The Juvenile Justice Process in New York Family Court

The juvenile justice process in New York Family Court is a structured approach to dealing with legal issues involving minors. While it shares some similarities with the adult criminal justice system, it also has its own set of procedures and goals, particularly focusing on rehabilitation and ensuring the best interests of the young individuals involved. Understanding this process can be essential for families and their children as they work through the legal challenges presented when a minor is accused of delinquent behavior.

If you’re facing such a situation and need clear, professional guidance, reaching out to a skilled juvenile delinquency attorney can be a significant step in protecting your child’s rights and future. Long Island juvenile delinquency lawyer Jason Bassett can provide the necessary support and advocacy needed when facing juvenile cases in the New York Family Court system. Contact the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to schedule a consultation.

At What Ages Are Juveniles Accused Of Committing Crimes Sent To Family Court in New York?

The age range for juveniles sent to Family Court in New York is between 7 years old and 18 years old (16, 17, and 18 year-olds can begin in Adult Criminal Court as “Adolescent Offenders,” however most cases are transferred to Family Court).

What Is The Process For A Juvenile Arrested By The Police?

When a juvenile is arrested, the police must make a good faith effort to contact the child’s parent or guardian. A parent must be present when a child is questioned and the parent must consent to any questioning by the police. A lawyer can also be present if they are requested to be by the child or the parent. While at the police precinct, juveniles are kept in child-only areas. Most children are released to the custody of their parents and issued a Desk Appearance Ticket, which requires them to appear in Family Court approximately one month after their arrest.

When a child is charged with a violent felony, a sex offense, or a crime against a parent, the child is handcuffed and brought to court that day or the next day for arraignment. However, children are not taken to adult jails. If a child is brought to court immediately and detained by a judge, then the child is taken to a juvenile detention facility. To speak with a top-rated Long Island criminal lawyer, call us today at (631) 259-6060.

How Do The Procedures For Juveniles In Family Court Compare To Those in For Adults in Criminal Court?

The goal of the juvenile justice system in Family Court in New York is to provide treatment and probation supervision for children in need, along with confinement if necessary. Unlike adults convicted of committing criminal offenses, children do not leave the juvenile justice system with a criminal record. The juvenile justice system in Family Court has many of the same procedures as those found in the adult justice system in New York. Lawyers are also required to defend children in the juvenile justice system. Unlike in Adult Criminal Court, cases involving juvenile offenders in Family Court must be handled within 60 days of an arraignment. Perhaps the single biggest difference from Adult Criminal Court is that there are no juries in Family Court and thus all cases are decided by a judge.

What is a Juvenile Trial Like in New York?

In New York, a juvenile trial unfolds distinctly from adult proceedings and is formally known as a “fact-finding hearing.” This critical phase operates similarly to a criminal trial but is conducted without a jury. Instead, a judge assumes the role of both jury and arbiter, determining whether the juvenile (referred to as the “child” in court) has committed the acts alleged in the petition.

At the outset of the juvenile process, if there’s a possibility that the child will be detained, the court may hold a “probable cause” hearing. This initial hearing assesses whether there is sufficient reason (“probable cause”) to detain the child while awaiting the fact-finding hearing. Notably, unlike the adult system, there is no option for bail in these cases; the Family Court does not set bail for juveniles.

Prior to the fact-finding hearing, other preparatory sessions may take place, particularly concerning the evidence the presentment agency intends to introduce. The presentment agency, which is responsible for presenting the case against the juvenile, is obligated to share certain police reports and documents with the defense attorney. This disclosure is a legal requirement designed to ensure that the child’s lawyer has the necessary information to build a defense.

The absence of a jury, the prohibition of bail, and the focus on rehabilitation rather than punishment underpin the distinct nature of a juvenile trial in New York. These elements combine to create a process aimed at serving the best interests of the child while also addressing the legal dimensions of the alleged delinquent acts.

What Is The Purpose Of Not Having Jury Trials for Juveniles in Family Court?

One reason they don’t have juries for juveniles in Family Court is the impression that a jury trial might compromise the confidentiality of these cases. The overarching concern in all Family Court matters is the best interests of the child, even more so than the adjudication of guilt or innocence. It is thought that a trained judge is better equipped to make a determination as to the best interests of a child.

What Are the Alternative Sentences To Jail For Juveniles In New York?

In New York, a child found to be responsible for a crime can be granted what’s known as an Adjournment in Contemplation of Dismissal, which dismisses the case after six months of good behavior. The child can be given a Conditional Discharge, which requires the child to stay out of trouble for one year or face re-sentencing. A child can receive a period of Probation Supervision, during which the child must report to a probation officer, undergo psychological treatment, and, if necessary, receive drug and alcohol addiction counseling. There can be a period of confinement in a juvenile detention center. Juvenile detention centers can either be non-secure, which involves a school-like setting with an open campus, or secure, which is more like a like a jail for strictly juvenile offenders.

Aspects of Juvenile Justice	Family Court (Juveniles)
Age Range	7-18 years old
Court Processes	No juries, judge decides cases, must conclude within 60 days of arraignment
Record Sealing	Cases are sealed and do not appear on an adult criminal record
Legal Representation	Mandatory legal representation for children
Sentencing Alternatives	Adjournment in Contemplation of Dismissal, Conditional Discharge, Probation, Juvenile Detention (non-secure or secure)
Aims	Treatment and rehabilitation focus

Do Juvenile Convictions Automatically Drop Off Your Record Or Do They Stay On There?

If a case has gone through the juvenile system in Family Court, the matter is automatically sealed and does not appear as part of any adult criminal record.

Under What Circumstances Can A Juvenile Be Prosecuted in Adult Criminal Court?

For certain very serious charges, a child may be deemed a “Juvenile Offender” and prosecuted as an adult. A 13 year old child charged with Murder in the Second Degree under certain circumstances may be prosecuted in Adult Criminal Court. Children 14 or 15 years old may be prosecuted as adults under certain circumstances for the following crimes: Aggravated Sexual Abuse in the First Degree, Arson in the First Degree, Arson in the Second Degree, Assault in the First Degree, Attempted Kidnapping in the First Degree, Attempted Murder in the Second Degree, Burglary in the First Degree, Burglary in the Second Degree, Criminal Possession of a Weapon in the Second Degree (if on school grounds), Criminal Sexual Act in the First Degree, Kidnapping in the First Degree, Manslaughter in the First Degree, Murder in the Second Degree, Rape in the First Degree, Robbery in the First Degree, and Robbery in the Second Degree.

When During The Process Should A Parent Hire A Lawyer For Their Child?

As early as possible! The police often tell parents that the judge will assign a lawyer for their child when they go to court, and thus their child does not need an attorney while they’re interrogated. This might be in the bests interests of the police, but it is certainly not in the child’s best interests. A child, just like an adult, needs an attorney at the earliest stages of a case. Children with an attorney at the very beginning have a far greater chance of never even having to go to court, and if they do end up going to court they have a much greater chance of not being convicted. Hiring an experienced attorney as soon as possible for your child can save their future.

If My Child Intends To Plead Guilty To A Minor Offense, Should I Still Hire An Attorney?

You should hire an attorney if your child has been charged with committing a crime, no matter how minor. It can make the difference between your child being incarcerated or instead going home with you.

Who is a Juvenile Delinquent?

A “juvenile defendant” is a person under 16, but at least 7 years old, who has committed an offense that would be a crime if he/she were an adult. The person is then considered to be in danger of being taken into custody, treated, or monitored. A “delinquent” act is the act that was committed. Family Court hears all juvenile delinquency cases. Children aged 13-14 years may be treated as adults if they are convicted of more serious or violent crimes. These cases can be heard in Supreme Court. However, they may sometimes be transferred into the Family Court. The child can be convicted and subject to harsher penalties than a juvenile offender.

What is a Fact-Finding Hearing at New York Juvenile Court?

A juvenile delinquency case is handled in the same way as an adult case. The matter will proceed to a fact-finding hearing if the child’s lawyer cannot reach a settlement with Corporation Counsel or get an “adjustment for their client”. New York juvenile cases go through what is called a “fact-finding hearing” just like adult criminal courts.

The New York Juvenile court process for fact-finding is very similar to an adult criminal trial. Adult criminal cases are decided by either the judge or the jury. There are no juries in New York Juvenile Court cases. A judge presides over the case and determines whether the juvenile is guilty or innocent on the delinquency petition. Corporation Counsel must prove their case beyond reasonable doubt for each element of the crime, just like Criminal Court.

