The Top 3 Misconstrued Things About Getting Arrested For a DWI/DUI in New York State

Let's face it, one of the most embarrassing things to ever happen to someone is receiving a DWI/DUI. But, unfortunately, it is very common among high school students, college students, and adults alike, to be pulled over and arrested for driving while intoxicated by alcohol or driving under the influence of drugs. Due...

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In New York, What is the Difference Between Petit Larceny and Grand Larceny?

In New York, many people think the sole difference between Petit Larceny and Grand Larceny is the monetary amount that is alleged to be taken, but that is wrong.  Some property, when taken without permission of the owner regardless of their monetary value, is considered to be Grand Larceny.

In New York, a...

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What Are The Standards of Proof In A New York Criminal Case?

In New York State, the Standards of Proof in a criminal case are governed by Article 70 of the Criminal Procedure Law.

§ 70.10 Standards of proof; definitions of terms.

     1.    "Legally sufficient evidence" means competent evidence which, if accepted as true, would

establish every element of  an  offense  charged and the...

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What Does “Beyond A Reasonable Doubt” Mean in a New York Criminal Matter?

In New York, the standard of proof the prosecution or government must meet in a criminal case is proving guilt “beyond a reasonable doubt.”  But, what does “beyond a reasonable doubt” really mean?

In a criminal matter, although it does always seem like it, the defendant (the person who is accused of a...

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In New York, When Can A Police Officer Approach A Parked Motor Vehicle?

The approach by a police officer of a parked vehicle is governed by the same rules that govern police-civilian street encounters. The standard that governs the authority of the police to approach a stopped car, or perhaps more correctly stated, the limitation placed upon the authority of the police to approach a parked car...
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