by Lindsay BernsteinNew York Traffic Ticket Appeals
You may think you were wrongly accused and convicted of a traffic ticket violation unfairly. If this is the case, contact a traffic ticket attorney in New York immediately. They can direct you in completing all necessary forms and filing the paperwork. They can also review your documents to ensure everything gets completed properly.
While you can conveniently appeal a Traffic Violations Bureau (TVB) conviction by mail or online, consult a traffic lawyer for a speedier process and a better chance of a favorable outcome to your case.
Schedule a Free Initial Consultation Today!
Rules and Guidelines for Appealing a Traffic Ticket Conviction
You have to file an appeal 30 days from the conviction date. You’ll need to pay a $10 non-refundable fee as well. Just because you submit an appeal online or by mail does not mean acceptance of the legal request.
The DMV Appeals Board still has to decide if the appeal meets certain legal requirements.
The words Traffic Violations Bureau must appear at the bottom of your traffic ticket. You can’t file an appeal with the DMV if you don’t see the words on the ticket.
If the words do appear, you’ll receive a three-digit code that you can use later to review the status of the online request. You can appeal one conviction at a time online.
Gathering the Required Information
To appeal online, you’ll need:
- The DMV ID number from your New York driver’s license, learner’s permit, or non-driver’s photo ID card
- Your name, birth date, and gender, as shown on the traffic ticket
- Your mailing address (If the address is different from your DMV address, the system will not instantly update the address you have on file with the DMV)
- An appeal argument explaining the reasons for appealing the ticket
- Your attorney’s name and mailing address or the traffic ticket lawyer representing you in your case
- If you’re requesting a stay of a driver’s license suspension or revocation resulting from the conviction, you’ll need to submit a Stay Argument in writing
Important Rules to Remember When Submitting an Appeal Online
Exhibits and Arguments That You Can’t File Online
If you cannot submit exhibits or arguments online, or they won’t fit into the provided space, you can mail them to the DMV.
Any evidence, documents, or exhibits not considered by a hearing officer can’t be filed with the appeal. A traffic ticket attorney can organize and properly submit the correct exhibits and arguments.
You Cannot Cancel an Online Appeal
After you confirm your information or submit the details for the appeal, you can’t go back and cancel the appeal.
You Cannot Edit an Online Appeal
When submitting an appeal online, you can’t edit the appeal argument or additional appeal arguments after filing them online.
You Might Include Additional Appeal Arguments
If you request a transcript for review for your online appeal, you may submit an extra appeal argument within 30 days of receiving the ordered transcript.
To enter an additional argument, you’ll need to insert the traffic ticket number and your DMV ID number from your driver’s license, learner’s permit, or non-driver photo ID. You may also submit your name, date of birth, or three-digit code to submit the additional argument.
Submitting an Appeal for a Traffic Ticket by Mail
If you choose to appeal by mail, you must mail a Traffic Violations Bureau Appeal form and the $10 appeal fee to the board for appeals in Albany.
Winning an Appeal for a Traffic Ticket Violation
It’s important to consult with a traffic ticket lawyer if you feel you were wrongly convicted of a traffic violation and received a ticket in error. An attorney can review the circumstances of the case and advise you on the success of submitting an appeal.
Remember, you won’t win an appeal unless you can argue successfully that an officer’s version of the events is incorrect or the judge made a legal error. Therefore, talk to an attorney before you appeal a traffic ticket or similar offense.
Breaking the Speed Limit – How It Affects Your Driving Record
Below are the points New York issues for violating speed limits:
- Up to 10 miles over the posted speed limit – three points
- 11 to 20 miles over the speed limit – four points
- 21 to 30 miles over the speed limit – six points
- 31 to 40 miles over the speed limit – eight points
If you drive 40 miles over the speed limit, you’ll be assessed 11 points.
Points for Other Moving Violations
Improper passing adds three points to your license. You’ll also receive three points for disobeying a stop, yield, or traffic control sign.
Driving over a railroad crossing when you were supposed to stop adds five points to your license. You’ll also accumulate five points if you’re caught texting while driving.
Improperly turning or not using a turn signal when turning adds two points to your driver’s license.
How Long a Violation and Points Stay on Your Record and License
A traffic violation stays on a New York driving record three years after a conviction. The points you accumulate count for 18 months from the date of the offense. You can face a suspension if you collect 11 points within 18 months.
Parking Tickets and Points
If you get a parking ticket, it will not result in points. This non-moving violation does not end up on your driving record since the law does not consider it a safety violation.
Situations When an Appeal is Advisable
Not every traffic violation is straightforward. You can argue your case if you want to reduce the fine or dispute the ticket. Again, consulting with a traffic attorney can get the advice you need to see if it’s worth moving forward.
You might go ahead with an appeal in the following instances:
It’s Your First Ticket
If you receive a first traffic ticket, you may worry about keeping your driving record clean. After all, a driver with a ticket-free record pays lower auto insurance rates. Drivers without tickets may also qualify for discounts for safe driving.
You Don’t Want to Add More Points
If your point total is dangerously close to a suspension, you might appeal a ticket if you believe the ticket was unfair. In this case, you have nothing to lose and everything to gain. A traffic ticket attorney can direct you on the best course of action to take.
The Law Enforcement Officer Pulled Over Your Car By Mistake
A traffic enforcement officer may have pulled you over when a driver in a similar-looking vehicle actually violated the law. A dashcam or another video of an obstruction at the scene may demonstrate the error.
You Broke a Traffic Law to Prevent an Auto Accident
Maybe you’re given a ticket for not using your signal when changing lanes. In this case, the omission may have occurred to avoid an accident. This may hold true as well if you go over the speed limit to avoid a dangerous or out-of-control car.
You also might fight a ticket if you had to pull over quickly, without a signal, due to a mechanical issue. A mechanical issue might also cause you to drive on the shoulder of the road or slow down to a crawl.
You Receive a Ticket for Speeding Even When You’re Driving Safely
You may fight a ticket if you were slightly over the speed limit, provided the conditions were safe and you were trying to keep pace with the traffic flow.
A Radar Gun Was Responsible for Your Ticket
Sometimes, an incorrectly calibrated radar gun can result in a faulty reading.
You Notice Mistakes on Your Parking Ticket
A ticket might show the wrong road or highway or refer to the wrong moving violation.
When It’s Better to Pay the Ticket and Avoid an Appeal
It’s better to just pay the ticket if:
- The ticket concerns a non-moving violation and won’t add points to your license
- A traffic camera at a red light captured you speeding
- Your defense is – you didn’t know the law
Also, if you drive safely and do not expect to receive a ticket in the future, it may be better to move forward by paying the fine.
Reducing Points and the Costs of Insurance through PRIP in New York
There might be other ways to reduce your points without appealing a conviction. For example, you can drop up to four points off your license if you sign up for a point and reduction (PRIP) program in New York.
As the name suggests, this program can also lower what you pay in insurance. Again, a traffic ticket attorney is an important ally if you believe you should fight a ticket conviction.
You and your lawyer might think about fighting a speeding ticket, for instance, if you receive a ticket that increases your insurance. This is especially true if you feel you weren’t exceeding the speed limit and/or haven’t received prior convictions.