For more information on Juvenile Offenses In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/the-juvenile-justice-process-in-new-york-family-court/ The Juvenile Justice Process in New York Family Court

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What Can a Suffolk County DWI Defense Attorney Do For You?

In New York, a DWI is a serious criminal charge that can have a long-term impact on your future and can result in fines, increased insurance premiums, and even jail time. Having the advice and guidance of a New York DWI lawyer can lessen the impact of your charges and may even keep you out of jail. Before you make any decisions, it is important to speak with an experienced Suffolk County DWI defense attorney.

What is at Risk After a New York DWI Charge?

If you have been charged with a DWI or DWAI, you may face many consequences depending on the situation and your conviction history. These include fines, suspensions, revocations, and even jail. Even if your blood alcohol level was .05%, you could still be facing severe consequences. Having a criminal conviction also follows you throughout life, affecting employment, career options, and even housing.

Being charged with a DWI in New York does not mean that you will be convicted. The state must prove the charges against you. Having an experienced criminal defense attorney representing your legal interests may get your charges minimized or even dropped altogether.

Understanding Your Charges and Consequences

In New York, driving while intoxicated, or DWI is commonly called DUI in other areas. There are different DWI charges that may be brought depending on the factors surrounding your arrest, the level of your blood alcohol concentration, whether you had a combination of drugs and alcohol in your system, your age, and whether you cooperated with a sobriety test.

Factors Surrounding Arrest	Possible DWI Charges	Additional Notes
Blood alcohol concentration level	DWI (Driving While Intoxicated)	Level of BAC impacts severity of charges
Presence of drugs in addition to alcohol	Aggravated DWI	Combination increases severity of charges
Age of the individual	Underage DWI	Younger age may lead to specific charges
Cooperation with sobriety test	DWAI (Driving While Ability Impaired)	Non-cooperation may affect charges

Do I Need a Lawyer for DWI in NY?

Facing a DWI charge in New York is a critical situation that necessitates the experience of a skilled DWI lawyer. The state’s DWI laws are notoriously strict, with penalties that can have a profound and lasting impact on your life, including the loss of your driving privileges, substantial fines, possible incarceration, and a criminal record that could haunt you indefinitely. With such dire consequences, the decision to hire a lawyer is not just a prudent choice; it’s a vital one.

An experienced DWI lawyer brings to the table a deep understanding of the legal system, honed by years of education and practice. This experience is essential for navigating the complexities of the law and for developing a robust defense strategy. The stress of facing a DWI charge is immense, and it’s unrealistic to expect oneself to acquire an adequate understanding of the legal intricacies while simultaneously mounting a defense.

Moreover, a lawyer can offer a valuable external perspective on your case. When one is personally embroiled in a legal battle, it can be difficult to view the situation objectively. An attorney, experienced in DWI cases, will approach your case with a critical eye, identifying both strengths to leverage and weaknesses to defend against. This objectivity is crucial for a comprehensive and effective defense.

Factors That Your DWI Lawyer Will Consider

DWI charges are criminal charges that should never be taken lightly. Particularly if you have been charged with aggravated DWI, felony DWI, or have previous convictions on your record, having skilled representation may get the prosecution to regard you more favorably and lead to a possible plea bargain.

Every DWI case is unique and will be dependent upon the charges, the facts surrounding your arrest, and your history. Your charges may be minimized or dismissed depending on if the arresting officer had probable cause.

How cooperative were you at the time of the arrest? Was there a possible error in the field sobriety test? Were there witnesses who can attest that you were not intoxicated? Are you qualified for an impaired driver program? These may all be factors that our lawyer will consider when representing your case.

New York DWI Cases: Plea Bargaining

Plea bargaining refers to the process by which the prosecution and defense teams try and reach an agreement on the outcome of a criminal case without the need for a trial. Because each case is unique and there are no set rules, plea bargains do not have a standard arrangement. The defendant may agree to plead guilty to the charges and will waive his right to trial in a plea agreement. In return, the prosecution will reduce or dismiss some of the charges, recommend a shorter sentence, or any combination thereof. After that, the court will approve the plea agreement.

New York’s District Attorneys must ensure that prosecutors follow all applicable laws and policies to limit plea bargaining. New York drunk driving law places a restriction on the ability of the prosecution to reduce a DWI case to Driving While Ability Impaired (DWAI). However, prosecutors still have the right to use their discretion if there are good reasons that a DWI/DWAI is unjustified. If the court agrees, the deal will be approved.

Individual circumstances will have their own advantages in plea bargains. For DWI cases, there are many possible punishments and probation options that vary widely. A lot of people find relief in having some control over how and when the case will be resolved. Plea agreements eliminate the risk and cost of trial. The defendant is expected to make the final decision only after having discussed the matter thoroughly with their attorney. 

Having an experienced criminal defense lawyer give you legal advice about plea bargains may be able to help you understand your rights and protect your freedom. Criminal attorney Jason Bassett may be able to provide the legal assistance you need for your DWI charges. Contact us today to schedule a consultation.

DWI defense attorney in Suffolk County

Do You Qualify for Programs on Long Island?

If this was a first DWI arrest, you may qualify to participate in an Impaired Driver Program designed to raise awareness about drunk driving to prevent future consequences. Those who qualify can get a conditional license with a full license restored after the successful completion of the program.

Get the Advice of an Experienced Suffolk County DWI Attorney

If you have been charged with a DWI in New York, you may have several legal defenses available to you. Contact the law offices of Jason Bassett Criminal Attorney for a free consultation to get the advice you need after a DWI charge in Suffolk County, or anywhere on Long Island, NY. Call us at (631) 259-6060

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-can-suffolk-county-dwi-defense-attorney-do-for-you/ What Can a Suffolk County DWI Defense Attorney Do For You?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-can-suffolk-county-dwi-defense-attorney-do-for-you/

6 Important Questions To Ask A Criminal Lawyer Before Hiring Them

If you have been charged with a criminal offense, one of the first things to consider is retaining a Long Island criminal defense lawyer. Deciding on an attorney to hire takes careful consideration and assessment of relevant experience and qualifications. Representation by a criminal lawyer is important when being charged with a criminal case as your rights are at stake. Below are 6 important questions you will want to ask before hiring a criminal defense attorney.

1. Do you offer a free consultation?

When you have been charged with a criminal offense, you should first speak with an attorney by phone or in person.  At times it is difficult to tell if a lawyer is right for you simply by looking at their website or speaking on the phone.  However, a phone consultation is an important first step to hiring a defense attorney.  Top defense lawyers often offer a free consultation, this helps the potential clients decide if the attorney is a good fit, and for the attorney to decide if they want to take your case.

To schedule a free consultation with top Suffolk County criminal defense attorney Jason Bassett, call today at (631) 259-6060.

2. In what areas of criminal law do you have the most experience?

Much like how there are doctors who are experts in certain medical fields, lawyers are not a one-size-fits-all all solution for legal issues. Even within criminal law, attorneys will specialize in certain areas. So before hiring a criminal defense lawyer, it is important to ask what part of criminal law they have the most experience. Hire the criminal defense lawyer who has the most experience in the area that your case falls under. Whether you are looking for a domestic violence attorney, a DWI  lawyer, or a federal criminal defense attorney, make sure you ask your lawyer about their prior experience.

Questions for criminal lawyer on Long Island

3. What types of fees will I be expected to pay for your services?

It is important to understand all the fees you will be responsible for early on in the process.

First, understand the type of fee arrangement your lawyer prefers. Some criminal attorneys will charge based on a flat fee while others require you to pay a retainer.

Next, find out how much you will be expected to pay for their services for your particular case. Establishing an estimate at the very beginning not only helps to avoid surprises down the road, but it will also help with your financial planning.

Finally, find out how miscellaneous costs will be dealt with. Depending on how your case goes, you may incur additional costs that extend beyond the legal services provided by your criminal lawyer. These would include, filing of complaints, motions, and briefs.

Make sure to ask your criminal defense lawyer if the firm will be paying for these or will the expense come out of your pocket.

