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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.

Drug Crime Defense Attorney For Those Arrested On Criminal Sale of Marijuana (Marihuana) Charges In The Fifth Degree (NY PL 221.35)In Buffalo, New York

Criminal Sale of Marijuana in the Fifth Degree (NY PL 221.35) is slightly misnamed, as a commercial transaction is not required in order to be convicted.

If you sell, or even give away, two grams or less of marijuana, or one marijuana cigarette, you can be charged with this B Misdemeanor.

Conviction carries a potential three month sentence and a $500 fine, as well as the stigma of a misdemeanor drug conviction you’ll have to explain on every job, housing, or loan application you fill out for the rest of your life.

In cases like this, you need an attorney who knows how to push back against prosecutors and fight to get your charges reduced, dropped, or defeated in court.

The attorneys at Friedman & Ranzenhofer have successfully represented people in Buffalo against criminal charges for decades.

If you’re facing Criminal Sale of Marijuana (Marihuana) charges In The Fifth Degree, call us today at 716-542-5444 to speak to an experienced Buffalo criminal defense attorney for free.

 

Criminal Sale of Marijuana (Marihuana) In The Fifth Degree (NY PL 221.35)

Defense Lawyer For Criminal Possession Of Marijuana (Marihuana) In The First Degree (NY PL 221.30) In The Buffalo Area

When you’re caught in possession of more than 10 pounds of marijuana in Buffalo, prosecutors will charge you with Criminal Possession of Marijuana in the First Degree (NY PL 221.30), a Class C Felony that can land you in state prison for as long as five and a half years, with a mandatory one year minimum.

criminal possession of marijuana (marihuana) in the first degree is an extremely serious criminal charge in Buffalo, and one that prosecutors always intend to win.

You may be charged under NY PL 221.30 on its own or as part of a larger drug case, but whatever the circumstances, you’re facing significant exposure to jail and other sanctions if convicted.

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

Call us today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.

 

Criminal Possession Of Marijuana (Marihuana) In The First Degree (NY PL 221.30)

Defense Attorney In The Buffalo Area For Those Arrested On Criminal Possession Of Marijuana (Marihuana) (NY PL 221.25) Charges In The Second Degree

Criminal Possession of Marijuana in the Second Degree (NY PL 221.25) is a D Felony in Buffalo, and conviction will put you in state custody for at least a year, and as long as two and half years.

Prosecutors take these types of charges very seriously, and given the quantity of marijuana involved, it’s entirely possible that you’ve been charged with more than just possession.

NY PL 221.25 is charged when a person is caught with between one and ten pounds of marijuana, which certainly leaves prosecutors with additional options when it comes to charging you.

The attorneys at Friedman & Ranzenhofer know how serious drug charges are in Buffalo, and how vital it is that when felony charges are in play, you are protected.

We fight to get our clients the very best outcome, whether through negotiations with the other side or fighting in court.

You have options, and we have the best defense team available in Buffalo.

Call 716-542-5444 today for a free consultation with an experienced Buffalo criminal defense attorney in criminal possession of marijuana (marihuana) in the second degree.

 

Criminal Possession Of Marijuana (Marihuana) In The Second Degree

Yes, when a divorce is finalized in Buffalo, the orders issued by the court are to be followed to the letter.

If your former spouse is disregarding the terms of the Judgment of Divorce, you are entitled to relief.

Usually, just bringing the matter to the attention of the judge is adequate to resolve the issue, but sometimes the court will have to take additional steps to see to it that specific property is relinquished as ordered.

Your former spouse may be subject to various sanctions, including jail time for being in contempt of court.

Once the consequences of their intransigence are clear, people usually make a concerted effort to take care of the problem, and you’ll get your property back in a timely fashion.

The attorneys at Friedman & Ranzenhofer know that your Judgment of Divorce should be the final word – but too often isn’t.

We help people in Buffalo tie up the loose ends of their divorce so they can move on. Call us today at 716-542-5444 for a free consultation with an experienced Buffalo divorce attorney.

Many law enforcement agencies in the Buffalo area conduct breath tests in DWI cases using a machine called the DataMaster, which is manufactured by National Patent Analytical Systems.

