Probation is a very common outcome to many cases in the State of New York. While it is common to have 3 year probation (misdemeanors) and 5 year probation (felonies) periods, most peole are unaware of the fact that after serving just a bit over half of their probationary period they may petition for an early release.
An attorney could assist you in getting off of probation after serving only half the time. This is EXTREMELY important because probation is without question a major imposition on anyones life, however where it is the biggest problem where a person is arrested again while on probation, if the possibility exists to escape from the grips of the probation officers hands this should be done as soon as possible.
Ive encountered many cases where a person was unaware of the fact that they qualified for early release from probation and was rearrested on a minor charge, however the fact that they were still on probation creates a major issues unnecessarily.
lesson to be learned... know your rights in any given situation and ensure you claim them the very moment youre entitled to them!
Monday, February 2, 2009
when parole is NOT part of the deal...
Recently the courts have been flooded with a new phenomenon. In many cases, while legally it is a give that for certain sentences a period of post release supervision is MANDATORY under new york state law. It seems as if many judges have simply forgotten to mention it in the sentencing of many defendants, and after being released from serving time Defendants are shocked to find out that they have to serve a period of post release supervision.
Many Defendants have given in and simply go through the period of post release supervision without realizing that they could potentially be released off of it due to the fact it was never part of the deal originally promised to them.
It is important to know your rights in any given situation, especially when something could potentially have such a major impact on your freedom.
Many Defendants have given in and simply go through the period of post release supervision without realizing that they could potentially be released off of it due to the fact it was never part of the deal originally promised to them.
It is important to know your rights in any given situation, especially when something could potentially have such a major impact on your freedom.
Sunday, February 1, 2009
DWI and keeping your license...
Many clients call my office with similar questions regarding their drivers licenses in DWI cases. As the owner of BYEDWI.com and a firm that handles many DWI/DUI cases I'm in a good position to answer these questions.
While on the conviction of any DWI there is a suspension of driving privileges that is mandatory, under law... there are ways around this during and after the trial process.
In many instances there are usualy two options in order to keep your driving privileges during the life of your court case.
Hardship licenses are issued by the court, in order to earn one your attorney must request a hearing before the judge on your case and must prove hardship in basic travelling for the essential daily required travels, such as going to work or doctors or dropping of the kids to school. In some instances it may be very hard to get such a license depending on availability of public transportation and other options for travel.
Conditional licenses are the other option, they are nowhere near as difficult to acquire, all that is needed is an application to the DMV. There however is a period of time which you may NOT apply for this option directly after your arrest, in order to get around this your lawyer may ask for a stay of the suspension of your license... meaning essentially that your license will not be suspended until the time you qualify for a conditional license, ensuring there is no void in your driving privileges.
In many cases people chose to drive after their license has been suspended by the court, and before acquiring a conditional or hardship license. Please be aware that you WILL be arrested if you are stopped driving without license, and that this is a .misdemeanor charge
While on the conviction of any DWI there is a suspension of driving privileges that is mandatory, under law... there are ways around this during and after the trial process.
In many instances there are usualy two options in order to keep your driving privileges during the life of your court case.
Hardship licenses are issued by the court, in order to earn one your attorney must request a hearing before the judge on your case and must prove hardship in basic travelling for the essential daily required travels, such as going to work or doctors or dropping of the kids to school. In some instances it may be very hard to get such a license depending on availability of public transportation and other options for travel.
Conditional licenses are the other option, they are nowhere near as difficult to acquire, all that is needed is an application to the DMV. There however is a period of time which you may NOT apply for this option directly after your arrest, in order to get around this your lawyer may ask for a stay of the suspension of your license... meaning essentially that your license will not be suspended until the time you qualify for a conditional license, ensuring there is no void in your driving privileges.
In many cases people chose to drive after their license has been suspended by the court, and before acquiring a conditional or hardship license. Please be aware that you WILL be arrested if you are stopped driving without license, and that this is a .misdemeanor charge
Public urination...
Recently the city has seemingly been cracking down on cases for public urination. This is without question one of the most commonly committed legal offenses in the city of new york. In general, for the most part, such a charge is a relatively minor charge comparatively. However, it is truly frightening what famifications such a charge could have.
In many instances licensed professionals such as attorneys, doctors and stock brokers could potentially face serious collateral consequences by their licensing agency.
In essence it would seem this is a true example of the greater the social rise the greater the potential fall.
In many instances licensed professionals such as attorneys, doctors and stock brokers could potentially face serious collateral consequences by their licensing agency.
In essence it would seem this is a true example of the greater the social rise the greater the potential fall.
Subscribe to:
Posts (Atom)