4. Will you be handling my case personally?

This one may seem like a silly question to ask but it is a good idea to know who you should expect to see at legal proceedings such as depositions and trials. It is very common for you to meet with an experienced attorney, top of the firm with decades of experience handling cases just like yours. Then when it comes time for trial, the firm sends one of the more inexperienced defense lawyers, fresh out of law school to represent you.  If you are looking for a criminal defense attorney with more than 20 years of experience who personally represents all of his clients, call Jason Bassett today.

5. How accessible can I expect you to be?

Having access to your lawyer is extremely important when you have been charged with a crime. You may be anxious about legal proceedings, procedures, or additional criminal charges. Being able to make a quick call or text to your criminal lawyer will be able to put your mind at ease. If you end up being arrested or contacted by the police, you will need to get a hold of your criminal lawyer immediately.

6. How much trial experience do you have?

Many criminal cases are settled out of court through plea bargains and as such many criminal attorneys are more experienced in negotiating plea deals than pleading cases in court.

If your case is complex and requires going to trial, you will need a lawyer who has court experience. A criminal defense attorney who is experienced with the trial will not only be aware of the many specific procedures and processes, but they will also have the necessary background to properly prepare you in key aspects such as cross-examination and testifying.

The Benefits of Hiring a Criminal Defense Attorney

A personal criminal defense attorney can help the defendant by conducting an independent investigation into all the events that led to the charges. Criminal defense attorneys can also evaluate each piece of evidence separately and determine whether the evidence is legally admissible. Public defenders are not likely to petition the court for a motion for the suppression of evidence, but this should be one of the primary functions of a defense lawyer. 

Even if the state has a strong case against the defendant, evidence may be dismissed and not taken into consideration if you have a skilled defense lawyer by your side. Hiring your own criminal defense attorney may also help you move for a case to go to trial. A trial is something that prosecutors usually do not want as prosecutors usually want to pursue a conviction as soon as possible. 

Hiring a criminal defense attorney may help the defendant pursue all legal avenues to protect their rights. Find a legal counsel that focuses on reducing charges or dismissing the case rather than negotiating a plea deal. Having an aggressive criminal defense lawyer can be a great investment toward a defendant’s freedom and future.

It is important to hire a criminal defense lawyer who is highly skilled in criminal law to represent your case. Attorney Jason Bassett may be able to help. We serve the areas of Nassau County and Suffolk County. Contact us to schedule a free consultation today.

Benefits of Hiring a Criminal Defense Attorney	Description
Independent Investigation	Criminal defense attorneys conduct independent investigations into the events leading to the charges, evaluating evidence for admissibility.
Motion for Suppression of Evidence	Defense lawyers can petition the court for the suppression of evidence, potentially leading to dismissal or reduction of charges.
Trial Representation	Skilled defense attorneys may help move the case to trial, providing an opportunity to challenge the prosecution’s case in court.
Protection of Legal Rights	Criminal defense lawyers pursue all legal avenues to protect defendants’ rights, focusing on reducing charges or dismissing the case.
Aggressive Advocacy	Hiring an aggressive criminal defense lawyer can be an investment in a defendant’s freedom and future, ensuring a robust defense strategy.

How Do I Choose Between Two Lawyers?

Choosing the right lawyer can be a pivotal factor in the successful outcome of your case. When you’re faced with a decision between two attorneys, it’s essential to focus on their experience, as it directly impacts their capability to handle your unique legal situation. However, there may be other factors that you’d want to consider depending on your specific case:

• Experience Matters: You need a lawyer with a proven track record in dealing with cases similar to yours. This means looking beyond just the years of practice to understand their success rate with your type of legal issue. An attorney’s experience in a specific field will bring valuable insights and strategies that are critical for navigating your case effectively.
• Examine Their History: Consider the attorney’s length of service, the number of cases handled within your area of need, and their geographic familiarity. Prior case results are a strong indicator of what you can expect. Lawyers with the right experience will have a keen understanding of the potential adversaries, the legal landscape, and the unique challenges that may arise in your case.
• Research and Review: A thorough examination of the law firm’s website should give you a clear picture of their experience. Look for the scope and breadth of their practice areas to ensure they align with your needs. Additionally, conduct an online search for both the firm and the individual lawyers. This can reveal their reputation, client reviews, and any additional information that may influence your decision.

Ample time and research can help you narrow down your choices. Furthermore, when you make the decision, an initial consultation with your attorney of choice can provide crucial insight as to how your dynamic with your attorney will be for the rest of your case.

What is a Lawyer Consultation?

A lawyer consultation is a meeting in which a prospective client talks about their legal problem and asks the attorney for legal advice. If you have been charged with a criminal offense, it’s crucial to get legal counsel from an experienced criminal defense lawyer. A consultation with a criminal defense lawyer can help you gain a better grasp of the complexities of New York criminal law and offer insightful information about the possible outcomes of your case. 

Scheduling a meeting with a knowledgeable criminal defense lawyer can be very helpful for your defense. By getting an initial consultation, you are already doing more for your legal defense than many other defendants by asking for assistance. 

The second step is to compile all the documentation required for your case. You may or may not have obtained paperwork from the police or the court, depending on how your case was started. Relevant documentation could be a citation, a court order, or a bail receipt that has been duly signed. You can also include any other case-related documents that would be helpful in describing the nature of the charges filed against you. 

The third step is to record what happened. If you list the events in the order they happened and shortly after the incident, you will remember them more clearly. You may have noticed that when you write, you remember information that you otherwise would have forgotten.

Contacting a criminal defense lawyer is the fourth step. Even though it may be intimidating to meet with a lawyer, it is the wisest course of action. It is important to remember that your criminal lawyer would be acting as your advocate and defending your rights. In your consultation, your attorney will analyze your case and go over the criminal procedures involved, possible penalties upon conviction, and your available legal options. 

Hiring a criminal defense lawyer is the fourth step. Whether you hire the attorney after a consultation is your choice and you should decide based on whether you think they can provide you with the legal help you require. 

An attorney can provide you with advice on how to protect your rights. An attorney can also help guarantee a fair trial and assist you in understanding the repercussions of entering a plea of guilty or not guilty. An attorney can also walk you through any possible legal defenses that would apply in your case. Choosing the right criminal defense attorney for your case is important when faced with criminal charges. 

Hire Top Suffolk County Criminal Defense Attorney

Choosing the right criminal defense attorney to represent you requires a great deal of research and consideration. Asking these 6 questions before hiring any criminal defense lawyer will ensure that you find the right one who will be the best for your case. Contact us today to speak with top Suffolk County, Long Island criminal defense lawyer Jason Bassett.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/6-important-questions-to-ask-a-criminal-lawyer-before-hiring-them/ 6 Important Questions To Ask A Criminal Lawyer Before Hiring Them

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/6-important-questions-to-ask-a-criminal-lawyer-before-hiring-them/

Is Breaking and Entering a Felony?

Breaking and entering is a term that often conjures images of burglars and masked intruders, but in the eyes of the law, the definition is more nuanced and varies from state to state. In New York, the legal framework surrounding these offenses is particularly detailed, with statutes that closely define what constitutes breaking and entering and how it is distinguished from other property crimes.

In the face of criminal accusations such as breaking and entering, the path to a just resolution hinges on the skill and knowledge of your defense. Jason Bassett, a practiced Long Island criminal defense attorney, provides the high-caliber legal representation essential for those charged with these serious offenses. Whether you’re confronting a felony or misdemeanor, his guidance is pivotal in steering your case toward a favorable outcome.

Embarking on your legal journey, allow Jason Bassett’s experience to fortify your defense. If you or someone you know has been accused with breaking and entering, whether in connection to trespassing or burglary charges, take the decisive step forward. Contact Jason Bassett to gain an ally in the courtroom and the comprehensive support necessary to challenge the charges head-on. Your defense begins now; reach out to Jason Bassett for a strategic partner in your corner.

The Basic Components of Breaking and Entering Charges

In New York, breaking and entering is not a charge in itself but is often associated with the crime of Burglary. Under New York Penal Law, Burglary involves illegally entering a building with the intent to commit a crime inside. The ‘breaking’ aspect refers to the forceful overcoming of resistance, such as breaking a window or kicking down a door, to gain entry. However, the term is somewhat of a misnomer since actual physical “breaking” is not always necessary to constitute a Burglary.

