Author Archives: Friedman & Ranzenhofer

Does A Defendant Always Have To Talk To Probation Following A DWI Conviction In Rochester, NY?

Many Rochester area defendants convicted of a drinking and driving offense will be required by the court to meet with a probation officer prior to sentencing. The fact that the DWI defendant must meet with a probation officer does not mean that he or she will eventually be sentenced to probation. Instead, the purpose of […]

Penalties For Criminal Sale Of Marijuana (Marihuana) In The Third Degree (NY PL 221.45) In Rochester

Many New York drug possession or sale crimes are graded based on the weight of the drugs in question, and in the case of Criminal Sale of Marijuana (Marihuana) in the Third Degree (NY PL 221.45), Rochester prosecutors can charge you if you sell a quantity of pot, or a mixture containing it, that weighs […]

Penalties For Criminal Sale Of Marijuana (Marihuana) In The First Degree (NY PL 221.55) In Rochester

People who deal in large quantities of drugs, even marijuana, are considered a serious menace to public safety, and when you’re caught selling more than a pound of marijuana, you can be charged with the class C felony Criminal Sale of Marijuana (Marihuana) in the First Degree (NY PL 221.55). Judges have a lot of […]

Penalties For Criminal Sale Of Marijuana (Marihuana) In The Second Degree (NY PL 221.50) In Rochester

Criminal Sale of Marijuana (Marihuana) in the Second Degree (NY PL 221.50) is a serious felony charge, and there are two ways that Rochester prosecutors will bring it against you. First, if you sell pot, or a mixture containing pot, in a quantity of more than four ounces, you’re in violation. More troublingly, from a […]

Am I Common-Law Divorced In Rochester If I Haven’t Lived With My Spouse In More Than Ten Years In Rochester?

No, New York doesn’t have any mechanism for a “common law” divorce, so if you need to become divorced in Rochester either to remarry or simply to tie up loose ends in your life, you’ll have to file for divorce. In most cases, couples who have not lived together for years have long since worked […]

How Does The Judge Determine The Fine In A Rochester DWI Case?

Any experienced Rochester DWI lawyer can tell you that a drinking and driving conviction carries a wide variety of financial penalties. Some of these – such as the fees associated with obtaining a conditional driver’s license or the mandatory surcharges imposed by New York State – are required to be paid, and the cost associated […]

When Is A Low Breath Test Score Considered Relevant Evidence Following A Rochester Drinking And Driving Arrest?

Nearly all Rochester area drinking and driving arrests involve the driver being asked to submit to a breath test to determine his or her blood alcohol content. The results of the breath test are necessary to support charges such as Driving with a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated, […]

Can Misdemeanor Drinking and Driving Be Charged In A County Court In Rochester?

When a Rochester driver is arrested for drinking and driving and has no prior offenses, there are a number of potential misdemeanor offenses that may be charged. These include Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, and Aggravated Driving While Intoxicated per se (which requires a blood alcohol content […]

Does It Matter What A Truck Was Carrying Following A Rochester DWI Arrest?

New York State has several additional regulations when it comes to drinking and driving in what is termed a “special vehicle,” such as a bus or a truck weighing over 18,000 pounds. A Rochester driver arrested for Driving While Intoxicated in a special vehicle may face very severe penalties. When it comes to trucks, the […]

Penalties For Criminal Sale Of Marijuana (Marihuana) In The Fourth Degree (NY PL 221.40) In Rochester

Sales of even small amounts of marijuana remain a crime in Rochester, and if you’re caught selling more than two grams or one joint of marijuana, but less than 25 grams, you can be charged with Criminal Sale of Marijuana in the Fourth Degree (NY PL 221.40). This is an A misdemeanor that can carry […]