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 […]
Author Archives: Friedman & Ranzenhofer
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 […]
When you’re caught in possession of more than 10 pounds of marijuana in Rochester, prosecutors will charge you with Criminal Possession of Marijuana in the First Degree (NY PL 221.30), a Class C Felony that can land you in state prison for as long as five and a half years, with a mandatory one year […]
Criminal Possession of Marijuana in the Second Degree (NY PL 221.25) is a D Felony in Rochester, and conviction will put you in state custody for at least a year, and as long as two and half years. Prosecutors take these types of charges very seriously, and given the quantity of marijuana involved, it’s entirely […]
Yes, when a divorce is finalized in Rochester, the orders issued by the court are to be followed to the letter. If your former spouse is disregarding the terms of the Judgment of Divorce, you are entitled to relief. Usually, just bringing the matter to the attention of the judge is adequate to resolve the […]
Many law enforcement agencies in the Rochester area conduct breath tests in DWI cases using a machine called the DataMaster, which is manufactured by National Patent Analytical Systems. While there are a few different versions of the DataMaster currently in use, they all work in essentially the same fashion. A driver suspected of intoxication will […]