For a charge of Burglary to stick, the prosecution must prove two main components beyond a reasonable doubt: unauthorized entry into a building and intent to commit a crime therein. It’s important to note that the building in question doesn’t necessarily have to be a home; it can be any type of structure, including businesses and sometimes even temporary structures, depending on the circumstances.

Distinctions Between Trespassing and Breaking and Entering

Trespassing and breaking and entering often get lumped together but are distinct in New York law. Criminal Trespass is the unlawful entry into or remaining on a property, including a building or land, without the consent of the owner or lawful authority. It becomes a criminal charge when it involves knowingly entering or remaining unlawfully on premises.

The key difference between Trespassing and Burglary (breaking and entering) in New York is the element of intent. While Trespassing does not necessarily involve intent to commit an additional crime within the property, Burglary does. Essentially, if someone enters a property unlawfully but without the intent to commit a further crime, they may be charged with Trespassing, a lesser offense than burglary.

Legal Interpretations of “Entry” in Criminal Law

Under New York’s criminal law, ‘entry’ has a broad interpretation. It doesn’t require the entire body of the perpetrator to be inside the building. Even a minimal invasion, such as reaching a hand or an instrument through an open window, can constitute entry if it is connected to the intent to commit a crime.

Furthermore, the courts have interpreted ‘entry’ to include instances where an individual gains access to a building through deceit or fraud, not just physical breaking. For example, if someone poses as a utility worker to gain access to a home with the intent to steal, this could be classified as burglary, even though there was no ‘breaking’ in the traditional sense.

The complexities surrounding the definition of breaking and entering, the distinction from trespassing, and the legal interpretations of ‘entry’ in criminal law highlight the importance of understanding New York’s specific legal statutes. For someone facing charges related to these crimes, the nuances of the law can significantly impact the nature of the charges and the potential defenses available.

Breaking and Entering: Misdemeanor or Felony?

In New York State, the legal system does not use the term “breaking and entering” per se, but rather, this concept is included under burglary, trespassing, and related offenses. The severity of these charges can vary greatly, from misdemeanors to felonies, depending on several key factors.

Factors that Determine the Severity of the Charge

The severity of charges in New York is primarily determined by the degree of the offense, which is specified in the New York Penal Law. 

When someone unlawfully enters a building or structure with no intention to steal, they could face a misdemeanor Trespassing charge. A Criminal Trespass charge can vary from a misdemeanor to a felony based on several factors, including the location of the trespass and the circumstances surrounding the offense.

• Third Degree (Class B Misdemeanor): A person is guilty of Criminal Trespass in the Third degree when they knowingly enter or unlawfully remain in a building or property that is fenced or otherwise enclosed in a manner designed to exclude intruders. This includes entering a school or a residential building where the person does not have the right to be.
• Second Degree (Class A Misdemeanor): This charge is more serious and involves knowingly entering or remaining in a dwelling, such as someone’s home, without permission. The fact that it involves a dwelling increases the severity of the offense.
• First Degree (Class D Felony): The most serious form of Criminal Trespass occurs when an individual knowingly enters or remains unlawfully in a building and knows that it is used for manufacturing or storing explosives. The felony charge is also applicable if the trespass is committed while the individual possesses a firearm, rifle, shotgun, or explosives.

However, if during the unlawful entry, the person is discovered to have taken items from the property, the charges could be elevated to Burglary which is always a felony. Under these circumstances, the initial act of breaking and entering is assumed and incorporated into the more serious Burglary charge. Convictions for felonies typically lead to longer sentences, and those convicted will serve their time in a state or federal prison rather than a local jail.

The classification of Burglary into degrees in New York is based on several factors, including the type of building involved, whether the building is a dwelling, the time of day the crime occurred, if a weapon was involved, and whether or not someone was injured during the incident.

• A Dwelling: This is a building usually occupied by a person lodging there at night, and burglary of a dwelling is generally treated more severely.
• Weapons and Injury: Possession of a weapon during the offense or causing physical harm to another person significantly increases the gravity of the offense.

Burglary in New York is prosecuted as a felony, which is a serious offense and categorized into three degrees:

• Burglary in the Third Degree (Penal Law § 140.20): A Class D felony, it involves entering or remaining unlawfully in a building with intent to commit a crime.
• Burglary in the Second Degree (Penal Law § 140.25): A Class C felony, which includes the elements of Burglary in the Third Degree, but also occurs in a dwelling or involves the perpetrator carrying a weapon, displaying what appears to be a firearm, causing physical injury to any person who is not a participant in the crime, or using or threatening the immediate use of a dangerous instrument.
• Burglary in the First Degree (Penal Law § 140.30): A Class B felony, this involves the elements of Burglary in the Second Degree but occurs when the perpetrator causes serious physical injury to any person who is not a participant in the crime.

Being convicted of either a misdemeanor or a felony has profound consequences for the accused,  A criminal record can make it more difficult to find employment and can disqualify someone from a host of legal privileges, ranging from professional licenses and certifications to public housing or higher education financial aid.  The more serious crime of which someone is convicted, the more severe the possible sentence which can include lengthy terms or incarceration of probation.

The Role of Intent in Classification of the Offense

Intent plays a crucial role in classifying a Burglary offense in New York. The law requires that the individual not only unlawfully enters or remains in a building but also does so with the intent to commit a crime therein. If the prosecution cannot prove intent to commit an additional crime, the individual may face lesser charges, which might be a misdemeanor depending on the specific circumstances.

Legal Defenses Against Breaking and Entering Charges

There are several legal defenses available against breaking and entering charges, which hinge upon the absence of intent, authorization, or mistake. Here are some potential defenses:

• Authorization or Permission: If you had permission to enter the building or structure, this could be a complete defense against breaking and entering charges. For example, if a friend allowed you to stay at their place or if a business owner provided you with an access code, you have not committed a crime. Evidence of authorization can be demonstrated through messages, emails, or any communication from the property owner.
• Mistake of Fact: You might claim that you entered the building under a mistaken belief that you were allowed to be there. For instance, if you were under the influence and entered a building mistakenly believing it was your own, you could argue a lack of intent to commit an illegal entry.
• Ownership or Right to Enter: If you are the owner of the property, or you have a legal right to enter, then breaking and entering charges are not applicable. This situation might occur if you had to force entry into your own home after being locked out. Proof of ownership or residency, such as a deed or a lease agreement, would be crucial in this defense.
• Lack of Evidence: The prosecution must prove that you entered the building without authorization. If the evidence is weak, inconsistent, or circumstantial, you may argue that the prosecution has not met the burden of proof required for a conviction.
• Duress or Coercion: If someone forced you to break and enter against your will, you could argue that you acted under duress. This defense would require you to show that you had a reasonable fear of immediate harm if you did not comply.
• No Criminal Intent: For a conviction on burglary charges, which are commonly felonies, the prosecution must be proof of criminal intent at the time of entry. If you can show that you had no intention to commit a crime once inside, you may be able to counter the charges.

It’s important to note that a breaking and entering conviction can have significant repercussions on your life, affecting not just your finances due to fines but also potentially impacting your employment and reputation. To mitigate these consequences or to fight for an acquittal, it is advisable to seek the assistance of a criminal defense lawyer. A skilled attorney can assess the case, gather evidence, and develop a strong defense strategy tailored to your specific situation.

Legal Defenses Against Breaking and Entering Charges	Description
Authorization or Permission	Having permission to enter premises is a complete defense. Evidence like messages or emails can support this.
Mistake of Fact	Claiming entry under a mistaken belief negates intent for illegal entry, such as entering the wrong building while under the influence.
Ownership or Right to Enter	Being the owner or having a legal right to enter, like when locked out of one’s home, can counter charges. Proof of ownership is vital.
Lack of Evidence	Contesting weak or inconsistent evidence challenges prosecution’s burden of proof.
Duress or Coercion	Being forced to enter against one’s will due to immediate harm can be argued as duress.
No Criminal Intent	Demonstrating lack of intent to commit a crime upon entry can counter burglary charges, especially with evidence showing no criminal intent.

Consequences of a Breaking and Entering Conviction

In New York, Criminal Trespass and Burglary are offenses with penalties that increase based on the severity of the crime. Criminal Trespass can range from a violation to a felony, while Burglary is always a felony but the possible penalties increase as the degree does.

