Sexual Misconduct (NY PL 130.20) in Buffalo often serves as a sort of catch-all charge for prosecutors who lack enough evidence to prosecute a defendant on a more serious charge, like rape. On the other hand, it can also serve as a lesser included charge in a bigger case. The statute defines Sexual Misconduct as…
If you’ve been offered a plea deal by the prosecutor in any criminal matter, but especially in a domestic violence case, you should consult an experienced Buffalo criminal defense attorney right away. While many people see the word “misdemeanor” and assume that the reduced charge they’ll plead to is not a big deal, that’s not…
Unfortunately, there are only a few options for you when you need to expedite a divorce in Buffalo. First, your goal should be get your spouse on board for an uncontested action, so you can skip the lengthy process of a litigated divorce. Second, you should be sure to work with experienced legal counsel who…
When a Buffalo driver under the age of 21 is stopped and found to have a blood alcohol content of at least .02% but less than .07%, he or she may be found in violation of New York’s Zero Tolerance Law. Zero Tolerance Law violations are handled at a hearing before a judge appointed by…
The offense of Driving While Ability Impaired by Alcohol (DWAI) is a traffic infraction that bars the operation of a motor vehicle when a driver’s physical or mental ability to do so is impaired by alcohol. A Buffalo driver charged with DWAI faces suspension of his or her driver’s license, a fine, and possible jail…
Most first time offenders convicted of drinking and driving in the Buffalo area are eligible to enroll in the Drinking Driver Program (DDP) and obtain a conditional driver’s license to drive for work, school, medical care and certain other essential activities. To obtain a conditional driver’s license, a defendant must enroll in the DDP. Whether…
When a defendant in a Buffalo DWI case refuses to take the breath test, the Department of Motor Vehicles will – in almost all cases – revoke the driver’s license of the defendant. This revocation will take place at a hearing conducted by an Administrative Law Judge appointed by the DMV. Under New York State…
Yes, in assault cases, self-defense is considered a justification, and raising it as a defense means that the prosecution must prove beyond a reasonable doubt that your actions were not justified. There are a number of factors that must be addressed when arguing self-defense after an arrest for assault, however. First, your actions must be…
One of the serious and ongoing issues with New York’s domestic violence laws is that an order of protection can be instituted with relatively little effort, but lifting an order of protection can be almost impossible. Prosecutors and judges will always err on the side of safety, and if they have any concerns about a…
Defense Lawyer for an Arrest Resulting From The Criminal Possession of Marijuana in the 5th Degree If you were caught in possession of less than two ounces of marijuana in a public place in Buffalo, you were probably arrested and charged with Criminal Possession of Marijuana. This is a Class B misdemeanor that can carry…
