As criminal defense attorneys in NYC, we hear this question from people we speak to almost daily. It is very common that couples or family members are drinking or getting on each other’s nerves and one of them or a neighbor decides to call the police. Often, people explain that they did not want the police to make an arrest, but instead wanted the police to either escort the other person out of the house to cool off, or to scare them so that they would calm down or stop drinking or using drugs. But, instead, the police chose to make an arrest or take a report and now there is a warrant out for their significant other/ family member. The next question is “can I drop it?” The short answer is it depends on what you have already said to the police at the point you change your mind/ what you have already signed. Before you make any decisions, it is important to speak with an experienced domestic violence lawyer. When the police are called to a domestic disturbance, the general policy is that they have to arrest whoever they deem to be the initial aggressor. Years ago, the police would get called to houses for domestic violence complaints and oftentimes, by the time they came, people would calm down and say they don’t want anyone arrested. The police would leave and then people would start arguing and drinking again and people got killed or seriously hurt in several instances. They then would sue the City for the police not doing their jobs and that is how some of these policies developed. The NYPD has certain policies in place to make sure that certain domestic disputes are prosecuted and orders of protection are put in place to separate people to keep them from hurting each other and then suing the City. So, when you call the cops because your girlfriend is drunk and smacks you and will not calm down, they come to the scene, separate both parties and ask them what happened. They will then ask you to sign what is called a DIR or Domestic Incident Report made up of several yellow and pink pieces of paper. They may ask you to write out what happened on one of those pages and then write it out in their own words and then ask you to sign it. Be careful and mindful of the fact that what you are signing is being signed under penalty of perjury. Read it over before signing it. Often, people will either tell me that they didn’t read what the office wrote and it was wrong or that they told the officer that they didn’t want their girlfriend/ boyfriend, etc arrested, but the officer told them that if they wrote out what happened and signed it, then they would let them go. WRONG. If you do not want anyone arrested, you should not write out or sign a DIR because if you do, and the allegations make out a crime, then there will be an arrest made. So, can you stop an arrest from happening after calling the police for a domestic violence allegation? It largely depends on the allegations and when you are trying to stop the arrest. If you called 911 and said something along the lines of please send the police my husband is out of control and nothing specific about what happened and then the police come and you do not cooperate with the investigation or tell them to leave, then it is likely yes, no arrest will be made. If you call the police and say, my husband, named John, smacked me around and I’m bleeding from the lip and missing a tooth, please send the police, then the police will likely make an arrest even if you do not want to cooperate because they may have enough probable cause from the 911 call and possibly seeing you injured or other witness statements. When the police arrive on the scene, you must understand that the more you cooperate with the investigation, the more likely an arrest is going to be made. The police are not there to sort out domestic disputes or calm people down, if the things you explain happened to make out a crime, they are making an arrest or issuing an icard to arrest the person upon police contact. For example, if you say “John smacked me in the face and threatened me with a knife, and my 5-year-old was in the room at the time, but John is a good guy, he was just drunk and he pays all the bills, etc…I just wanted you guys to come to scare him or sober him up,” John is either getting arrested on the scene or they are issuing an icard for his arrest upon contact with the police. In that scenario, John would likely be charged with misdemeanor domestic violence charges of Assault in the third degree, Menacing in the second degree, endangering the welfare of a child, as well as others and full orders of protection would be ordered by the Court on behalf of the wife and the child in the room. ACS would likely be called by the cops and ACS may file a neglect petition against John causing him to also have to appear in Family Court for subjecting the child to witnessing domestic violence. If John had left the scene and you signed the DIR, then changed your mind before he was arrested, you would not be able to stop the arrest from taking place. It is important to remember that it is not you v. him, it is the People of the State of New York that prosecutes defendants, and the decisions regarding charges are made by the prosecutors that work in the country of the occurrence. Via https://www.lebedinkofman.com/i-got-upset-and-called-the-cops-on-my-significant-other,-can-i-drop-the-charges-or-will-they-get-arrested-for-domestic-violence/
