Passalacqua & Associates

Bail and bond are crucial aspects of the legal system that allow defendants the possibility of release from custody while awaiting trial, but the terms and conditions vary widely depending on the seriousness of the crime, the risk posed by the defendant, and the discretion of the court.

The bail and bond processes in felony cases can be complicated, often involving various legal procedures, assessments, and conditions. For individuals charged with a felony, understanding these procedures can make a significant difference.

What is Bail?

Bail refers to the amount of money set by a court that a defendant must pay to be released from jail pending their trial. It acts as collateral to ensure the defendant returns for all required court appearances. The court considers several factors when setting bail, including the severity of the crime, the defendant’s criminal history, ties to the community, and the risk of flight or harm to others. Bail is not intended to punish but to secure the presence of the defendant at future court proceedings.

The Eighth Amendment of the U.S. Constitution protects against excessive bail. However, in practice, many defendants may still find the set amount unaffordable. In such cases, defendants often rely on bonds, discussed in more detail below. Bail can be set immediately after arrest, but for felonies, especially serious ones, the process can be more intricate and requires careful legal representation.

Understanding the Bond Process

Bonds are closely related to bail but differ in key ways. A bond serves as an agreement between the court, the defendant, and a bondsman or bond agency, guaranteeing that the defendant will show up for court. In cases where the defendant cannot afford the full bail amount, a bondsman can post a surety bond, typically charging a non-refundable fee (usually 10% of the total bail amount) to secure the defendant’s release. If the defendant fails to appear in court, the bond company is responsible for paying the full bail amount.
There are several types of bonds:

Cash Bond

The defendant or a third party pays the full bail amount in cash, which is refunded after the trial, assuming the defendant appears for all required hearings.

Surety Bond

A bail bondsman or agency guarantees the payment of bail to the court if the defendant fails to appear. The defendant typically pays a percentage of the bail amount as a non-refundable fee.

Property Bond

In some cases, defendants can use property (such as real estate) as collateral for their bond. This option is less common but can be viable for those with substantial assets.

Understanding which bond option works best for a felony case depends on several factors, including financial circumstances and the legal advice of an attorney. The cost of bonds, especially in serious felony cases, can be high, and failure to meet the terms can have severe legal repercussions.

Factors That Affect Bail in Felony Cases

Bail in felony cases is typically higher than in misdemeanor cases due to the increased severity of the crimes. Courts assess a range of factors before determining the appropriate bail or bond conditions. These factors include:

Nature and Seriousness of the Crime

The type of felony charged is often the first and most crucial factor. Crimes of violence, like murder or armed robbery, typically have higher bail amounts or may even be denied bail. Non-violent felonies may have more lenient bail conditions, though the seriousness of the crime still plays a major role in determining bail. In particularly egregious cases, such as those involving serious harm to others or public safety risks, bail might be denied altogether, ensuring that the defendant remains in custody until trial.

Criminal History

Defendants with past convictions or a history of failing to appear in court are more likely to face higher bail amounts or more stringent conditions. Repeat offenders, particularly those with previous felony convictions, are often considered higher flight risks and may pose a greater danger to the public. Therefore, judges might increase bail or impose additional conditions, such as electronic monitoring, to ensure compliance.

Risk of Flight

If the defendant is considered likely to flee the area to avoid prosecution (known as a “flight risk”), the court will either set a higher bail or, in some cases, deny bail entirely. Flight risk assessments take into account the defendant’s ties to the community, employment, family obligations, and access to financial resources. Individuals with strong ties to the local community, such as a stable job or family, are generally seen as lower flight risks and may be granted lower bail.

The Role of Bail Hearings

In felony cases, bail is often not automatically set at the time of arrest. Instead, defendants attend a bail hearing, during which both the prosecution and defense present arguments regarding bail conditions. The prosecution may argue for high bail or even no bail if they believe the defendant is a danger to the community or a flight risk. Meanwhile, the defense will attempt to persuade the judge to set a reasonable bail amount or request release on personal recognizance, meaning the defendant is released without having to pay bail.

Obtain Legal Guidance

Navigating the bail and bond process in felony cases requires a deep understanding of the legal system and the specific factors involved. While bail offers defendants the opportunity to remain free while awaiting trial, it comes with its own set of challenges, financial burdens, and legal conditions.

Defendants facing felony charges often work closely with legal counsel to navigate these complexities and secure the most favorable bail or bond terms possible. Call Passalacqua & Associates, LLC today at 315-277-3548 to schedule a consultation with our team.

Defending individuals charged with Driving While Intoxicated (DWI) has never been a straightforward process. The landscape is constantly evolving due to advancements in law enforcement techniques, stricter legal standards, and innovations in testing methods.

As attorneys strive to protect their client’s rights, they must navigate an increasingly complex field filled with nuanced legal issues, scientific developments, and social pressures aimed at reducing impaired driving.

The Rising Complexity of DWI Laws

Over the years, laws surrounding DWI have become stricter, leading to more severe penalties and lower thresholds for what constitutes impairment. Legislatures have responded to rising concerns over public safety by reducing the legal blood alcohol content (BAC) limit in many jurisdictions and increasing the legal consequences of a conviction. This tightening of the legal framework makes DWI defense more challenging than ever.

Zero-Tolerance Policies

Zero-tolerance policies, particularly for underage drivers, are a significant shift in how DWI cases are prosecuted. In these cases, any detectable amount of alcohol in a driver’s system is enough to result in charges, which requires defense attorneys to adopt highly specific strategies to address different groups of drivers affected by these stricter standards.

Challenges in Field Sobriety and Chemical Testing

DWI cases rely heavily on evidence collected during the arrest, particularly field sobriety tests and chemical testing, such as breathalyzers. However, these methods are not foolproof, and defense attorneys have increasingly focused on exposing their potential flaws.