Why It’s Best to Work With a Traffic Ticket Lawyer
While you can file documents and forms online for a traffic ticket appeal, a lawyer will add valuable assistance. Ensure the attorney you recruit practices this type of law in New York. Read their reviews and find out more about their educational and professional background.
Below are some major advantages you’ll experience when working with a lawyer.
A Full Assessment of Your Case
Your attorney will review all the ticket details, the incident’s circumstances, and consider the evidence. They can use this information to advise you on the likelihood that you’ll win and whether it’s worth your effort.
Better Communications
Traffic laws and procedures can be confusing. Because a traffic ticket attorney is well-versed in specific regulations and rules, they can direct you through the appeals process, ensuring you follow the required steps and meet the deadlines.
A Reduction or Dismissal of the Charges
A traffic attorney may reduce your charges and present a strong defense on your behalf. For example, they might cross-examine the officer who issued the citation and challenge the evidence. This may lead to a reduction or, better yet, a dismissal of the charges.
Added Protection
Because a ticket conviction can add points to your driving record or increase your insurance rates, the services of an attorney can help minimize these possible consequences, thereby protecting your driving record.
Better Organization and Management
Because you have a variety of documents and motions to file, an attorney can relieve the burden. They can handle administrative tasks accurately, ensuring every aspect of the appeals process goes as planned.
While you may pay more to hire a traffic ticket attorney, their knowledge can significantly improve the results of the appeals process.
How Much Money Can You Save By Winning an Appeal?
What you save by winning an appeal can vary, depending on the location and specific moving violation. Fees for moving violations in New York may range from around $140 to $700 for reckless driving. Even exceeding the speed limit by two miles per hour can lead to a fine of over $100.
It’s important to note, as well, that you’ll enjoy potential savings by avoiding added points to your driving record, which increases insurance rates and may even lead to a license suspension. You may need to pay additional fees or surcharges.
An experienced traffic ticket lawyer can calculate the savings and give you a more precise estimate based on the details and the local laws.
If a successful appeal can save you almost 20 percent of what you pay for insurance, hire an attorney to appeal.
Contact a New York Traffic Ticket Attorney Now
The best way to understand your rights in a traffic ticket appeal is to discuss your situation with a traffic lawyer. They have an intricate knowledge of traffic laws and the appeals process and can also seek a more positive outcome. Consult a criminal defense lawyer right away.
by Lindsay BernsteinHow to Use Dashcam Footage to Fight a New York Speeding Ticket Violation
You can use your dashboard’s camera to your advantage, whether traveling on a long journey or driving a daily commute.
You can use the camera to show who is at fault in an accident or record footage to fight a speeding ticket in New York.
If you receive an unfair speeding ticket, contact a speeding ticket attorney.
Schedule a Free Initial Consultation Today!
Dashcam Features
A dashcam is popular among commercial drivers, transport companies, fleet owners, and motorists, as the device provides both versatility and security.
You can use a dashcam to fight the charge if you receive a speeding ticket. Most dashcams have GPS capabilities that record your location and speed.
Some camera models feature speed alerts that warn you when you exceed the posted speed limit while traveling.
High Resolution
When you’re fighting a speeding ticket in New York, you want to make sure the resolution of the dashcam’s footage is good.
A high-definition (HD) camera with good resolution can show the posted speed, which may further support your claim that you did not break the speed limit.
Otherwise, you may not use the evidence in court. It helps if your camera features night vision capabilities that capture the road in low-light conditions.
Impact Sensors
Some cameras have impact sensors, which detect G-forces or vibrations during an accident. This feature can determine the severity of an incident and provide important details for insurance purposes.
Wi-Fi Connectivity
Wi-Fi connectivity allows you to view dashcam footage with your tablet or smartphone—a helpful feature when you’re not in your vehicle or need to present evidence in court.
You can fight a speeding ticket with the information from your dashcam device. Because New York strictly enforces traffic laws, having a dashcam recording of your speed can save you from paying a fine or keep you from accumulating points on your driving record.
The Points System
A speeding ticket may cause you to add three to 11 points to your driving record, depending on how fast you were going over the speed limit when you were caught speeding. Receiving 11 points within 18 months can lead to a suspension of your license or driving privileges.
With a dashcam to record your speed, you may use your device to spar with the cameras and radar used by police and New York jurisdictions.
Understanding the Laws for Speeding in New York
New York operates under a system that, again, supports strict speed regulations, using automated speed cameras and law enforcement support.
Speed Limits in New York
The speed limit throughout New York is lower than in other states. The maximum speed limit is 55 miles per hour unless signs indicate another speed. On the state’s interstate highways, such as I-495 and I-787, the speed limit drops to 40 miles per hour.
New York follows a “reasonable and prudent” limit law. This legislation requires you to adapt your speed to avoid accidents, depending on road conditions and the weather.
A conviction or guilty plea carries a maximum fine of $150 plus a required surcharge of $93, or $88 in New York City. So, you can save a great deal of money if you can prove you weren’t speeding with a dashcam in place.
You might even save your job. Some commercial truck drivers can lose their jobs if caught speeding and do not have the evidence to defend themselves.
The following list gives the speed limits established for different areas:
- Within the city limits – 25 to 45 miles per hour
- Highways outside of cities – 55 miles per hour
- Interstates – 55 to 65 miles per hour
How a Dashcam Can Help You Fight a Speeding Ticket
A dashcam’s primary advantage is its unbiased account of events.
If properly configured and maintained, it can capture a wide array of relevant data:
- Actual Speed: Some dashcams have GPS technology that records your speed at any given time. You can use this data to show you did not exceed the speed limit.
- Road Conditions: The video can demonstrate that you were driving at a reasonable speed, for example, in a construction zone.
- Traffic Flow: Footage may depict the flow of traffic, which can sometimes indicate that maintaining a speed slightly above the limit was necessary to keep pace with other autos.
- Speed Limit Signs: Sometimes, a debate will arise over poorly placed or obscured speed limit signs. A dashcam may capture these signs to corroborate your claim.
- Calibration and Placement of Speed Cameras: Your dashcam may provide evidence that disputes the placement or accuracy of a camera or radar gun.
Steps to Beat a Speeding Ticket with a Dashcam in New York
The following steps will help you and your attorney prove your case when fighting a speeding ticket using a dashcam.
- Preserve the Footage: Immediately save the recording from the time of the incident. Most dashcams overwrite old footage, so securing this evidence promptly is essential.
- Assess the Quality of the Evidence: Review the footage closely. Recording a high-quality, clear video that illustrates your claims is paramount.
- Understand the Evidence: When you retain a traffic ticket attorney, they can collect the proper evidence from your dashcam and gain the backing you need for a solid defense.
- Secure Legal Representation: Again, an experienced traffic ticket lawyer can provide valuable insights into the viability of your dashcam defense.
- Prepare Your Testimony and Evidence: Your defense lawyer will organize the footage and other supporting evidence. They will explain clearly and concisely how it complements your case. When you work with a traffic ticket attorney, you can ensure a more successful defense.
- Obtain Dashcam Specifications: Technical information about the accuracy of the dashcam’s speed recording feature can help you.
