Determinate vs. Indeterminate Sentences
Violent and major drug crimes = determinate. Non-violent = indeterminate. Example: Murder 2nd = 15–25 years to life; Murder 1st = life without parole. Type
September 16, 2022
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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.
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
Driving without a license (VTL §509) is a violation—fine up to $393 and 15 days jail. Driving with a suspended license (VTL §511) is Aggravated
To convict, jurors must be firmly convinced of guilt beyond a reasonable doubt—not just “probably guilty.” It’s an honest, evidence-based doubt, not imaginary speculation. Juries
Felony conviction doesn’t always mean losing your vote. To vote in NY, you must: Those on probation or parole can vote, and rights are restored
Under VTL §1193(2)(e)(7), judges must suspend a defendant’s license if charged with DWI and: Before suspension, defendants may request a Pringle hearing to challenge due
Under PHL §3345, it’s illegal to possess prescription medication outside its original container—a $50 violation. But under PL §220.03, doing so may also trigger Criminal
“Depraved Indifference to Human Life” is a unique mental state in NY criminal law—more severe than recklessness but less than intent. It means showing utter