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New City Criminal Defense Law Blog

What defenses are available to allegations of theft?

A charge of theft is often based upon an accusation that an individual knowingly took the property of another person. New City residents can face theft charges that arise from a number of different factual scenarios, and as such, it is important that they remember that all criminal cases are different. Criminal defense attorneys can be useful resources for those individuals who wish to learn more about the particulars of their personal theft charges, as this blog provides only general information about criminal law topics.

Depending upon the facts of his case, a person facing theft charges may be able to use one of several defenses. The most straightforward defense to a theft charge is innocence; if a person did not take the alleged victim's property then he could not have committed theft.

New York man faces drug charges after car chase with police

Being pulled over by the police can be a frightening experience, particularly if you feel you have done nothing wrong. However, as a recent story shows, attempting to flee in such situations can land you in even more trouble.

A recent chase by Clarkstown police led to drug charges for one man. The incident began when the 29-year-old driver of a Nissan pickup truck failed to signal a turn. A police officer observed this and attempted to pull the driver over. However, the driver of the truck sped up, and allegedly threw something out the window of the passenger side of the vehicle. During the chase it is reported that the driver's speeds went as high as 90 mph and the driver veered over the double yellow line. The chase ended when the driver eventually drove down a dead end road.

Criminal defense: The Sixth Amendment right to an attorney

As many people in New City already know, individuals accused of a crime have the right to an attorney, and if the individual cannot afford an attorney, an attorney will be provided to the individual at no cost. This right starts from the arrest and goes throughout the trial process, and into an appeal, if necessary. This very important right can be found in the Sixth Amendment of the United States Constitution.

New law makes drunk boating a felony if there are past DWIs

Summertime has arrived to New York, and residents are flocking to the state's lakes and waterways to enjoy some fun boating on the water. Sometimes individuals on boats consume alcohol, and most of them do so responsibly. However, boaters should take note that a recently passed law could impose on them felony charges for drunk boating.

Don't underestimate the seriousness of drug possession charges

Drug possession charges are not always straightforward, and in fact can often be quite complex. For example, there are situations in which a New City resident could be wrongfully charged with drug possession even if he or she was not the possessor of the drugs found.

When may police in New City legally pull a driver over?

Memorial Day is the unofficial kickoff to the summer season in New City. People are heading out to the beach, on camping trips, to neighborhood block parties or simply grilling out in their own backyards. It is not unusual for a person to have a drink or two on such occasions and then drive home. However, police across the state will be on the lookout this summer for those they believe are driving under the influence of alcohol.

Criminal defense: what is a grand jury and what does it do?

Anyone accused of a crime in New York may feel scared and confused, especially if they are facing serious charges and a potential trial. A criminal defense attorney can be the best source of information for individuals in such situations, but it is important to do all you can to educate yourself about the criminal court process and your rights. Today we are going to look at the grand jury process, which in New York will take place if a person is charged with a felony crime.

Second-degree robbery includes carjacking

Stealing a car by threatening or assaulting the driver is popularly known as carjacking. In New York carjacking is charged as robbery in the second degree.

New York Code section 160.10 provides that a person commits second-degree robbery if he or she steals a motor vehicle by force. Second-degree robbery also occurs if an individual steals property by force and is helped by a second individual who is present at the crime; or if in the course of committing the crime or fleeing therefrom, he or she injures another person or displays a firearm. Second-degree robbery is a class C felony in New York.

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