- File a Discovery Motion: Laws vary by locality, but your attorney might file a motion to discover all the evidence the prosecution has, including calibration records of radar guns or the history of speed cameras used in your case.
- Prepare for the Court Appearance: Dress professionally and arrive on time. Knowing court procedures and having a lawyer present can greatly aid in presenting your case effectively.
- Challenge the Officer’s Conclusion or Calibration of the Equipment: Your lawyer can use your dashcam to refute the speeding claim or question the speed detection device’s calibration and accuracy.
- Highlight Any Contradictory Evidence: If the dashcam shows a different speed, traffic flow, or obscured signage, your attorney will ensure the judge understands these discrepancies.
- Be Respectful and Concise: When necessary, address the judge respectfully. Your defense attorney should handle most communications with the judge.
Legal Considerations
You can admit dashcam footage as evidence, but it does not guarantee the dismissal of your ticket. The judge’s discretion plays a significant part in the outcome.
Consult a NY Traffic Defense Lawyer
A dashcam can be a potent tool when disputing a speeding ticket in New York state. However, its effectiveness hinges on the quality of the footage, the nature of the speed violation, and the interpretation of the law concerning the presented evidence. By relying on the skills of a New York criminal defense lawyer, you can make your case and do so successfully.
by Lindsay BernsteinHow to Reinstate a Suspended License in New York
Driving is not a right, but a privilege that you can forfeit if you don’t follow traffic laws.
If you’ve been convicted of a DWI or had your license suspended for another reason, you can ask a New York traffic defense lawyer or DWI attorney to help you reinstate your driving privileges.
Schedule a Free Initial Consultation Today!
How Points Can Lead to a Suspension
The New York State Department of Motor Vehicles (DMV) keeps meticulous records of driving violations. Each violation receives a certain number of points. For example, if you’re caught speeding, you receive three points for exceeding the speed limit by 10 miles per hour or 11 points for zooming 40 miles per hour over the posted speed. If you collect 11 points from a traffic conviction within 18 months, you can get your license suspended.
Grounds for a Suspension or License Revocation
Various violations can lead to the suspension or even revocation of a license. For instance, a DWI (driving while under the influence) or DWAI (driving while ability impaired) can trigger a 90-day (for DWAI) to six-month suspension.
Other infractions that result in license suspensions include uninsured driving, reckless driving, hit-and-run, improper school bus passing, fleeing an enforcement officer, and having three speeding tickets within an 18-month period.
Securing a Conditional or Restricted License in New York
A restricted or conditional license can be a lifeline for those who might be eligible. It permits travel to and from the workplace or educational institutions, travel for childcare, travel for engaging with DMV proceedings, or travel for receiving medical care.
Those with suspensions due to drugs or alcohol can only apply for this restricted privilege upon enrollment in a state-sanctioned seven-week Impaired Driving Program (IDP).
You may be eligible for a conditional license or hardship license after a DWI/DWAI if you have not received these charges within the past five years, and you can show you do not have easy access to public transportation or can’t afford to take a taxi.
“Suspension Pending Prosecution”
Usually, you will lose your driving privileges once you’re charged with a DWI and the State shows a certified copy of a breathalyzer test over the legal limit of .08 percent. At this point, your license is designated as “suspension pending prosecution.”
“Pre-Conviction Conditional” License
If you had a driver’s license before a DWI offense, you may apply for a “pre-conviction conditional license” 30 days from your scheduled arraignment date. The conditional license allows you to use your car for daily responsibilities while the court resolves your DWI case.
“Post-Conviction Conditional” License
After you’re convicted, and if you haven’t had a prior DWI conviction on your record in the past five years, you’re allowed to apply for a “post-conviction conditional” license. Again, you can only get this license if you enroll in the DMV’s Impaired Driver Program, or IDP, a seven-week education program. You must complete the program to avoid revocation of the conditional license.
When You’re Not Eligible for a Conditional License
You cannot drive at all if your license is suspended after a DWI in the following instances:
- You’ve been convicted of assault, criminal negligence, or homicide when driving.
- Your eligibility for the IDP program involves a fatal accident conviction.
- You have had more than one unrelated driver’s license suspension or revocation within the last three years.
- You have a record of convictions or accidents or a mental or medical issue that makes you an immediate driving risk.
Consequences of Ignoring a Suspension
The importance of not driving with a suspended license cannot be overstated. It invites severe penalties, including incarceration, revocation, vehicle forfeiture, and fines reaching $5,000. Compliance is key – you must surrender your license to the DMV. Again, after a DWI/DWAI, your license is typically suspended for six months.
Working with a Traffic Lawyer or DWI Attorney
Hiring a traffic attorney or DWI lawyer can make it easier to reinstate your driving privileges after a license suspension. You must pay the required fees and fines and attend court-required programs and classes. Your lawyer can submit proof that you’ve met the court’s conditions while keeping you on track.
Reinstating Your Suspended License
Toward the end of your suspension term, look for a Notice of Restoration from the DMV. The notice outlines the steps you need to follow to settle your restoration fee online or at a DMV office.
After clearing the dues, wait three days to use the DMV website’s Photo ID Document Mailing Lookup feature. At that time, you can check on your reinstatement status. Any ambiguities should be addressed with the DMV.
What You Need to Do Step By Step to Get Your License Back
Below is a step-by-step guide for reinstating your driving privileges
- Again, pay all the required fees and fines related to the suspension. You can do this online or by phone with the DMV office close to you. As noted, the payment will appear on the DMV website, if approved, within three business days.
- Attend any applicable programs or classes you must complete upon suspension.
- Provide copies of payment receipts and class certificates to prove that you met all the conditions the court established.
- Complete any applicable requirements, such as alcohol education programs or installing an ignition interlock device (IID).
- Check with your DMV office to ensure all the required paperwork has been submitted and received.
- Submit a form for restoration of driving privileges with all the required documents attached and proof of financial responsibility in the form of a cash/bond deposit or liability insurance card.
When approved, you’ll receive notice within three business days that you can resume driving.
Maintaining a Pristine Driving History
Post-reinstatement vigilance is critical—another slip-up could cost you your license again. As a caveat, higher insurance premiums typically accompany a history of suspension. To better your record and curtail insurance costs, consider taking a defensive driving program, which can reduce insurance costs and improve your driving record.
Contact a New York Traffic Attorney or DWI Lawyer
The road to redemption after a license suspension requires diligence and a commitment to safer driving practices – it is the surest path to ensuring your driving privileges remain intact in New York. Also, make sure you consult with a criminal defense law firm in NY. With legal representation, you can look at the future more positively.
by Lindsay BernsteinHow to Get Shoplifting Charges Dropped
The idea behind shoplifting is intent—the intent to take items without paying for them without an owner’s consent. Many shoplifting charges are wrongful or stem from violations of constitutional rights, and these charges can often be dropped with help from a criminal defense lawyer.
Always ask a shoplifting defense lawyer who handles shoplifting cases for help. The last thing you want is to let a wrongful conviction impact your livelihood and relationships.
Schedule a Free Initial Consultation Today!
Types of Shoplifting Offenses
Before you can see where you stand with a shoplifting charge, it’s helpful to review the various offenses related to the activity. There are sleight-of-hand artists who sneakily take items and conceal them in pockets or bags, or thieves who manipulate price tags.
