The Ianniello Chauvin, LLP blog features updates, legal insights, and practical advice from our attorneys on personal injury, criminal defense, and civil law topics.
This week’s #fridayfacts breaks down plea bargains—agreements between defendants and prosecutors to resolve criminal cases. Defendants always have the constitutional right to trial. They may
Under Penal Law §135.25, Kidnapping in the First Degree occurs when a person abducts another and: “Abduction” means restraining someone to prevent their liberation by
This week’s #fridayfacts discusses the definition of a firearm under NY law—and why it matters. Under Penal Law §265.00(3), a firearm includes: This definition excludes
This week’s #fridayfacts discusses Criminal Contempt and the potential consequences. “Criminal contempt” generally means failing to comply with a court order—most commonly an Order of
Today’s #fridayfacts discusses the sanction imposed when a person refuses to submit to a chemical test when arrested on suspicion of DWI. When a person
Jurisdiction means legal authority—who can arrest, charge, or try a defendant. If jurisdiction is lacking, charges may be invalid. Always ensure proper venue and authority
Violent and major drug crimes = determinate. Non-violent = indeterminate. Example: Murder 2nd = 15–25 years to life; Murder 1st = life without parole. Type
Police obtain warrants under CPL Article 690 by applying to a judge with a sworn affidavit showing probable cause. Judges decide scope and necessity. No-knock
In Payton v. New York (1980), the U.S. Supreme Court struck down a NY law allowing police to enter homes for felony arrests without warrants.
Since 2019, NY has restricted cash bail for most non-violent and non-sex offenses. Bail remains for serious crimes—homicide, robbery, assault, arson, sex offenses, and major