Criminal Trespass Penalties in New York:

• Trespass (Violation): Not considered a crime; up to 15 days in jail.
• Criminal Trespass in the Third Degree (Class B Misdemeanor): Up to 3 months in jail; occurs in a dwelling or under certain other conditions.
• Criminal Trespass in the Second Degree (Class A Misdemeanor): Up to 1 year in jail; involves a fenced or enclosed property.
• Criminal Trespass in the First Degree (Class D Felony): A maximum of an indeterminate sentence of 3 to 7 years in prison; involves entering or remaining in a building unlawfully with explosives or a deadly weapon.

Burglary Penalties in New York:

• Burglary in the Third Degree (Class D Felony): A maximum of an indeterminate term of 3 to 7 years in prison; involves entering a building unlawfully with intent to commit a crime.
• Burglary in the Second Degree (Class C Violent Felony): Up to 15 years in prison; involves entering a dwelling, or being armed, causing injury, or threatening with a weapon during the burglary.
• Burglary in the First Degree (Class B Violent Felony): Up to 25 years in prison; involves entering a dwelling with the same aggravating factors as the second degree but with more severity.

Convicted individuals can also face monetary fines, restitution to the victims, and post-release supervision. Long-term penalties can a criminal record, a loss of certain civil rights (like the right to vote while incarcerated), and the potential for increased minimum sentences for future convictions.

The Impact of a Felony Record on Future Opportunities

The repercussions of a felony record reach far beyond the criminal justice system. The stigma of a felony conviction can have profound impacts on future opportunities, including:

• Employment: Many employers are hesitant to hire individuals with a felony record, which can severely limit job prospects.
• Housing: Convicted felons may face challenges when trying to rent or buy a home, as landlords and housing authorities often conduct background checks.
• Education: Access to certain educational programs and financial aid can be restricted for those with a felony conviction.
• Professional Licenses: Obtaining professional licenses can be more difficult or impossible in some fields with a felony record.
• Immigration Status: For non-citizens, a felony conviction can lead to deportation proceedings and inadmissibility for re-entry into the United States.

The consequences of a breaking and entering conviction in New York are severe and far-reaching. They make clear the importance of high-quality legal representation which is needed to defend against these charges and protect against long-term effects on one’s life.

Navigating the Justice System with Skilled Defense from Long Island Criminal Defense Attorney Jason Bassett

Long Island criminal defense attorney Jason Bassett can play a pivotal role in such situations. He brings his legal acumen to the table, providing quality representation and aiming to achieve the most favorable outcome. When faced with the complexities of a breaking and entering charge, whether it’s classified as a misdemeanor or felony, having the right legal counsel is crucial to getting the best possible outcome. Jason Bassett, a skilled Long Island criminal defense attorney, stands ready to offer excellent and comprehensive legal representation. His commitment to justice and his clients’ well-being further drives him to give each case the attention and dedication it deserves.

Don’t navigate these dangerous legal waters alone. Reach out to Jason Bassett for a consultation to explore your options and develop a strategy tailored to your unique situation. Secure the legal support you need to address your charges effectively. Contact Jason Bassett today at (631) 259-6060 and take the first step towards not only getting the best legal defense but also towards getting your life back.

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Can I Go to Jail for a DWI on Long Island?

Driving while intoxicated (DWI) is a serious offense in the state of New York and carries some serious penalties, including a criminal record. One of the most common questions we get from clients who are charged with a DWI after a drinking and driving incident is, ‘Can you go to jail for a DWI?’

The short answer is yes, there is always a possibility that your offense could land you in jail. However, the likelihood of that happening will depend on the exact circumstances around your DWI charge. Before you make any decisions about your case, it is important to speak with a highly-rated Long Island DWI lawyer. At The Law Offices of Jason Bassett, our experienced lawyer, Jason Bassett, is dedicated to protecting your rights. He can work tirelessly to build a strong defense strategy tailored to your unique situation. Don’t navigate the legal system alone; contact us today at (631) 259-6060 to schedule a confidential consultation and find out how we can help to reduce your DWI charges.

Penalties for DWI in NY

In the state of New York, a first-time DWI offense is classified as a misdemeanor and may result in jail time, although there is no mandatory minimum sentence. Subsequent DUI convictions can be treated as felonies, leading to more severe penalties.

That being said, under state law in New York any DWI conviction can result in jail time, regardless of the number of offenses committed.

The maximum jail time for DWI offenses in New York can be broken down as follows:

• 1st offense: Up to one year in jail
• 2nd offense within 10 years: Up to four years in jail
• 3rd offense within 10 years: Up to seven years in jail

As indicated above, the time between offenses will also play a part in the severity of your potential penalties. When there are multiple DWI offenses within a 10-year span, it becomes far more likely a defendant will receive a lengthy jail sentence.

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DWI in New York First Offense

The act of driving while intoxicated in New York State carries severe consequences. If a police officer pulls you over and conducts a field sobriety test, followed by a chemical test revealing a blood alcohol concentration (BAC) exceeding the legal limit of 0.08%, you will likely be charged with DWI. A first-offense DWI is considered a misdemeanor and carries the following penalties upon conviction, depending on the specific charges involved:

• A fine ranging from $500 to $1,000.
• Possibility of being sentenced to imprisonment for a maximum period of one year, but there is no mandatory minimum sentence required.
• A minimum six-month driver’s license suspension, with the possibility of obtaining a conditional license.
• Mandatory installation of an Ignition Interlock Device in your vehicle.
• Attendance at a victim impact panel addressing the consequences of drunk driving.
• Court fees totaling approximately $400.
• Three years of probation.

When facing a first-offense DWI charge in New York, it’s crucial to have a reliable lawyer by your side. At The Law Offices of Jason Bassett, our dedicated Long Island DWI lawyers understand the complexities of the legal process and will guide you with confidence. With meticulous analysis of the evidence, skillful challenges to the prosecution’s case, and unwavering advocacy for your rights, we strive to achieve the best possible outcome for your DWI case. Contact us today for assistance and peace of mind.

Is Jail Time Mandatory For 1st DUI In NY?

In New York, jail time is not mandatory for individuals convicted of their first DUI offense. According to the state’s DUI laws, a first-time DUI offender is not required to serve a minimum jail term. However, while there isn’t a mandatory minimum, the courts still have the authority to impose a sentence of up to one year of imprisonment, particularly for certain impaired driving offenses.

The likelihood of serving jail time can increase if the offense involves certain aggravating factors. One of the key factors that may affect the severity of the sentence is the Blood Alcohol Content (BAC) level at the time of the arrest. A high BAC can result in harsher penalties, including the possibility of jail time.

It’s also important to remember that the absence of a mandatory minimum does not mean escaping consequences. There are other penalties and consequences associated with a first-time DUI in New York, such as fines, the suspension of driving privileges, and the requirement to attend DUI education programs or install an ignition interlock device.

Ultimately, whether jail time is included in the sentence for a first DUI in New York will depend on the specifics of the case, including the BAC level and the presence of any aggravating factors. Therefore, while not mandatory, jail time is still a potential outcome for a first DUI offense in New York.

Factors that determine jail time

When determining if jail time is an appropriate penalty for a DWI conviction, the judge will look at a variety of factors.
One of the major factors a judge will evaluate is the question: Is this a first offense or a repeated DWI conviction? In New York, a first-time DWI offense usually does not result in any jail time (other than the time spent in custody between the arrest and the arraignment). Although subsequent offenses do have a greater likelihood of jail time, several other factors are also considered by the courts.

One factor that plays a major role in the length of your potential jail sentence is your blood alcohol content.

When your blood alcohol content (BAC) was below .08 percent, you’ll likely be charged with a DWAI (Driving While Ability Impaired), which carries comparatively lighter penalties. Driving with a BAC that is greater than .08 and less than .18 percent is considered a DWI. Those who blow greater than .18 percent will be charged with Aggravated DWI, which is an even more serious crime and could lead to a higher chance of you landing in jail.

The courts look at additional factors before deciding on a possible jail sentence. These include the presence of passengers in the vehicle at the time of the offense if injuries were sustained and their severity, and if children were involved.