Some shoplifters can go through a self-checkout without scanning a price, while others use their relationship with a store employee to take some “free” merchandise.
So, shoplifting does not define one type of activity. It can take several forms. That is why you need to discuss your case with a criminal defense lawyer—a legal professional who understands what it takes to have the charges dismissed or reduced.
Petty Theft vs. Shoplifting
At the baseline of a theft charge is the crime of petty theft, often defined by a dollar threshold. This line separates minor infractions from weightier crimes that involve more valuable items. Petty theft involves stealing someone’s property outside of a store, and shoplifting, when charged as a misdemeanor, can be likened to this type of theft.
To prove petty theft, the prosecutor must show the victim did not agree with the activity and that the defendant intended to steal the item permanently. The victim’s item was a possession.
If the items taken are worth a low dollar amount, the prosecutor must show, as in a crime of petty theft, that the defendant intended to take them permanently and did not plan to pay for them.
A lipstick pocketed, a gadget concealed—such acts can lead to shoplifting charges that may be dismissed if the shoplifter is a first-time offender.
Grand Theft Crimes vs. Shoplifting
If you cross the monetary Rubicon, you may enter grand theft territory. As the name suggests, the stakes are quite high, and the consequences are more severe. Items of substantial value may result in a sizable loss for the victim and escalate a crime of theft from a misdemeanor to a felony.
This is no small matter for the accused. In some cases, an accused person can spend five or more years in prison if the amount stolen is substantially valuable.
Shoplifting Defenses
Your criminal defense lawyer may try to get your shoplifting charges reduced or dismissed with the following defenses.
The Defendant Did Not Intend to Steal the Merchandise
A strong accusation of shoplifting involves intent. Therefore, the prosecution must prove you committed the crime on purpose. When you’re shopping, you might take something accidentally.
For example, if a parent is trying to manage two or three kids in the grocery, they may pocket an item if they have to run after a toddler. When they check out, they may forget the pocketed item and walk out.
However, shoplifting implies that a defendant did not intend to return a product in a store. Let’s look at the following example:
A shopper places a six-pack of soda on the bottom of their shopping cart. They forget to add the item to the conveyor belt. They realize their mistake after reaching their car and putting groceries in their trunk. They intended to return the soda, but a security officer accused them with shoplifting before they could do so.
An Item is Concealed Accidentally
In some cases, shoppers may place an item in their pocket or shopping bag without thinking. A criminal defense lawyer may get your case dismissed if you absent-mindedly concealed an item but did not mean to do so. This is especially true if the value of the item is, say, about $5.00 to $10.00.
A Defective Self-Checkout Machine
Sometimes, if a customer goes to the self-checkout, items are accidentally scanned incorrectly. If this happens, the customer has no intent to steal the items that were not scanned properly.
An incorrect scan can happen if the item on the register is incorrectly priced or the barcode on the item does not correspond with the retail price on the U-scan. If you do not have a prior arrest record, your criminal defense lawyer may have your case dismissed in this type of instance.
Challenging the Evidence
Dismantling the case against you begins with challenging the evidence. Surveillance footage, eyewitness testimony, and how evidence is gathered can all be scrutinized to defend your case. If cracks emerge in the prosecution’s case—if doubt blooms—it can erode a charge’s foundation.
Demonstrating a Lack of Intent
To shoplift is to knowingly steal. If intent can be disputed—if an attorney can convincingly claim that an item was taken by mistake, then the charges may crumble under the weight of reasonable doubt.
Negotiating for Lesser Charges
Admitting to a lesser charge can be a calculated retreat to avoid the full brunt of the law. With a capable legal advocate at your side, a negotiation can temper the situation and lead to a reduced charge. Sometimes agreeing to pay restitution or returning the items stolen can lead to reduced charges.
If your attorney plea bargains a charge of shoplifting, the prosecutor may reduce the charge in return for a guilty plea.
Diversion Programs
Diversion programs represent the olive branch of the criminal justice system. For a first-time shoplifting charge, first-time offenders may, through their criminal defense attorney, agree to community service or probation.
Legal Irregularities
Every so often, the legal script has its irregularities. If protocols were breached during an arrest or investigation, or rights violated, they may offer a path to a dismissal.
Contact a Criminal Defense Attorney About Your Shoplifting Charge Today
When you are charged with shoplifting, you need to speak with a Clifton criminal defense attorney Talk over your situation, so they can resolve the situation fairly and equitably. By retaining legal counsel, you’ll experience better results and have the guidance you need to get through the legal process successfully.
by Lindsay BernsteinIs Shoplifting a Felony or Misdemeanor?
You might say that shoplifting is a misunderstood crime. The offender steals items from a retailer without paying for them. While this may seem like a petty offense to some people, the charge can carry serious legal consequences. The charges a defendant brushes off may actually have very serious effects on their lives.
While shoplifting stays on your permanent record in some states, you may have to wait a while (about five years) to ask for an expungement (removal from your criminal record) after you’ve completed your sentence in other states.
That is why you must consult a shoplifting defense attorney in Wantagh, NY if you’re charged with a shoplifting crime. Make sure they have experience handling this type of legal defense so you can present the strongest defense possible to your misdemeanor or felony shoplifting charge.
Schedule a Free Initial Consultation Today!
Shoplifting Charges
Whether you’re charged with a misdemeanor or felony depends on:
- The value of the goods stolen
- The methods employed for stealing the merchandise
- The jurisdiction where the items were shoplifted
Each state has established what amounts apply and how an offender is charged for shoplifting.
Misdemeanor Shoplifting
First-time offenders who are caught stealing low-cost items (usually below two hundred dollars’ worth of products) frequently face a misdemeanor charge. The lower the value of the goods you take, the lighter the sentence.
You may need to spend some time in jail (6 months, in many cases, for first-time offenders), pay a fine, or pay restitution if you leave the store with the stolen merchandise.
Felony Shoplifting
If goods exceed certain values set by a state’s laws, shoplifting can be a felony crime. Likewise, penalties are more severe when the defendant has prior convictions.
Examples Of Shoplifting That May Surprise You
While some people think of shoplifting as stealthily pocketing an item and walking out of a store, shoplifting may also involve the following criminal activities:
Hiding an item in a Backpack or Bag. A shoplifter may hide stolen items in a backpack or shopping bag before exiting a store. Some shoplifters line the bag with aluminum foil so the security device at the exit fails to sound an alarm.
Price swapping. Switching tags is common, so the shoplifter can pay less for an item.
Undercharging. Sometimes, a shoplifter may know the cashier in a store who intentionally gives their friend a “discount.”
Concealing an Item by Boxing It Up. Some shoplifters place smaller and more expensive valuables inside a box that contains cheaper merchandise. They do this so they can pay less than the total value of the merchandise.
What a Prosecutor Must Show in a Shoplifting Case
Regardless of the type of theft used to shoplift, the prosecutor must show that the shoplifter intended to deprive the rightful owner of the value of the item(s) taken. If you mistakenly walked out of a store with an item, you may show that you did not mean to take the merchandise without paying for it. The prosecutor must prove beyond a reasonable doubt that you knowingly committed the crime to convict you.
