Rochester drivers arrested for drinking and driving who have prior DWI offenses often face increased jail time, higher fines and enhanced driver’s license penalties. Usually, the prosecution is barred – or at least severely limited – when it comes to bringing up prior offenses of other bad acts of the defendant in a criminal trial. […]
Author Archives: Friedman & Ranzenhofer
Criminal Sale of Marijuana (Marihuana) in the Second Degree (NY PL 221.50) in Rochester is an extremely serious criminal charge that can lead to significant prison time and a felony record that can’t be expunged. The charge itself indicates that police and prosecutors believe you sold between four ounces and one pound of marijuana, or […]
Criminal Sale of Marijuana (Marihuana) in the Third Degree (NY PL 221.45) in Rochester is charged when you’re caught selling marijuana in an amount of 25 grams to four ounces. As with other Criminal Sale of Marijuana charges, the state doesn’t have to prove that you accepted money for the marijuana, so giving a friend […]
Criminal Sale of Marijuana (Marihuana) in the Fourth Degree (NY PL 221.40) in Rochester is the allegation that you knowingly and unlawfully sold marijuana in an amount between two and 25 grams. This doesn’t have to be for money, but rather for “consideration,” which can mean nearly any type of exchange. Criminal Sale of Marijuana […]
Handling the disposition of a marital home is one of the key elements of any divorce where the couple jointly owns their home in Rochester. In cases where the house will be retained by one spouse, the other will usually want to be removed from the mortgage to prevent any future financial liability. There are […]
Many law enforcement agencies in the Rochester area use DWI checkpoints or roadblocks to stop vehicles for the purpose of determining whether the driver is in intoxicated. While the U.S. Supreme Court has ruled that randomly stopping vehicles at a roadblock can be legal if properly conducted, roadblocks also can be a violation of the […]
Almost all Rochester area DWI arrests result in the accused driver being asked to take a breath test to determine his or her blood alcohol level. When this request is made, some drivers will ask to speak with a lawyer before deciding whether or not to take the breath test. A refusal to take the […]
Anyone suspected of drinking and driving is required to submit to a breath, blood or urine test at the request of law enforcement. In an effort to avoid the possibility of suspected drunk drivers benefiting from not taking the breath test, New York State has passed several laws to discourage drivers from refusing the test. […]
Most Rochester residents are aware that anyone arrested for a crime – including a drinking and driving offense – has the right to remain silent and cannot be forced to testify against themselves at trial. Whether it is a good idea for a defendant to forego this right and testify at a DWI trial depends […]
Criminal Sale of Marijuana in the Fifth Degree (NY PL 221.35) is slightly misnamed, as a commercial transaction is not required in order to be convicted. If you sell, or even give away, two grams or less of marijuana, or one marijuana cigarette, you can be charged with this B Misdemeanor. Conviction carries a potential […]