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The Difference Between Misdemeanor and Felony Crimes
Misdemeanor and Felony crimes are defined differently. Felony Crimes are crimes which are punishable by a year or more in prison. Violations are technically not crimes and tend to involve fines and no more then 15 days in jail. While misdemeanor crimes are punishable by at most one year. The location and particular circumstances of incarceration are handled by the department of corrections or on the federal level the bureau of prisons.
The felony classifications in NY are as follows:
A1
A2
B
C
D
E
Mis A
Mis B
Mis unclassified
Each of the above classifications of misdemeanor and felony crimes carry with it sentencing guidelines which may limit a Judge’s discretion during sentencing. One significant aspect of misdemeanor and felony crimes is that the Supreme Court has stated that any crime for which a jail term of one year or can be sentenced will be deemed a “serious crime” and will trigger a defendants right to a jury trial. In New York this means that a class A misdemeanor will mean that a defendant has a right to a jury trial. Many times felony convictions will mean certain rights such as the right hold public office, serve on a jury, vote, own firearms, the right to hold professional licenses such as in the areas of law or medicine and even the right to certain public housing will be terminated. These rights may or may not be terminated with the conviction of a misdemeanor. During the plea bargaining process prosecutors will sometimes be willing to drop charges from felonies to misdemeanors but this is often more difficult then negotiating a plea agreement to the initial charge.
Criminal Defense Attorney
Retaining an attorney that understands the potential consequences of a misdemeanor and felony conviction can make a huge difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.
Arraignment
The arraignment process in New York is one of the initial proceedings in a criminal case. From the client’s perspective, it can often be determinative of how effective their level of legal representation will be. If released on bail often the defendant will likely have easier and more open communication with their criminal defense attorney(s). They also will likely have more of an opportunity to hire an attorney that may specialize in the area or crime that they are charged with. Furthermore, they can take steps such as enrolling in a drug treatment program to pursue leniency from the courts and show that they wish to decrease their chances of recidivism. Criminal Procedure Law § 510.30 Application for recognizance or bail; rules of law and criteria controlling determination, states that some of the factors for courts to consider are,
The principal’s character, reputation, habits and mental condition; (ii) His employment and financial resources; and (iii) His family ties and the length of his residence if any in the community; and (iv) His criminal record if any…..
In theory, the purpose of bail is to ensure that a defendant will return to court for their next court date and not flee the jurisdiction. The options available for a defendant to pay their bail is typically a cash option or a bond option. The bond option will involve contacting a bail bond insurance company and posting some sort of collateral so that the bail bond company will pay bail for the defendant. Sometimes signing over a defendant or a defendant’s families house or car may occur.
Criminal Defense Attorney
Retaining an attorney that understands the nuances of bail applications can make a huge difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.
Criminal Hearings to Determine if a Search is Reasonable
The fourth amendment of the United States Constitution guarantees that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….” In recent times these principles have had real life consequences on New Yorkers with regard to issues such as the controversial “Stop and Frisk” policy of the NYPD, and arbitrary traffic stops that sometimes result in arrests for driving while intoxicated or drug offenses. There are three main types of criminal hearings in the New York Courts that are held to determine the reasonableness of police search and seizures that relate to these fourth amendment principles. These criminal hearings respectively are; Mapp, Huntley, and Dunaway hearings.
A Mapp Hearing deals with the admissibility of physical evidence obtained by the police as a result of an illegal search.
Huntley Hearings are held to determine if a defendant’s statements to police were made voluntarily and not coerced. If they are found to have been coerced then under the Huntley rule they will not be admissible as evidence.
A Dunaway hearing is held to determine whether evidence was obtained by police as the result of an arrest made where police lacked probable cause to make the arrest in the first place. If it is determined that police lacked probable cause to initiate an arrest any subsequent statements or evidence obtained by police as the result of the arrest will be held inadmissible in court.
Criminal Defense Attorney
Retaining an attorney that understands the nuances of these hearings and how to challenge the accuracy and veracity of evidence in court can and will make all the difference in your case. When you or a loved one are facing criminal charges, you need someone fighting on your side. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an experienced criminal defense attorney.
Premises Liability
This article is intended to give some insight into some interesting New York caselaw with regards to premises liability.
Eischelbaum v. Douglas Elliman, LLC, 52 AD3d 210 – a real estate broker does not possess the required level of control over a property they are showing to be held liable for dangerous conditions on the property.
Johnson v. City of New York, 7 A.D.3d 577 – when a property manager is furnished with violent crime statistics by housing authority police, a question of fact exists as to forseeability of crime and the need for security.
Singh v. United Cerebral Palsy of New York City, Inc., 72 AD3d 272 – where there is no exclusive service agreement for malfunctioning automatic elevator door for the premises, an issue of fact exists as to exclusive control and where premises liability lies.
These are a few of the issues that arise with premises liability actions in New York. And the fact of the matter is that this type of personal injury action is very complex. But, it is important to grasp premises liability concepts because not knowing where liability lies, can cost you a very lucrative award for injuries that are sustained at the premises.
The standard of care is that a landlord or property owner has a duty to maintain the property in a reasonably safe manner. Other factors that arise in these cases are the duty to warn, relationship of plaintiff to the property (tenant, licensee, etc.), forseeability, dangerous conditions, defects in design or construction and actual and constructive notice.
Personal Injury Attorneys
If you or someone you know has been injured on a piece of property owned by another person, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney.
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