Field Sobriety Tests

Field sobriety tests (FSTs) are a common tool used by law enforcement to determine whether a driver is impaired. These tests are designed to detect physical signs of impairment. However, these tests are subjective by nature and rely heavily on the officer’s observations, which can introduce a margin of error.
Many factors can affect an individual’s performance on FSTs, including medical conditions, fatigue, anxiety, or even the weather conditions at the time of the test. Defense lawyers often challenge the results of these tests by bringing up alternative explanations for their clients’ poor performance. For example, someone with a knee injury might struggle with a test requiring walking and turning, requested by officers to demonstrate sobriety levels.

Breathalyzer Tests

Breathalyzer tests are another key piece of evidence in most DWI cases. While these devices are widely regarded as reliable, they are not infallible. Defense attorneys can challenge the results of breath tests by questioning the calibration of the device, the timing of the test, or the training of the officer administering it. Even small errors in calibration or maintenance can skew the results, leading to an unjustified charge.

Defending Against Drug-Related DWIs

In recent years, the rise in the use of prescription medications and the legalization of marijuana in several states has led to an increase in drug-related DWI cases. These cases present unique challenges for both prosecutors and defense attorneys because determining impairment due to drugs is far more complicated than measuring alcohol intoxication.

Testing for Drugs

Unlike alcohol, there is no standardized level of impairment for drugs such as marijuana, prescription medications, or other controlled substances. Law enforcement officers rely on Drug Recognition Experts (DREs) to assess whether a driver is under the influence of drugs. However, DRE assessments are highly subjective, and their conclusions can be challenged. Defense lawyers may question the DRE’s qualifications, training, or the methods they used to evaluate the driver.

Constitutional Challenges in DWI Cases

Constitutional issues play a significant role in DWI defense, particularly regarding Fourth Amendment protections against unreasonable searches and seizures. Defense attorneys often argue that the arresting officer lacked probable cause to stop the vehicle in the first place or that the subsequent search and seizure were conducted improperly.

Illegal Traffic Stops

One common defense tactic is to challenge the legality of the traffic stop that led to the DWI arrest. If the defense can demonstrate that the officer did not have a valid reason for pulling the driver over, any evidence gathered during the stop—including the results of sobriety tests and chemical tests—may be deemed inadmissible in court, which can be a powerful defense strategy, as the exclusion of key evidence can significantly weaken the prosecution’s case.

Warrantless Blood Draws

In recent years, the U.S. Supreme Court has weighed in on the issue of warrantless blood draws in DWI cases. In Missouri v. McNeely (2013), the Court held that police officers must obtain a warrant before conducting a blood test, except in certain difficult circumstances. This ruling has given defense attorneys another avenue to challenge the prosecution’s evidence, especially in cases where blood was drawn without a warrant.

Public Perception and Jury Bias

Defending against a DWI charge often involves navigating the social stigma attached to impaired driving. Jurors may come into the courtroom with preconceived notions about drunk driving, and these biases can influence their judgment. Defense attorneys must work to counteract these biases by focusing on the legal and factual issues at hand rather than allowing emotional arguments to sway the jury.

Passalacqua & Associates, LLC Can Help

DWI defense is a complex and ever-evolving field that requires defense attorneys to stay informed about the latest legal developments and scientific advancements. From challenging the accuracy of chemical tests to questioning the legality of the traffic stop, a successful DWI defense often hinges on a thorough understanding of both the law and the science behind impairment testing.

By staying ahead of the curve and employing innovative defense strategies, experienced attorneys can effectively protect their client’s rights and secure favorable outcomes, even in the face of challenging circumstances. Call Passalacqua & Associates, LLC today at 315-277-3548 to schedule a consultation with our team.

A car accident can be an overwhelming and life-changing event. If you find yourself involved in a car accident, you may be facing significant impacts on many different areas of your life. Harms incurred in severe accidents can be substantial, leaving victims unsure of how to move forward.

Compensation for injuries and damages is not just a possibility but a right for those who have been wronged due to someone else’s negligence. However, navigating the process of securing compensation can be complicated, and seeking legal support can be a huge help to victims.

Understanding the Types of Compensation Available

Before diving into strategies for compensation, it’s crucial first to understand the types of compensation that may be available to car accident victims. Generally, compensation is divided into three categories: economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages are harms, specifically financial losses, that can be objectively measured. These may include medical expenses, lost wages, property damage, and any potential ongoing or future expenses related to the accident. For instance, if a victim requires physical therapy or surgery, those future costs can be calculated and claimed.

Non-Economic Damages

Unlike economic damages, non-economic damages are harder to quantify because they cover intangible losses. These losses may involve a victim losing the ability to enjoy the things they used to, encountering pain more often, and developing emotional distress after the accident. Severe car accidents can even lead to long-term conditions such as post-traumatic stress disorder (PTSD), depression, or anxiety. These are all factors that may be considered in a non-economic damage claim.

Punitive Damages

In some car accident cases, if the person responsible for the accident acted with a lack of regard or care for others while driving (often called “extreme negligence” or “malicious intent”), victims may be entitled to punitive damages. Punitive damages are not implemented with the intention of paying back the victim directly to compensate them for harm but rather to punish the wrongdoer and discourage them from similar behavior in the future.

Filing an Insurance Claim

For many victims, the first step in securing compensation after a car accident is filing a claim with their insurance company or the at-fault party’s insurer. Insurance is meant to protect individuals from bearing the full financial burden of an accident, but claims are not always straightforward.

Documenting the Incident

One of the most important things a car accident victim can do is document the incident thoroughly, which includes taking photographs of the accident scene, obtaining witness statements, and gathering medical records. The more evidence you can present to the insurance company, the stronger your claim will be. Insurance companies often look for ways to reduce their payouts, so it’s crucial to back up your claim with solid proof.

