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What Does it Take to Prove Actual Innocence in a NY Criminal Case?

When you are accused of a crime your attorney does not have to prove actual innocence. While your innocence can be a defense, the standard for a criminal case is that you are guilty beyond a reasonable doubt.  A jury is not supposed to convict you if your attorney can build reasonable doubt in their …

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What is a DWAI in New York?

A DWAI in New York is what might be called a DUI in other states. You may be guilty of a DWAI any time you get behind the wheel “while ability impaired.” DWAIs can cover a broad range of impairments. They can cover drug use, including the use of legal or prescription drugs. They can…

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What You Need to Know About Marijuana Driving Laws in New York

As of March 31, 2021, New York state has legalized recreational marijuana for anyone 21 years old or older.  Yet that does not mean that it is now legal to operate a vehicle under the influence of marijuana. If you are found driving under the influence of recreational marijuana you will still be charged with…

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What to Do if You Get Pulled Over in New York

Getting pulled over is stressful, and it’s very easy to make a wrong move that could result in either receiving a ticket that you didn’t have to receive, or getting arrested. It is vital to know exactly what to do when an officer pulls you over on the road. By following these simple steps you’ll…

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What is Stalking in New York?

Do you know what behaviors could get you charged with stalking in New York? Sometimes behavior that one might believe is purely persistent can cross the line into an illegal act. To avoid this problem, understand what stalking is. What does it mean to stalk someone? Stalking is defined as “a pattern of following or…

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Advice for Out-of-State-Drivers who Receive Traffic Tickets in New York

Are you a resident of another state who has received a traffic ticket in New York? Don’t assume the traffic ticket is going to go away just because you’re going to go home soon. Getting traffic tickets has consequences no matter where you get them. Here’s what you need to know about dealing with a…

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Can a Felony Charge be Reduced to a Misdemeanor Charge?

When you work with a criminal attorney you’re working with an expert whose job it is to bring your case to its most successful conclusion. In some cases that will mean acquittal at trial, but this will not be possible in every case. Sometimes a plea bargain really is the right option. While it’s arguable…

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Defending Against a DUI Breath Test Case

Think that blowing into a breathalyzer creates an open-and-shut case that you can’t possibly generate a defense against? You’d be incorrect. Every day, the team at Scott Russell Law mounts defenses against DUI cases where the breathalyzer test is the major source of evidence. There are two ways that this can be done. Through the…

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What Happens When You Write a Bad Check in New York?

Anyone can bounce a check from time to time, but when does an NSF check become a crime in New York? In theory, the NSF check becomes a Class B misdemeanor the moment you write it. In practice, each county in New York has a waiting period before the merchant can pursue criminal action. In…

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What to Do if There’s a Warrant for Your Arrest in New York

Learning you have a warrant out for your arrest is always a nasty surprise. If you’ve learned about it by any means other than being arrested you have some room to move, but what should you be doing? Here’s everything you need to know. What the Warrant Means A warrant means one of three things.…

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