While there are a few different versions of the DataMaster currently in use, they all work in essentially the same fashion.

A driver suspected of intoxication will be asked to blow into the machine.

Using computer software, the device measures parameters in the breath sample such as temperature, flow rate, and the amount of air delivered to determine when the air passing through the machine is coming from deep within the driver’s lungs instead of his or her mouth or throat.

Once the machine deems that the breath test sample is appropriate, it uses infrared testing to determine the amount of alcohol present in the sample.

This is accomplished by measuring the amount of interference present in the infrared wavelength centered at 3.44 microns.

3.44 microns is one of the wavelengths that alcohol is known to absorb.

To conduct this measurement, the DataMaster moves a filter into position and measures the decrease in transmission of infrared light in the 3.44 micron range.

After completing the measurement, the device removes the filter and takes another measurement using a filter centered at the nearby wavelength of 3.37 microns.

This second measurement is done to ensure that there is no acetone – which can be present on the breath of diabetics – interfering with the alcohol measurement.

Upon completion of the test, a printer provides a hard copy of the test results.

The breath test can be the most damaging piece of evidence in any DWI case.

If you need an experienced DWI lawyer who understands how the breath test machine works, call us at 716-631-9999.

Operating any watercraft that is propelled by mechanical means while impaired or intoxicated by alcohol is illegal on all the waterways in the Buffalo region.

A boater accused of operating a vessel while intoxicated in New York State will almost always be asked to take a breath test, and refusing to do so will result in additional penalties.

While these additional penalties may be imposed for refusing the breath test, in most cases a boater who refuses to take the breath test cannot be forced by law enforcement to take a breath, blood or urine test.

The law does provide, however, for a boater to be compelled to submit to a blood test under certain circumstances.

When a boater has been involved in an accident where someone was killed or suffered a serious physical injury, a police officer or the district attorney may ask a court to issue an order compelling the boater to take a chemical test to determine if he or she is intoxicated.

In addition to injury or death in the accident, the person requesting the order must establish that there is either reasonable cause to believe the boater is impaired or intoxicated by alcohol or, in the alternative, the boater must have taken a hand held breath test administered by the arresting officer and tested positive for the presence of alcohol.

Additionally, the applicant must convince the court that there is reasonable cause to place the boater under lawful arrest and the boater refused to voluntarily take the chemical test to determine blood alcohol content.

While the application must be made to a court that has jurisdiction in the area where the defendant was arrested, it does not have to be made in person.

Instead, the application can be made by telephone, radio or other electronic communication.

If you refused a breath test and need an experienced DWI lawyer, call us at 716-631-9999.

The Walk-And-Turn test is one of the more common field sobriety tests used in the Buffalo area, and most people are familiar with the concept of a police officer asking someone suspected of drunk driving to “walk a straight line,” which is the basic form of the Walk-And-Turn test.

While the Walk-And-Turn test has been studied and approved by the National Highway Traffic Safety Administration for use in determining whether a driver is intoxicated, it is rarely given in the manner required by the NHTSA.

The proper manner to give the test is to have the driver take nine steps heel-to-toe in a straight line, turn on one foot, and return in the same manner.

During the test, the police officer will mark off any of the following actions by the driver:

• Cannot keep balance while listening to instructions.
• Starts before instructions are finished.
• Stops to regain balance while walking.
• Fails to touch heel-to-toe (even once).
• Loses balance while walking or steps off line.
• Uses arms for balance.
• Does not perform turn correctly.
• Takes the incorrect number of steps.

Should the officer find that the suspected drunk driver has made any two of the above errors when performing the Walk-And-Turn test, the driver will be considered to have failed the test.

Unfortunately, even when correctly administered, the Walk-And-Turn test does not take into account factors that may be specific to the given case, such as the type of shoes worn, the condition of the walking surface, and the weather –all of which can impact performance on the test.

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

In some Buffalo DWI cases, a lawyer may use the term “extrapolation” when discussing the breath test result.

The word extrapolation generally refers to the ability to estimate a value beyond the range of what was measured based on what has been measured.

In terms of the breath test, it refers to the ability estimate the defendant’s blood alcohol content when he or she was driving based on a breath test score obtained up to two hours after he or she stopped driving.

