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Sayville Criminal Defense Blog

Get a handle on domestic violence this holiday season

It's certainly true that for many, the ho-ho-holidays are less about comfort and joy and more about tension and off-the-charts stress. In fact, experts in the field of domestic violence have discovered that there is a significant uptick of instances of spousal abuse in the waning months of the year, which correspond with the holiday season.

What makes holidays so stressful?

Domestic violence laws in New York - The basics

In New York, a domestic violence charge is a serious offense. Furthermore, both the family court and the criminal court have jurisdiction when it comes to domestic violence, including assault, stalking, and other violent criminal acts that fall under the category. This means that an offender can face charges in both courts at the same time.

In general, domestic violence occurs among members of the same family or household. This includes individuals that are legally or formally married, people who have a child in common, or even a couple that is in an intimate relationship whether or not they are living under the same roof.

Sharing, gifting or selling prescription drugs is a crime

You may think that once a doctor writes you a prescription and you pay the pharmacist for your medication, that you own it. Typically, ownership means you can do what you want with possession. If you decide to give your dresser away for no compensation, that's a kind act. If you choose to sell your unworn, upscale shoes, that's a savvy way to recoup lost expenses.

If you give away or sell prescription medication, however, you are breaking the law.

The opioid epidemic: The facts to know

Opiates are addictive, and as such, they're often limited when given to patients for pain. Some kinds of opiates are completely illegal, like heroin, because of the significant possibility for abuse. Those facing a DUI may be under the influence of drugs or alcohol, so the increasing the availability of drugs could potentially increase the number of DUIs seen across the state.

While it's long been known that opiates are addictive, medical providers often overprescribed them. As a result, the United States now faces an opioid epidemic that each state is attempting to get control over. Heroin is found more regularly on the streets today than before, and overdoses are out of control.

Common defenses against drug possession

Drug possession charges are a very serious matter, regardless of what type of charges a person might receive. In general, drug charge sentences draw many of the strongest sentences a person can receive for a nonviolent crime.

You have some very important decisions to make If you or someone you love faces a drug possession charge. Whether it is for cocaine or prescription drugs or too much of a more natural substance that remains illegal in the State of New York, you could face a variety of sentences, not to mention the strain that a drug conviction places on your day-to-day life.

What penalties come with a first DWI charge in New York?

If you or someone you love will soon face criminal driving while intoxicated (DWI) charges in New York, you may wonder about the penalties. New York does not take kindly to impaired driving and has very strict penalties in place to deter potential offenders. Driving while under the influence of alcohol or drugs, even prescribed medication, could put others on the road at risk. To make roads safer for everyone, New York engages in DWI enforcement efforts, ranging from targeted roadside stops to roadblocks and sobriety checkpoints. Sometimes innocent people end up facing DWI charges.

There are a number of extenuating circumstances that could result in a DWI charge for someone who was not drinking. Certain medical conditions, ranging from a rare disorder to undiagnosed and uncontrolled diabetes could cause an individual to look drunk or even fail a roadside breath test for alcohol. Sometimes, the law enforcement officer who administers the roadside sobriety test and breath test makes mistakes. Breath tests are not infallible, and issues with maintenance or calibration could result in a false positive. When that happens, a person could be unfairly charged with a DWI.

Don't become a shoplifting statistic

It's estimated that there are 27 million shoplifters in the United States. That breaks down to about one out of every 11 individuals. In a recent five-year period, over 10 million people got caught shoplifting.

If you have fallen prey to the temptation to do a little five-finger discount shopping, you may even be one of them.

What penalties come with a first DWI charge in New York?

If you or someone you love will soon face criminal driving while intoxicated (DWI) charges in New York, you may wonder about the penalties. New York does not take kindly to impaired driving and has very strict penalties in place to deter potential offenders. Driving while under the influence of alcohol or drugs, even prescribed medication, could put others on the road at risk. To make roads safer for everyone, New York engages in DWI enforcement efforts, ranging from targeted roadside stops to roadblocks and sobriety checkpoints. Sometimes innocent people end up facing DWI charges.

There are a number of extenuating circumstances that could result in a DWI charge for someone who was not drinking. Certain medical conditions, ranging from a rare disorder to undiagnosed and uncontrolled diabetes could cause an individual to look drunk or even fail a roadside breath test for alcohol. Sometimes, the law enforcement officer who administers the roadside sobriety test and breath test makes mistakes. Breath tests are not infallible, and issues with maintenance or calibration could result in a false positive. When that happens, a person could be unfairly charged with a DWI.

Defense options for a DWI charge

Imagine meeting your friends after work on Friday to start your weekend. You spent a few hours cutting loose, winding down from stressful week. Things took a turn when you were on your way home. As you turned into your neighborhood, you saw red and blue lights flash in your rearview mirror. A short time later, you were in the back of a squad car and on the way to the police station.

Driving while intoxicated (DWI) charges can have lasting effects in many aspects of your life. You might have trouble finding a job or renting a new apartment. If you are a student, you might have issues during the financial aid approval process as well. Fortunately, an experienced attorney in the Sayville area can help you defend yourself against a DWI charge.

When does a DUI become a felony?

In general, driving under the influence (DUI) charges are misdemeanors. However, there are certain circumstances that raise a DUI to a felony. Imagine clocking out on Friday and stopping by your favorite bar to have a drink with your friends. One drink turned into many and an officer pulled you over while you were on your way home. You did not cause an accident, you did not hit anything or anyone, but is it possible that your DUI charge might be upgraded to a felony? As with most legal matters, it depends.

If you have received a DUI charge, it is important to remember that you still have the right to legal counsel and to defend yourself. An experienced criminal lawyer in the Sayville area can help you fight a DUI charge. Read further to find out more about how a misdemeanor becomes a felony.

Suffolk County Defenders Association New York State Defenders Association | Founded 1967 New York State Bar Association Suffolk County Bar Association | NY 1908

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