Franklin County, NY DUI-DWI Lawyers

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Robert Roy Lawyer

Real Estate Other
Status:  In Good Standing           Licensed:  9 Years

Matthew Henry Mcardle

Real Estate, Estate, Accident & Injury
Status:  In Good Standing           Licensed:  22 Years

Stephen Andrew Vanier

Divorce & Family Law
Status:  In Good Standing           Licensed:  32 Years

Judith Ann Pareira

Family Law, Child Custody, Divorce & Family Law, Medical Malpractice
Status:  In Good Standing           Licensed:  35 Years

John James Muldowney

Litigation, Insurance, Products Liability, Personal Injury
Status:  In Good Standing           Licensed:  36 Years

Thomas H. Mccann

Divorce & Family Law, Divorce & Family Law, Elder Law, Bankruptcy & Debt
Status:  In Good Standing           Licensed:  40 Years

James Patrick Bessette

Real Estate, Lawsuit & Dispute, Estate, Divorce & Family Law, Accident & Injury
Status:  In Good Standing           Licensed:  48 Years

Kevin F Nichols

Family Law, Divorce & Family Law, Personal Injury
Status:  In Good Standing           Licensed:  31 Years

John J Muldowney

Litigation, Insurance, Personal Injury, Medical Malpractice
Status:  In Good Standing           Licensed:  36 Years

Mary Ellen Stumpf

Commercial Real Estate
Status:  Inactive           Licensed:  36 Years

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LEGAL TERMS

FELONY

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)
A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

EXPUNGE

To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the crimi... (more...)
To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the criminal records of a juvenile offender to be expunged when he reaches the age of majority, to allow him to begin his adult life with a clean record. Or, a company or government agency may routinely expunge out-of-date records to save storage space.

LINEUP

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the c... (more...)
A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect. If the suspect alone matches the physical description of the perpetrator, evidence of the identification can be attacked at trial. For example, if the robber is described as a Latino male, and the suspect, a Latino male, is placed in a lineup with ten white males, a witness' identification of him as the robber will be challenged by the defense attorney.

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)
Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

PROSECUTE

When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

INDECENT EXPOSURE

Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that ... (more...)
Revealing one's genitals under circumstances likely to offend others. Exposure is indecent under the law whenever a reasonable person would or should know that his act may be seen by others--for example, in a public place or through an open window--and that it is likely to cause affront or alarm. Indecent exposure is considered a misdemeanor in most states.

JUSTICE SYSTEM

A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal... (more...)
A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal prosecutors and public defenders. Many people caught up in this system refer to it by less flattering names.

DIRECTED VERDICT

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the... (more...)
A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the defendant. A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove her case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgement of acquittal for the defendant.

SAMPLE LEGAL CASES

People v. Baltes

... In the interim, Jenkins completed the field sobriety tests on Barcomb and, determining Barcomb to be under the influence of alcohol, arrested him for driving while intoxicated (hereinafter DWI), at which point Barcomb stated that he was not the driver of the vehicle. ...

MATTER OF SCHERMERHORN v. Becker

... and GARRY, JJ., concur. Stein, J. Petitioner was arrested in the Village of Stamford, Delaware 844 County for driving while intoxicated (hereinafter DWI). According to the results of a breath test administered shortly thereafter, petitioner's blood alcohol content was .15%. ...

People v. Johnson

... and McCARTHY, JJ., concur. Stein, J. Defendant was arrested and subsequently indicted for driving 1189 while intoxicated (hereinafter DWI). In addition, a special information filed by the People accused defendant of having been previously convicted of DWI. ...