Saratoga Springs Attorneys for Trusts, Estates, and Business Law

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

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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Unlawful Eviction

Under RPAPL §768, landlords may not use “self-help” tactics to remove tenants. Illegal actions include: Unlawful eviction is a Class A Misdemeanor, punishable by up

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 Appeals

 Defendants have the right to appeal court rulings or verdicts to a higher court. Common appeal grounds: Appeals from local courts go to County Court,

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Assault

 Assault occurs when one person causes injury to another—intentionally, recklessly, or negligently. Weapons include guns, knives, or “dangerous instruments” like cars, phones, or even high

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Consecutive Sentencing

Concurrent sentences run at the same time; consecutive run back-to-back. Example: 25-year Assault + 15-year weapon charge Consecutive sentences only apply when crimes stem from

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Photo Arrays

 Photo arrays help identify suspects but must be fair and double-blind—neither officer knows the target. If improperly conducted (e.g., duplicate photos, racial imbalance, suggestive behavior),

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Crimes Outside the Penal Law

 Did you know hundreds of NY crimes exist outside the Penal Law? Examples include: Knowledge of these cross-volume offenses is critical—an experienced defense attorney must

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