Understanding Restraining Orders in NY

A restraining order, officially referred to as an order of protection, can be granted to a petitioner for a number of reasons. For example, a court may grant a restraining order against an offender for stalking, assault, reckless endangerment, domestic violence, disorderly conduct, or harassment. This step can be taken for abuse occurring directly against the petitioner or against a shared child (or children) of the petitioner and the person of the order.

Additionally, a restraining order can entail a number of different guidelines, including the subject of the order being required to do one or more of the following:

  • Move out of a residence shared with the petitioner
  • Avoid contact with the petitioner
  • Surrender any firearms or weapons
  • Abstain from making contact with the petitioner through telephone and online media.

These guidelines will be clearly explained to all parties involved in the case, so that there is no chance of a misunderstanding.

The Difference between Family Court and Criminal Court

An individual living in New York can file a restraining order through either Family Court or Criminal Court. If you file an order of protection at Family Court, then you have to be or have been in an intimate relationship with the subject of the order (for example: married, divorced, dating, living together) or a relative, through blood or marriage. Family Court proceedings remain private, so the general public is not made aware of the proceedings.

However, if you are not related to the person against whom you want to file a restraining order, you will have to work through Criminal Court. To do this, the subject of the order must be arrested and criminal charges have to be pressed before the restraining order can be filed.

What if the Order Is Violated?

This also depends on which court is handling a case. If the complaint is filed through Family Court, then the penalties tend not to be as severe, although violations of the order could still result in up to 6 months in jail for the offender. If the case has been handled by Criminal Court, however, the violation of the restraining order could be considered a felony, which could lead to 2 to 4 years of jail time. Of course, the specific penalty also depends on the severity of the violation. In fact, violations that are charged in Family Court, if severe enough, can cause the violator’s case to be transferred to Criminal Court, allowing harsher penalties to be dealt out. It is also possible that the petitioner will violate the order, placing the subject of the order in a difficult situation. Often these types of disputes happen in private and it becomes one person’s word against another’s, leading to complicated situations. Because of this, it is important to understand the specifics and subtleties of order of protection laws.

Contact a Criminal Defense Attorney

If you are involved in an order of protection case in New York and need legal advice from a criminal defense attorney, call me, Jason Steinberger, at 718-585-2833. You can call anytime 24/7, and receive a free consultation. I look forward to helping you with your case.

Finding the Best DUI Attorney in New York

Upon initially searching for a lawyer to represent you for your DUI charge, it may seem that any attorney will do. However, this is not the case, and a decision should not be made hastily. Due to political pressure and an increasing social stigma, a DUI charge is taken very seriously in New York courts and it could result in possible jail time, along with the suspension of your driver’s license along with heavy fines. This is especially true if you have been previously convicted of a DUI. Additionally, a DUI conviction can make it difficult to acquire security clearance (for a job or otherwise), obtain a professional license, and travel out of the country.

For this reason, it is very important which DUI attorney you choose to represent you. Legal jargon is difficult to interpret and requires an experienced professional to interpret the laws properly, ensuring that every option is understood, and the best one chosen. Additionally, laws frequently change, so it is important to hire an attorney that is up-to-date with the current details of the legal code.

How to Find Your Best Option

Because of the importance of finding a good attorney, you should do some thorough research on your options. If you have not already done so, consider asking your friends or relatives if they have any experience with local DUI attorneys. A personal referral from someone you trust that has first-hand experience can be an invaluable resource.

However, if you do not have such a resource, there is plenty of information available online that could be of service to you. The Internet is a valuable tool, not only because of its depth of information, but also because there are resources that provide clients’ ratings of experiences with lawyers. Be certain that the resource you are using is a valid, legitimate guide. For example, the AVVO database allows people to search for lawyers based on location of practice and specific area of expertise. You can find lawyers that can help in any area of New York, including the Bronx.

Be Specific

It should be noted that it is important to search for attorneys who work specifically with DUI cases, as these attorneys will be much more familiar with the particular, current details of DUI laws. When considering your options for a DUI attorney, make sure to note not only client reviews but how many years of service the lawyer has, and if his or her service has mostly been in the state in which you have been charged. Additionally, it is worthwhile to call potential DUI lawyers to assess if you are comfortable working with them.

Contact Us Today

If you have been charged with a DUI in the Bronx, consider calling me, Jason Steinberger, at 718-585-2833 to represent you in your DUI case. You can contact me anytime 24/7, and I will provide a free consultation to help you understand your basic options. I have served as the Bronx Prosecutor, meaning that I am very familiar with the local laws in New York and I have a great deal of experience in understanding and arguing valid interpretations of those laws. I look forward to helping you obtain your best outcome.

