Daily Archives: June 19, 2015

Can’t We Just Download The Forms We Need And File For Divorce In Rochester Without A Lawyer At All?

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 […]

Can Someone Who Pleads Guilty To DWI Ever Withdraw Their Plea In Rochester?

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 […]

Can A Driver Be Acquitted Of Misdemeanor DWI In Rochester But Convicted Of Misdemeanor Driving While Ability Impaired?

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 […]

Does The Breath Test Operator Have To Testify At Trial In Rochester?

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. […]

Does The Blood Test Use Chemicals Like The Breath Test In Rochester?

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 […]

Defense Lawyer For Criminal Sale Of A Controlled Substance To A Child (NY PL 220.48) In Rochester

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 […]

Lawyer for Criminal Injection Of A Narcotic Drug (NY PL 220.46) in Rochester

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 […]

Criminal Defense Attorneys For Criminally Possessing A Hypodermic Instrument (NY PL 220.45) In Rochester

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 […]