Syracuse Criminal Law Blog

Are you allowed to avoid a sobriety checkpoint?

Even if you’re not under the influence, you certainly may not want to go through a sobriety checkpoint. You may just not enjoy interacting with the police. You may be concerned that you could say the wrong thing and wind up getting arrested, even though you didn’t break the law. If someone told you where the checkpoint was located before you got in the car, you would avoid taking that

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Clemency: A request for forgiveness

Clemency is the act of showing mercy. It is a criminal justice reform tool that governors and presidents can use to overturn unjust sentences. There are two main ways to grant clemency: pardoning or commuting sentences. A pardon grants immunity to a guilty person, absolving them of any remaining penalties or potential repercussions resulting from their conviction. Commutations reduce an individual’s sentence, either completely or partially. A presidential pardon refers

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When can you challenge a sobriety test in New York State?

Driving under the influence of drugs or alcohol is a serious offense in the Empire State. Field sobriety tests (FSTs) are a customary technique used by law enforcement to assess a driver’s level of intoxication during a traffic stop.  While these tests can provide valuable evidence, they are not infallible. In certain scenarios, the validity of a field sobriety test can be questioned in court. As a New Yorker, it

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2 common examples of money laundering

When someone earns money via illegal means, the income that they generate is technically illegitimate. Thus, they need to “clean” that money before spending it, or it may be traced back to their wrongdoing. This is where money laundering comes in. Money laundering is the process of taking unlawful funds and giving those funds the appearance of being legitimate. The following are two common examples of money laundering. Laundering through

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What could land you in hot water with Medicare and Medicaid?

Medicare and Medicaid are vital programs that provide millions of Americans with healthcare access. Proper billing practices are crucial to help ensure their sustainability. However, even seemingly harmless mistakes can raise red flags and trigger healthcare fraud charges. This can result in serious consequences, including hefty fines, program exclusion and even jail time. Medicare and Medicaid reimburse healthcare providers based on specific codes that reflect the services rendered. Upcoding (billing

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How possession of a weapon could affect criminal charges

Some people carry a weapon for a sense of personal security. Other people may have tools in their possession for work or daily life that may seem like a potential weapon to law enforcement officials. Anyone accused of a crime while in possession of a weapon could face more serious charges and enhanced penalties. Police officers taking someone into state custody typically conduct a thorough search of that person beforehand

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Understanding how the Controlled Substance Act classifies drugs

If someone is facing drug possession charges, their sentence may be lighter or harsher depending on the kind of substance they possess. To determine how harshly a criminal drug possession charge should be, drugs are categorized by schedules. Schedules are determined by the Controlled Substance Act, which classifies drugs based on a few factors, including the substance’s medical use and potential for abuse.  Here is what you should know about

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When can you seek “severance” if you’re charged with others?

A lot of premeditated crimes of all kinds, but largely white-collar crimes, involve multiple people. Often, these people have very different levels of culpability in the criminal activity. They may not all even know or interact with one another. One or more may be the “ringleaders,” while others may have had little if any idea that what they were doing was against the law. Nonetheless, prosecutors often lump everyone into

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Now, mugging is called robbery but still severely punished in New York

A long time ago, mugging was a common way of referring to the act of taking property directly from another, usually in a public place like a park or alleyway. In the modern world, these offenses are just called robberies, and can come with severe penalties upon conviction.  Understanding robbery charges and the potential penalties if convicted is crucial in getting the best possible outcome for your situation.  3 degrees

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Drugged driving is a serious charge in New York

Drugged driving in New York encompasses a broad spectrum of substances that impair one’s ability to operate a vehicle safely. Drugged driving can result from the consumption of illegal, over-the-counter or prescription drugs. Each of these substances can potentially alter cognitive functions, reaction times and decision-making processes. This makes driving under the influence of drugs dangerous for an affected driver and for others on the road as well. New York

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