Syracuse Criminal Law Blog

How can you defend your refusal to take the breathalyzer test?

February 15, 2023

New York recognizes the “implied consent” doctrine, which means that any person who operates a motor vehicle on the state’s roads consents to a chemical (blood or urine) test to determine their blood alcohol (BAC) level should law enforcement require them to do so. This test is administered when you are pulled over for a drunk driving investigation. During the DUI stop, one of the questions you might have is

What you should know about drug conspiracy charges in New York

February 2, 2023

Conspiracy drug charges refer to a type of criminal offense where an individual or a group of individuals is accused of conspiring or planning to commit a drug-related crime. While knowledge of a drug crime does not automatically make you a conspirator, you can be charged with conspiracy to commit a drug offense even if you never actually followed through with the act. The main aspect of a conspiracy charge

What kinds of things are negotiable in a plea deal?

January 15, 2023

Certainly, everyone who is charged with a crime has the right to their day in court. If you’re innocent of the charge against you, you deserve a strong defense. However, what if you have some legal culpability, and going through a trial could mean being found guilty and ending up behind bars? Do you want to put your future in the hands of jurors? That’s where a plea deal may

Will you need to install an IID to drive after a DWI charge?

January 5, 2023

It is common for those convicted of a driving while intoxicated (DWI) offense in New York to temporarily lose their driving privileges. License suspension is among the standard penalties a judge will impose when someone pleads guilty or the courts convict them of a DWI. The number of previous infractions in someone’s background, their blood alcohol concentration (BAC) at the time of their arrest and other factors, like the presence

An indictment doesn’t mean a conviction

January 2, 2023

When the news breaks that someone has been “indicted for a crime,” a lot of people automatically assume that the defendant is definitely going to jail – but that’s far from the truth. Most people don’t really understand what an indictment means. In New York, a felony-level criminal charge cannot proceed to trial unless there’s been an indictment, or a set of formal charges handed down by what is known

Perfectly legal medication can lead to an impaired driving arrest

December 27, 2022

Maybe your doctor prescribed muscle relaxants because you hurt your neck in a slip-and-fall incident. Perhaps you need to take opioid pain relievers to go about your daily business after having a surgery. There are many medications that you can legally take that could potentially affect your ability to drive. Sleep medication, pain relievers, anti-seizure medications, diarrhea drugs, motion sickness pills, some psychiatric medications and even over-the-counter cough medicine could

How evidence suppression can help your criminal case

December 21, 2022

You may be facing criminal charges where the prosecution has overwhelming evidence against you. However, it does not mean that your case is as good as done. The court may suppress some of the prosecution’s evidence, meaning that the prosecution cannot use the evidence in question during the trial. This can happen when the judge grants a motion to suppress filed by the defendant or their defense team before the

2 health conditions that can be confused with drunkenness

December 9, 2022

In the United States, all citizens have the presumption of innocence. For criminal charges to stick, the prosecution must prove beyond all reasonable doubt that the offense occurred and the accused committed it. In the case of drunk driving, the prosecution must show beyond all reasonable doubt that you were impaired. There are some health conditions that can mimic the symptoms of impairment, and you may be suffering from them

Common examples of cybercrime

November 23, 2022

The technological revolution has changed most aspects of day-to-day life. People can communicate with their friends and family instantly, wherever they are located geographically. Businesses can conduct multi-million dollar deals at the click of a button. Many of the changes technology has brought are positive, but there’s more to the story. Technology has also resulted in the rise of a new type of crime- cybercrimes. These offenses come in numerous

What is a Ponzi scheme?

November 9, 2022

There are all kinds of fraudulent scams: pump-and-dump scams, adoption fraud, money mules and ransomware, for example. Investment schemes are easy to fall for when people are promised easy returns. One well-known scam, dating back to the 1920s, is called a Ponzi scheme, named after Charles Ponzi himself, an affluent con man. Here’s what you should know: How did the first Ponzi scheme work? Originally, Ponzi would use the postal