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Can I Go to Jail if Convicted of a Misdemeanor?

“It’s only a misdemeanor.” Have you heard that phrase before? It certainly seems to imply that a misdemeanor crime isn’t very serious.  Yet you should take a misdemeanor charge very seriously indeed. You can absolutely go to jail for some New York misdemeanors. You can also be fined and incur steep court fees which can…

DUI/DWI Reminders for the Fall and Winter Months

While Covid-19 may be putting the kibosh on a lot of our normal holiday celebrations, here in Orange County there will still be plenty of individuals who go to socially distanced outdoor gatherings. This makes it a very good time to offer some reminders about DUIs and DWIs in the State of New York. You…

Driving

Is It Better to Plead Not Guilty to an Orange County, NY Speeding Ticket?

Have you gotten a traffic ticket? You may be wondering whether it makes more sense to just pay the ticket or whether you should fight it. Believe it or not, few people even wonder. They just pay the ticket, even though they know that will put points on their driver’s license. They do it even…

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Is a Violation a Crime in New York?

Violations are not considered crimes, even though they are violations of the New York State Penal Code. You may get a violation for unlawful possession of marijuana, for example, and you may even spend 15 days in jail. They do not, however, show up on court records or background checks unless your violation happened before…

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Can a Police Officer Scan or Swipe My Credit Card?

In some cases, police have been known to scan debit cards, credit cards, and prepaid cards during traffic stops. You may be surprised to learn that courts have upheld their right to do so. It does not happen in every traffic stop, but there are a few times when police will scan your cards.  Three…

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How to Get Out of a Misdemeanor Charge

So you’ve been charged with a misdemeanor and you’re hoping you’ll be able to get out of it. There’s good news and bad news.  The good news is there are quite a few cases where, with the help of a good criminal defense attorney, you can absolutely get out of a misdemeanor charge…or at least…

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Should You Plea Bargain Your New York Criminal Case?

Most cases in New York aren’t resolved through the trial process. They’re resolved through plea bargains. A plea bargain is a kind of settlement between you and the prosecutor. You agree to plead guilty to something. In return, the prosecutor agrees to reduce the charges to something less severe.  Plea bargains may also include an…

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If Someone Coughs on Me Can I Punch Them?

There have been numerous reports of people maliciously coughing on others. Often, they do it when asked to wear masks, or to socially distance from others.  We know coughing on others is a crime. In some cases, it’s even been prosecuted as terrorism, because Covid-19 is a biological agent. In other cases it’s been charged…

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Is It OK to Drive While Barefoot in New York?

There are some people in the world who just don’t enjoy wearing shoes very much. If you’re one of them then you might be happy to know there is no specific law in New York that prevents you from driving while barefoot. Yet is it a good idea? Can it cause problems later?  Is it…

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What to Do If You Get Arrested at a Protest

As of this writing, protests are ongoing in the nation. If you choose to participate in one you need to know you rights.  Note that you should always try to follow the law while at a protest. For example, many protesters make the mistake of blocking traffic or stepping onto private property where their rights…

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