Toner Law Firm
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Legal guide

Plain answers on New York law.

Structured explainers on the offenses, charges and court procedures that come up most often in Nassau County. Each one gives you the statute, the penalties, what actually happens, and a link to the primary source so you can check it yourself. Written and reviewed by James E. Toner.

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Criminal Defense

Adjournment in Contemplation of Dismissal in New York

An ACD stops the case and dismisses it automatically six months later, or a year in a family offense case. It is no...

Assault in the Third Degree in New York

What the prosecution has to prove for assault in the third degree under Penal Law 120.00, what physical injury actu...

Bail and Securing Orders in New York

A New York judge must choose between release on recognizance, release under conditions, or bail, and bail is only a...

Corporal Punishment and Child Discipline in New York

New York has not banned physical discipline, but the line between lawful correction and a criminal charge is narrow...

Criminal Contempt and Order of Protection Violations in New York

Violating an order of protection is charged as criminal contempt, arrest is mandatory for a stay away violation, an...

Criminal Discovery in New York: What You Get and When

New York requires the prosecution to turn over its file automatically, within 20 days if you are in custody and 35 ...

Criminal Possession of a Weapon in New York

Possessing a loaded firearm outside your home or business is a class C violent felony carrying three and a half to ...

Desk Appearance Tickets in New York

A DAT means you were arrested and released, not that the charge is minor. What a Desk Appearance Ticket is under CP...

Drug Possession Charges in New York

Possessing any amount of a controlled substance is a class A misdemeanor with no weight threshold. Adding intent to...

Drugs or a Gun Found in a Car: New York’s Possession Presumptions

New York lets a jury presume every occupant of a car possessed a weapon or drugs found inside it. What Penal Law 26...

Felony DWI in New York

A second qualifying DWI conviction within ten years is a class E felony in New York, and a third within fifteen yea...

Grand Larceny in New York

What separates petit larceny from grand larceny in New York, the four degrees and their dollar thresholds, the prop...

Harassment and Menacing Charges in New York

Harassment in the second degree is a violation, not a crime. Menacing is about fear of injury and needs no contact ...

Leandra’s Law: DWI With a Child in the Car

Driving under the influence with a passenger fifteen or younger is a class E felony in New York on a first offense,...

Orders of Protection in New York

The three courts that can issue an order of protection in New York, the difference between a temporary and a final ...

Petit Larceny and Shoplifting in New York

Petit larceny is a class A misdemeanor covering theft of $1,000 or less, and you can be charged before leaving the ...

Resisting Arrest in New York

Resisting arrest requires that the arrest was authorized. If the underlying arrest was unlawful, an element of the ...

Sealing a Criminal Record in New York

New York has no general expungement. It has sealing, by two separate routes: automatic sealing under the Clean Slat...

Self-Defense Laws in New York

New York is not a stand your ground state, but it is not as restrictive as people think either. The duty to retreat...

Speedy Trial in New York: How the Clock Runs

CPL 30.30 does not guarantee a trial date. It requires the prosecution to announce readiness within six months for ...

Suppression Hearings in New York

A suppression hearing decides whether police obtained evidence lawfully. Because most cases rest on a gun, drugs, a...

The Grand Jury and Indictment in New York

A New York felony generally cannot proceed without an indictment voted by a grand jury. A defendant has the right t...

What Happens at an Arraignment in New York

Your first court appearance decides whether you go home. What the judge actually rules on, the securing order optio...

Youthful Offender Adjudication in New York

A youthful offender finding replaces the conviction rather than reducing it, and in local criminal court on a first...

All Criminal Defense guides

Personal Injury

Comparative Negligence in New York

New York used to reduce an injury award by the injured person’s share of fault without ever barring recovery....

Deadlines for Injury Claims in New York

Most New York injury claims carry three years, but malpractice, intentional torts, wrongful death and any claim aga...

Labor Law 240, the Scaffold Law, in New York

New York’s scaffold law makes owners and general contractors liable for elevation-related construction injuri...

Labor Law 241(6) and the Industrial Code in New York

Labor Law 241(6) covers construction hazards the scaffold law does not reach, but only where a specific Industrial ...

Notice of Claim Against a Municipality in New York

Suing a county, town, school district or public authority in New York usually requires a sworn notice of claim with...

Slip and Fall and Premises Liability in New York

Falling on someone’s property is not enough to win. Notice is the element most cases turn on, and against a m...

The Serious Injury Threshold in New York

New York bars pain and suffering claims after a car accident unless the injury meets a statutory definition. The de...

Uninsured and Underinsured Motorist Claims in New York

When the driver who hit you had no insurance or nowhere near enough, the claim runs against your own policy. SUM pa...

Wrongful Death Claims in New York

A New York wrongful death claim must be brought by the estate’s representative within two years of death, and...

All Personal Injury guides

These are general explanations

Your case turns on its own facts.

Nothing here is advice about your situation. If something on these pages applies to you, the useful next step is a free consultation.

(516) 294-1133

Toner Law Firm
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Garden City, New York 11530

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