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Refusals are a whole subsection of DWI law on their own. Someone who refuses the breath or blood test will need to have a DMV hearing within 12 days of their refusal and arraignment, and the clerk of the court will inform you about the notice for a refusal hearing at the arraignment. It Is Possible to Get Your License Back at the ArraignmentYour license will be suspended at the arraignment, but you may be able to get it back when you go to this hearing if the police officer does not show up. You are then free to drive, and you will have your full driving privileges back until the second hearing. The police officer will usually not show up at the first hearing, which is why you should definitely attend and be represented by an attorney so that you can get your full driving privileges back. You Might Need to Join Certain Programs to Get Your License BackThe other issue will be the court. You will get a one-year license revocation and have to pay to get your license back if you lose at the hearing or if you default and do not attend. After that license revocation, if you plead guilty to a driving while ability impaired or driving while intoxicated charge, you will get the DDP, “Drinking Driver Program,” under the terms of your plea. You will be able to have a conditional driver’s license even if you lose this hearing or default on the hearing and your license is revoked. However, you will not be able to have a conditional driver’s license if you do not take DDP. These hearings are very important and are basically for the purpose of establishing that four elements have been met, namely that there was reasonable cause to pull you over, that there was probable cause to believe you were under the influence of alcohol, that the officer properly read you the refusal warnings which they would generally read off a card, and that you unequivocally denied taking this test. Our DUI / DWI lawyers in New York have handled thousands of these hearings, and we have won a lot of them. Lebedin Kofman LLP has been able to win these kinds of cases from every possible angle because we look through all the paperwork and the videos so we can attack a case from every angle. We try attacking the police officer’s reason for the stop, whether or not it was something we thought we could win. We recently won a case involving this same issue. Our client was a limo driver who was parked on a Monday at five o’clock in his work vehicle. He was parked standing in front of a fire hydrant and the police officer’s reason for pulling him over was that he was illegally parked in front of a hydrant so the officer wrote him a ticket. We actually found out that in the state of New York, it is not illegal to stand at a fire hydrant during hours of the day, meaning while it was daylight. We attacked the officer’s reasoning on that front and we were able to win the hearing by showing there was no probable cause for the officer to approach the vehicle and pull the person over. The next issue is whether or not the officer had probable cause to believe the person was intoxicated. We generally want to attack the first two elements with the most aggression. The second important element is to look through all of the paperwork and see if it matches up with what is shown on the video. The things that officers fill out on the paperwork are often just perfunctory — bloodshot or watery eyes, flushed face, messed up clothes, and the strong smell of alcohol — but then the video will show them filling out the paperwork, and the scenario would be completely different. This is a very important nuance to remember and confront the police officer about if they do show up at the hearing so we could make arguments on that issue. Often, the police officer on the stand at the hearing may say the person had alcohol on their breath, or they may say that the person made an admission to drinking. It is as though you are halfway there if you did not make an admission to drinking. This is very important throughout the DWI case, and we are sometimes able to win based on this issue. There is then the issue of whether or not the officer had accurately and correctly read the refusal warnings and whether or not the person had unequivocally refused, which is why the report of refusal is generally the most important part of the hearing. Police officers usually do not come to the first appearance, and they often do not make it to the second appearance either. If the police officer does not make it to the second appearance for the hearing, then the only evidence that would get put into the record against you is this report of refusal. This is why that is the single most important document. The case could be put aside if we look through it and find that the police officer had made errors in the way they had filled out this paperwork. This actually happens a lot more often than people think, and it would just be a matter of noticing it, making the arguments, and then jumping on top of it. We are sometimes able to win the hearing just based on that. We were recently at a refusal hearing where the officer did not show up to the second hearing as well, and the ALJ, or the “Administrative Law Judge,” was about to rule against our client. However, we then got the documents and noticed the way the police officer had filled it out. The officer had never actually put the word, “no” in