Understanding Your Policy

Another key element of filing an insurance claim is understanding the limits of your coverage. Many people are unaware of the specifics of their auto insurance policies. In some cases, the coverage may not be enough to cover all the costs of a severe accident, especially if there are high medical bills or significant property damage. For this reason, it’s helpful to know your policy’s limits and whether you might need to pursue compensation through other means.

Pursuing a Personal Injury Lawsuit

While insurance claims are often the first line of action, they don’t always provide sufficient compensation, especially in cases of severe injury. When this happens, victims may need to file a personal injury lawsuit to recover the full amount they are owed.

Calculating the Value of the Claim

Determining how much to seek in a personal injury lawsuit involves calculating both economic and non-economic damages. Economic damages are straightforward as they are based on actual expenses like medical bills and lost wages. Non-economic damages, on the other hand, require a deeper understanding of the long-term emotional and psychological effects of the accident. Your attorney may enlist medical professionals, economists, and other experts to help calculate the full value of your claim.

The Role of Legal Representation

Having a skilled personal injury attorney can make a world of difference when pursuing a lawsuit. Lawyers who specialize in car accidents can navigate the complex legal processes, negotiate on your behalf, and ensure that you receive the full amount of compensation you are entitled to. They can also handle all interactions with insurance companies, opposing counsel, and other parties involved, relieving you of that burden during a difficult time.

Strategies for Maximizing Compensation

There are several key strategies that victims can employ to maximize their compensation. First and foremost, it’s essential to seek immediate medical attention after an accident. Not only is this crucial for your health, but it also creates documentation that links your injuries directly to the accident. If you delay in seeking treatment, it can make it harder to prove your injuries happened because of the accident, potentially reducing your compensation.

Second, avoid making statements or accepting settlements from the at-fault party’s insurance company before consulting with an attorney. Early settlement offers are often far lower than what you deserve. Having an experienced lawyer on your side ensures that you don’t accept a settlement that leaves you short-changed.

Lastly, gather as much evidence as possible. Medical records, photographs, police reports, and witness statements all contribute to building a strong case. The more comprehensive your evidence, the easier it is to prove the severity of your injuries and the other driver’s negligence.

Seek Legal Support

Recovering from a severe car accident is a long and difficult process, but securing fair compensation can alleviate much of the financial burden. Call Passalacqua & Associates, LLC today at 315-277-3548 to schedule a consultation with our team.

What are New York’s Recording Laws?

In the United States, each state has its own laws regarding audio and visual recording and the admissibility of those recordings in court based on consent by one or all parties involved. New York State is a one-party consent state. This means that consent to record audio or video footage is admissible in court if only one person is aware and grants this permission.

Audio recordings that are obtained without consent from any involved party are considered a Class E felony, violating New York’s wiretapping laws, and may be punishable by up to four years in prison and a $5,000 fine.

What are Possible Sources of Surveillance Footage?

In today’s media-centric society, there is no shortage of opportunities for a conversation, argument, or interaction to be recorded. The following list provides examples of recording avenues to be aware of:

• Webcam footage
• Security cameras at government buildings, businesses, or private homes
• Traffic and toll-booth cameras
• Red-light cameras
• License plate readers
• Patrol-car cameras
• Body-worn cameras
• Law enforcement interviews of witnesses and suspects
• Social media providers and screen captures
• Forensic searches from digital devices

What are the Benefits of Surveillance Footage?

Surveillance footage typically provides only a small piece of the bigger picture, and most attorneys are aware of this. However, it can be a very valuable tool when used correctly, as illustrated by the following list of benefits:

• Footage can be effectively incorporated into opening and closing arguments, such as to emphasize critical parts of a recorded confession
• Footage can be incorporated into a slideshow presentation or other trial presentation software
• Still images can be captured, printed, and used as supplemental exhibits
• In-court identification can be made of the defendant as the perpetrator
• Can potentially capture the identified perpetrator in the commission of the crime
• Footage can corroborate eyewitness testimony
• Footage may be used to discredit defense witness testimony

What Challenges Accompany Surveillance Footage Use?

From resource management to authenticity, surveillance footage is not a simple topic. With terabytes of information available, adequate storage and the resources for that storage are quickly overwhelming existing infrastructure. Additionally, there are procedural issues, such as securing the workforce required to sort through this information. Other challenges associated with surveillance footage include but are not limited to the following:

• Securing the proper video or audio player and codecs on the court computer
• Ensuring the time and resources needed to review the footage
• Obtaining adequate storage for the files
• Development of the processes and protocols for the storage of footage
• Redacting the footage for privacy and legal challenges
• Allocating ample time for discovery, which is a time-sensitive process that involves redacting, rendering, and creating copies of all discoverable evidence
• Procuring necessary equipment and software needed to review, process, prepare, and share audio and video footage
• Ensuring sufficient technical and legal training of personnel that is required in order to comply with the constitutional disclosure requirements and other relevant law
• Responding to the novel legal challenges that are related to the use of surveillance evidence
• Preserving and storing video evidence for appeal

When is Surveillance Footage Considered Admissible Evidence?

When determining if surveilled footage is admissible, the court will ask several questions, such as:

• Is the video relevant to the case? A judge will likely impose lenient parameters when determining relevance in a criminal domestic violence case. Footage may be applicable when it helps to explain any element of a crime or its defense or to support or attack the credibility of a witness.
• Did the parties consent to be recorded? As discussed, New York’s wiretapping laws only require one party to consent to video or audio recording when the recording takes place in private or with the expectation of privacy. Public recordings, however, do not require the parties’ consent.
• Is the video original and unedited? With the rampant availability of editing software, rearranging or deleting key parts can be done easily and can drastically alter the interpretation of events. An attorney should be able to establish authenticity by questioning the origin of the video or employing expert witnesses and technology to ensure that the footage is unedited.
• When did the recording start? Many public and private recordings begin after escalating events have already transpired. In some cases, not having the first few minutes of an event can drastically alter the perception of the message. Due to this occurrence, the court will consider this when determining if the footage is admissible to court.
• Do any factors alter the perception of the footage? Environmental and technological factors can affect how footage is perceived. Poor audio or visual quality, low lighting, or conversations that are not fully audible may warrant footage being considered inadmissible.

