It is important to understand how the police gather evidence in criminal cases. If you are facing serious charges, the way that any evidence that may be used against you was obtained may have a significant impact on your case and your defense options. Every case is unique, of course. But the following are three common questions about how evidence is obtained that apply to many cases. Consider them carefully
Reasonable suspicion is a legal standard that allows law enforcement officers to initiate a stop or conduct a brief investigation. This must be based on specific and articulable facts, that a person has been, is or is about to be engaged in criminal activity. Understanding what constitutes reasonable suspicion for drunk driving is vital. Behaviors and circumstances that might give an officer reasonable suspicion to initiate a traffic stop for
Most people think they only have two options when being asked to enter a plea to criminal charges. They believe they must answer “guilty” or “not guilty”. However, there is a little-known third option, called an Alford plea, named after the first person to use it. This plea option is effectively a guilty plea entered by someone who maintains their innocence. There are two situations you might consider using one
When a driver is stopped on suspicion of driving under the influence (DUI) of alcohol, the police may use field sobriety tests (FSTs) to assess balance, coordination and ability to pay attention to more than one task. The results of these tests can be used as evidence against the driver. But these tests are not always accurate. You can contest their results. Here is how: The officer failed to follow
Most people can agree that driving is an invaluable convenience that tends to makes daily life easier. Since there are almost always a lot of drivers on the road, it’s crucial for all road users to be as safe as possible. However, there is a very thin line determining what is and isn’t safe while operating an automobile, especially when it comes to DWI-related charges. The laws of DWI in
Cybercriminals exploit the digital landscape to perpetrate identity theft. Innocent individuals can become victims through no fault of their own, as they employ tactics like phishing, malware and data breaches to pilfer personal information. They can then use these stolen details in fraudulent activities, creating a trail that can lead back to an innocent person. The ripple effect of accusation Being wrongfully accused of identity theft can unleash a cascade
Despite changing social attitudes about drug use, New York still has numerous laws restricting certain types of drug activity. Thousands of people every year run afoul of New York state drug laws and end up in criminal court as a result. The consequences of a drug conviction can include incarceration, large fines and a criminal record that can impede someone’s opportunities for the rest of their life. Many drug offenses
The police may ask drivers to prove that they are not drunk during traffic stops. An investigation may begin with a few questions to determine if a driver will be open and admit to their guilt. If that doesn’t lead to any conclusive evidence, the police may ask drivers to do a chemical sobriety test. The most common type of chemical sobriety test is a breath test. A breath test
A DWI (driving while intoxicated) checkpoint or sobriety checkpoint is a roadblock law enforcement officers set up on local roads to stop vehicles and look for signs of intoxication in drivers. The number of DWI checkpoints is likely to increase during the holidays, and you may find yourself in one. Are DWI checkpoints legal? Yes. In New York, police departments can designate sobriety checkpoints in specific locations, especially near popular
If you are under investigation for any kind of crime, it is crucial to be informed about what’s going on. This does not just apply to what you are going to tell the police. It means you also need to understand what charges you might face. Some crimes that can seem similar can have very different consequences if you were to be convicted. One that people often underestimate is embezzlement.