the section where it asked whether the defendant had unequivocally said he would not take the test. We were able to win the hearing because of arguments we made based on just that because that was the only thing on the record. Things like this happen all the time, and it can be very detailed when it comes to these refusal hearings. That is why you should fight tooth and nail if your license was revoked because a revoked license would generally have a very large impact on you. You also have to pay a lot of money to get your license back, your insurance will go up, and you will feel the impact of that for a long time. Call our DUI attorneys in New York today at (646) 663-4430 to learn more about how we can help you. Contact us now to schedule your free consultation. Via https://www.lebedinkofman.com/can-refusing-dui-test-affect-your-license/ It is important to know the landscape of where the case is heard. In Manhattan, for example, there are no alternative programs available for someone who is arrested on DWI since they are generally very strict on these types of cases. They want you to take a misdemeanor conviction if you were above a 0.14, which is why we end up going to trial on a lot of these cases and fighting them. However, Brooklyn, Bronx, Queens, and Staten Island do have certain programs available for first-time offenders or sometimes even second-time offenders. This would be for cases where the conviction would have a very bad effect on your job or ability to earn a living. You Might End up with BACtrack or an Ankle BraceletWe could also get you a two-step conditional plea, meaning you would have to plead guilty to a misdemeanor and then participate in a program. You would then either have to wear an ankle bracelet for three or six months to monitor your alcohol levels, or you would have a keychain called a BACtrack which you would have to breathe into a couple of times a day to show you were not consuming alcohol. TASC MonitoringYou may also get TASC monitoring for which you would have to come in once a week to give a urine test to prove you were not consuming alcohol. It can sometimes get even more intensive with the AEP, Alcohol Education Program, and DDP, Drinking Driving Program. Ignition Interlock DevicesYou might need to install the interlock ignition system for six months to a year to show you are committed and you understand you made a mistake. If you behave yourself, you may be allowed to come back so that the misdemeanor would get erased and you would be left with just a violation. Attending Rehabilitative Programs Can Help Reduce PenaltiesPeople who end up going through these programs generally have a much better understanding and appreciation for why this should never happen again and why they should stay out of trouble, as compared to the prosecutor’s approach or perspective that no, they did not need these types of programs and that you had to take a misdemeanor because your reading was above a 0.14. These people may end up taking a misdemeanor conviction, but they would not have anywhere near the appreciation as someone who ended up wearing an ankle bracelet so they could monitor their alcohol levels for six months. It is a hassle to go to classes a couple of times a week and then come back to court every couple of months because the case drags on for a year, which is why someone who had to go through all of this process would really never want to do it again. Unfortunately, these options are not offered in all counties. However, it would still be a possibility, provided your attorney could make a compelling argument for you, which is something we are oftentimes able to do for clients. We recently handled a case where we were able to get a conditional plea for a client who had an alcohol reading of 0.21, and he had gotten into a head-on collision in his car. Our DWI attorneys were able to get him into a program where he had to wear an ankle bracelet for six months, and he got TASC monitoring. He had to come into TASC for urinalysis once a week, and then after approximately a year of monitoring, we were able to come back and get him a violation where he had no criminal record. These are things that should be taken into consideration, and this is why it is important to know the landscape of where you are waging the battle. We are often able to get reductions in charges for our clients, and in our practice, it is extremely rare for our clients to end up pleading guilty to what they were initially charged with. We take this practice very seriously and we take our clients’ lives very seriously. Our business is based off of referrals, so it would be impossible to ever find a client who would say that we did not fight our heart out to try to get them the absolute best possible deal. We tell our clients that we want to be their lawyers for life, and we want to handle everything they need as they move forward. We also do this for other attorneys who work for us and who handle a lot of different practice areas. It would be very rare for one of our clients to plead guilty to a crime or be convicted of the crime they were charged with. If you do go to trial, you will do so based on an understanding that you have a very good chance, and this decision will be made together with the client. Of course, it would ultimately be the client’s decision, but we will lay out all the possibilities for them and fight like crazy at the trial. We