A criminal defense lawyer who is familiar with shoplifting laws can benefit you, whether you allegedly walked out of a store with concealed merchandise or switched the price tag so you could pay a lower price.
Shoplifting Punishments: How High Do They Go?
Shoplifting punishments are based on the amount of merchandise you allegedly stole. Therefore, the punishments for jail time, fines, and penalties are based on the dollar amount of the shoplifted goods. Again, you may have to go to jail for as long as six months, even if you take a smaller amount (around $200), so you need to talk to a criminal defense attorney about the charge.
The more you steal, the higher the fine and jail time. For example, you can end up spending 18 months in prison if you’re caught stealing $300 in goods and as much as five years in prison if you are nabbed with over $500 in items. Prosecutors won’t hesitate to recommend you spend ten years in jail if the value of the items is $75,000 or more.
Naturally, it depends on the jurisdiction charging the shoplifting. Fines can range from $1,000 to $150,000, again, depending on the value of the shoplifted merchandise.
While many people believe shoplifting is a minor offense mostly committed by teenagers, the law takes this crime very seriously, and many people face harsh penalties for conviction. Always hire a criminal defense lawyer for shoplifting charges.
How a Criminal Defense Attorney Can Help You If You’re Charged with Shoplifting
If you’ve been charged with shoplifting, a criminal defense attorney who handles shoplifting cases may be able to get the case dismissed, especially if the dollar amount is low and it’s your first offense.
They may also negotiate a plea bargain with the prosecutor to reduce the charge and save you from going to jail. When you have a criminal defense lawyer at your side, you can turn a bad and unexpected experience into a more positive outcome. Don’t move forward without seeking legal counsel. You
Contact a Criminal Defense Attorney About Your Shoplifting Charge Today
To call shoplifting “just a misdemeanor” paints an incomplete picture of its impact on individuals and their futures when they face shoplifting charges and convictions.
When you are charged with shoplifting, various levels of charges are possible, from minor infractions to major felonies, each with a different degree of seriousness. Not only do courts look at the dollar amount stolen, but they also look at past offenses and how the items were taken. Always remember there are ways to challenge and potentially reduce your shoplifting charges by challenging the value of the merchandise or the validity of the charge itself.
The sooner you contact a criminal defense lawyer, the better your chances of receiving better treatment and a fairer outcome. Don’t downplay the seriousness of the crime. Depend on defense counsel to see you through an otherwise difficult and confusing time.
by Lindsay BernsteinWhat are the Penalties for Shoplifting in New Jersey?
Did you know that shoplifting is one of the most common crimes in New Jersey? While most people don’t view the charge as serious, they will soon find out, if arrested, that they’re facing some severe penalties. That’s why you’ll need to contact a criminal defense attorney who regularly handles shoplifting cases if you’re charged with the crime.
The law draws the line between a misdemeanor and felony based on the dollar amount of merchandise stolen. If you steal more than $200 in merchandise, the charge becomes a felony.
New Jersey’s Monmouth Mall, Jersey Shore Premium Outlets, Quaker Bridge Mall, and Willowbrook Mall are some high-profile shoplifting shopping centers that arrest shoplifters. In about five percent of shoplifting cases nationwide, kleptomania, which affects primarily females, is blamed for the activity.
N.J.S.A. 2C:20-11 states that a convicted shoplifter may face a fine, time in jail, and a criminal record if caught. The charge can also affect the immigration status of a non-U.S. citizen. With the assistance of a shoplifting lawyers, you can avoid the fallout of a shoplifting charge.
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Forms of Shoplifting in New Jersey
N.J.S.A. 2C:20-11 highlights five types of shoplifting activities in the Garden State.
Taking merchandise on purpose. If a defendant takes merchandise from a store on purpose with the intent to deprive the owner of an item’s value, they can be charged with shoplifting.
Concealing items with the intent to avoid payment. People who conceal merchandise from view with the idea of stealing it can also be indicted for shoplifting.
Changing or transferring a price. If you tamper with price tags, this is also a form of shoplifting. You can also be arrested for this offense if you remove a price tag.
Transferring merchandise into a container or other conveyance to shoplift. Some shoplifters come into stores with a baby carriage to steal merchandise. They use a booster bag lined with aluminum foil so they can avoid detection from electronic security devices when they leave the store. They may also use a backpack, a shopping bag, or a garment with pockets for this purpose.
Under-ringing merchandise is also considered shoplifting. If a cashier intentionally rings merchandise so it does not reflect the actual retail value, they may be charged with shoplifting along with the customer. A technically savvy customer may attempt to under-ring merchandise at a “U-Scan.”
Under-ringing covers merchandise leaving a store, so don’t confuse this practice with preparing a fraudulent refund receipt, which covers items that a customer returns to the retailer.
Penalties and Fines
Again, what you pay in penalties and fines depends on the amount of merchandise you steal, if the crime is a first offense, and whether you’re an adult or minor. Minors are not subject to the same penalties that adults face when caught.
They may go to a juvenile detention center. However, courts usually focus on a diversion program rather than confinement. They may order the minor to pay restitution, perform community service, or serve probation.
Shoplifting Offenses
Each listed offense below is based on the amount of stolen merchandise.
Disorderly Persons Offense
A disorderly person’s offense is charged when the alleged shoplifter steals under $200 of merchandise. If you’re convicted of this charge, you can spend as much as six months in jail and pay a fine of up to $1,000.
Fourth-Degree Offense
If you steal or shoplift items valued between $200 and $500, you can face a prison term of 18 months and a fine of up to $10,000.
Third-Degree Offense
If the merchandise you shoplift is between $500 and $75,000, you’re facing a felony and a prison term of three to five years. You may also have to pay a fine of up to $15,000.
Second-Degree Offense
Shoplifting items worth more than $75,000 can result in a five- to ten-year incarceration and a fine of up to $150,000.
Shoplifting and Loss Prevention in New Jersey
Many of the malls and large department stores in New Jersey hire loss prevention staff members to handle problems with shoplifting at Westfield Garden and Short Hills in retailers like Macy’s, JCPenney, and Bloomingdale’s.
Steps to Take if You’re Accused of Shoplifting
- If you’re caught allegedly shoplifting, the store security, a retail associate, or a store manager might try to get you to confess – whether they thought you shoplifted or intended to steal an item. The best stance to take is not to say nothing.
- Don’t discuss the situation until you hire a criminal defense lawyer. Let your accuser know that you wish to speak to an attorney.
- Follow the instructions of the police if they are called to deal with the shoplifting incident. Follow the officer’s request – providing your I.D. or contact details. Just don’t admit to anything or sign any type of document. Be polite. Don’t get angry. Stay calm and comply.
How Stores May Handle First-Time Shoplifters
A store may handle a first-time shoplifter by banning their shopping privileges or demanding the shoplifter pay the legal costs involved in taking the case to court. If a shoplifter leaves the store with merchandise, they may have to pay the retailer restitution.
The Civil Demand Letter
Whether or not the police are called, it is usual for stores, especially larger retailers, to send a civil demand letter. This letter demands payment of a civil fine, including a payback of the stolen merchandise. The store may also demand the shoplifter cover expenses for loss prevention employees or legal fees.
