Blog

The Ianniello Chauvin, LLP blog features updates, legal insights, and practical advice from our attorneys on personal injury, criminal defense, and civil law topics.

Red Light Cameras

Municipalities like Albany and Colonie issue camera-based red light and bus stop tickets. These are civil fines, not moving violations—no points or jail time. Tickets

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Self Defense

 Deadly force is justified when a person reasonably believes it’s necessary to defend against imminent deadly force. A person may act first if the threat

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Joyriding

 Under PL §165.05, taking someone’s vehicle without consent—“joyriding”—is a Class A misdemeanor (up to 1 year jail). Repeat offenses = Class E felony (up to

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Controlled Substances

 Under PHL §3306, controlled substances are divided into five schedules, including narcotics, hallucinogens, depressants, and stimulants. Penalties range from: Drug type and quantity determine charge

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Unauthorized Practice of Law

 Pretending to be an attorney—or aiding someone who does—is a Class E felony under Education Law §6512. Non-lawyers may represent themselves but not others. Conviction

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Computer Trespass

Accessing someone else’s computer, phone, or account without permission is Computer Trespass under PL §156.10(2). It’s a Class E felony, punishable by up to 4

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Ghost Guns

As of 2022, it’s illegal in NY to knowingly possess a ghost gun—a firearm, rifle, or shotgun without a serial number or manufacturer ID. Conviction

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Dismissal in the Interests of Justice

 Under CPL §§170.40 and 210.40, judges may dismiss charges when continued prosecution would cause injustice. Ten factors guide this decision—seriousness of offense, harm caused, defendant’s

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Preliminary Hearings

Defendants jailed on felony charges are entitled to a preliminary hearing within a week. Purpose: ensure continued confinement only when there’s reasonable cause to believe

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