do our very best to get the client a dismissal of all charges. Contact our DWI lawyers at (646) 663-4430 to schedule your free consultation. Via https://www.lebedinkofman.com/alternative-programs-for-first-time-offenders/ When facing DWI charges in New York, you are considered innocent until the prosecution has proven you guilty beyond a reasonable doubt. This is a high burden of proof for prosecutors, and there are many arguments available to defense attorneys to create that doubt in a DWI case. Lebedin Kofman Case Results All criminal charges were dismissed for the client charged with Felony DWI in Manhattan. Our client was pulled over at 2 am in Manhattan after refusing to stop for over 20 blocks. He admitted to the officer that he had 4 drinks before driving, marijuana, and prescription pills in his possession but refused to take a breathalyzer. He was also alleged to have been driving while his license was suspended as he had already had 2 prior DWI cases. He was charged with felony DWI VTL 1192.3 and VTL 1192.1 in criminal court and had refused to submit to a chemical test hearing in the DMV. Lebedin Kofman was able to win the DMV refusal to submit to a chemical test hearing for this client and secured dismissal of all of the criminal charges against him in criminal court. E felony criminal contempt in the first-degree domestic violence case was dismissed in Kings County. Our client was charged with felony domestic violence in Brooklyn, Kings County alleged violations of an order of protection via blocked phone calls and threats. The charges included: There are three main categories of defense options that DWI attorneys commonly use when representing clients facing DWI charges:
Insufficient Evidence to ChargeLaw enforcement does not have unlimited latitude when making traffic stops. Limits are placed on police authority to ensure individuals’ rights against unlawful search and seizure. Consequently, police have to operate within the limits of the law whenever making a traffic stop. A law enforcement officer may make a traffic stop if there is
When a traffic stop is conducted unlawfully, it invalidates any evidence that was collected. Without sufficient evidence, a trial would be a waste of the state’s time, and charges will be dropped. Insufficient Evidence to ConvictEven when the prosecution has sufficient evidence to bring charges and continue to trial, they still must prove guilt beyond a reasonable doubt. In this case, it is the job of the defense to cast doubt on the evidence, the way it was collected, or its results. A skilled criminal defense attorney in New York may do this by questioning the accuracy of the BAC test results, its lawful collection, or a law enforcement officer’s testimony regarding the defendant’s intoxication. Police procedures must be strictly followed and testing handled with great care. If there is doubt concerning the collection of evidence, the legitimacy of the results, or other possible errors, charges may be dismissed. Procedural Mistakes MadeDefendants in criminal cases are afforded important legal protections and procedures must be maintained in order to keep the system as fair as possible. If errors are made, it can derail the prosecution’s case. Errors can include things such as
When the state makes procedural mistakes, charges can be dismissed. There are times when there is simply no way to have DWI charges dismissed entirely. In these cases, the defense will look at other options, such as getting charges reduced to lessen the severity of the penalties. Getting Skilled Legal RepresentationWhile there may be multiple ways to reduce the negative impact of a DWI, it is never a good idea to face the system alone. It is critical to have the assistance of an experienced DWI defense attorney in NY who understands the laws and the complicated nature of DWI violations and their consequences. At Lebedin Kofman, we believe all individuals who have been charged with a DWI in New York deserve a quality defense. If you are facing DWI charges, call our skilled team of New York DWI lawyers at (646) 663-4430 or contact us through our website contact form to schedule a free consultation. Via https://www.lebedinkofman.com/how-do-you-win-a-dwi-case-in-ny/ It is difficult for police officers to detect if you are under the influence of drugs unless they pull you over and there is evidence of drugs in the vehicle. A very important nuanced point to remember is to never ever consent to allowing the police to search your vehicle. Whenever the police pull you over, they are standing over you in each of your windows. Understandably, you might be scared because you have not been in this kind of position before. The officers might even raise their voices, so you might be intimidated and just give into whatever the officer asks you to do. Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to learn more about our DWI attorneys and how we can assist you. Remember Your First Amendment RightsYou are generally not arrested unless you admit something to the police officer because the officer has to see that you are impaired or intoxicated before they ask you to get out of the car. The first thing they will do is ask what you have taken, what you smoked, and what you drank. Fifty percent of the battle is telling the officer that you do not drink, smoke, or take drugs. Although, if you say that but still appear impaired, then the officer will pull you out of the car and, if you pass the Alco-Sensor, they might take you in under suspicion of being on narcotics. You Do Not Need to Consent to Being SearchedIt is very important for you to know your rights. You have a right to not be searched without a warrant, and you should never consent to allowing the police to search your vehicle. This would almost sound counterintuitive, but people do get pulled over all the time and, even though they know they have evidence of drugs or drugs themselves, they still consent to allowing the police officer to search the car. Although it is baffling, this happens every single day. You should always remember to never allow this to happen. It would be the same thing as making a confession. It Is Illegal to Smoke Marijuana While DrivingWith drug cases, people usually get pulled over because they are smoking marijuana in the vehicle. This is actually something we see all the time because people tend to think that driving along the highway and smoking marijuana is a good idea; but when they get pulled over, they are essentially holding a smoking gun. You could throw the joint out the window, but the car will still stink like marijuana. There may be smoke coming out of the car and you may have bloodshot, watery eyes. There might even be a residue of marijuana either in the car or all over your shirt. The police officer will ask if you had been smoking marijuana, and then most likely you would say yes, you had smoked a couple of hours ago or whenever it was. You might even be under the influence of some other drugs or prescription drugs. Our DWI lawyers can help you. As your representative, we will fight for a reduction or dismissal of your charges. Call us at (646) 663-4430 to schedule your free consultation. Via https://www.lebedinkofman.com/are-dwi-cases-involving-drugs-common/ Under New York State law, no person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted to vehicles equipped with an ignition interlock device unless the vehicle is so equipped. A person knowingly rents, leases, or lends a motor vehicle which is not equipped with an ignition interlock device when that person is aware that he or she is doing so. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant knowingly rented, leased, or lent a motor vehicle which was not equipped with an ignition interlock device to another person; and (2) the defendant knew that the other person’s driving privileges were restricted to a vehicle equipped with an ignition interlock device. Circumvention of an Interlock Device 1198(9)(a)Under New York State law, a person who is required by law to use an ignition interlock device to operate a motor vehicle shall not request, solicit, or allow any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the restricted person with an operable motor vehicle. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That on the date alleged, the defendant’s driving privilege was restricted by law to operating a motor vehicle with an ignition interlock device; (2) that on the date alleged, the defendant requested, solicited, or allowed another person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device; and (3) that the defendant did so for the purpose of providing himself or herself with an operable motor vehicle. To learn more about ignition interlock devices and how our DWI lawyers can help you, contact us at (646) 663-4430 and schedule a free consultation. Circumvention of an Interlock Device 1198(9)(b)Under New York State law, no person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by law to operating a motor vehicle with an ignition interlock device. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant blew into an ignition interlock device or started a motor vehicle equipped with the device; and (2) the defendant did so for the purpose of providing himself or herself with an operable motor vehicle. Circumvention of an Interlock Device 1198(9)(c)Under New York State law, no person shall tamper with or circumvent an otherwise operable ignition interlock device. If convicted, this crime will result in a Class A misdemeanor. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt that on the date alleged, the defendant tampered with or circumvented an otherwise operable ignition interlock device. Circumvention of an Interlock Device 1198(9)(d)Under New York State law, no person subject to a court ordered ignition interlock device shall operate a motor vehicle without such device. A person is subject to a court ordered ignition interlock device when he or she is required or otherwise ordered by a court as a condition of probation or conditional discharge to install and operate an ignition interlock device in any vehicle which he or she owns or operates. If convicted, this crime will result in a Class A misdemeanor. A motor vehicle, as defined by this statute, means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running. To be convicted of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant operated a motor vehicle without an ignition interlock device; and (2) that the defendant did so while he or she was subject to a court ordered ignition interlock device. To speak with one of our knowledgeable DWI attorneys about your charges and ignition interlock device, call (646) 663-4430 or contact us online and schedule your free consultation. New York DWIs Minimum Term for Ignition Interlock DevicesNew Yorkers who are convicted in New York of misdemeanors and felony DWIs will typically be required to install ignition interlocks in their cars for a 12-month period. This requirement applies to several types of drunk driving convictions, including:
