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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.

Grand Larceny In The First Degree Defense Lawyer In Buffalo, NY

Grand Larceny in the First Degree (NY PL 155.42) in Buffalo is the most serious theft crime charge available, and with it, Buffalo prosecutors allege that you stole property, goods, or cash with a value in excess of one million dollars.

Grand Larceny in the First Degree is rarely charged alone.

You may be facing additional charges like fraud, embezzlement, or organized crime-related acts.

Grand Larceny in the First Degree is a B Felony in Buffalo, meaning that jail time is required if you are convicted, even if your prior record is spotless.

Sentences can reach a maximum of 25 years, though most offenders with no record will receive much less.

By working with experienced criminal defense attorneys in Buffalo, you stand the best chance of avoiding the worst possible penalties.

Call the experienced criminal defense attorneys at Friedman & Ranzenhofer today at 716-542-5444 for a free consultation.

 

Grand Larceny In The First Degree

Buffalo, New York Criminal Defense Attorney For Those Arrested On Aggravated Grand Larceny Of An Automated Teller Machine (NY PL 155.43) Charges

There are two ways that Buffalo prosecutors can charge a person who has either stolen an ATM device outright, or used the ATM to illegally withdraw funds, such as through the use of a stolen debit card.

As a first offence, these activities will be charged as Grand Larceny in the Third Degree (NY PL 155.35), but if you have been convicted under 155.35 in the past five years, your charge will be elevated to Aggravated Grand Larceny of an Automated Teller Machine (NY PL 155.43), which is a Class C felony.

Conviction can lead to a sentence as long as 15 years in state prison.

The attorneys at Friedman & Ranzenhofer protect people in Buffalo from even the most serious criminal charges.

Don’t risk your future when facing charges as serious as Aggravated Grand Larceny of an Automated Teller Machine.

Call 716-542-5444 today for a free consultation with an experienced Buffalo larceny attorney.

 

Aggravated Grand Larceny Of An Automated Teller Machine

If you are caught with a small amount of marijuana that is out of sight and not burning in Buffalo, you will be charged with Unlawful Possession of Marijuana (NY PL 221.05).

The charge is basically a catch-all for people who are found with some pot, but not in a quantity high enough to elicit more serious charges, and which is not packaged for sale.

Unlawful Possession of Marijuana in Buffalo is a violation, not a crime, meaning that conviction will result in a $100 fine.

This is great news for a defendant, but you shouldn’t discount the opportunities that you have to avoid conviction entirely when you work with an experienced Buffalo criminal defense attorney.

Police and prosecutors are required to provide the court with a laboratory analysis confirming that the substance in question is marijuana, and in violation cases, that step is often skipped, which can result in your case being dismissed.

If you have previous convictions under NY PL 221.05, you may face a sentence as long as 15 days with a $250 fine.

While not the most serious charge out there, the attorneys at Friedman & Ranzenhofer can provide a defense that may mean you never have to face a conviction.

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo unlawful possession of marijuana defense attorney.

 

Unlawful Possession Of Marijuana

Children who are represented by a Law Guardian during a custody matter between their parents in Buffalo essentially have a neutral advocate for their interests.

While the Law Guardian may take the position that one parent will provide a more effective home environment, their opinion is just one factor that the judge will take into consideration in deciding the final custody agreement.

When you work with experienced child custody attorneys, you stand the best chance of presenting a compelling case that can sway not only a judge, but often a Law Guardian as well.

At Friedman & Ranzenhofer, we know that remaining an active and involved parent is top of mind when people in Buffalo divorce, and we help our clients get the best possible custody agreement.

Call us today at 716-542-5444 for a free consultation with experienced Buffalo child custody attorneys.

 

Custody

It is illegal for snowmobilers in the Buffalo area to operate a snowmobile while impaired or intoxicated by alcohol on any street, highway, public land, public trail, public body of water, or the private property of another person.

Just as the operator of a car will – in almost all cases – be asked to take a breath test if suspected of drinking and driving, a snowmobiler suspected of being impaired or intoxicated will be asked to take a breath test and is subject to penalties if he or she refuses to do so.

Under most circumstances, a snowmobiler who refuses to take the breath test cannot be forced to take a test to determine his or her blood alcohol content.

A police officer or a district attorney only may request a court order to compel the operator to take a blood test in certain situations.

For a court order to be requested, the snowmobiler must have been involved in an accident in which someone was killed or suffered a serious physical injury.

There also must be reasonable cause to believe the snowmobiler was operating while impaired or intoxicated by alcohol or, in the alternative, the snowmobiler must have tested positive for alcohol on a hand held breath test administered by the arresting officer.

Aside from these factors, the court must also be provided with reasonable cause to believe that the snowmobiler has been placed under lawful arrest and has refused to voluntarily consent to a chemical test to determine his or her blood alcohol content.

A request for a court order compelling a blood test does not need to be made in person.

Instead, the arresting officer or district attorney may communicate the request to the court by telephone, radio or other electronic means.

If you have been arrested for driving any type of vehicle while intoxicated, we can help you. Call us at 716-631-9999.

When someone is charged with a felony level alcohol-related driving offense, they need an experienced Buffalo DWI lawyer.

For the most part, New York State uses a tiered system for its drinking and driving offenses, with first time offenders being charged with a misdemeanor – or even a traffic infraction – and felony charges being reserved for repeat DWI offenders.

There are certain circumstances, however, that may result in felony charges being brought against someone with no prior offenses who has been arrested for drinking and driving.

If a first time offender is arrested for Driving While Intoxicated and has a child fifteen years of age or younger in the vehicle, he or she will be charged with Aggravated Driving While Intoxicated With a Child, which is a class E felony.

