What Happens If You Refuse a Breathalyzer Test in New York?
Refusing a breathalyzer test in New York may result in immediate administrative penalties, including a license suspension, even before any DWI case is resolved. New York’s “implied consent” law requires drivers to submit to chemical testing, and refusal can be used against you in both the DMV hearing and the criminal case....
Can a Petit Larceny Charge Be Dismissed Before Trial?
A petit larceny charge can be dismissed before trial in New York if the evidence is weak, the arrest process was improper, or the prosecution cannot meet its burden of proof. Dismissals may also occur through legal motions, diversion programs, or negotiated agreements, depending on the circumstances of the case. The chances...
Can First-Time Offenders Avoid Jail Time for Larceny Charges on Long Island?
First-time offenders charged with larceny (theft) on Long Island often have opportunities to avoid jail, depending on the value of the property, the circumstances of the incident, and the person’s background. While New York law allows for jail or prison at every level of theft, many Nassau and Suffolk County courts...
The Consequences of Assaulting a Police Officer in New York
Assaulting a police officer is one of the most serious violent offenses under New York law. Even if the injury appears minor or the encounter was chaotic, prosecutors treat these cases with extreme severity. A conviction can result in years in prison, a permanent felony record, and lasting personal consequences. Let’s explore...
Penalties for a First-Time DWI in New York
Being arrested for a first-time DWI (Driving While Intoxicated) in New York can feel overwhelming and intimidating. Even if you have never had any prior criminal charges, a DWI conviction carries serious legal, financial, and personal consequences that can affect your life for years to come.
At Michael...
Can a DWI Conviction Be Expunged From My Record in NY?
A DWI conviction can follow you for years, impacting your reputation, career opportunities, and even your ability to secure housing. If you’ve been convicted of driving while intoxicated in New York, you may be wondering whether it’s possible to have that conviction erased from your record. At Michael A. Arbeit, P.C.,...
What Is Considered Aggravated Assault in New York?
Assault charges in New York carry serious consequences, especially when the offense rises to the level of “aggravated assault.” While many people use the term to describe any violent altercation, the law has a more specific definition, and knowing the difference could make a significant impact on how your case is handled.
What Is the Effect of a Criminal Record on Employment Opportunities?
Being convicted of a crime can lead to incarceration, heavy fines, and probation. However, these are among the most immediate consequences. A conviction will give you a criminal record, which can have significant personal and financial ramifications down the road.
One such repercussion could include your career prospects. If...
7 Common Defenses Against DWI Charges
Driving While Intoxicated, or DWI, is a serious offense in Long Island and elsewhere in New York. More than a mere infraction like traffic tickets, DWI is a crime that can land a driver behind bars in addition to massive court costs and fines, driving points, loss of a driver license, and...
What Is an Example of a Forged Instrument?
In New York, it is illegal to use a forged instrument such as a check to defraud others. But the law actually goes further than this by punishing the possession of forged instruments, not merely their use in a transaction. This raises the question among many New Yorkers about what constitutes a...