Motorists that are required to have and maintain ignition interlock systems on their cars will also be given an “ignition interlock” designation on their driver’s licenses. Leandra’s LawLeandra’s law was adopted in November 2009. It is one of the New York statutes requiring IIDs for DWIs. Leandra, an eleven-year-old girl, was killed in a DWI crash when a friend’s mother was driving drunk. It led to many updates to New York Vehicle and Traffic Laws. The state now requires ignition interlock devices in all DWI cases. Via https://www.lebedinkofman.com/ignition-interlock-devices/ You should not be arrested if you have a blood alcohol content (BAC) reading between 0.00 and 0.04. In that case, it would not be illegal to drive. However, if your blood alcohol level ranged between 0.05 and 0.07 it would be considered an infraction of driving while ability impaired. Your Own Admission to Drinking Can Give the Officer a Reason to Arrest YouPolice officers often believe a person is impaired if they make an admission that they had been drinking. They will then place the person under arrest, even though they maybe had a very low reading on the initial Breathalyzer or Alco-Sensor when they were pulled over. The police officer can place the person under arrest for a common law DWI, driving while ability impaired, for appearing to be intoxicated under the common law signs of bloodshot eyes, smell of alcohol, admission of consuming alcohol, stumbling, falling all over the place, or having messy clothes. Before you make any decisions, it’s important to speak with a Manhattan criminal attorney. Police Officers Do Not Risk Letting People Go If They Might Even Be Slightly IntoxicatedThe officer can and would often still place you under arrest with a reading below the legal limit because they do not want to make a mistake by letting you go. Even though you may have only had a couple of drinks, your blood alcohol level may be on the rise. Secondly, if you got into an accident or hurt somebody, then it would be likely for that police officer to end up losing their job. This is why police officers tend to err on the side of caution, and it is often why they place people under arrest regardless. If your reading was still low when you got to the precinct and made the video, then the police officer would often ask you to take a urine test because, although you had an overly low reading, you still appeared intoxicated to the officer. The officer may reach the conclusion that the intoxication was probably due to the influence of drugs. This would come with its own issues because a lot of our clients tend to get pulled over with a very low reading, and then the officer wants to substantiate the arrest and may ask them to take a urine test at the precinct. Speak with an experienced Manhattan DWI lawyer today. About Drug TestingPeople generally have the idea that even though they have not consumed drugs or smoked marijuana, the marijuana will stay in their system for over two weeks and sometimes even a month. They will then often refuse the test because they are expecting it to show a positive result. If they did not smoke marijuana that day, but may have had one or two drinks so they were not intoxicated or impaired, they would end up with a full-blown misdemeanor case where they would be charged with refusing to take a test. They generally end up with their license suspended at the arraignment and they will face misdemeanor charges. The most important thing is to never make any admissions whatsoever about doing drugs or drinking alcohol to a police officer. You should always ask for your attorney from the very beginning. Always Ask to Speak to Your AttorneyYou should even ask for your attorney afterwards, when you are on the video in the precinct. You should clearly tell the officer that you need to get your attorney on the phone and that you do not want to take any tests or answer any questions without your attorney present. You should tell the officer that you have specifically been advised on numerous occasions regarding this, and you can request the officer to try to get your attorney on the phone. Our DWI lawyers in New York have personally won a lot of cases where people specifically asked for their attorney and refused all tests so we were able to leverage the way they looked on the video. We were able to argue that our client was not impaired or intoxicated because they were within their wherewithal to ask for an attorney, which proved that their mind was working and they were clear. They looked okay, and they were not taking any tests, which meant they were not giving the officers any opportunities to say they did something incorrectly. We argued that our client made the kind of smart decisions that could be expected from somebody who had never been arrested before. They were scared, and they said they did not want to do anything without a lawyer because they had no idea what would happen in this process. If the police officer asks you to take the tests and you keep saying you want to talk to your lawyer, then the officer will specifically have to advise you that you are not saying yes or no. You were