Do I Need an Attorney?

If you have been accused of or have a history of domestic violence and surveillance footage has been presented that negatively affects your status, you need legal help who knows the law and can make it work on your behalf. The first steps you take following your charges are critical, and our defense attorneys are ready to identify and implement a strategy that serves your best interest. Do not hesitate to take back control of your life and your future. Call Passalacqua & Associates, LLC, today at 315-277-3548 or fill out a contact form for a free consultation.

What is a Juvenile Offender?

According to New York state courts, a juvenile offender is any child who is age 13, 14, or 15 and is charged with committing a serious or violent felony offense. Convicted juvenile offenders are subject to lighter sentences than adult offenders but will have a permanent criminal record unless otherwise ordered.

What are Common Examples of Drug Crimes for Juvenile Offenders?

Some of the more common examples of controlled substance offenses that juveniles are charged with in New York include:

• Possession of a controlled substance
• Sale of a controlled substance
• Drug paraphernalia
• MDMA/Ecstasy charges
• Drug Trafficking
• Possession of Methamphetamines/Meth
• Misdemeanor Marijuana Possession
• Felony Marijuana Possession

What is the Legal Process for Juvenile Offenders Charged with Drug Crimes?

Juveniles who are charged with a drug crime follow a distinct path through the legal process. The steps are as follows:

• Arrest and detention: The legal process typically begins with the arrest of the juvenile. Enforcement officers have the right to detain the child temporarily, but these cases usually involve swift movement to the next steps.
• Family court proceedings: Juvenile drug cases tend to be handled in family court rather than criminal court. This is done to emphasize a rehabilitative approach with a focus on the minor’s well-being.
• Disposition hearing: In place of a trial, the family court will conduct a disposition hearing that will determine the best consequences for the offense, which may include counseling, probation, community service, or other rehabilitative services.
• Probation: Some cases result in an order for probation as part of the disposition.

What is the Role of Probation in Juvenile Prosecutions

The Probation Department almost immediately steps in when a juvenile is brought to family court for an alleged violation. At the first hearing, a juvenile offender is typically interviewed by a probation officer, who will decide whether the case should proceed or whether the minor should be released and monitored. A defense attorney will normally accompany the child for this interview.

If the Probation Department decides the case should continue, then it will be forwarded to the court and prosecutor. Then, the judge will determine if the child should be released or held in custody until the matter is resolved.

A successful defense attorney during this time may convince the probation officer to recommend the case be dropped or that the juvenile be released and monitored as opposed to prosecuted. Probation will serve its typical role after prosecution, resulting in the probation officer monitoring and supervising the minor’s release and compliance with the probation conditions.

What are Other Common Defenses for Juvenile Drug Charges?

Many possible defenses can be used to attempt to avoid drug charges. An alleged offender may challenge a drug-related charge on the basis of an affirmative defense, which means the defendant will introduce his or her own evidence to show they were acting legally or that the prosecution has no case. Common defenses used will be listed below and discussed in greater detail.

Unlawful Search and Seizure

The Fourth Amendment in the United States Constitution protects citizens from the government by outlining certain circumstances in which it is legal for authorities to search a person’s body or property. This type of challenge is common when dealing with drug crimes and their defense.

Illicit substances that are found in plain view can be seized and submitted as evidence in a drug case, but substances found through illegal means can be excluded as evidence by the court. Evidence found in an unlawful search can be a huge pillar to the prosecution’s case, so the government will often drop a criminal case if it is found that the police have violated a person’s Fourth Amendment rights.

Crime Lab Analysis

The prosecution is responsible for proving that a seized substance is the illicit drug that matches the charge by sending the drug to a crime lab for analysis. A defense attorney may be able to raise questions regarding errors or discrepancies in the analysis report and may have the analyst testify at trial to prove their methods and the type of drug in the results.

Chain of Custody

After drugs are seized following an arrest, they are typically secured in an evidence room or locker. An attorney will be able to challenge whether the drugs that are presented as evidence are the same ones removed from the defendant.

Another chain-of-custody defense involves the accusation that the police officer who handled the drugs during the investigation did so improperly.

Entrapment

Entrapments occur when an officer or other informant induces a person to commit a crime that otherwise would not have been committed. If an officer harasses or threatens a person into committing a drug crime, entrapment is a suitable defense.

What are the Possible Lifelong Consequences of a Juvenile Criminal Record?

Jailtime and probation are not the only possible consequences for juvenile offenders. Minors who have a record can face issues throughout their lives in the following areas:

• Employment opportunities
• Housing consequences
• College admissions
• Foster parenting/ Child care
• Possession of firearms
• Military service/ Law enforcement
• International travel
• Driver’s license
• Voting rights
• School activities
• Enhancements

Do I Need an Attorney?

If you or your child has been accused of a drug crime, you need immediate legal help you can depend on. When your child’s future is on the line, call Passalacqua & Associates, LLC today at 315-277-3548 or fill out a contact form for a free consultation.

What is Considered a Felony?

According to New York State courts, a felony is the most serious type of crime. A person found guilty of a felony may be sent to prison for one year or up to a lifetime sentence. Felonies in New York adhere to the state’s penal code to distinguish violent and non-violent offenses, which each carry their own standard penalties. Punishments associated with violent felonies are set for a predetermined amount of time, whereas nonviolent offenses typically adhere to a time range for a first-time offender.

What Additional Penalties Accompany Felony Offenses?