The letter allows the accused person to take care of the issue without going through further civil or criminal proceedings. If you receive a letter, just make sure you speak to a criminal defense attorney first.
How a Criminal Defense Lawyer Can Help You If You Get Charged with Shoplifting
It’s important to contact a criminal defense attorney if you are charged with any form of shoplifting. They can represent you in court and help reduce your penalties.
An attorney can explain the charges to you. They will investigate all the factors of your case, collect and analyze the evidence, and identify any possible weaknesses in the prosecution’s case.
Depending on the severity of the shoplifting charge, your lawyer can negotiate the charge down or even have the case dismissed. Should the case go to trial, an attorney will prepare and present the defense, cross-examine witnesses, and develop a compelling argument on your behalf.
If you get convicted, an attorney will serve as your legal advocate – presenting mitigating factors or arguing for more lenient sentencing, such as probation or community service.
In some cases, defendants may wish to appeal their verdict. If this happens, a lawyer will direct you through the appeals process and serve as your representative in a New Jersey appellate court.
Hire a New Jersey Criminal Defense Attorney Now
While shoplifting might not seem like a big deal crime, it can have serious repercussions. Ensure you retain the services of a New Jersey criminal defense attorney who handles shoplifting cases. Doing so will stack the odds in your favor.
by Lindsay BernsteinDWAI/DWI in New York with a New Jersey License? What You Need to Know
In New York state, you may face a DWI or DWAI charge.
DWI means that a driver is drunk, with a BAC of at least 0.08 percent. DWAI (driving while ability impaired) means a driver’s BAC ranges between 0.05 percent and 0.07 percent, or other evidence shows the driver is impaired.
If you face a DWI or DWAI in New York and have a New Jersey driver’s license, contact a DWI attorney in New York—preferably an attorney licensed to practice law in both New York and New Jersey. Doing so allows you to conveniently address your case without coordinating your representation for cross-border legal matters.
A dual-licensed DWI lawyer has a comprehensive knowledge of both New York and New Jersey state laws, so no part of your case is overlooked. If you contact a DWI attorney licensed to practice in New York, they should have experience working with defendants arrested for DWAI/DWI outside their state of residence.
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How an Out of State DWI Charges Can Affect Your New Jersey License
Both New Jersey and New York participate in the Interstate Driver’s License Compact, which allows participating states to report an individual’s driving conviction to another participating state.
If you’re arrested for DWI/DWAI in New York, the New Jersey Motor Vehicle Commission will receive notification from New York about your arrest and conviction.
Upon receiving the notice, the MVC in New Jersey will send you a notice of hearing to suspend your license. So, you need to contact a DWI lawyer familiar with both states’ traffic and DWI laws to act on your behalf.
A conviction of DWAI or DWI in New York can lead to a year-long bar on your driving rights in New York state and the suspension of your license for a year or more in New Jersey.
How Does New Jersey Determine Driver License Suspension for New York DWI/DWAI Convictions?
New Jersey may view your New York DWAI/DWI conviction the same way as if you were charged with DWI in New Jersey.
For example, in the Division of Motor Vehicle v. Lawrence, 194 N.J.Super. 1 (App. Div. 1983), the court held that the offense of driving while impaired under New York’s law significantly resembles the offense of drunk driving under N.J.S.A. 39:4-50. So, if a New York DWAI/DWI offense breaks a law on the books in New Jersey, you may face consequences in both states.
What Is the Court Process if Police Arrest You for DWAI/DWI in New York and You Have a NJ License?
In New York, a DWAI/DWI case is both a criminal and administrative case. Because you have a New Jersey driver’s license, though, the DMV in New York doesn’t have the authority to suspend your license.
Instead, they may revoke your driving privileges in New York State. As a result, you can’t drive in New York even with a currently valid New Jersey license.
Unfortunately, your New Jersey license may not remain valid for long. After New York notifies New Jersey about your conviction, officials in New Jersey may follow up by suspending or revoking your license.
Get help from a DWI attorney. Ensure your lawyer has experience dealing with the legal process in out-of-state DWI arrests when New Jersey drivers are arrested in New York for DWAI/DWI.
Possible Penalties
A court may hand down to a first-time offender a sentence requiring:
- Suspension of license for three months to one year
- 12- to 48-hour Intoxicated Driver Program
Drivers with BACs of at least 0.15 percent may be required to use an ignition interlock device (IID).
A second DUI offense within ten years can lead to a loss of your license for as long as two years and 12 to 48 hours in an Intoxicated Driver program. You may need to use an IID for as long as three years following restoration of your license.
A third offense within ten years of a second offense may lead to a loss of your license for ten years, 12 to 48 hours in an Intoxicated Driver program, and the use of an IID for up to three years after the restoration of your driver’s license.
Your Rights When You’re Stopped: Taking Field Sobriety and Breathalyzer Tests
When you are stopped in New York for DWI/DWAI as a non-resident), you have certain rights concerning taking a field sobriety test or Breathalyzer.
Field Sobriety Tests
Field sobriety tests like walk-and-turn or one-leg stand are voluntary in New York, and you don’t have to take them by law. Nevertheless, your refusal may invite further suspicion and an arrest, so comply with the test.
Breathalyzer/Chemical Tests
Driving on New York roads implies consent under the Implied Consent Law. Therefore, anyone driving anywhere within NY State automatically agrees to undergo a chemical test (blood, breath, or urine) when caught driving while intoxicated (DWI).
If you refuse a breathalyzer or chemical test, you can get your license automatically suspended in your home state.
Retaining the Services of a DWI Lawyer: The Benefits
If you’re charged with DUI in New York and have a New Jersey driver’s license, you need to retain a DWI lawyer in New York or the services of a lawyer who practices in both New York and New Jersey.
A lawyer with the applicable experience offers the following benefits.
- They are familiar with the local laws and processes, including DWI/DWAI legislation, penalties, and court procedures.
- They can work to avoid a license suspension in your home state.
- They can manage both administrative license hearings and criminal court procedures.
- Depending on your case’s circumstances, they can negotiate for reduced penalties and charges.
- They can ensure the proper steps were followed during your arrest.
- If you’re a non-US citizen, a DWI attorney can advise you on the possible consequences, including potential deportation.
Don’t walk into an uncertain future. Talk to a criminal defense lawyer about your DWAI/DWI case in New York or your DWI in New Jersey.
by Lindsay BernsteinCan a Passport Application Be Denied for Unpaid Traffic Tickets?
Many people are concerned that traffic tickets might cause a hiccup when applying for a passport, given the bureaucratic red tape involved. A traffic defense lawyer can provide guidance on this matter.
If you need to obtain a passport to travel outside the U.S., you may wonder what can prevent you from getting this ticket to the world of travel. Can unpaid traffic tickets hinder you from realizing your travel goals or dreams?
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Who Needs a Passport?
All citizens of the U.S. must get a passport if they wish to travel outside the country by plane. This requirement is also extended to infants. Any applicants 16 years old or under who sign up for a passport must co-sign their passport application with their parents.
Processing Times
It takes about four to six weeks to process a passport, so you should allow extra time if you plan to travel on a specific date. To receive the document sooner, you need to expedite delivery or submit an emergency application. Expediting the process can reduce the time to about two to three weeks.