Factors That Determine Jail Time	Description
First offense or repeated conviction	A major factor considered is whether it is a first-time DWI offense or a repeated conviction. In New York, first-time DWI offenses usually do not result in jail time, while subsequent offenses have a greater likelihood of jail time.
Blood Alcohol Content (BAC)	The level of Blood Alcohol Content (BAC) plays a significant role in determining the length of a potential jail sentence. DWAI (Driving While Ability Impaired) charges are typically for BAC below .08%, DWI (Driving While Intoxicated) charges apply for BAC between .08% and .18%, and Aggravated DWI charges for BAC above .18%.
Presence of passengers	The presence of passengers in the vehicle at the time of the offense is considered. If injuries were sustained and their severity, as well as whether children were involved, are also taken into account when determining the potential jail sentence.

When is the best time to get an attorney?

A driver should immediately seek legal representation. It is important to never speak with an arresting police officer or any other officers without the presence of an attorney. In addition to protecting your rights during questioning, an attorney is able to assist with a variety of motions as well as evidence collection in a DUI case. This will help the attorney prepare better for trial. Even if the goal is to settle, an attorney can offer guidance. You will have the opportunity to make a deal with them and to decide if it is worth taking on the possibility of a trial. If you are facing DWI charges in Nassau County or Suffolk County, call criminal defense attorney Jason Bassett.

Possible Defenses to a DWI Charge

It may appear that your Long Island DWI arrest seals the deal. The prosecution may present the results of a breathalyzer and field sobriety test alongside busy roads as undisputed evidence that you drove drunk. However, there are many possible ways that both the evidence and the procedures used to arrest you for a DWI can be challenged.

A defense lawyer’s ability to deal with technical problems may be key in a successful DWI defense. Many of these issues focus on breathalyzers and their crucial role in defense. A skilled criminal defense lawyer must be experienced in identifying technical issues that the prosecution might have against you.

A defense lawyer must be able to cross-examine facts and obtain favorable verdicts for their clients. For DWI charges on Long Island, some possible questions a defense lawyer may ask include: 

• Was the machine maintained properly?
• Is the machine calibrated properly?
• Did the police officer have an up-to-date license when they administered the test?
• Is the video supporting the officer’s claim of intoxication?

Defense attorney Jason Bassett is experienced in scrutinizing claims made by the officer, exposing inconsistencies, and allowing the defendant a chance to tell their story. In many cases, the most important evidence relies on a machine that calculates your blood alcohol level (BAC). But machines can be wrong for a variety of reasons. This, along with the credibility and reliability of the officer are often key factors. However, you have many other options for defense as well. Call Defense lawyer Jason Bassett today to learn more.

Hiring A Top First-Time DWI Lawyer In Suffolk County

Jail time is not inevitable in a DWI conviction. A court will consider many factors before making a decision on every case. Having the right criminal defense attorney by your side can greatly reduce the chance of you serving any jail time for your first DWI offense or a subsequent offense. Anyone who is facing charges of Driving While Intoxicated or Driving Under the Influence should seek the legal advice of an experienced criminal defense attorney. If you are faced with a DWI offense and feel anxious about potential jail time, contact Jason Bassett and his team for a free initial consultation. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

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Are DWI Checkpoints Illegal In New York?

We know that driving in New York State can be stressful, especially since police on Long Island closely monitor traffic violations. Law enforcement is particularly strict when it comes to drunk driving, and the consequences and cost of being convicted of a DWI can be life-changing. Suppose you are stopped on the road in NY at an intoxication checkpoint. In that case, it is important to know whether the officer had the right to set up the DWI checkpoint, to begin with, if the checkpoint was conducted legally, and what you can legally be compelled to do in this situation. 

If you’ve been stopped at a police checkpoint, questioned, and arrested for drunk driving, consider seeking the help of Jason Bassett, a highly regarded Long Island DUI/DWI attorney. For many years, Bassett has been providing assertive legal representation to individuals who have been charged with drunk driving offenses. At the Law Offices of Jason Bassett, our team of experienced attorneys may be able to assist you in constructing a robust legal defense against your charges. To schedule a free consultation, please call us at (631) 259-6060.

What Is A DWI Checkpoint?

A DWI checkpoint sometimes called a “sobriety checkpoint” or “DUI roadblock”, is a location set up by law enforcement to stop vehicles, make observations, and test drivers for alcohol or drug intoxication.

Police officers are supposed to follow past legal decisions when it comes to the specific sequence or pattern they should use to stop the vehicles. If they aren’t going to stop every vehicle, they need to come up with some other impartial basis such as stopping every third car. The police officers conducting these сhecks can not change or alter the pattern on the spot.

New York DWI lawyer

The DUI checkpoint should have safety precautions so that drivers can stop or drive through the checkpoint safely. There should be signs informing drivers about the presence of the checkpoint posted along the road leading up to it.

If you are stopped and arrested at a checkpoint that the legal requirements imposed upon law enforcement, your DUI lawyer will be able to challenge whether the officer had the right to detain you and possibly have evidence against you ruled inadmissible in court.

Can Police Legally Set Up A DUI Checkpoint In New York?

In New York, it is perfectly legal for police departments to set up sobriety checkpoints where officers may stop and check drivers for a short time to find out if they are driving in a state of intoxication. However, these checkpoints have to conform to the legal limitations placed upon them and must be conducted in a fair and impartial manner.

Under New York law, DUI checkpoints are only legal so long as the police do the following:

• Stop drivers at the checkpoint only for a reasonable amount of time.
• Set up proper safety precautions including adequate lighting and fair warning of the checkpoint’s existence.
• Use a predetermined random formula or pattern for which cars to stop.

Do I Have to Show ID at a DUI Checkpoint in NY?

When approaching a DUI checkpoint in New York, it is important to be aware of your obligations and the expectations of law enforcement officers. Yes, you are required to show your ID at a DUI checkpoint. Upon stopping, police officers are likely to ask for your full name, driver’s license, and vehicle registration.

Compliance with these requests is crucial. Refusing to provide your identification or vehicle documents can lead to additional legal issues and may be considered an infraction. It’s important to note that while you have the option to legally turn your vehicle around to avoid a checkpoint, once you are in the queue and reach the officers, you must present your ID if requested.

The purpose of a DUI checkpoint is to ensure the safety of all road users by identifying and taking appropriate actions against impaired drivers. Providing your ID promptly can help ensure the checkpoint process is quick and efficient for everyone involved. 

Do I have Legal Rights at DUI Checkpoints?

Motorists possess certain rights concerning DUI checkpoints. These checkpoints are a lawful and effective law enforcement technique in which officers can use roadblocks to stop drivers and apprehend drunk drivers, ensuring the safety of all individuals on the road. However, police officers are constrained in their ability to stop vehicles for sobriety checks. They are required to follow stringent procedural protocols as defined by the New York courts, ensuring that they do not violate motorists’ rights. It is important that drivers understand their constitutional rights in relation to DUI checkpoints to safeguard their rights.

Police officers are not authorized to search a person or vehicle without consent from the driver or probable cause. If they conduct an unauthorized or unconsented search, they infringe on the driver’s rights. Drivers who turn around and avoid this kind of roadblock provide police officers with probable cause to stop them, particularly if they make an illegal traffic maneuver, such as an improper U-turn. In this scenario, a police officer will likely detain the driver.

Drivers are legally obligated to provide their license and registration when requested. Police officers must adhere to a random algorithm or system when halting vehicles at a checkpoint. Police officers will pose various questions to motorists to verify whether they are driving while intoxicated. They may also ask drivers to take a field sobriety test to determine their blood alcohol concentration (BAC). Motorists can decline to respond to law enforcement’s inquiries or undergo a chemical examination. Additionally, they have the right to remain quiet until they receive legal counsel. However, drivers who decline to take a chemical test can have their license suspended due to implied consent laws in New York. New York courts consider the probable cause to safeguard drivers’ constitutional rights. If stopped at a checkpoint, drivers are advised to remember and exercise their rights.

Aspect	Description
Purpose	Locations set up by law enforcement to stop vehicles, observe drivers, and test for alcohol or drug intoxication.
Legal Requirements	In New York, checkpoints must adhere to regulations, including stopping drivers for a reasonable time, ensuring safety precautions like proper lighting and signage, and using a predetermined random formula for vehicle stops.
Rights of Motorists	Drivers have rights at checkpoints, such as refusing searches without consent or probable cause, providing identification, and consulting legal counsel before responding to inquiries or undergoing tests.

What Should You Do If You Are Arrested At A DWI Checkpoint?