Imprisonment, fines, and probation are common punishments that follow a felony offense. However, a felony may also incur the loss of the following rights:

• Barred participation as a juror
• Prohibition from future firearm purchases
• Ineligibility from voting, also known as felony disenfranchisement
• Ineligibility from receiving welfare benefits
• Ineligibility from federally subsidized housing
• Revocation or exclusion of certain operator or professional licenses

What Are the Felony Classes and Charges in New York?

The State of New York divides felonies into five separate categories, with each charge carrying a maximum sentence. Multiple charges and prior offenses and convictions will significantly impact sentencing guidelines.

Class A Felony

Class A felonies are considered the most serious and can carry the longest sentence of life without parole. This class includes crimes such as murder, kidnapping, and some drug offenses. The minimum sentence for a violent, class A felony is 15 years to life imprisonment. It is important to note that drug felonies are further divided into A-I and A-II categories, with A-I being the more serious class of the two.

Class B Felony

Class B felonies are considered the second most severe felony within the state of New York. This class includes violent crimes such as rape, robbery, burglary and non-violent crimes such as grand larceny and certain drug offenses. Class B violent felonies impose a minimum sentence of five years in prison and up to 25 years imprisonment.

Class C Felony

Class C violent felonies can include robbery, burglary, and non-violent offenses such as drug charges, grand larceny, possession of a forged instrument, and possession of stolen property. Violent crimes in this class carry a minimum of 3.5 years in prison and up to 15 years imprisonment. A non-violent crime enforces a maximum of 5-15 years in prison with the possibility of probation.

Class D Felony

Class D felonies are the second least significant felonies recognized in New York and may include specific gun possessions, robbery, and burglary. Most crimes within this class are considered non-violent; however, certain assault and weapons possession charges are considered violent. This class typically does not carry a mandatory prison sentence unless the offender is a prior felon. Sentences can include up to seven years in state prison, sentences in a county jail, or probation.

Class E Felony

Class E felonies are considered the least serious felonies and may result in up to four years in state prison. First-time offenders receive no minimum sentences, and they may receive a probational sentence or a conditional discharge. Class E felonies are typically non-violent unless they involve an attempt to commit a violent class D felony. A long list of crimes are considered Class E felonies, including child abandonment, arson, insurance fraud, and stalking.

What is a Felony Enhancement?

An enhancement means additional penalties for an offense and includes the following:

• Prior violent felony: The State of New York imposes higher minimum and maximum terms for offenders who have been sentenced for a previous felony within the past ten years.
• Three strikes: Similar to other states, New York has enacted a three strikes law requiring a judge to order a life sentence with the possibility of parole for a person convicted of a third violent felony.
• Gun use: An offender will receive a longer sentence if a gun is used during certain felonies committed within the state.

What Defenses are Used in Felony Cases?

Most states recognized five common defenses against felony charges. The defenses are:

• Alibi: An alibi defense uses evidence to prove that the alleged offender could not have committed the crime because they were in another place when the crime transpired. Evidence to support an alibi can include eyewitnesses, video footage, or timestamped documents such as receipts or time cards.
• Self-defense: A person may act in self-defense in the following situations:
  • When there is a reasonable belief of imminent danger or bodily injury
  • When there is a reasonable belief that immediate force is necessary to defend against imminent peril and
  • When the individual has used no more force than necessary to defend against the imminent danger
• Consent: Consent involves an alleged victim willfully agreeing that a specific act takes place. Evidence used to establish consent includes witness statements and video footage.
• Challenging the validity of a charge: There are two common ways to challenge a charge’s validity:
  • Mistake of fact: The alleged offender made a mistake that negates an element of the crime and
  • False accusations: The alleged offender was accused of a crime that he or she did not commit
• Constitutional rights violation: An alleged offender may contest charges by proof that officers violated their constitutional rights, such as:
  • Arresting the accused without probable cause
  • Coercing a confession
  • Arresting the accused after an unlawful search and seizure
  • Failing to read the accused his or her Miranda rights

Do I Need an Attorney?

If you are facing felony charges, you will absolutely be fighting for your freedom and, potentially, your life. Call Passalacqua and Associates, LLC at 315-277-3548 or fill out a contact form for a free consultation.

If You Are Charged With Murder, What Are Your Rights?

What constitutes murder in the State of New York? If you are charged with murder, what are your rights? What measures can you take to contest a murder charge? And when should you reach out to a Syracuse homicide attorney for the defense representation you’ll need?

Murder is generally defined as killing someone intentionally, unjustifiably, unlawfully, and with “malice aforethought.” In 2022, 433 murders took place in New York City. In that same year, 76 murders took place in Rochester, 18 in Syracuse, and three murders were reported in Utica.

Defendants who are convicted of a murder charge in New York face a possible life sentence. If you are charged with murder in or near the Syracuse or Utica area, you must be defended by a Syracuse homicide lawyer, and you must contact that lawyer as quickly as possible.

How is Murder Defined in This State?

New York recognizes two degrees of murder: first- and second-degree murder. A premeditated killing is charged as first-degree murder. If there’s no evidence that the killing was premeditated, the charge is second-degree murder. Aggravated murder is the charge when someone:

1. intentionally causes the death of a law enforcement officer who was performing official duties
2. intentionally causes the death of an emergency medical technician, ambulance driver, firefighter, physician, paramedic, or registered nurse who was responding to an emergency
3. intentionally causes the death of a state correctional facility employee who was performing official duties
4. causes the death of a child under the age of 14 in a particularly cruel manner, such as torture

What is “Felony” Murder in New York State?

Murder charges in New York include what the law calls “felony” murder. Felony murder refers to a murder committed while an assailant is committing or attempting to commit another felony or is in immediate flight from committing or attempting to commit another felony.

Let’s say you rob a convenience store with an accomplice, and during that robbery, your accomplice shoots a gun in the air to frighten the cashier. The bullet ricochets and kills a bystander. You could be charged in this state with felony murder in the second degree.