The Passport Application Form
Your first step in the application process is filling out the U.S. State Department form DS-11. While you can download the form online, you still have to show up in person with the application at a passport facility or passport agency.
Supporting Documents
Supporting documents include:
- Proof of U.S. citizenship, such as a birth certificate or certificate of citizenship.
- A photo government ID (driver’s license, state-issued ID, or previously used passport if you’re applying for a new one), plus a photocopy of the front and back of the ID.
- A current passport photo in the required size
- Passport fees
To obtain a passport, you must complete an official application, submit the right-sized photo, include documents proving your identity and citizenship, and pay the fees.
Passport Review
After the application is submitted, the U.S. State Department will perform a background check – checking for any alerts that may be grounds for a denial.
Traffic Tickets Won’t Keep You From Traveling Outside the Country
When it comes to traffic tickets, an outstanding ticket for a red-light infraction, texting, or speeding will not prevent you from getting a U.S. passport. However, it is best to address these matters before you leave the U.S. and go on your travel adventure.
What Might Happen When Your Return
For instance, if the state issues an arrest warrant for your unpaid tickets, you may face arrest when re-entering the U.S. Unpaid tickets can lead to a more intense inspection, even if they don’t trigger a warrant.
What Leads to Passport Denials?
So, what can prevent you from getting a passport? Applications do come with some caveats – caveats that can invalidate your application.
For instance, you can get denied if you:
- Owe child support payments
- Have a federal drug conviction
- Have an arrest warrant
Why You Should Pay Your Traffic Tickets and Fines – Whether or Not You’re Applying for a Passport
Also, failure to pay or respond to a traffic ticket may also have serious consequences.
For example, failure to pay fines for traffic tickets can lead to additional fines, a driver’s license suspension, and even jail time.
So, if you’re pulled over with outstanding tickets, you can possibly be charged for driving with a suspended license.
Additional Charges that Can Lead to a Passport Denial
Merely having unpaid tickets typically won’t affect your passport application, though, unless you also:
- Have an outstanding federal warrant for a felony charge, including a warrant that is issued under the Federal Fugitive Felon Act (18 USC 1073)
- You are also subject to a criminal court order or a condition of your probation or parole that forbids you from leaving the U.S.
You may have outstanding traffic fines that won’t affect your passport approval. However, your passport can be denied if you have an outstanding warrant for a local, state, or federal felony offense.
Because getting a traffic ticket is not considered a felony offense, it won’t normally cause problems when getting accepted for a passport. However, other driving-related offenses, such as a DWI or driving when your license is suspended, can lead to a denial.
You need to speak to a traffic law attorney to get past these hurdles in these cases.
How to Handle Unpaid Fines for Traffic Tickets
Having unpaid traffic tickets can affect your credit score and make it difficult to get around town. After all, you won’t get very far with a suspended license. Again, the best course to take is to contact a traffic law lawyer.
Remember that as long as you pay your tickets in full and on time, you won’t experience negative consequences. If you’re having trouble paying the fines, a traffic lawyer can reduce the financial burden.
Review Your Payment Options
If you can’t pay traffic court fines or if you appear in court because you cannot pay the fines, you may receive offers to help you manage the debt. For example, the court may lower the penalty, suspend the penalty, or revise the installment plan.
So, that innocuous slip of paper, fluttering in the wind beneath your windshield, should not give you problems – as long as you don’t ignore the fine, keep your court dates, and stay out of trouble.
The federal powers only intervene when you accrue substantial debt, or worse, when an arrest warrant is issued for failing to comply with a summons.
To set the wheels of freedom rolling:
- Address your outstanding fines and proactively engage with your local jurisdiction where the tickets were issued
- Settle the debts or ask about a payment plan
- Contest the charges if you believe they were incorrectly assessed
Obtain documented proof that you paid your fines, providing evidence of a resolution of past-due payments and current fines. Be transparent when you communicate with the court.
Make sure you have a traffic defense attorney to ensure your payments are made and that you retain or regain your driving privileges.
Consult a Traffic Lawyer Today
With the slate wiped clean, you can submit a passport application without worry. If you have traffic fines that are difficult to pay, contact a New York criminal defense attorney immediately.
by Lindsay BernsteinDriving with a Suspended Driver’s License in New York – VTL 511
Driving with a suspended driver’s license in New York, as defined under Vehicle and Traffic Law (VTL) 511, is a serious offense with significant consequences. Understanding the laws, penalties, potential defenses, and the importance of legal representation is crucial if you find yourself facing such charges.
If you’re accused, you should understand the penalties associated with this offense and how a skilled New York traffic ticket lawyer can help you achieve the best possible result in your case. Consult a criminal defense attorney near you today.
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Understanding VTL 511
New York law VTL 511 prohibits driving with a suspended or revoked driver’s license. This offense encompasses several scenarios, including driving with a suspended license due to unpaid traffic tickets, failure to appear in court, or certain traffic violations. VTL 511 also applies if your license was suspended for non-driving-related reasons, such as failure to pay child support or maintain auto insurance.
Penalties for Driving with a Suspended License
The penalties for driving with a suspended driver’s license in New York are severe and can have lasting consequences. If convicted under VTL 511, you may face fines, additional license suspensions, and potential imprisonment. The exact penalties vary depending on factors such as the reason for the license suspension and any prior convictions for similar offenses. The following is a brief look at some penalties you may face.
- Fines: Upon conviction, someone charged with driving with a suspended license may face fines ranging from $200 to $500 for a first offense. Subsequent convictions could result in higher fines, up to $1,000.
- Additional license suspension: Driving with a suspended driver’s license in New York can lead to further suspension of your driving privileges. The length of the additional suspension period varies depending on factors such as the reason for the initial suspension and any prior convictions.
- Imprisonment: In addition to fines and license suspension, a conviction could lead to imprisonment. A first offense is typically punishable by imprisonment for up to 30 days, while subsequent offenses may result in longer jail sentences, up to 180 days.
- Criminal record: A conviction for driving with a suspended license can result in a permanent criminal record. A record can impact various aspects of your life, including employment opportunities, housing, and professional licenses.
The Importance of NY Defense Representation
Getting legal representation immediately is critical if you’re facing charges of driving with a suspended driver’s license in New York. An experienced attorney can provide invaluable assistance throughout the legal process. The following are just some of the reasons you need a lawyer:
- Understanding of the law: A knowledgeable attorney understands the intricacies of New York’s traffic laws and the specific statutes related to driving with a suspended license. They can explain the charges against you and help you navigate the legal process.
- Negotiation skills: A skilled lawyer can negotiate with prosecutors on your behalf to seek reduced charges or dismissal of the case. For example, negotiations may involve plea bargaining for lesser offenses or advocating for alternative penalties, such as probation or community service. An attorney could also help you obtain a conditional or restricted license granting limited driving privileges, such as driving to and from work or school.
- Court representation: If your case goes to court, an attorney will represent you in legal proceedings, advocating for your interests and presenting compelling arguments. They have the experience and expertise to navigate courtroom procedures effectively and work toward a favorable outcome.
