You have the right to handle your divorce yourself, without an attorney representing you, and there are cases where that works out. If you and your spouse don’t have a lot of assets or any children to work out custody and support arrangements for, divorce may simply be a matter of filing certain forms with […]
Daily Archives: June 19, 2015
Obviously, there is no absolute right for a Rochester driver to withdraw a guilty plea to a drinking and driving charge at any time. Allowing DWI or other criminal defendants to withdraw a guilty plea simply because they changed their mind or did not like the sentence imposed would make it very difficult on the […]
It is not unusual in Rochester area courts for a driver charged with Driving While Intoxicated (DWI), which a misdemeanor, to be convicted after trial of the lesser offense of Driving While Ability Impaired by Alcohol (DWAI), which is normally only a traffic infraction. A DWAI charge may be raised to a misdemeanor, however, if […]
A Rochester resident arrested for drinking and driving has all the rights of a defendant not only under New York State law, but also under federal law. The Sixth Amendment of the U.S. Constitution specifically requires that anyone accused of a crime be given the opportunity to confront the witnesses in his or her case. […]
When a Rochester driver takes the breath test after being stopped on suspicion of drinking and driving, the breath test machine uses a mixture known as a “simulator solution” to test the accuracy of the machine. The simulator solution contains a known amount of alcohol.If a simulated breath test using this solution yields the correct […]
In many cases, younger drug offenders can avoid the worst criminal sanctions, but when an adult over the age of 21 sells controlled substances to a person younger than 17, they can be charged with Criminal Sale of a Controlled Substance to a Child (NY PL 220.48), a Class B Felony that carries a sentence […]
Criminal injection of a narcotic drug is a Class E Felony in Rochester to possess a narcotic drug and use a hypodermic syringe or needle to inject that drug into another person with their consent. Conviction under Criminal Injection of a Narcotic Drug (NY PL 220.46) in Rochester can lead to a prison sentence of […]
If you unlawfully possess or sell a hypodermic syringe or hypodermic needle, you can be charged with Criminally Possessing a Hypodermic Instrument (NY PL 220.45) by Rochester prosecutors. This is an A Misdemeanor that can lead to up to one year in jail and $1000 in fines, and can be charged in addition to any […]