives under the influence with a passenger who is 15 or younger may be charged with this felony. The law carries the same weight and penalty as another for DWI drivers with a blood alcohol content of 0.18 percent or higher. The ignition interlock device is required for at least 12 months, or less with court approval. The device connects to a vehicle’s ignition system and measures the driver’s breath for alcohol content. If the content is unacceptable, the vehicle will not start, effectively enforcing DWI restrictions on the offender. To remove the restriction from your driver’s license, the company, or vendor, responsible for the monitor must give you a form stating that you are no longer required to have the device installed. You can then take the form to the local DMV office and apply for a new ID without the restriction. The DWI information included here is of an educational nature; it is not meant to be legal advice.

It’s Friday and you have had a long week at work. As usual, you drive over to your favorite Mineola watering hole to consume some adult beverages. When happy hour ends, you decide to drive home instead of moving to the next bar with your friends. Unfortunately, your weekend takes a turn when you suddenly see red and blue lights flashing in your rear view mirror. After a field sobriety test, you end up in the back of a squad car and on your way to the police station. You are now facing a driving while intoxicated (DWI) charge. This was not how you had imagined your weekend going. A drunk driving conviction can cost thousands of dollars in court fees and fines, land you in jail and cost you in ways you might barely be able to imagine. For example, a DWI conviction can seriously affect your career. You lose your license As part of normal punitive actions, people who have a DWI conviction generally lose their driver’s licenses. If you cannot drive to work, you could end up losing your job, unless you qualify for a provisional license. However, if you have to drive as part of your profession, as a truck driver for example, your employment may depend on having a clean driving record. A DWI might be a violation of your employment contract. Loss of professional license If you are a doctor, teacher or other state licensed professional, you could lose your license to practice. When you obtain a state license for certain professions, there is often a code of conduct that you must observe. By getting a DWI, you could lose your professional license due to committing an act that discredits you. Problems finding other employment If you do lose your job as a result of your DWI, then you will need to find another one. Unfortunately, this could turn out to be extremely difficult. Most employers require you to disclose any criminal convictions on your record or they do a background check. Without a clean record, you may not be eligible for many jobs in the field you prefer. If you are facing a DWI charge, it is important that you take steps to properly defend yourself and fight back against the charges. By beating the charges, you can avoid the serious consequences that come with a DWI.

Implied consent laws may be a new concept to many Mineola, yet they may be worth understanding in case you are ever in a position where a law enforcement officer asks you to take a sobriety test. Essentially, such laws state that by applying for the privilege of driving, you agree to submit to chemical testing in order to determine whether or not you are under the influence of drugs or alcohol. New York does indeed have such a law, and a refusal of such testing could result in your license automatically being suspended for one year. Such a suspension may still be enforced by the state’s Department of Motor Vehicles even if you are acquitted of the criminal charges leveled against you. Yet what exactly qualifies as chemical testing? Such testing refers to an actual chemical analysis of your blood, breath, urine or saliva. The most common test that you and others may associate with sobriety testing, however, does not fall into this category. Breathalyzer tests are actually referred to as “field tests” or “preliminary alcohol screenings.” They are less reliable at accurately measuring your blood alcohol content, which makes their results inadmissible in court. According to Section 1194(b) of New York’s Vehicle and Traffic Laws, you are only required to submit to field testing if you have been in accident or have violated the state’s laws against drunk driving. The latter point is somewhat tricky, however, in that police are allowed to arrest you if they have reasonable grounds to believe you are driving drunk. The law defines “reasonable grounds” as: Visible behavior indicating you may be drunk An open container in or around your car Any other indicators that give the impression you are impaired If you are arrested, then you must submit to chemical testing.