Knowingly and unlawfully selling a narcotic drug like cocaine or heroin, a hallucinogen like LSD, methamphetamine, or PCP is charged as Criminal Sale of a Controlled Substance in the Third Degree (NY PL 220.39). Criminal sale of a controlled substance in the third degree is a B Felony charge, which means that conviction results in […]
Daily Archives: June 5, 2015
Prosecutors in Rochester are heavily invested in protecting schools from the use and sale of drugs. If you’ve been charged with Criminal Sale of a Controlled Substance in the Fourth Degree (NY PL 220.34) it means that prosecutors believe they can prove that you sold controlled substances on school grounds or on a school bus. […]
Criminal Sale of a Controlled Substance in the Fifth Degree (NY PL 220.31) is the lowest-graded criminal sale charge available to Rochester prosecutors, but is still a D Felony with a possible sentence of one to two and half years in prison. Knowingly and unlawfully selling a controlled substance, even in small amounts, is all […]
There are a number of factors that go into deciding an appropriate alimony, or spousal maintenance, award as part of your divorce in Rochester. The length of the marriage and the age of the spouses is a big consideration, with younger spouses more likely to win a durational award rather than a permanent award. The […]
When a Rochester resident is arrested for a felony level drinking and driving offense, the case will be removed from the local court and presented to a grand jury. At the grand jury, the prosecution will present its evidence and, if the jurors agree the charges are supported, the defendant will be indicted on the […]
Rochester DWI arrests where the driver takes a blood test instead of a breath test can be much more difficult to defend. The blood test is generally considered more accurate than the breath test. This does not mean, however, that the prosecution is not required to prove that the machine used to test the defendant’s […]
A Rochester driver who is suspected of driving while intoxicated will almost always be asked to take a breath test. The arresting police officer, however, will not give this test immediately. Instead, the driver will be required to wait a certain amount of time – 20 minutes for most Rochester area police agencies – prior […]
The newer breath test machines that are used in the Rochester area have taken much of the discretion away from police officers when determining whether a driver is intoxicated. On newer machines, the breath test operator’s primary role when conducting the test is to input information into the device, which performs many of its functions […]