However, if someone is intentionally killed during the commission of a felony – if your accomplice in the convenience store robbery killed the cashier, for example, for moving too slowly – you could conceivably be charged with first-degree felony murder.

What Defenses Can Be Offered Against Murder Charges?

If you are charged with murder, a Syracuse homicide attorney will defend you by investigating the details of the charge, finding flaws or weaknesses in the prosecution’s case, and preparing an aggressive, effective defense.

Your Syracuse homicide lawyer may also consult with forensic experts, psychologists, private investigators, and other professionals and experts. Depending on the details of the case, your lawyer may offer one of these defenses to a murder charge:

1. The death was accidental and caused by circumstances that do not constitute murder.
2. The death was a justifiable homicide. You were protecting yourself or someone else.
3. You lacked any intent to cause the death of the victim.
4. A mental defect or disease or an extreme emotional disturbance caused your action.
5. You’ve been misidentified, another person committed the crime, and you are innocent.

How Will Your Homicide Attorney Handle Your Defense?

If a New York prosecutor’s murder case against you is convincing and your conviction is a foregone conclusion, your defense lawyer may negotiate a plea deal. In most plea bargains, a defendant enters a guilty plea to a lesser charge and receives a reduced or alternative sentence.

Consider any plea bargain offer carefully and discuss it with your attorney. However, if you are not guilty of murder, you have the right to a trial by jury. If you are the defendant in a murder trial, your future will literally be at stake. You must be represented by an attorney you trust.

At a murder trial, your defense attorney may call on expert witnesses to provide testimony that strengthens your defense. Your attorney will cast doubt on the state’s witnesses and evidence, offer the court an aggressive defense on your behalf, and ask the jurors to return an acquittal.

What Else Should You Know About Murder Charges in New York?

If you become the target of a murder investigation, or if you are placed under arrest for murder, exercise your right to remain silent, and do not answer any questions asked by prosecutors or police officers before you consult your attorney. Don’t try to act as your own attorney, either. Nothing in the criminal justice system is more serious than a murder charge.

There is no longer a death penalty in the State of New York, but any murder defendant may be penalized upon conviction with life in prison. Under state law, the lightest sentence for a second-degree murder conviction in New York is fifteen to twenty-five years.

If you’re charged with murder in the Syracuse or Utica area, don’t trust your fate to an untested or inexperienced attorney. You must be represented by a Syracuse criminal defense lawyer who has substantial experience representing murder defendants and handling murder trials.

If the Charge is Murder, Who Should Defend You?

If you are facing a murder charge in the Utica or Syracuse area or anywhere else in New York State, you should be represented and advised by professionals who have established a reputation for legal excellence – the Syracuse criminal defense team at Passalacqua & Associates.

We are award-winning criminal defense attorneys with more than thirty years of experience fighting for defendants who have been accused of the most heinous criminal offenses. We bring that experience and a proven record of success to every case and every client.

If you’re charged with murder or with any other violent crime in the State of New York, now or in the future, contact the legal team at Passalacqua & Associates immediately by calling 315-277-3548 to schedule an in-depth evaluation of your case without cost or obligation.

What is Your Recourse if You Are Charged With a Petty Crime?

If you are charged with a minor crime or a petty offense in or near the greater Syracuse area, your immediate priority is finding the right defense attorney. You must contact the offices of a Syracuse petty crimes attorney at once.

The courts in New York usually provide pretrial intervention programs for defendants with no previous criminal record who are charged with minor crimes. Pretrial intervention programs offer qualified defendants a way to avoid jail and avoid establishing a criminal record.

What Should You Know About Pretrial Intervention Programs?

If you are a first-time offender charged with a petty offense or a misdemeanor, your attorney can ask the court to approve you for a pretrial intervention program. If you successfully complete the program, the case against you will be dismissed and you will not have a criminal record.

The courts in New York understand that incarceration is not always the appropriate answer in every case. Especially for young people charged with minor crimes and adults who have no previous criminal history, pretrial intervention may provide the best resolution.

Pretrial intervention programs cost the taxpayers far less than jails and jury trials, and pretrial intervention also gives first-time offenders the chance to perform community service and the opportunity to compensate victims through restitution.

What Does Pretrial Intervention Require?

In some cases involving petty offenses and misdemeanors, the defense and the prosecution will agree that a defendant qualifies for a pretrial intervention program. In contested cases, both sides may offer evidence about whether incarceration or pretrial intervention is best for the defendant.

Pretrial intervention requires a defendant to admit guilt, and the court orders the defendant to participate in a program that is personalized for that defendant. If a charge involves drugs, detox and counseling may be ordered. For a traffic violation, driver’s ed classes may be required.

A defendant who is approved for pretrial intervention must routinely meet with a probation officer who ensures that the terms and conditions of the intervention program are being satisfied. In many cases, a defendant can participate while residing at home and staying employed.

Pretrial intervention programs typically take from twelve to twenty-four months. If a defendant successfully completes the program, the charge is dropped, the case is dismissed, and the incident does not create a criminal record.

What Are the Pros and Cons of Pretrial Intervention?

A misdemeanor conviction establishes a criminal history that may make it difficult to find work or housing, obtain a loan, or qualify for public benefits. Pretrial diversion allows you to avoid creating a criminal record and having to deal with the difficulties a criminal record creates.

However, if you’re offered a pretrial intervention program, there are also risks, and you should discuss those risks with your Syracuse criminal defense lawyer. For example, pretrial intervention programs are usually paid for by defendants, and some programs are quite costly.

Some programs may also entail requirements that take you from your work or other responsibilities. Finally, if you fail to complete successfully a pretrial intervention program, your case will go back to court, where you could be convicted and receive the maximum sentence.

Are There Different Types of Pretrial Intervention Programs?