- Legal guidance: Facing criminal charges can be overwhelming, but an attorney will provide you with guidance and support every step of the way. They will answer your questions and ensure you understand your rights and options throughout the legal process. When choosing an attorney, look for one who will be available when needed. Check their websites and ask questions about their accessibility during your consultation.
Potential Defenses Against VTL 511 Charges
When facing charges of driving with a suspended driver’s license in New York, there are several potential defenses that your attorney may use to challenge the allegations. An attorney will assess the circumstances of your case and develop a tailored defense strategy to challenge the charges against you. This strategy may involve questioning the legality of the traffic stop, challenging the evidence, or seeking to have the charges dismissed.
Defenses may vary depending on the specific circumstances of your case, but common strategies include the following:
Lack of Knowledge
You may argue that you were unaware of the suspension of your license due to administrative errors, failure to receive notification of the suspension, or confusion regarding the status of your driving privileges. If there were administrative errors or authorities failed to notify you of the suspension appropriately, your attorney can claim the suspension isn’t valid.
Emergency Circumstances
Suppose you drove with a suspended license due to a genuine emergency, such as a medical crisis or urgent family matter. In that case, you may argue that your actions were necessary.
Mistaken Identity
In some cases, law enforcement may wrongly charge people with driving with a suspended driver’s license in New York due to mistaken identity. Your attorney will work to provide evidence to show you weren’t operating the vehicle at the time of the alleged offense.
Legal Justification
Certain circumstances may justify driving with a suspended license, such as driving to and from work, school, or court-ordered programs. Your attorney could argue that your actions were legally justified per state statutes.
Get in Touch With a New York Criminal Defense Attorney to Learn More
Driving with a suspended license in New York, as defined under VTL 511, is a serious offense with significant penalties. If you’re facing charges related to driving with a suspended license, seeking legal representation is crucial. An experienced attorney can provide invaluable assistance, protecting your rights, exploring potential defenses, and working to achieve the best possible outcome for your case.
With the guidance of a skilled New York criminal defense lawyer, you can navigate the legal process effectively and potentially reduce the consequences of a conviction. The sooner you get in touch with the right defense attorney, the faster they can get to work for you.
by Lindsay BernsteinWhat Are the Penalties for Shoplifting in NY?
It’s natural to want to know the penalties for shoplifting in NY. However, it’s just as essential to know the importance of hiring an experienced lawyer as soon as possible. The following is information on the consequences you may face and how a New York criminal defense attorney can help.
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How New York Law Defines Shoplifting
Under New York law, shoplifting covers various actions, including concealing merchandise, altering or removing price tags, switching labels, and attempting to leave a store without paying for items. The intent to deprive the merchant of the value of the merchandise must occur for the act to constitute shoplifting.
The severity of the offense and the corresponding penalties depend on the value of the merchandise stolen. In New York, shoplifting is typically classified as petit larceny if the value of the stolen property is less than $1,000. Petit larceny is a misdemeanor offense punishable by fines, community service, and potential imprisonment for up to one year.
However, if the value of the stolen property exceeds $1,000, you may face a charge of grand larceny, which is a felony. Grand larceny carries more severe penalties, including substantial fines and potential imprisonment for more than one year. For example, the law considers first-degree grand larceny a Class B felony, punishable by up to 25 years in prison. Class B grand larceny involves stealing property valued at $1 million or more.
In addition to criminal penalties, people convicted of shoplifting in New York may also face civil consequences. Merchants have the right to pursue civil remedies, such as demanding restitution for the value of the stolen merchandise and seeking damages for any losses incurred due to the theft.
More Information on The Differences Between Petit and Grand Larceny
In New York, larceny is the unlawful taking of property from another person with the intent to deprive them of possession permanently. The severity of a larceny charge depends on the value of the stolen property and the circumstances surrounding the offense. The main differences between petit larceny and grand larceny lie in the value of the stolen property and the potential penalties upon conviction.
Petit larceny, also known as petty theft, occurs when the value of the stolen property is below a certain threshold. Again, the law sets the threshold for petit larceny at $1,000. If the value of the stolen property is less than $1,000, the offense is classified as petit larceny.
New York law distinguishes between various degrees of grand larceny based on the value of the stolen property and how the theft occurred. The penalties for grand larceny increase with the severity of the offense, with higher degrees of grand larceny carrying harsher consequences upon conviction. Here’s a brief look at the different degrees and their punishments.
- First-degree grand larceny (theft of property valued at $1 million or more): Class B felony/ a maximum of 25 years in jail
- Second-degree grand larceny (theft of property valued at $50,000 or more): Class C felony/ a maximum of 15 years in jail.
- Third-degree grand larceny (theft of property valued at $3,000 or more): Class D felony/ a maximum of seven years in jail.
- Fourth-degree grand larceny (theft of property valued at $1,000 or more): Class E felony/ a maximum of four years in jail.
Why Hiring a NY Criminal Defense Lawyer ASAP is Critical
Facing a shoplifting charge in New York can have serious consequences, making hiring a New York criminal defense attorney immediately imperative. Here’s why:
- Legal experience: Shoplifting charges involve complex legal issues and procedures. An experienced defense attorney understands the nuances of New York’s criminal laws and can navigate the legal process effectively.
- Protection of rights: You have legal rights law enforcement officials must uphold upon arrest. A defense lawyer will always protect your rights, including during police questioning and court appearances.
- Reduction of penalties: Shoplifting convictions can result in significant penalties, including fines, community service, and even imprisonment. An attorney can work to reduce these penalties by negotiating with the prosecution to reduce your charges. They may also negotiate different sentencing options.
Defense Strategies Your Attorney May Use
Your attorney will thoroughly examine your case to determine the best defense for your specific situation. These are a few potential defense strategies they may use:
Lack of Intent
Shoplifting requires proof of intent to permanently deprive the merchant of the stolen property. If you accidentally walked out of the store with unpaid merchandise or forgot to pay for an item, you may argue that there was no intent to steal.
Mistaken Identity
If you can provide evidence that you weren’t present at the store at the time of the alleged theft or that someone else committed the offense, this may serve as a defense.
A Coerced Confession
If law enforcement obtained a confession through coercion, duress, or other improper means, it may be possible to challenge the admissibility of the confession in court.
Insufficient Evidence
The prosecution in your case has the burden of proving your guilt – and doing so beyond a reasonable doubt. If there is insufficient evidence to support the shoplifting charge, your attorney may argue for dismissal of the case.
Illegal Search and Seizure
If law enforcement officers conducted an illegal search or seizure in violation of your Fourth Amendment rights, the court can suppress any evidence obtained.
Civil Recovery
Some retailers pursue civil recovery for shoplifting incidents rather than criminal charges. If you agree to pay restitution for the value of the stolen merchandise, the retailer may drop criminal charges.
Speak With a New York Criminal Defense Attorney to Protect Your Rights
As you can see, the penalties for shoplifting in NY can be severe. Mounting a successful defense against a shoplifting charge requires a thorough analysis of the facts and circumstances of your case. Consulting with a skilled attorney who can assess potential defenses and fight for your rights is crucial to achieving the best possible outcome for your case.
Please don’t hesitate to contact a lawyer. If you’re facing a felony charge, a criminal defense attorney can work to avoid a life-altering jail sentence.