Dealing with DWI

Dealing with DWI

Criminal Law
[caption id="attachment_340" align="alignright" width="211"] Marty Carbone DW Traffic Lawyer in Albany NY[/caption] WHEN YOU GET CHARGED WITH A DWI IN UPSTATE NY When charged with DWI, driving while intoxicated, there are a some key things to keep in mind. The first is cooperation. More often than not, individuals who are pulled over and asked if they have been drinking are not so quick to be honest with the police. The more cooperative you are, the less likely a threat you will impose on the officer this will ultimately be to your benefit in the long run. When asked to submit to a breathalyzer test, some people feel that by refusing, the officer can't technically show that your blood alcohol content level was above the legal limit, which in New York…
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What to do after getting a Criminal Charge

What to do after getting a Criminal Charge

Blog, Criminal Law
When faced with a criminal charge, whether it be a felony or misdemeanor, there are numerous things one should take into account before dealing with the issue head on. First, one should know their basic rights. Everyone is familiar in some fashion with the "Miranda Rights, " which begin with "You have the right to remain silent." This statement is an extremely important one in that it gives the accused the right to not say anything that would potentially incriminate themselves in the future. More often than not, defendants are convicted not on the actual accused crime itself, but on the criminal procedure that follows thereafter. All sorts of verbose technicalities ensue during a criminal investigation and if one were to slip and say the wrong thing out of context,…
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Things to consider before filing a law suit

Things to consider before filing a law suit

Blog, Criminal Law, Featured Articles
[caption id="attachment_5500" align="alignleft" width="200"] What to do before filing a law suit[/caption] WHAT TO THINK ABOUT WITH YOUR POTENTIAL LAWSUIT Filing a law suit should never be done without first carefully considering several factors. First and foremost, one must be certain that their issue indeed requires legal action. More often than not, issues between parties can be resolved without taking official legal action. Only when parties cannot work things out amicably should a law suit be considered. If an amicable agreement cannot be reached, a person must then make the important decision as to how to proceed with resolving their legal conflict. The first thing one should consider is whether or not they have standing to bring about a cause of action. To have standing, one must have a “stake”…
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Trials and Tribulations

Blog, Criminal Law
In the legal world, the trial portion of procedure is looked upon as the final frontier. It is the culmination of pleadings, negotiations, conferences, etc. If a case goes to trial, it basically means that the parties could not reach a settlement and therefore they are putting all of their faith and trust in the presiding judge. Going to trial, whether it be a civil or criminal matter always carries some risks. Unlike a settlement, the parties face an unknown outcome and are essentially rolling the dice, so to speak. A trial is often look at as an all or nothing type of thing. A person can walk out of the court room as happy as a clam or they can be dragged out kicking and screaming. For this very…
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The Confines of Confidentiality – Feeling Safe with your Lawyer

Blog, Criminal Law
[caption id="attachment_507" align="alignleft" width="150" caption="Confidentiality"][/caption] One of the most important things within the attorney-client relationship is confidentiality. Once said relationship is set in motion, the attorney is bound to keep everything the client says to him/her in confidence. They can’t go blabbing to their neighbor or best buddy as to what you talked about during your meeting. They can’t discuss the finer points of a conversation they had with a client over a quiet dinner with their spouse. And in this day in age, they most certainly can’t go on their Twitter and/or Facebook account and post a witty remark about the inner workings of your relationship. Bound by the rules of ethics, an attorney is required to keep everything that is discussed within the confines of the attorney-client relationship…
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