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