New York’s DWI laws forbid driving with a blood alcohol content of .08% or more (or .18%, for the offense of Aggravated Driving While Intoxicated).

In any case relying on a breath test score, the prosecution must prove beyond a reasonable doubt that the defendant’s breath test score was above the legal limit at the time he or she was driving.

Obviously, it is not possible to test the driver’s breath when he or she is actually driving.

As a result, the prosecution often must rely upon a breath test administered well after the driver was stopped.

While a result over the legal limit on this later breath test is considered strong evidence that the driver’s blood alcohol content was above the legal limit when driving, it is not absolute proof.

This can be important in cases where the defendant’s breath test result is barely above the legal limit.

In such cases, the defendant has a strong argument that because a later test cannot precisely measure his or her blood alcohol content at the time of driving, the prosecution cannot establish beyond a reasonable doubt that the blood alcohol level was not actually lower at the time of operation.

The result of the breath test taken by the defendant will be a critical piece of evidence in any DWI case.

If you have been arrested, it is important to have an experienced DWI lawyer who understands the laws surrounding the breath test and the limitations of the test.

If you need legal help, call us at 716-631-9999.

An out-of-state driver arrested for drinking and driving in the Buffalo area should consult with an experienced Buffalo DWI lawyer who understands the laws for out-of-state drivers.

When a New York State driver is convicted of Aggravated Driving While Intoxicated, Driving While Intoxicated, Driving While Ability Impaired by Alcohol, Driving While Ability Impaired by Drugs or Driving While Ability Impaired by Alcohol and Drugs – or is found to have refused a chemical test – he or she must pay a mandatory “driver responsibility assessment” to the Department of Motor Vehicles (DMV) in the amount of $750, which can be paid over the course of three years at $250 per year.

This assessment is in addition to any fine imposed by the court.

If a New York driver does not pay the assessment, his or her driving privileges will be suspended.

For out-of-state drivers convicted of a drinking and driving offense in New York State, the New York State DMV frequently will mail a billing statement to them requiring payment of this penalty, even if the driver does not hold a driver’s license issued by the NYS Department of Motor Vehicles.

While the New York State DMV does not have the authority to suspend a driver’s license issued by another state based on failure to pay the driver responsibility assessment, it can suspend the driving privileges of an out-of-state driver within the borders of New York State.

As a result, a driver from another state who fails to pay this penalty may not legally drive in New York State, even if he or she has completed all the other requirements associated with the drinking and driving conviction necessary to regain full driving privileges.

In other words, any out-of-state driver who will be returning to New York State must pay this assessment to be able to legally drive upon their return.

If you have been charged with drinking and driving, it is important to protect your driving privileges.

Please feel free to call us at 716-631-9999 for legal help.

Most Buffalo area residents arrested for drinking and driving have no familiarity with the criminal justice system and little knowledge of the steps involved in prosecuting their case.

Unfortunately, each case is unique, and there is no absolute formula that will be followed in all drinking and driving cases.

The information below, however, sets forth the typical sequence of events for a misdemeanor DWI case in criminal court.

Shortly after being arrested, the defendant will be arraigned in a local criminal court.

The arraignment is where the defendant is formally charged by the judge and issues such as whether bail is necessary will be addressed.

In most DWI cases, the court will also suspend the driving privileges of the defendant pending the outcome of the case.

Drivers who refused to take a breath test will have this issue referred to the DMV, where it will be handled in a proceeding separate from the criminal court proceeding.

In many DWI cases, there will then be one or more pre-trial hearings in court prior to any trial being conducted.

These pre-trial hearings typically involve issues such as whether a defendant is complying with court directives, the status of any plea negotiations, or disputes between the prosecution and defense regarding, for example, the admissibility of various pieces of evidence at trial.

If the case cannot be resolved by a plea, it will then go to trial. If the defendant is acquitted at trial, the case is done.

If the defendant is convicted of one or more charges, he or she must return to court at a later date to be sentenced.

A DWI defendant who is convicted at trial may then wish to appeal the conviction or sentence to a higher court.

If you have been arrested for drinking and driving, you should consult with an experienced DWI lawyer regarding how your case will proceed, call us at 716-631-9999.