just saying you wanted to talk to your attorney, so at that point, they would decide to mark that as a refusal. We have won multiple cases on this point, in refusal hearings as well as criminal court hearings, where the arrest and the refusal were suppressed because the officer did not clarify the conditions of the refusal. They did not have a good understanding or proper understanding of all the nuanced things they had to do. Either they did not have enough time, it was late, they forgot, or whatever reason they had. The police will often say that someone who blew below a 0.08 was common law intoxicated, or they may try to find a reason to arrest you so they could give you a urine test to see if any drugs come up in your system. As far as commercial drivers are concerned, any plea for a commercial driver will result in an 18-month driver’s license revocation. There are similar issues with underage drivers because there is a zero tolerance policy for anyone arrested as an underage driver, so they are arrested right away. Any plea, even for DWAI, will result in a one-year revocation, and their license will either be revoked for one year or until they reach the age of 21, whichever is longer. Contact our New York DWI attorneys at (646) 663-4430 to schedule a free consultation. Via https://www.lebedinkofman.com/do-laws-address-bac-levels-below-0-8/ According to the National Coalition for Domestic Violence, approximately 20 individuals per second are abused by a domestic partner in the United States. Domestic violence has become a nationwide problem, leaving law enforcement to take all accusations of domestic violence very seriously. While this is very good for vulnerable victims, there are serious implications for innocent parties who have been wrongfully accused. Lebedin Kofman Case Outcome E felony criminal contempt in the first-degree domestic violence case was dismissed in Kings County. Our client was charged with felony domestic violence in Brooklyn, Kings County alleged violations of an order of protection via blocked phone calls and threats. The charges included: PL 215.51 B3 Crim Contempt-1st:communicates E Felony PL 215.51 B4 Crim Contempt-1st:telephones E Felony PL 215.50 03 Crim Contempt-2nd:disobey Crt PL 240.30 1A Agg Harassment 2 – Threat PL 240.30 1B Aggravated Harassment 2nd PL 240.30 02 Agg Harass 2 -threat By Phone PL 240.26 01 Harassment 2nd- Phy Contact Lebedin Kofman vigorously defended these allegations for months, refusing to accept any plea on the case until securing a dismissal of all charges and a full dismissal of the case. In some domestic violence calls, the accuser, for whatever reason, has made a false accusation, often in the heat of the moment. Many of these false accusations are in connection with divorce or family cases. Unfortunately, this happens far more frequently than many people realize. But because these are serious criminal allegations, even when the accusations are false, the accused must still take them very seriously. If you are facing charges of domestic violence, it is important to seek the legal advice of an experienced domestic violence lawyers. Having a skilled attorney may be able to help you understand your rights and protect your freedom. The Accuser Can’t Just “Drop Charges”Domestic violence charges are serious criminal charges. Because of the dangerous nature of domestic violence, the state has strengthened arrest procedures, and New York law enforcement officers are now required to make a mandatory arrest when they have probable cause to believe that violence has occurred. The state brings criminal charges, so once the arrest has been made and charges filed, only the state can dismiss them. Despite popular belief, the accuser cannot just “drop charges,” and everything will go away. This leaves the defendant to face these domestic violence charges, regardless of whether they are true or not. When Will the Prosecution Dismiss Domestic Violence Charges?Although the state takes domestic violence charges very seriously, the courts do not want to waste time and money prosecuting false claims. There are instances when domestic violence charges may be dismissed before they get to trial.
The Importance of Legal RepresentationIf you are facing criminal domestic violence charges, a conviction will have a long-lasting impact on your life, reputation, and future. Even if accusations are false, it is critical to have an aggressive legal defense since these cases are prosecuted aggressively. An experienced New York criminal defense attorney will thoroughly investigate the incident and explore your legal options. Call the experienced criminal defense team at Lebedin Kofman LLC at (646) 663-4430 or contact us via our website contact form. You deserve a skilled legal defense when you are facing serious criminal charges. We will be there each step of the way to ensure that your rights are being represented and to advocate for your best possible legal outcome. Via https://www.lebedinkofman.com/how-to-get-a-domestic-violence-case-dismissed/ |
About UsLebedin Kofman LLP are New York City criminal defense attorneys who represent clients that are charged with crimes such as fraud, domestic violence, federal crimes, DWI, DUI, and white-collar crimes. If you are looking for a defense lawyer, call for a free consultation today with one of our attorneys in New York: (646) 663-4430 ArchivesNo Archives Categories |