This is the most common situation that may give rise to a felony drinking and driving charge for a first time offender.

In rare cases, a first time DWI offender may also be charged with a felony drinking and driving offense based on the type of motor vehicle he or she was driving.

Motor vehicles that may lead to a first time offender being charged with a felony drinking and driving offense include a school bus with at least one student on it and motor vehicles weighing over eighteen thousand pounds which are carrying particularly dangerous items – such as explosives or flammable liquid.

While not strictly drinking and driving offenses, intoxicated drivers who are involved in motor vehicle accidents resulting in death or serious physical injury to another person also may be charged with felony level offenses under New York’s Vehicular Assault and Vehicular Manslaughter laws.

These charges would be brought in addition to any drinking and driving offenses.

A felony level drinking and driving offense carries severe penalties.

If you have been arrested and need legal advice, please call us at 716-631-9999 for a free consultation.

The Driver License Compact is a lengthy, complex legal agreement between most of the states in the United States.

For those licensed in another state who are arrested in the Buffalo area for drinking and driving, it means any conviction will be reported to their home state.

For Buffalo drivers traveling elsewhere in the United States, it means a conviction for drinking and driving in another state will be reported to New York State.

There are five states that are not currently parties to the Driver License Compact: Massachusetts, Michigan, Wisconsin, Georgia, and Tennessee.

All other states and the District of Columbia have entered into this agreement.

With regards to drinking and driving laws, the primary purpose of the compact is to ensure that a driver convicted of an alcohol-related offense in one state who is licensed by another state does not simply return home and face no meaningful penalty regarding his or her driving privileges.

While a state can bar a person from driving within its borders following a DWI conviction, it cannot suspend or revoke a driver license issued by another state.

The states that are party to the Driver License Compact have agreed to report drinking and driving convictions to the state where the driver’s license was issued.

The state which issued the license will then take some action against the convicted driver’s license based on the out-of-state conviction.

What specific actions will be taken depends on the particular laws of the driver’s home state.

For New York State drivers, it means that an out-of-state drinking and driving conviction will result in a suspension or revocation of their New York State driver’s license.

The laws surrounding drinking and driving offenses can be complicated.

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

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What Is The Buffalo Finger-To-Nose Test In A DWI Case?

What a Buffalo driver is suspected of driving while intoxicated, the police officer who stopped the vehicle usually will ask the driver to perform one or more field sobriety tests.

The purpose of these field sobriety tests is to assist the police officer in assessing the physical and mental condition of the driver.

The finger-to-nose test is a field sobriety test that is commonly used in DWI cases.

While some field sobriety tests have been studied by the National Highway Traffic Safety Administration and approved for use in determining whether a driver is intoxicated by alcohol, the finger-to-nose test has not been approved.

It is, nonetheless, one of the most commonly used field sobriety tests, and a poor performance on the test will usually be admitted as evidence of the driver’s intoxication at trial.

A driver asked to perform this test will be required to stand with his or her feet together and arms held out horizontally to either side.

With eyes closed, the driver will then be commanded by the officer to move one arm straight out in front of his or her body, bend it back at the elbow, and touch the tip of a finger to the tip of the nose.

After touching the nose, the driver then must move his or her arm back to its original position.

The driver usually will be asked to perform this task multiple times using both arms.

Because this test is not standardized, there are many variations used by law enforcement.

For example, the driver may be asked to tip his or her head back and may not be required to reach ahead and bend at the elbow before touching the nose.

The police officer will be looking at how well the driver follows directions and his or her physical coordination.

Failure to properly follow directions, missing the nose, or even swaying while standing may be considered a failure and used as evidence of intoxication.

If you have been arrested for drinking and driving, you need an experienced DWI lawyer who knows how the field sobriety tests may be used against you.

Call us at 716-631-9999 for a free consultation.

Grand Larceny In The Second Degree Defense Lawyers In Buffalo

Second Degree Grand Larceny (NY PL 155.40) is charged when Buffalo prosecutors believe they can prove you stole or took goods valued between $50,000 and $100,000.

These charges are often associated with serious fraud crimes, so you may also be charged with something like tax fraud, healthcare fraud, or embezzlement.

Grand Larceny in the Second Degree is a C Felony in Buffalo, meaning that conviction can put you in prison for five to 15 years.

Judges aren’t constrained by a mandatory minimum, so a first offender may have more options than they realize when first charged, but whether this is your first criminal charge or you have previous criminal convictions, top-notch legal assistance is required.

The attorneys at Friedman & Ranzenhofer have been protecting people in Buffalo from serious criminal charges like grand larceny in the second degree for decades.

Call us today at 716-542-5444 to speak to an experienced Buffalo criminal defense attorney for free.

 

Grand Larceny

Buffalo Criminal Defense Attorney On The Penalties For Grand Larceny In The Third Degree

In Buffalo, when a person is arrested for stealing goods whose value is between $3,000 and $50,000, they will be charged with Grand Larceny in the Third Degree (NY PL 155.35), a D Felony that can put you in prison for as long as seven years.

Fortunately, when the charges are levied against someone with no criminal history, it may be possible to avoid a prison sentence, but if you’ve had past run-ins with the law, there’s a mandatory minimum of two to four years.

Depending on the particular events in question, the judge can sentence you to much longer.

Whatever your situation, it’s vital that you attack the charges against you with the best representation available.

Living with a felony conviction can ruin your future.

The attorneys at Friedman & Ranzenhofer are some of Buffalo’s most experienced defense attorneys with grand larceny in the third degree, and can protect you to the maximum extent of the law.

Call us today at 716-542-5444 to speak to an experienced Buffalo criminal defense lawyer for free.

 

Grand Larceny