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Can I get early release from felony DWI probation?

With a felony DWI conviction and missed payments required by probation,  an early release from your probation obligation is unlikely. While there are a number of ways for a probationary term to be altered, they are generally altered in favor of those who have either completed the required condition; i.e. paying restitution or completing a treatment program, or those who the probation officer feels no longer benefit from community supervision.  Because you have not satisfied your requirements, an early release is unlikely. Communicating with your probation officer your desire...

Update: New York State Criminal Justice Reforms- Marijuana and Sentencing

New York, like much of the country, is undergoing numerous changes with regard to the parameters of criminal law in the state. Legislators have been listening to advisory committees, as well as the public, as to their concerns about how criminal defendants are treated in New York, from arrest to sentence. Sweeping changes with regard to bail issues, the right to counsel, marijuana and sentencing have been coming at a rapid pace.

What are the Grounds for Divorce in New York?

There are Seven grounds for Divorce in New York State.  1. No Fault The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.  With the addition of this no-fault ground for divorce in October 2010, parties may now be granted a divorce upon the sworn statement of one of the parties thereby eliminating the need to allege and prove one of the grounds listed below.  Divorce has become much easier in New York. However, the court will not grant a divorce on these grounds unless...

People v. Mothersell, All-Persons-Present Search Warrant Invalid, Ct. Apls. 4-1-2010

On April 1, 2010 the Court Appeals decided the case of People v. Mothersell and dismissed an indictment based on evidence seized during the execution of a warrant that claimed the authority to search all persons present. The Court stated there was a "possibility of a valid any-person-present warrant, it does not appear that this Court has ever actually sustained such an instrument. While such a case may well come before us, it is not this one." (Slip Op. pg 4.)

What type of damages can I get in a personal injury case?

New York law allows a person injured by someone else’s negligence to file a lawsuit and ask for damages.  But the type of damages that you can recover depends on how the injury affects your life. In a personal injury case, those damages are typically thought of in two ways: non-economic damages and economic damages.

FAQs New York Search Warrants

By Ralph Habib, Esq. Criminal Procedure Law Article 690 governs Search Warrants As Americans, we all have increased expectations of privacy in our homes.  Pursuant to the 4th Amendment, we are supposed to enjoy a life free from being subjected to unreasonable government searches and seizures.  A search warrant is an instrument used under specific circumstances by law enforcement to pierce the protection of these expectations.   How Are Search Warrants Granted and by Whom? A local criminal court may, upon an application of a police officer, or other designated law...

Challenging the Evidence in DWI Cases

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. I challenge the prosecution’s discovery practices and evidence in a DWI case early on, way before trial. I first try to bring any challenges to the DA because DA’s are busy; they have dozens of cases, and they rarely want to spend a lot of time and effort on a case...

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Settlement Options Available to DWI Clients: Ignition Interlock Device Issues

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. The negotiation process in a DWI case generally includes an effort to reduce the charges to something less serious. For instance, if my client is a first time offender with a BAC under .13, a common result is getting the charges reduced to Driving While Ability Impaired (DWAI) with a fine of $500 and a surcharge of $260. The sentence is generally a conditional discharge with an instruction to...

Deciding to Consent to Field Sobriety Testing

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. You do not necessarily have to consent to take the field sobriety tests in New York State; that decision is completely up to the driver. However, I generally tell my clients that if they do not cooperate they are essentially giving the officers a valid, reasonable suspicion...

Attacking Key Evidence at DWI Trials

This article was adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books. Please call (315) 364-1155 or email us for a free consultation with Mr. Bruffett about your DWI case. Sources of Prosecution Evidence in DWI Case The arresting officer’s testimony is a key component of the evidence typically presented at a DWI trial, along with any dash cam evidence and field and/or chemical test results. If all of that evidence is not in place the...





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I am very pleased with the outcome of my case. I contacted Ralph Habib from the Azria & Bruffett group to represent me in my defense in connection with a speeding ticket. I had the opportunity to speak with Mr. Habib and found him to be professional and diligent in this area of law. I felt his background and experience would undoubtedly be the right choice. Shannon Liparulo the Paralegal was great at keeping me informed as to the status and sharing the outcome of the case with me. She always answered and returned my calls and emails. I honestly recommend Mr. Ralph Habib and the team from Azria & Bruffett! Thank you Mr. Habib and Shannon. From Melton S

Speeding Ticket

Seth Azria and his team are great. He helped me reduce my 6 points speeding ticket to a no points, loud muffler violation. I highly recommend him.

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I am satisfied with the outcome. I must say that Azria & Bruffett Law Firm help, support and guidance was very professional as well! I highly recommend Azria & Bruffett Law Firm , if you have any traffic speeding tickets in the NY state. I found his services remarkable. They delivered as promised. Thanks





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