Capital Region Legal News

Sunday, March 26, 2017

Knocking Out a DWI or DUI Charge

Q: How can I fight a DWI or DUI charge?

Each DWI or DUI case ("driving while intoxicated" or "driving under the influence", respectively) is different and the potential punishments for each are also unique.

The penalties upon conviction range from a fine and/or license suspension to possible jail time in serious cases or for repeat offenders. With your money, reputation, and freedom on the line, hiring a Read more . . .

Monday, March 20, 2017

New York just moved one very important step closer to common sense criminal justice reforms

What might this new law mean for youth offenders?

The idea surrounding youth accountability for crimes is often controversial. Some people worry about youth who might only be 16 or 17 years old paying an ‘adult price’ for the crimes they commit.  Others point to the importance of enforcing strict criminal penalties, especially as a deterrent to others.  

As Read more . . .

Wednesday, March 15, 2017

Heading to Traffic Court? Don't Forget Your Attorney

Getting caught speeding, failing to pass properly, or running a red light could lead to large fines, costlier insurance, or even the suspension of your license. Police can hand out tickets for a number of reasons and cameras can even snap photos of your license plate if you have violated a law.

Most people simply accept punishment and pay the fines. Fines can add up quickly if you are not careful. You do have the right to contest your tickets in traffic court.
Read more . . .

Saturday, March 11, 2017

Do I really need an attorney to buy property in New York?

Buying property could be one of the biggest decisions of your life. It can be very exciting to finally make a choice after visiting neighborhoods or locations, and comparing prices, features and other benefits against each other.

It can also be extremely nerve-wracking, especially if you are purchasing a home, or a condo in a place like New York City. You will want to be very careful throughout your decision making process. The high prices of New York real estate can make a mistake costly.
Read more . . .

Thursday, February 23, 2017

NY Lawmakers Seek to Limit Use of Stingrays

What are my rights under the Fourth Amendment?

Lawmakers in the state Assembly recently introduced legislation that would ban the use of cell site simulators or "stingrays" by law enforcement without a search warrant. These surveillance devices trick cell phones within range into connecting to the simulator instead of cell phone towers.

In short, stingrays allow the police to track individuals who are using electronic devices and capture communications content including phone calls, text messages and social media usage. The problem is that stingrays sweep up all devices within range, not just the communications of targeted individuals.

The legislation was prompted in part by an ACLU report in the summer of 2016 that found two local law New York law enforcement agencies invested more than half a million dollars in stingray devices which they rarely obtained warrants to use.

Read more . . .

Friday, February 17, 2017

How do short sales work in New York?

When the housing crisis started ramping up in 2008, short sales re-emerged as a popular way to sell a home that you are upside-down on, without being liable for the remainder that the sale of the house did not cover. Today, the short sale is as popular as ever in the real estate industry as an alternative choice to the oft-dreaded mortgage modification.

Why do banks agree to short sales?

It turns out that banks lose more in a foreclosure than they do with a short sale.

Read more . . .

Monday, February 13, 2017

How can I get my New York criminal charges expunged?

Many individuals who have made mistakes in the past and are working to move on may still be haunted by prior convictions. Television and well-meaning friends and relatives usually bring up the topic of expungement as a means to vanquish past offenses. Unfortunately, if you were convicted of a crime in New York, expungement, or record destruction, is not an option. There are other options however, your

Read more . . .

Saturday, February 11, 2017

Drug Tests to Be Excluded from Lake George Boat Crash Prosecution

When does a violation of criminal procedure prevent prosecutors from using incriminating evidence at a criminal trial?

A man charged with manslaughter, assault, criminally negligent homicide and boating while impaired has just received a huge break. Though witnesses saw him taking drugs, including cocaine and hashish, and though drug tests found three types of drugs in his system, his criminal defense lawyers will not have to deal with all of the evidence at trial. Warren County prosecutors have announced they will not be using the drug test results because of a procedural error.

Read more . . .

Tuesday, January 31, 2017

What are the top 5 mistakes people make when facing assault allegations?

If you have been charged or are otherwise facing allegations of assault, you are likely having some anxiety about the process and what you should do next. The best thing you can do is talk to an experienced criminal attorney before you do anything else. Below, we have some of the top 5 mistakes that people facing assault allegations have made, so you can avoid making these costly mistakes yourself.

#1 Talking to the Police

While we understand that you may feel that having the police understand your side of the story will make everything go away, talking to the police without the advice of a lawyer is the worst thing you can do for yourself.  Often, you are actually arrested when you get to the station.

Read more . . .

Monday, January 30, 2017

Here's How Mortgage-Rate Increases Could Impact NYC Real Estate

How will the mortgage interest rate increase affect you?

The Federal Reserve raised interest rates 0.25 percent last month, which means that mortgage rates are at the highest they’ve been in all of 2016. While rates are still at a historical low, there is talk about the Feds raising them again in 2017.

Read more . . .

Monday, January 23, 2017

Child Abuse Charges Are Difficult to Defend Against

How can your lawyer defend you against charges of child abuse?

As individuals who have been wrongly accused of child abuse, particularly child sexual abuse, know all too well, innocence can be very difficult to prove. Just as we know that child abuse is much more common that we used to believe, we should be aware that false accusations of child abuse are not infrequent. Such false charges are especially common in highly dysfunctional families and in families going through unusually acrimonious divorces. If you find yourself accused of, or charged with, child abuse, whether physical, emotional, or sexual, it is essential that you engage the services of a

Read more . . .

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