If set up and conducted properly, sobriety checkpoints can be an effective way to ensure safer roads and eliminate intoxicated driving. However, police cannot trample all over your rights in the name of public safety and must carefully follow the laws governing checkpoints.

If you are looking for the best defense strategy after being detained at a DUI checkpoint on suspicion of drunk driving, we are here to help. Contact us for a free consultation with Jason Bassett, a top-rated New York DWI lawyer.

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What Happens When You Violate Parole for the First Time on Long Island?

Violating parole on Long Island, New York, can result in severe consequences for individuals who have been granted early release from prison. Whether it’s a technical violation or a new criminal offense, understanding what happens when you violate parole is crucial. It’s essential to be aware of the potential penalties, legal procedures, and the importance of seeking legal counsel to navigate this challenging situation effectively.

If you find yourself facing allegations of parole violation, it is imperative to seek the guidance of an experienced parole violation attorney. Skilled Long Island parole violation lawyer Jason Bassett can help protect your rights, assess the details of your case, and provide valuable advice on the available defenses and mitigating factors. At The Law Offices of Jason Bassett, our team works tirelessly to build a strong defense strategy tailored to our clients’ specific circumstances, advocating for the best possible outcome in their parole revocation hearings.

Don’t face the complexities of parole violation alone. Take the proactive step of consulting with a knowledgeable attorney who specializes in parole law. With their support, you can navigate the legal process with confidence, ensure your voice is heard, and strive for the most favorable resolution. Contact The Law Offices of Jason Bassett today at (631) 259-6060.

Parole and Its Purpose

Parole is a supervised release program granted to individuals who have served a portion of their prison sentence and have demonstrated good behavior and rehabilitation. The primary purpose of parole is to reintegrate individuals back into society while providing them with support and supervision. It offers a chance for individuals to demonstrate their ability to abide by the rules and conditions set by the parole board.

What Are The Conditions of Parole? 

Parole is a form of supervised release granted to individuals, allowing them to complete their sentence outside of prison under supervision, with specific conditions set by a parole board. These conditions, tailored to the individual’s situation, must be closely followed. Non-compliance can lead to severe consequences, including the possibility of returning to prison.

The conditions for parole often include obeying all laws, informing parole officers about any changes in residence or employment situations, and a prohibition on possessing firearms or other weapons. Parolees must also maintain regular contact with their parole officer and fulfill any financial obligations, such as fines or restitution payments. In some cases, additional restrictions may apply, such as drug testing, curfews, or staying away from certain individuals or locations.

Each parolee’s situation is unique, and the conditions imposed are influenced by the type of crime committed and the individual’s behavior during imprisonment. If there is any uncertainty about whether an action might constitute a violation, seeking guidance from an experienced Long Island parole violation lawyer is essential. Jason Bassett can provide legal counsel and representation to navigate the complexities of parole and defend the rights and freedom of parolees throughout the parole period. Contact The Law Offices of Jason Bassett today to schedule a consultation.

Importance of Compliance with Parole Conditions

The conditions set by the parole board are established with the aim of ensuring public safety and supporting the parolee’s rehabilitation journey. By strictly adhering to these conditions, parolees demonstrate their commitment to the parole process and their dedication to personal growth and change. This compliance fosters a positive relationship with their parole officer and builds trust within the system.

Nevertheless, it is essential to acknowledge that parole violations can happen, sometimes unintentionally, due to factors such as misunderstandings, unforeseen circumstances, or personal challenges. In such cases, seeking the assistance of a knowledgeable parole violation attorney is crucial. These skilled legal professionals can provide valuable guidance, assess the specific situation, and develop a strategic defense strategy tailored to the parolee’s unique circumstances.

Types of Parole Violations

Parole violations can be classified into different categories, each with its own implications and consequences. Understanding these types of parole violations is essential for both parolees and their legal representation. Here are the main categories of parole violations:

Technical Violations

Technical violations refer to the failure to comply with the administrative requirements and conditions outlined in a parole agreement. These violations do not involve the commission of new criminal offenses but rather revolve around the parolee’s adherence to specific parole terms and regulations.

• Failure to report to the parole officer as scheduled: Parolees are typically required to meet with their parole officer on specific dates and times. Failing to attend these scheduled meetings without a valid reason is considered a technical violation.
• Failing a drug test: Many parole agreements require regular drug testing to ensure the parolee remains drug-free. If a parolee tests positive for prohibited substances or fails to submit to a drug test, it constitutes a technical violation.
• Changing residence without notifying the parole officer: Parolees must inform their parole officer of any changes in their residential address. Moving without proper notification is considered a technical violation as it hinders the officer’s ability to supervise the parolee effectively.
• Breaking curfew restrictions: Some parole agreements impose curfew restrictions, requiring parolees to be at a designated location during specific hours. Violating curfew by being outside the allowed time frame without valid justification constitutes a technical violation.

Understanding these examples of technical parole violations is vital for parolees to maintain their parole status and successfully complete their terms. Parolees should consult with their parole officers or seek legal guidance if they have any questions or concerns regarding their parole conditions to ensure compliance and avoid potential violations.

Types of Parole Violations	Description
Technical Violations	Failure to comply with administrative requirements and conditions outlined in a parole agreement. No new criminal offenses involved, but parolee must adhere to specific parole terms and regulations.
Failure to report to the parole officer as scheduled	Parolee’s failure to attend scheduled meetings with the parole officer without a valid reason.
Failing a drug test	Parolee tests positive for prohibited substances or refuses to undergo a drug test.
Changing residence without notifying the parole officer	Parolee fails to inform the parole officer of a change in residential address.
Breaking curfew restrictions	Parolee violates designated curfew hours without valid justification.

New Criminal Offenses

Another type of parole violation occurs when a parolee commits a new criminal offense while on parole. This category of violation involves engaging in behavior that is considered a crime, which can range from drug possession or theft to more serious offenses like assault or robbery. When a parolee is arrested or charged with a new crime, it not only violates the terms of their parole but also exposes them to potential legal repercussions for the new offense. The consequences for new criminal offenses can include parole revocation, additional criminal charges, and an extended prison sentence.

Failure to Attend Required Programs

Failure to attend required programs or classes is also a type of parole violation. Parole agreements often include mandates for parolees to participate in specific programs aimed at rehabilitation, such as drug treatment, vocational training, or counseling. Not attending these required programs can be considered a violation, as it demonstrates non-compliance with the conditions outlined in the parole agreement. Parolees should take these programs seriously and actively engage in the prescribed activities to demonstrate their commitment to rehabilitation and successful reintegration.

By understanding the different types of parole violations, parolees can make informed decisions to avoid behavior that may jeopardize their parole status. Seeking legal guidance and staying in regular communication with their parole officer can provide invaluable support in navigating the complexities of parole conditions and reducing the risk of violating them. Compliance with the terms and conditions of parole is crucial for individuals seeking to successfully complete their parole and reintegrate into society.

Consequences of Parole Violation

Violating the terms of parole can lead to a range of consequences that can significantly impact a parolee’s life and legal status. Understanding these potential outcomes is crucial for individuals on parole and their legal representation. Here are some of the consequences of parole violation:

Potential Arrest and Detention

When a parole violation occurs, law enforcement authorities have the power to arrest the parolee. This can happen if a parole officer or another authorized individual has probable cause that the parolee committed a violation or that the parolee was involved in a new criminal offense. Once arrested, the parolee may be held in custody pending further legal proceedings. The length of detention can vary depending on the circumstances and the specific violation.

Parole Revocation Hearings

Upon arrest or notification of a parole violation, a parolee is entitled to a parole revocation hearing. This hearing is conducted to determine whether the parolee did indeed violate the terms of their parole. Aside from the arguments from the parolee’s side on why their parole should not be revoked, the NYS Department of Corrections and Community Supervision would also present evidence and arguments as the prosecution during the hearing. The parole board or a hearing officer then assesses the evidence and makes a decision regarding parole revocation.