In the State of New York, pretrial intervention and diversion programs include but are not limited to:

• Drug courts: New York has established special courts to address cases involving substance and drug abuse issues. Qualified defendants may receive treatment, counseling, and support services instead of criminal penalties.
• Mental health courts: Some New York jurisdictions have established mental health courts that focus on defendants who are struggling with mental health issues. These courts connect defendants to the appropriate mental health treatment and services.
• Youthful offender programs: For defendants who were under 19 years old when the offense was committed, New York has also established programs that offer rehabilitation and alternative sentencing options.

Based on the particular details of your case and the specific programs that are available in your jurisdiction, a Syracuse petty crimes attorney can advise you regarding a pretrial diversion and intervention program that may be appropriate for you.

What if You Are Not Guilty?

Of course, you should not need pretrial intervention or diversion if you’ve been wrongly accused and you are innocent of any crime or petty offense. If you’re certain that you are not guilty, tell your Syracuse criminal defense lawyer, and insist on exercising your right to a trial.

If you go to trial with a misdemeanor case, your defense attorney will prepare a defense strategy that is both aggressive and effective. Your attorney will cast doubt on the state’s evidence and witnesses, offer your defense, and explain to the jurors why they should find you not guilty.

A petty offense in New York is not a criminal charge, so it does not entail the right to a jury trial. Nevertheless, if you are charged with a petty offense, and you did not commit that offense, your lawyer will explain to the judge why you are not guilty and ask the judge for an acquittal.

But if you are guilty as charged, and if you are offered a pretrial intervention program, while there are risks, you should almost always take advantage of the help, treatment, and counseling that the State of New York is offering you.

Put Your Case in Our Hands at Passalacqua & Associates

Criminal convictions often entail lifelong ramifications. However, if you’ve been arrested in the Syracuse or Utica area, and you’ve never before been charged with a crime, you may qualify for a pretrial intervention program. Let Passalacqua & Associates represent you.

The award-winning attorneys at Passalacqua & Associates have decades of criminal defense experience. We know what it takes to win the best possible outcome in your case, whether that outcome is an acquittal, probation, or pretrial intervention and diversion.

If you are in or near the Utica or Syracuse area, and if you’re currently charged with a petty offense or misdemeanor – or if this happens in the future – call Passalacqua & Associates immediately at 315-277-3548 and schedule a no-obligation, no-cost evaluation of your case.

Are You Facing a Petty Crime or Misdemeanor Charge?

If you are charged with a petty offense or with a misdemeanor in or near the Utica or Syracuse area, you will need the advice and services that a Syracuse misdemeanor defense attorney provides, and you will need to reach out to that attorney as quickly as possible.

Petty offenses in New York include a number of traffic violations and offenses like disorderly conduct and disturbing the peace. A misdemeanor is a crime that does not entail the possibility of prison but may be penalized upon conviction with a maximum sentence of one year in jail.

If you are charged with a petty offense or a misdemeanor in this state, you must take the charge seriously and contact a Syracuse petty offense lawyer at once. A misdemeanor or petty offense conviction will not send you to prison, but you could serve time in jail and pay a costly fine.

What Should You Know About Petty Offenses?

Petty offenses are the least serious offenses in the state’s justice system, and convictions for petty offenses are not considered criminal convictions. Nevertheless, the penalties for a petty offense conviction may include:

1. up to fifteen days in jail (or up to forty-five days for some repeated petty offenses)
2. fines, restitution, state surcharges, and/or
3. community service

If you are charged with a petty offense, the police will not take your fingerprints or photograph. Because petty offenses are not considered criminal offenses, defendants do not have the right to a jury trial. When a defendant is convicted of a petty offense, that conviction is typically sealed, which means that it cannot be seen by prospective landlords or by most prospective employers.

What Should You Know About Misdemeanors?

Misdemeanors in New York are categorized as Class A misdemeanors, Class B misdemeanors, or unclassified misdemeanors. The sentence for an “unclassified” misdemeanor conviction depends on the details of the conviction but may include up to a year in jail and other penalties.

The sentence for a Class A misdemeanor conviction in this state may include up to a year in jail, probation for up to three years, and a fine of up to $1,000. A conviction for a Class B misdemeanor in New York State may be penalized with up to ninety days in jail.

Misdemeanor convictions appear on routine background checks conducted by prospective employers and landlords. However, misdemeanor convictions in New York State can usually be sealed after a period of ten years with help from a Syracuse misdemeanor defense attorney.

With only rare exceptions, New York does not expunge criminal convictions, and sealing a conviction does not destroy your criminal record. That record may still be seen by prosecutors, police agencies, and any agency in New York State that issues gun permits or firearm licenses.

What Should You Do if You’re Placed Under Arrest?

If you’re charged in or near the Syracuse or Utica area with a petty offense, you will probably not be arrested. Instead, you may be given a Criminal Court Summons instead of being taken to jail.

However, if you ignore a Criminal Court Summons, and you fail to appear in court, a warrant may be issued for your arrest, and your legal difficulties will become more serious. If you are placed under arrest for any reason, be polite and do not resist the police, but exercise your rights.

You don’t have to answer any questions the police ask you, even if you’ve been detained, arrested, or you’re already in jail. If you are charged with a misdemeanor or a petty offense, promptly contact a Syracuse petty offense lawyer for the legal advice and services you will need.

What Else Should You Know About Petty Offenses and Misdemeanors?

While you’re waiting for your case to be resolved, do not speak about your case to anyone except your attorney, and don’t even consider acting as your own attorney. The law is too complicated, and any mistake that you make could land you in jail, even for a petty offense or a misdemeanor.

Don’t admit anything to police officers or prosecutors, and do not agree to any “deal” before you’ve consulted your Syracuse criminal defense attorney. Then, let your defense attorney do the negotiating and talking on your behalf.

How Will Your Attorney Represent You?

Your attorney’s first step may be seeking to have the charge against you dropped by the prosecutor or to have the case dismissed by the court. If the charge can’t be dropped and the case cannot be dismissed, your attorney may negotiate for a plea arrangement that you can live with.

