Yes. It is highly recommended that you retain a lawyer to represent you at a refusal hearing. Although this is an administrative hearing and not a criminal proceeding, the consequences on your license are significant. Additionally, this hearing is an early opportunity for a lawyer [...]
These tests, commonly called the standardized field sobriety tests (SFST’s), which include the walk and turn, the horizontal gaze nystagmus, and the one leg stand, are not required by law. While refusal of the PBST (roadside breath test) is a traffic infraction, and refusal [...]
Possibly. If you have no prior conviction for drinking and driving in the past 5 years, you are eligible for a conditional license by participating in the impaired driving program.
Murder is a class A-1 felony, the most serious crime in New York. There are 5 types of Murder in the Second Degree: Intentional and unlawful killing of another person. NY Penal Law §125.25(1). Depraved Indifference Murder, NY Penal Law §125.25(2). This is where you [...]
Felony Murder occurs when committing a felony, attempting to commit a felony, or while running away from just committing one, someone dies. It’s worth noting that a felony murder charge will only result if the person who dies was not a participant in the [...]
In New York State Court, there are various types of Manslaughter charges. Manslaughter is less serious than murder, but still very serious. The main difference between Manslaughter and Murder is the intent of the accused at the commission of the crime.
Aggravated Murder involves special cases where the person who died has some special status as defined by the law. All of these are found under NY Penal Law §125.26. Killing of the following people who have special status would result in an aggravated murder charge: [...]
A person can be charged with Manslaughter in the 1st Degree, in violation of NY Penal Law section 125.20 if the defendant commits one of the following acts: The defendant intends to cause serious physical injury to a person but instead causes that person or [...]
There are over 20 different types of Murder in the First Degree. These are all listed under various subdivisions of New York Penal Law §125.27. The crime of Murder in the 1st Degree can be grouped as follows: Many of the same individuals listed in [...]
Manslaughter in the 1st Degree is a class B felony. If a person is convicted of this offense, the person faces a mandatory prison sentence between 5 and 25 years, post release supervision of between 2 ½ years and 5 years, and a fine of [...]
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