Penalties for Parole Violation

If a parole violation is established, the parolee may face various penalties. These penalties can vary depending on the severity of the violation and the parolee’s history. Some common penalties include:

• Fines and Monetary Sanctions: Parole boards or courts may impose fines or monetary sanctions as a consequence of parole violation. The amount of the fine can vary based on the violation and jurisdiction, and failure to pay the fine can lead to further legal consequences.
• Extended Parole Period: As a result of the violation, the parole period may be extended. The parolee may be required to serve additional time under supervision to make up for the violation. This extension aims to ensure the parolee has sufficient time to fulfill their obligations and demonstrate compliance.
• Reinstatement of Original Sentence: In more severe cases, parole revocation can lead to the reinstatement of the original sentence. This means that the individual may be returned to prison to serve the remaining portion of their initial sentence, which had been previously suspended or reduced due to parole.
• Additional Conditions Imposed: Following a parole violation, the parole board or court may impose additional conditions on the parolee. These conditions can include stricter supervision, mandatory counseling or treatment programs, or community service. The goal is to address the issues that led to the violation and promote successful reintegration.

If a “Probable Cause” finding is made, the parole violation will progress to the Final Hearing stage. On the other hand, if a “No Probable Cause” finding is made, the Parole Hearing Officer (PHO) will order the lifting of the warrant, and the parolee will be reinstated to supervision.

Appeals Process

If parole revocation is decided against the parolee, they have the right to appeal the decision. The appeals process allows for a review of the revocation decision by a higher court or appellate body. The parolee’s attorney can help file the necessary paperwork, present legal arguments, and advocate for the reversal or modification of the revocation decision.

Less is More Parole Reforms

Significant changes have been made to the parole revocation process under the Less is More reform. One of the key reforms is the establishment of the right to counsel at every stage of the parole revocation process, ensuring individuals on parole have legal representation to protect their rights. Understanding these rights and procedures is essential for individuals on parole and their legal representation. Here are the key aspects of legal rights and procedures in parole revocation cases:

Under the Less is More (LIM) parole reforms, individuals accused of a parole violation are entitled to a preliminary hearing. For those who are detained, these hearings must take place within 5 days of their arrest on the parole warrant. Non-detained individuals should have their preliminary hearings within 10 days of their release on recognizance or when the notice of violation was issued.

If probable cause is established during the preliminary hearing, the individual proceeds to a final hearing. According to the LIM reforms, detained individuals should have their final hearings within 30 days of the finding of sufficient proof at the preliminary hearing. For non-detained individuals, the final hearings must be conducted within 45 days.

A notable aspect of the LIM reforms is the requirement for these hearings to be held in the community rather than within jails. This change aims to foster a more conducive and fair environment for parole revocation proceedings, emphasizing the importance of community involvement in the decision-making process.

Limits on Incarceration

Under the Less is More parole reforms in New York, there are specific limits on periods of incarceration for technical violations. Reincarceration is not allowed for certain technical violations, including curfew violation, alcohol/substance use (unless it involves driving under the influence), failure to notify the parole officer of a change in employment status, failure to pay surcharges and fees, and obtaining a driver’s license or driving a car with a valid license unless explicitly prohibited by the person’s conviction. Failure to notify the parole officer of police contact, unless intended to conceal illegal behavior, is also not eligible for reincarceration.

For all other technical violations, the periods of reincarceration are as follows: 0 days for the first and second violations, 7 days for the third violation, 15 days for the fourth violation, and 30 days for the fifth violation or subsequent violations.

Regarding absconding, which refers to intentionally avoiding supervision by failing to maintain contact with the assigned parole office and not notifying the parole officer of a change in residence, resulting in the parole officer’s unsuccessful attempts to re-engage, the periods of reincarceration are as follows: 7 days for the first violation, 15 days for the second violation, and 30 days for the third violation.

These reforms aim to establish more proportionate and rehabilitative responses to technical violations within the parole system. By setting clear limits on periods of reincarceration, the reforms promote a fairer and more effective approach to parole supervision.

Understanding the legal rights and procedures involved in parole revocation cases empowers parolees to protect their interests and seek a fair outcome. Engaging the services of a skilled attorney is essential to navigate these processes effectively, ensure the parolee’s rights are upheld, and present a robust defense against the allegations of parole violation.

Long Island parole violation lawyer

Defenses and Mitigating Factors

When facing parole violation allegations, it is crucial to explore potential defenses and present mitigating factors to the court. A strong defense strategy can help minimize the consequences of parole violations and advocate for a fair outcome. Some valid defenses include:

• Innocence: If the parolee believes they have been wrongly accused of violating parole conditions, asserting their innocence is a valid defense. This defense involves providing evidence, alibis, or witness testimony to refute the allegations and demonstrate that no violation occurred.
• Lack of Intent or Knowledge: In some cases, parole violations may result from misunderstandings or lack of knowledge about specific conditions. Showing that the violation was unintentional or a result of confusion can be a defense. Providing evidence such as communication records, emails, or witness statements to support this defense can be helpful.
• Compliance with Parole Conditions: Demonstrating a consistent history of compliance with parole conditions can be a strong defense. Gathering evidence, such as documented proof of attending required programs, regular reporting, or testimonials from employers or community members, can support this defense.

In addition, the court may also consider these mitigating factors:

• Positive Progress and Rehabilitation: Presenting evidence of positive progress, such as completion of educational programs, successful employment, or involvement in community service, can help mitigate the perception of parole violation. This demonstrates the parolee’s commitment to rehabilitation and positive changes in their life.
• Compliance with Some Conditions: Even if a parolee has violated certain conditions, demonstrating compliance with other aspects of their parole can be a mitigating factor. Providing evidence of adherence to drug testing, employment requirements, or maintaining a stable residence can showcase the parolee’s overall effort to abide by the terms of their parole.
• Personal or Medical Circumstances: Explaining any extenuating personal or medical circumstances that may have contributed to the violation can be a mitigating factor. This could include serious illness, family emergencies, or mental health challenges that impacted the parolee’s ability to comply fully.

In parole violation cases, understanding the available defenses and presenting mitigating factors can significantly impact the outcome. Valid defenses, such as innocence or lack of intent, can challenge the allegations while demonstrating compliance with parole conditions can help mitigate the perception of violation. Additionally, presenting mitigating factors, including positive progress, adherence to some conditions, or personal circumstances, can influence the court’s decision.

Seeking the assistance of an experienced parole violation attorney is crucial in navigating these complexities. They can provide invaluable guidance, conduct a thorough case evaluation, and build a strong defense strategy tailored to the specific circumstances. With the support of a skilled attorney, parolees can protect their rights, present a compelling case, and strive for a favorable outcome in parole violation proceedings.

Importance of Hiring an Experienced Parole Violation Attorney

Navigating parole violation proceedings can be complex, and having the guidance of an experienced parole violation attorney is essential. An attorney who specializes in parole law can assess the case, advise on available defenses, and provide invaluable expertise throughout the process.

Consultation and Case Evaluation

Engaging an attorney begins with a consultation and case evaluation. During this initial phase, the attorney will review the details of the alleged parole violation, gather relevant information, and discuss potential defense strategies. This consultation helps establish a clear understanding of the case and allows the attorney to provide guidance based on their expertise.

Building a Strong Defense Strategy

Once retained, the attorney will work closely with the parolee to build a robust defense strategy. This involves analyzing the evidence, conducting a further investigation if necessary, identifying applicable defenses, and preparing a persuasive case. The attorney will advocate for the parolee’s rights, challenge the prosecution’s evidence, and present strong arguments in support of a favorable outcome.

Navigating the consequences of violating parole for the first time can be a daunting and complex process. Understanding the potential outcomes and legal procedures is essential to protect your rights and secure the best possible outcome. This is why seeking the guidance of an experienced parole violation attorney is crucial.

If you or someone you know is facing allegations of parole violation, do not hesitate to consult with a knowledgeable parole violation attorney. They will provide quality advice, assess the details of your case, and develop a strong defense strategy tailored to your specific situation. 

Remember, parole violation cases are serious matters with potential long-term consequences. Taking the proactive step of obtaining legal counsel is essential to protect your rights and future. 

At The Law Offices of Jason Bassett, experienced Long Island criminal defense attorney Jason Bassett has provided skilled legal defense to parolees who have been alleged to violate the terms of their parole. Led by attorney Bassett, our team can conduct a thorough investigation of your case and help you navigate the legal proceedings with confidence, ensuring your rights are upheld, and increasing your chances of a favorable resolution. To learn more about how we can help you, contact us today at (631) 259-6060 to schedule a consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-happens-when-you-violate-parole-for-the-first-time-on-long-island/ What Happens When You Violate Parole for the First Time on Long Island?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-happens-when-you-violate-parole-for-the-first-time-on-long-island/