Syracuse Criminal Law Blog

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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3 potential consequences of health insurance fraud

Medical professionals often find that generating adequate revenue to keep a private practice solvent is difficult. Especially when a professional has started their own medical practice, they may have a difficult time generating the necessary revenue to pay for equipment, facilities and support staff wages. Creative billing practices may sometimes seem like a viable solution for those trying to operate successful independent medical practices. Unfortunately, tactics like unbundling discounted charges

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Are mental health issues mitigating factors in sentencing?

Sometimes, no matter how hard you try, a court case just won’t go your way. Conviction is inevitable. When that happens, the defense process turns toward mitigation – or an effort to sway the court towards leniency in its sentence based on different factors that tend to present the defendant in either a positive or sympathetic light. One of the most common mitigating issues raised is a defendant’s mental health.

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3 reasons police officers can enter your home

In many situations, it’s illegal for police officers to enter your house without permission. Even if they want to come in and talk to you, they have to ask for your consent. You don’t have to give them that consent, and they can’t force their way into the house just because they are in a position of authority. So when can they come inside? 1. With your consent The first

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Common mistakes made in criminal cases by police or prosecutors

Police officers and prosecutors are both technically agents of the state. They represent the government and have to follow the law. Not only do they need to avoid criminal activity, but they must also avoid violating the civil rights of individuals. Sometimes, police officers and prosecutors make mistakes when developing a criminal case that may have implications for the defendant. In many cases, a criminal defense attorney may be able

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What is Leandra’s Law?

Leandra’s Law, also known as the Child Passenger Protection Act, is a New York law aimed at enhancing the safety of young passengers and deterring drunk driving. Enacted in November 2009, the law was named after 11-year-old Leandra Rosado, who tragically lost her life in a drunk driving accident. This legislation imposes stricter penalties on those who drive while impaired with a child in their vehicle. Under Leandra’s Law, it

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Not everyone has the same BAC limit in New York

Many people think of a blood alcohol concentration (BAC) of 0.08% as the limit that they need to be aware of. When they drive, they can’t be over this limit or they would be in danger of arrest. This is true, but the BAC laws in New York are much more nuanced than this. It’s important to know how they work and that it is not as simple as always

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How can the police access information on your phone without physically possessing it?

You may know that police who are investigating a crime can request a warrant to search a person’s phone as part of that investigation. If the judge agrees they have sufficient reason they can then examine it for anything that might help them build their case. Yet you might now know that the police can often still access the information on a person’s phone without ever needing to see or

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Can you quickly reduce alcohol impairment before driving?

There are many cases where people realize that they need to drive, but it’s already too late to avoid alcohol consumption. They are impaired, but they don’t want to run the risk of being arrested for drunk driving. What they’ll try to do is quickly sober up. Maybe they’ll drink a cup of coffee. Perhaps they’ll take a cold shower. Maybe they will eat a big meal or drink a

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