However, if you’ve been charged with a misdemeanor and you are innocent of the charge, you have the right to a trial by jury. If the case goes to trial, your attorney will cast doubt on the prosecution’s case, offer evidence in your defense, and ask the jurors to find you not guilty.

Your attorney will discuss and protect your rights, explain your legal options, fight for your best interests, and bring the case to its best possible resolution. You’ll be convicted of a petty offense or a misdemeanor only if the state can prove beyond a reasonable doubt that you’re guilty.

When You Need a Defense Lawyer’s Help, Call Passalacqua & Associates

If you are charged with a petty offense or a misdemeanor in the Utica or Syracuse area, where can you turn for help? Passalacqua & Associates has more than three decades of experience prevailing on behalf of those charged with petty offenses and misdemeanors in this state.

With law offices located in Syracuse, Utica, and Rome, Passalacqua & Associates will ensure that you’re treated justly and fairly by the court, whether you are charged with a petty offense, a misdemeanor, or a serious felony.

To learn more about your legal rights in New York State, or to secure the legal services you need right now, call us at 315-277-3548. The Passalacqua & Associates legal team will provide an initial evaluation of your petty offense or misdemeanor case with no cost or obligation.

The Role of Companies in Protecting Consumers

In America, consumers expect to receive quality products when they make a purchase. Unfortunately, this doesn’t always happen. In fact, some products actually present dangers to those who purchase them. And when a person suffers an injury due to this, the role of product recalls in defective product liability cases can be broad and dynamic.

Recalling defective products is an important step for companies upholding their duty to protect consumers. It’s expected that people should get what they pay for, but consumer safety laws add an additional element. Put simply, manufacturers and others involved in the creation and distribution aspect of commerce have a legal responsibility to not endanger citizens.

When they fail and have to issue a product recall, it can have major implications on potential personal injury cases.

How Recalls Affect Product Liability Cases

Product recalls serve various purposes. Unbeknownst to many, this includes a few positive outcomes for those injured by defective products. That’s because recalls can serve as evidence of negligence, knowledge of fault, and a failure to comply with regulations. Each of these components can be incredibly beneficial in personal injury cases.

Evidence of Defect

When someone is injured due to another party’s negligence, they shoulder the burden of proof. It’s their responsibility to show that someone else’s wrongful acts resulted in their injuries or losses. This can be a complicated task — particularly when it’s necessary to prove that a product was defective enough to cause injury.

Fortunately, this becomes much simpler when a product recall takes place. Recalling a product can serve as evidence of a defect on its own. It’s essentially an acknowledgment by the manufacturer that their product poses some safety risk. This can support the plaintiff’s claim that their injury was caused by the defective product.

Evidence of Manufacturer Knowledge

The role of product recalls in defective product liability cases goes far beyond supporting the claim that a defect existed. In addition, these recalls show that manufacturers had knowledge of these defects. This knowledge is crucial when proving liability — whether through establishing negligence or strict liability in a personal injury case.

Put simply, this knowledge shows that the defect was either known of or should’ve been known of. Additional evidence may also prove that this knowledge was established long before the recall took place. When this occurs, companies may face additional legal issues. This includes the potential for punitive damages as punishment for egregious actions.

Insurance Complications

When someone suffers an injury due to another party’s negligence, it’s often not the negligent party that pays compensation. Typically, it’s their insurance company. Companies may rely on their policies to protect them financially when their products harm someone, but it’s possible that insurers may try not to pay.

This is a common problem with claims denials. However, this issue may go beyond insurers trying to avoid paying what they owe. In some instances, the liable company may not have coverage due to policy exceptions, late reporting, and failure to issue a recall in a timely manner. This can create major problems best handled by a legal professional.

Compliance With Regulations

Recalls can also play an important role in product liability cases by exposing whether the company in question is compliant with government regulations. This is true in multiple ways. First, a recall may showcase that regulations were ignored during the manufacturing process. This is a common underlying cause of product defects.

The timing of a recall — or whether one is issued at all — can also affect personal injury cases. Regulations require that companies issue recalls when it becomes clear that a product is unsafe for the public. Failure to do this in a timely manner or refusal to issue a recall can further establish negligence on part of the company.

Can Product Recalls Complicate Injury Cases?

Clearly, the role of product recalls in defective product liability cases is overwhelmingly positive. However, such recalls can occasionally complicate matters — or at least hinder an injury victim’s ability to secure compensation. For instance, a consumer may be seen as negligent themselves if they continue using defective products after a recall is issued.

In some jurisdictions, this negligence could actually disqualify an injury victim from being compensated. Additionally, it’s possible that damages may be minimized by a recall due to the appearance that the liable party took proactive measures. Even the publicity behind a recall can affect a case — with liability potentially being reduced if it’s well-publicized.

Put simply, the role of product recalls in defective product liability cases can be complicated. While such an action from manufacturers and other potentially negligent parties can prove beneficial, the reality is that they add a sometimes complicated element to a case. This is why it’s typically advisable to speak with an experienced legal professional.

Should You Accept a Settlement?

The overwhelming majority of personal injury cases are resolved with settlement offers — at least in cases where victims are granted compensation. However, it will sometimes be necessary to file litigation in order to secure financial recovery. This typically results in higher compensation amounts, but is a lawsuit always the right approach?

This is a complicated question, and it’s one typically best discussed with your attorney. That’s because the answer can vary based on the unique circumstances of your case. One of the roles of product recalls in defective product liability cases is that they sometimes increase the likelihood of a fair settlement. After all, companies often want to avoid further negative publicity.

This means it’s often possible to get a quick and fair outcome in your personal injury case. However, there will be times when negligent parties refuse to properly compensate you. At Passalacqua & Associates, LLC, we’re here to help in these situations and many others. Contact us at 315-277-3548 to schedule your free consultation.