Syracuse Criminal Law Blog

When does theft become a felony in New York?

Some criminal offenses are clearly felonies, while others are clearly misdemeanors. There are also numerous types of criminal charges that can be either felonies or misdemeanors depending on the circumstances.  Theft is one of those crimes that can lead to felony or misdemeanor charges. A number of aggravating factors, including unlawful entry into a residential property or the possession of a weapon, could increase the severity of the charges an

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What college students need to know about drug possession charges

College life comes with new freedoms, responsibilities and challenges. Amongst these challenges is the potential risk of encountering situations involving drugs or controlled substances. Drug possession charges in New York State can have severe legal, academic and personal consequences. Familiarizing oneself with drug possession laws and potential penalties for breaking such laws can encourage college students to advocate for their rights and protect their futures. New York’s drug possession laws

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How can PTSD influence DWI charges?

Going through a traumatic event can have long-lasting effects. It can impact different parts of a person’s life, including their driving behavior. Let us explore the complex link between PTSD and driving, especially related to DWI charges. How does PTSD influence driving? Post-traumatic stress disorder (PTSD) often shows symptoms that can harm driving skills. These can include: Intrusive thoughts and flashbacks: Sudden, vivid memories of the trauma can cause panic

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Can someone find a mug shot from your past?

Getting a “mug shot” taken is part of being booked for anyone who’s arrested for a criminal offense. Most people’s mug shots don’t go public unless they’re well-known or the crime they’re accused of makes the news.  However, whether or not it can be accessed if someone looks for it is something that understandably concerns people – whether they’re ultimately convicted of an offense or not. Can potential or current

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Can you withdraw a guilty plea after being sentenced for a crime?

Entering a guilty plea in court is a serious decision, and once sentencing is complete, withdrawing it can be challenging. However, there are situations where withdrawing a guilty plea after sentencing may be possible.  Here are potential situations when you may be able to withdraw a guilty plea.  Is it possible to withdraw a guilty plea after sentencing? Yes, but it’s not easy. Once a sentence has been imposed, courts

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3 reasons to challenge field sobriety test results

Standardized field sobriety tests help police officers determine if a driver might be under the influence of drugs or alcohol. Police officers who suspect people of chemical intoxication may ask them to exit the vehicle and perform three different tests to gauge their level of intoxication. Field sobriety tests may give police officers reason to request a breath test or arrest a driver. They can also play an important role

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Can you refuse a breathalyzer test?

If police stop you in New York on suspicion of driving under the influence (DUI), whether that be alcohol or drugs, you may be faced with a request from law enforcement to test you. Understanding what the laws say and the implications of refusing to submit to these tests is critical. Implied consent When you apply for and are granted a driver’s license, you consent to be tested if a

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Should you fight to avoid a DUI conviction in New York?

You probably know that a DUI conviction can empty your bank account and complicate other areas of your life. You may be thinking about fighting the charges, but you know you would need someone to represent you. The dilemma? You do not want to spend the extra money, yet you need help with your defense. Is it worth paying for a defense? The answer depends on the specifics of your

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When can you be charged with drug conspiracy in New York?

Drug conspiracy is when two or more people agree to commit a drug-related offense and take significant steps toward doing so. The actual crime doesn’t need to be completed for you to be charged with drug conspiracy. Simply planning and taking action is enough. Drug conspiracy charges rest on three key elements that the prosecution must prove beyond a reasonable doubt for a conviction: The agreement: The individuals involved in

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What happens if you drive on a suspended or revoked license

If you are charged with an alcohol or drug-related violation, such as driving while intoxicated (DWI), you may lose your driving privileges. Your license may be suspended or revoked for a particular period. It’s unlawful to drive without a valid license. Here is what can happen if you do so: Aggravated Unlicensed Operation 3rd degree Aggravated Unlicensed Operation (AUO) is the offense one is guilty of when they drive with

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