Law Office of Luke Scardigno - Queens Criminal Defense Attorney

Queens Criminal Law Blog

Domestic violence claims can be used against an innocent party

Have you ever had an argument with your spouse over something silly? Did it get a little out of hand, but no real harm came from it? Maybe time passed after the argument, and your spouse decided to file for a divorce for unrelated reasons. That's all fairly common, especially as a couple's relationship begins to degrade.

What is less common is when a spouse decides to use false claims of abuse to get their way during a divorce. It may be true that you argued, but arguments are not the same as abuse. It might be hard for you to understand why your estranged spouse is making these claims, and those claims can disrupt everything about your life.

Your food could add up to a DUI: Here's why

You may never have thought about the fact that your food may contain alcohol. Even if it did, you've heard that it all bakes off when the food is cooked, so you shouldn't have to worry about it, right?

The truth is that food can contain enough alcohol to give you a buzz or get you drunk, depending on the alcohol content and amount you ingest. If you're drinking with your meal, the meal may even boost your chances of having a higher BAC, since your own drink will combine with the alcohol found in the meal.

The top reason you should consider fighting your first DWI charge

People tend to build internal hierarchies and create structure that help them understand the world around them, and sometimes, the ideas that we internalize can do more harm than good. For example, many people have an idea that certain crimes are much worse than others, and that personal belief leads them to underestimate the importance of criminal charges they consider minor.

While it is true that many people make a distinction between violent crime and other criminal offenses, that doesn't mean that offenses you consider minimal or minor won't matter to other people, such as future employers. One offense that too many people fail to take seriously is impaired driving. Because alcohol is legal and its use is common, quite a few people mistakenly believe that a first-time impaired driving offense won't have a major impact on their life.

2 reasons why a guilty plea isn't always the best option

Getting arrested and facing criminal charges has a way of impacting your life for more than just the time you spend in jail. Many people don't want to deal with the interruption that court can cause in their lives. Even if they know they did not commit the crime of which they are accused, they may see it as easier and smarter to just plead guilty.

A guilty plea could mean dealing with a lesser offense on your criminal record. It could also help criminal defendants avoid missing work for a protracted criminal trial. Those benefits may be far outweighed by the potential damages that conviction can do to your life.

These 3 defenses can help with a domestic violence case

If you're accused of abusing your partner, wife, husband or other person you're in a relationship with, you could face charges for domestic violence. While many of these charges are not fair, the police have no choice but to carry out their duties and separate the parties. In most cases, that means that at least one person will be arrested when a call is made.

If you are arrested for alleged domestic abuse, you may think that there's nothing you can say or do to change the outcome of this case, even if the allegations are false. Fortunately, that's not true. There are a number of defenses that can work in your favor.

Breath tests: Don't refuse unless you want to lose your license

You were stopped by police unexpectedly, so it's not surprising that you were offended when they asked that you take a breath test. You had a drink or two, but you didn't think it was enough to affect your driving. You don't even believe you did anything to cause them to pull you over, but they claimed that you were speeding.

You want to refuse to take the test out of pride, but it's honestly better to take the breath test instead of rejecting it. With a breath test, you can show that you aren't intoxicated. If you refuse it, you'll automatically face penalties.

Understand the forms of domestic abuse

Domestic abuse is an important topic to discuss, because it's often misunderstood. While many people believe that domestic abuse is only when someone is physically hurt by their spouse or partner, the reality is that abuse takes many forms.

Domestic violence is perhaps better explained as intimate partner violence or relationship abuse. It usually happens between partners, though it can involve children or other family members in some cases.

In your defense: Here's why to rely on your attorney

There are many different ways to defend against allegations of criminal actions. Some of the possibilities are to prove insanity, automatism, mistake of fact or self-defense. As someone who is willing to admit that you did commit a crime and made a mistake, you may be asking what the best options are.

You can't blatantly lie on the stand if you go to court, but you also don't want to be found guilty. What should you do?

DUIs and medical conditions: Mimicking the effects of alcohol

As someone who lives with a medical condition, you know that some of your symptoms can mimic intoxication. For the most part, this isn't a problem, because you're able to treat the condition before it causes those effects. For example, if you're diabetic, taking insulin or eating can resolve any unusual symptoms. Similarly, those with epilepsy may be able to take medications that reduce the likelihood or severity of seizures that could make them act in unusual ways.

Judges, medical providers and even the police know that medical conditions can lead to the appearance of intoxication. Officers are trained to recognize when a person needs medical care, but they won't always be able to distinguish that right away. It is important to carry a medical card on hand and to have it where it's easy to find. Additionally, you should attempt to explain what's happening or call 911 as soon as you realize that you are having complications of your medical condition.

Know the statistics: Domestic violence in New York

As you probably know, domestic violence is a problem in many homes in America. If you were accused of causing violence in your home, this can lead to serious charges and penalties.

The reality is that you are not alone when it comes to facing charges for domestic violence. Police agencies outside New York City reported 27,161 offenses by intimate partners in 2017. Of those, women were the victims in 80 percent of the cases, while men made up the remaining 20 percent of victims.

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