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Buffalo New York Law Q & A

In this of section our website, we’ve answered hundreds of questions we’ve been asked over the years. So if you have a question, we might have the answer right here.

There are four ways to get an answer to your question.

One, type your question in the search box to the right and click “Search” – every page we have related to that question will then be shown.

Two, below and to the right, you’ll see a section called “Categories”. Just click the section related to your question and every page we have that is applicable to your question will be presented for your review.

Three, the links at the bottom of this page will take you to a web page that can answer many of the questions you might have.

And four, if we don’t have your answer here, or if you’d like to speak with us, feel free to call and arrange a free consultation – either on the phone or in-person.

We can be reached at 716-542-5444, or if the call is long distance, please call 1-800-729-4571.

Criminal Attorney provides help for those facing Rape in the Third Degree (NY PL 130.25) Charges

Rape is an extremely serious felony offense in New York, and how the charge is graded depends on specific facts.

Under NY PL 130.25, Rape in the Third Degree, you’ll face an E Felony if you engage in sexual intercourse with a person who can’t consent for a reason other than being less than 17 years old, or if you are older than 21 and engage in sexual intercourse with a person under the age of 17, or you engage in sexual intercourse with a person who does not consent for reasons other than incapacity.

If you have no prior convictions, you’ll face a sentence of up to four years, but where past convictions are in play or other charges are attached, you may be looking at a much more dangerous situation for yourself.

The attorneys at Friedman & Ranzenhofer are some of the most experienced criminal defense attorneys in the Buffalo area, and have successfully defended clients against Rape in the Third Degree charges many times.

If you or a family member are charged with rape in the third degree, call us today at 716-542-5444 for a free consultation with an experienced Buffalo sex crimes charges defense attorney.

 

Rape in the Third Degree

Criminal Defense Attorney For Those Facing Witness Or Victim Of A Drug Or Alcohol Overdose (NY PL 220.78) Charges

One of the consequences of New York’s regime of drug prohibition is that people who need help are often unable to turn to authorities to get it.

For instance, when a person who deals drugs is the victim of a robbery, they can’t call the police to get their property back.

But when a person experiences a medical emergency because of drug or alcohol use, the state has deemed their health to be a higher need than the need to press charges against everyone involved.

Under NY PL 220.78, Witness or Victim of a Drug or Alcohol Overdose, prosecutors in Buffalo will not file a controlled substance charge against a person who makes a good faith effort to get medical help for a friend in an overdose or other drug-related medical emergency, or for an individual in such an emergency who seeks medical assistance.

This leniency does not apply when there is evidence of drug sales, or where the parties are minors.

This is a complex statute that has various exclusions and exceptions, but if you’re facing drug charges stemming from a medical emergency, you should get help from experienced drug crimes lawyers.

In Buffalo, there are few attorneys as experienced as the team at Friedman & Ranzenhofer.

If you or a family member are dealign with witness or victim of a drug or alcohol overdose charges, call us today at 716-542-5444 for a free consultation with an experienced Buffalo drug crimes defense attorney.

 

Witness Or Victim Of A Drug Or Alcohol Overdose

Defense Lawyer For Those Facing Criminal Sale Of A Prescription For A Controlled Substance (NY PL 220.65) Charges

Prosecutors in Buffalo look at drug sales in two ways.

In the first, a person is arrested for selling small amounts of drugs more or less on their own.

In the second, the person arrested is believed to be part of an organization operating as a major trafficker for large amounts of drugs and creates large amounts of revenue.

You can be charged as a director of a controlled substance organization even if you haven’t personally been arrested for selling drugs, as long as the organization has sold more than $75,000 worth of drugs in a 12-month period.

You can also be charged as a profiteer in a controlled substances organization if you possess or have sold large quantities of narcotic drugs just once, with a net value of $75,000 or more. All of the above crimes are categorized as A-I Felonies, and you’ll face a minimum sentence of 15-40 years in state prison.

An experienced criminal defense attorney can make a big difference in your case, and in Buffalo, the attorneys at Friedman & Ranzenhofer are some of the most experienced drug crimes defense lawyers available.

If you or a family member are facing operating as a major trafficker charges, call us today at 716-542-5444 for a free consultation with an experienced drug trafficking charges defense attorney in Buffalo.