Consequences of Refusing a Breath Test in New York

Being convicted of a DUI/DWI can lead to harsh legal penalties. First-time offenders in New York State can receive up to a year of jail time, a $1,000 maximum fine, and a suspension of driver’s license for at least 6 months. Due to this, refusing the initial breath test may seem like an appealing option for a driver facing a DUI/DWI conviction. However, the consequences for refusing a breath test can easily make matters worse for the offender, and will rarely make the situation better.

Penalties for Refusing the Test

If you refuse a breath test, there is one thing that you can be almost 100% sure of: you will lose your license. Like many other states, New York has an implied consent law, which means that not only will the driver lose his or her license, but he or she will also be required to pay a $500 fee for first-time refusal. Second-time refusals will result in an 18-month driver’s license suspension and a $750 fine. Additionally, it is important to note that while police officers are required to inform drivers that they will lose their licenses for refusing breath tests, they are not required to inform the drivers of the fines. However, the fine will definitely be charged, and these penalties will be on top of any penalties caused by the potential DUI/DWI conviction.

These consequences are nearly impossible to avoid. The only way that a driver can avoid losing his or her license due to refusal of a breath test is if the police officer that pulled the driver over does not appear at Department of Motor Vehicle court dates. However, police officers are often amply compensated by the police department for attendance at court dates, so the likelihood of this occurring is not high. Additionally, refusing a breath test will likely be used by the prosecutor as an indication of guilt.

Why You Should Probably Take the Breath Test

Ultimately, submitting to a breath test is more practical than a refusal, even if the driver knows that he or she will fail the test. While a DUI/DWI conviction will also lead to a suspension of the driver’s license, it is possible to obtain a restricted license that will allow a driver to commute to and from work, as well as to and from other necessary tasks. However, this is only possible if the driver submitted to the breath test, not if he or she refused.

If you have been charged with a DUI/DWI, it is important to receive legal counsel. There are ways in which a knowledgeable DUI/DWI attorney can help lessen your penalties, especially when it comes to questions concerning the arresting officer’s probable cause, as well as navigating the different options available to a defendant.

Contact Us Today

If you are living in the Bronx and you have been charged with a DUI/DWI, call me, Jason Steinberger, at 718-585-2833. I can be reached anytime to discuss your case, and you can receive a consultation, free of charge. I pride myself on informing citizens of their legal rights and look forward to explaining your options to you.

Has there been an increase in Bronx False Arrests?

Bronx False Arrest Lawyer

It is clear that the number of Bronx false arrest cases continue to mount. The result of the increase in Bronx false arrests cases is in part due to the New York City Police Department’s street level tactics designed to intimidate and create fear among Bronx residents.

The New York City Police Department believes that the best way to reduce crime is through intimidation and force. The philosophy of the NYPD, specifically in the Bronx, is that intimidation of Bronx residents leads to less criminal behavior. This philosophy creates backlash in the form of police resentment. A police force, who used to garner trust from its constituents, is sometimes nothing more than an organized gang of hooligans authorized by the City of New York to engage in corrupt tactics.

As a result, interactions with the New York City Police Department now result in confrontations. Confrontations between law abiding Bronx citizens and the police, especially those which are public, cause police to fear that authority is being challenged. And when the police believe that there authority is being challenged, they quickly move to strike and show that there rule is supreme. As a result, completely innocent people get arrested. The police will usually charge such innocent people with Disorderly Conduct, Obstructing Government Administration and Resisting Arrest. Although, this is certainly not an exhaustive list of crimes the police will falsely charge. The NYPD has also been known to plant drugs on innocent people, commonly referred to as “flake.”

If you believe that you have been falsely arrested in the Bronx and want to sue the NYPD in the Bronx, you need to contact a lawyer within 90 days from the incident. In order to preserve your Bronx false arrest claim, the City of New York must be put on notice withing 90 days from the incident; NOT THE DATE OF DISMISSAL.

Jason Steinberger is a Criminal Defense Lawyer, DWI / DUI Defense Lawyer and False Arrest Lawyer Cases in Bronx County.  Jason Steinberger dedicates his practice to representing those who need a voice when the government falsely arrests and accuses them of committing crimes .  Jason Steinberger can be reached anytime to discuss your case at 646-256-1007. Call now to discuss your Bronx False Arrest Case.