Defending A Larceny Charge

DEFENDING A LARCENY CHARGE   Larceny offenses are set forth in New York Penal Law section 155. Larceny offenses are separated by degree which is determined by the amount of monies alleged to have been stolen. The most common offense charged is petit larceny under New York Penal Law section 155.25. This offense involves the… Continue Reading

LOCAL JUSTICE COURTS PART 1

There are numerous justice courts throughout each county in the state. Erie County has various Town and Village Courts. Local justice courts have jurisdiction to hear small claims cases and civil cases where the amount in dispute is under $5000, vehicle and traffic cases, misdemeanor criminal cases, and evictions. Although a local justice court can arraign… Continue Reading

WHEN CAN THE POLICE ENTER YOUR HOME TO CONDUCT A SEARCH

Enjoyment of the sanctity and expectation of privacy in one’s home is perhaps one of the most profound rights we expect.  The home is greatly protected by the Fourth Amendment of the United States Constitution.   Absent a search warrant there are few exceptions to justify law enforcement’s entry into one’s home.  There are, however,… Continue Reading

CONVICTED OF A DRUG OFFENSE, CONSIDER A CPL §160.58 MOTION TO SEAL YOUR RECORD

Drug offenses are among the most common charges and criminal convictions in the criminal justice system. This is because there is a significant amount of the population that suffers from the disease of addiction. Despite the scientific community, medical community, and now the legal community recognizing addiction as a disease, there is still a social… Continue Reading

SNOWMOBILING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

SNOWMOBILING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS There are various laws with respect to operating a snowmobile which must be complied with in New York State. Snowmobile laws include requirements and restrictions regarding operator age, registration requirements, safety requirements, document requirements, and speed and trail restrictions. Perhaps one of the most important laws… Continue Reading

CANADIAN CITIZENS & SPEEDING TICKETS

CANADIAN CITIZENS & SPEEDING TICKETS   Canadian citizens frequently travel the United States for shopping, vacations, visiting family, work, or a variety of other reasons. Because Buffalo shares its border with Canada coupled with Buffalo’s numerous shopping outlets, restaurants, and recreation sites, many Canadians traveled to this area in particular. Traveling from Toronto or other… Continue Reading

THE INITIAL D.W.I. COURT APPEARANCE

  An initial court appearance addresses a variety of issues including receipt of the accusatory instruments, reviewing the accusatory instruments, ascertaining their facial sufficiency, informing a defendant of certain rights, and addressing Bail. Depending on the nature of the charges other issues may also be addressed. For example if the case involves harassment, assault, or… Continue Reading