 

Operating As A Major Trafficker

Moving out before filing for divorce can have a significant, and potentially costly, impact on issues related to property, and may make a custody claim very difficult for you.

When contemplating divorce, it’s important that you don’t act rashly and that you take the necessary steps to protect yourself.

In matters of property, if you and your spouse own your home together and you move out before filing, the court may award exclusive occupancy to your spouse, while ordering you to continue paying your share of the expenses of the house, as well as your new home or apartment.

In child custody, a judge may take your moving out as a sign that you have abandoned your children, or at the very least, that you have endorsed your spouse’s role as primary caregiver to your children.

In both cases, acting imprudently now can have a big impact on how your divorce case plays out.

Your best option is to sit down with an experienced Buffalo divorce attorney and work out the best strategy for moving forward, and on with your life.

Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 for a free consultation with an experienced Buffalo divorce lawyer.

When a driver is convicted of a drinking and driving offense in a Buffalo area court, he or she has a right to appeal the conviction, the sentence, or both.

Because it takes some time before the appeal will be heard by a higher court, a DWI defendant will have begun serving his or her sentence while awaiting the outcome of the appeal.

This can be especially problematical in cases where the defendant is incarcerated – which is not unusual in felony DWI convictions – because he or she may have served several weeks of incarceration before the appeal is decided.

To help avoid situations where a defendant is required to begin serving his or her sentence only to have the conviction or sentence later overturned, it is permissible for a court to stay or suspend the execution of the judgment against the defendant and release the defendant on bail – or even on his or her own recognizance – while an appeal is pending.

It is not, however, mandatory that the DWI defendant be released pending the appeal. Instead, it is at the discretion of the court.

When deciding whether to stay the judgment and release the defendant pending an appeal, courts are required under New York State law to consider several factors.

These include the defendant’s character, his or her employment and financial resources, the defendant’s family ties in the area and length of residence in the community, any prior criminal record or youthful offender findings, the defendant’s history of responding when required to appear in court, the sentence imposed, and the merit or lack of merit of the appeal.

As a result, anyone convicted of drinking and driving who plans to appeal and wishes the sentence stayed should work with his or her lawyer to provide the court with information which would support a stay of the sentence until the appeal is decided.

We are experienced DWI lawyers who understand the laws surrounding drinking and driving offenses and sentencing. If you need legal help, call us at 716-631-9999.

Any Buffalo driver convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated will be required to have an ignition interlock device installed before being allowed to operate a motor vehicle.

The ignition interlock device checks the driver’s breath for alcohol prior to the car being started and periodically while driving.

The car will not operate if the device finds alcohol on the driver’s breath.

While it may sound unusual, when the defendant does not own a vehicle, this does not mean that they are not required to comply with this law.

The ignition interlock law requires defendants to install this device not just on cars owned by the defendant, but on any vehicle he or she operates.

This means that if, for example, the defendant normally uses a car registered to another family member or has a company car owned by his or her employer, the ignition interlock device still must be installed on that vehicle.

Also, the law requires installation of the ignition interlock device on any motor vehicle owned by the defendant, regardless of whether the defendant intends to drive it following his or her conviction.

As a result, a driver cannot avoid the requirement to have the ignition interlock device installed by choosing not to obtain a conditional license.

The only manner in which a defendant may totally avoid the requirement to have an ignition interlock device installed is to sell any motor vehicles owned and not drive for any purpose until the period during which the device would be required has expired.

In this situation, the court may require some evidence that the defendant actually does not own a motor vehicle, such as paperwork confirming that the defendant has sold his or her vehicle.

The rules that must be followed to continue driving after a DWI conviction can be very complicated.

If you need the help of an experienced DWI lawyer, call us at 716-631-9999.

A driver facing a felony level drinking and driving charge faces serious consequences and needs the help of an experienced Buffalo DWI lawyer.

Most felony drinking and driving charges require proof that the driver was previously convicted within the past ten years of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, Aggravated Driving While Intoxicated, Driving While Ability Impaired by Drugs, or Driving While Ability Impaired by a Combination of Alcohol and Drugs.

The prosecution is required to prove that the defendant committed this prior offense at trial. If it does not, the defendant cannot be convicted of a felony level offense.

To prove that this prior offense occurred, the prosecution will usually submit a certificate of conviction as evidence.

