Spicer LawSpicer Law2026-02-13T04:24:26Zhttps://www.spicerlawsyracuse.com/feed/atom/WordPress/wp-content/uploads/sites/1303321/2021/11/cropped-Spicer-Law-Site-Icon-min-32x32.jpgOn Behalf of Spicer Law<![CDATA[A DUI might end your nursing career]]>https://www.spicerlawsyracuse.com/?p=472512026-02-13T04:24:26Z2022-12-07T21:27:22ZBe forthcoming
Failing to report a DUI to your employer or to a state licensing board will often cost you your license because it's seen as dishonest. Authorities or your employer may report your drunk driving charge to the state licensing board, which could result in you losing your license even if you don't report it.
Have a plan for the future
You may be able to save your career by outlining a plan to ensure that you won't engage in drunk or impaired driving again. For instance, you could promise to enter a rehab facility, quit consuming alcohol or attend regular 12-step group meetings. You may also agree to random blood or breathalyzer tests to prove that you are sober at work or while driving.
The charge may be reduced or dropped
Getting a DUI charge reduced or dropped improves your chances of saving your job. Criminal defense strategies may include casting doubt on chemical test results or the basis of the event that caused police to make contact with you.
A drunk driving charge may have a negative impact on your career even if it is eventually dropped. However, obtaining a plea bargain or acquittal may allow you to keep your driver's license as well as avoid paying fines.]]>On Behalf of Spicer Law<![CDATA[What to know about sealing a conviction]]>https://www.spicerlawsyracuse.com/?p=472192024-02-14T12:10:26Z2022-09-14T18:57:18ZThe criteria for getting records sealed
It's important to note that not all drug offenses are eligible to be sealed by the state. However, if yours is an eligible offense, you will need to submit proof that you completed your sentence as well as a drug rehabilitation program. Furthermore, if there are charges currently pending against you, the state will not seal your record until those are resolved. It may take six months or more to get your drug charge conviction removed from your public record. The exact timeline in your case will depend on where the proceeding is taking place and if there is any pushback from authorities.
Your records are hidden from most
If you do get your record sealed, it means that it will be hidden from a prospective employer, a landlord or others who might conduct a background check. You also have a broad right to deny or otherwise fail to acknowledge that you have a criminal record after a prior conviction has been sealed.
Reoffending could reopen your record
Your record will typically be unsealed in the event that you commit a crime in the future. At that point, it's unlikely that you would be able to get your record sealed for a second time. An employer, lender or landlord may also be able to see that you have a criminal record, which may complicate your ability to obtain or retain employment, credit or a place to live.]]>On Behalf of Spicer Law<![CDATA[What are the possible defenses to white-collar fraud crimes?]]>https://www.spicerlawsyracuse.com/?p=472072024-02-14T12:54:51Z2022-06-17T17:42:27ZLack of intent
The only way the prosecution can prove that a person is guilty of a white-collar crime such as fraud is to provide evidence that they had intent. A common defense in such a case is to argue that the defendant lacked criminal intent and that the alleged fraud was a legitimate mistake.
Entrapment
Entrapment is a common defense against fraud. It occurs when a law enforcement team sets up a sting operation against a person it suspects is guilty and an officer induces the crime. Entrapment can be argued if there is evidence that the defendant only acted directly due to pressure from the undercover officer.
Illegal search and seizure
If a law enforcement officer violated the person’s Fourth Amendment rights and performed an illegal search and seizure, the defense can argue that point in the case. Officers must have a search warrant or explicit permission from a person to search their property. If either of those are lacking, the fraud charges could be thrown out.
Incapacity
If a person lacks the capacity to understand the nature of the alleged fraud crime due to physical or mental impairment, the incapacity defense can be used. If there is evidence in the form of medical records to attest to the individual being incapacitated, this defense could work toward getting the charges dropped.
Statute of limitations
There is a statute of limitations for charges to be brought against a person who allegedly committed a fraud crime. If federal charges were brought forth over five or 10 years after the fact, depending on the specific crime, the defense can argue that the statute of limitations has expired.
Intoxication
If the defendant was intoxicated during the commission of the crime, they might not have been in control of their faculties. Intoxication is a common defense against fraud charges. The defense can argue that if the person had been sober, they would not have committed the act.]]>On Behalf of Spicer Law<![CDATA[Can you reduce a felony drug charge to a misdemeanor?]]>https://www.spicerlawsyracuse.com/?p=472022022-10-10T09:05:10Z2022-03-22T00:16:53ZPlea bargaining
A prosecutor may be willing to reduce a drug felony charge to a misdemeanor as part of a plea bargain. This is usually done in exchange for pleading guilty to the reduced charge. Plea bargaining is often the best option for those who have received a drug felony charge. It can help you avoid jail time and get a lesser charge on your record. Just remember to understand the terms of the plea bargain before you agree to anything.
Complete a drug diversion program
Another option for reducing a drug felony charge is to complete a drug diversion program. This is usually a court-ordered program that requires you to complete certain tasks, such as drug counseling and drug education classes. If you complete the program successfully, your felony drug charges may get reduced to a misdemeanor.
Proving that there aren't enough felony elements
In some cases, it may be possible to get a drug felony charge reduced to a misdemeanor by proving that there aren't enough felony elements to the case. For instance, if the drug was for personal use and not for sale, you may be able to get the charge reduced. Also, if the drug was not in your possession when you were arrested, you may be able to get the charge reduced.
When a drug felony charge gets reduced to a misdemeanor, this can still have serious consequences, such as making it difficult to get a job or rent an apartment. However, it is not as severe as having a felony on your record. Just remember that if you are facing a drug felony charge, you have to understand the specifics of your case and what options are available to you. Reducing the charge to a misdemeanor may be possible, but it depends on the circumstances.]]>On Behalf of Spicer Law<![CDATA[DUI stops could lead to more charges]]>https://www.spicerlawsyracuse.com/?p=469922022-10-10T09:05:14Z2021-12-18T05:19:39ZDriving while intoxicated and connected charges
A drunk driver could commit numerous moving violations, such as speeding or going through a red light, along with the DUI offense. Often, the police will pull the person over for a routine traffic violation and discover the driver is also intoxicated. DUI/DWI charges then follow.
Sometimes, the charges could be more severe than a "standard" traffic violation. Attempts to flee the police at 100 mph would likely lead to a tough day in court. Accidents may yield reckless driving offenses and even vehicular homicide charges tragically.
Drunk drivers might even fight with the police. Such behaviors would surely lead to more criminal charges.
Varying DWI/DUI charges
Drivers might face additional DWI/DUI troubles than they initially expected. Someone might have a blood alcohol content below the legal limit but may still face driving under the influence charges. Those with a BAC higher than the legal limit may face charges related to their excessive intoxication.
The courts look at the driver's past history when dealing with a DUI offense. Someone with a second or third DUI offense would surely look at harsher sentencing guidelines. Often, the punishments come with mandatory minimums that increase with each offense.
DUIs could be misdemeanors or felonies. In New York, second and third-time offenses that led to convictions within 10 years reach the felony level. A second offense could result in a four-year maximum prison sentence. A third offense may lead to seven years in jail.
Persons facing DUI charges and other offenses could fight the charges. Sometimes, a lack of probable cause could result in the charges not having merit. Each case and the related defense likely has its particulars.]]>