Under New York State law, a certificate of conviction constitutes presumptive evidence of the facts stated in the certificate.

While this would seem to indicate that the submission of the certificate of conviction is all that is necessary to prove that the defendant committed the prior offense, the New York State courts have ruled that this is not the case.

This is because all a certificate of conviction may prove is that someone with the same name as the defendant committed a drinking and driving offense within the past ten years.

It does not necessarily prove that the person named on the certificate is actually the same defendant.

As a result, the courts have ruled that further connecting evidence is necessary, such as proof that the defendant has the same date of birth as the person listed on the certificate, for the prosecution to establish that the defendant committed this prior offense.

If the prior offense is not properly connected to the defendant, then he or she cannot legally be convicted of felony level DWI.

If you have been arrested for felony DWI and need an experienced lawyer, call us at 716-631-9999.

When a driver is convicted of a drinking and driving offense, many Buffalo area courts find it helpful to have background information regarding the defendant prior to determining an appropriate sentence.

Obtaining this information may include obtaining a Pre-Sentence Report for the judge to review prior to sentencing.

This report is usually prepared by a probation officer who has been assigned the responsibility of gathering background information on the defendant for the court’s use.

The preparation of a Pre-Sentence Report is mandatory in felony cases, which includes many DWI offenders with prior drinking and driving convictions.

For misdemeanor drinking and driving offenses, whether a Pre-Sentence Report is required is at the court’s discretion, but the court may not impose a sentence of probation (unless agreed upon as part of a plea agreement) or more than 180 days of incarceration without obtaining a report.

The investigation to prepare the Pre-Sentence Report consists of gathering information regarding the circumstances surrounding the offense, the defendant’s history of delinquency or criminality, and the defendant’s social history, employment history, family situation, economic status, education, and personal habits.

It may also include information regarding any other matter the court directs or which the agency conducting the investigation believes is relevant to determining an appropriate sentence.

As a result, in cases where a Pre-Sentence Report is ordered, the defendant will usually have to meet with the probation officer and provide information needed to prepare it.

Because the judge will be relying on this report at sentencing, it is important that the person preparing the report have a favorable impression of the defendant, and an experienced DWI lawyer will help a defendant prepare for this meeting.

Following a DWI arrest, it is important to have a lawyer who understands the laws regarding the offense and potential sentence. Call us at 716-631-9999.

DefenseLawyer For Those Facing Criminal Sale Of A Prescription For A Controlled Substance (NY PL 220.65) Charges

Doctors who knowingly and unlawfully sell a prescription for a controlled substance except in good faith in Buffalo can be charged with Criminal Sale of a Prescription for a Controlled Substance (NY PL 220.65), a Class C Felony that carries a prison sentence of up to 15 years.

Even if you avoid prison time, conviction almost certainly means that your medical license will be suspended or revoked, possibly permanently.

Even if you’re able to return to the profession later, your job opportunities will be limited at best.

The only way to protect yourself and your career is to fight the charges against you.

The attorneys at Friedman & Ranzenhofer have defended licensed professionals facing drug charges in Buffalo for decades.

We provide our clients with comprehensive defense strategies that are designed to protect against both criminal and professional penalties.

If you need help with a criminal sale of a prescription for a controlled substance charge, call us today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.

 

Criminal Sale Of A Prescription For A Controlled Substance

Criminal Defense Lawyer Help Those Facing Criminal Possession Of Precursors Of Controlled Substances (NY PL 220.60) Charges

Possession of the chemical precursors of various controlled dangerous substances with the intent of manufacturing those substances is charged as Criminal Possession of Precursors of Controlled Substances (NY PL 220.60) by prosecutors in Buffalo.

The charge itself is a Class E Felony punishable by up to four years in prison, but in cases involving chemical precursors, there are usually other charges related to the manufacture or distribution of the end product.

Suffice it to say, a Criminal Possession of Precursors charge puts you at grave risk for significant criminal sanction, and a lifetime with a felony drug conviction on your record for everyone to see – including potential employers and landlords.

The attorneys at Friedman & Ranzenhofer have decades of experience defending our clients in Buffalo from even the most serious drug charges.

If you or a family member need help with criminal possession of precursors of controlled substances charges, call us today at 716-542-5444 and speak to an experienced Buffalo criminal defense attorney for free.

 

Criminal Possession Of Precursors Of Controlled Substances