Law Office of Luke ScardignoLaw Office of Luke Scardigno2026-05-20T07:36:11Zhttps://www.lukescardigno.com/feed/atom/WordPress/wp-content/uploads/sites/1404864/2020/02/cropped-LS_FAVICON_512x512_Optimized_FEB20-32x32.jpgOn Behalf of Law Office of Luke Scardigno<![CDATA[How New York’s zero-tolerance law affects young drivers]]>https://www.lukescardigno.com/?p=2559402026-04-14T18:05:13Z2026-04-11T12:29:17ZWhat is the zero-tolerance law?
Grounds for drunk driving charges typically involve either evidence of impaired driving or proof of chemical impairment. New York state statutes limit adults to a blood alcohol concentration (BAC) of no more than 0.08% while operating a vehicle. At 0.08%, most adults notice signs of impairment and may struggle to safely operate a vehicle.
The zero-tolerance law applies to all licensed drivers who are too young to legally drink alcohol, regardless of what type of license they have. They could face impaired driving charges with a BAC of 0.02% or higher. They may not notice any signs of impairment. One or two drinks can be enough to put them over the legal limit and at risk of arrest.
An underage drunk driving conviction can affect a young driver’s license, which the state suspends for six months. They are also subject to a $125 fine and another fee to reinstate their license. A second offense can result in a license revocation that lasts a year or until they turn 21.
Both young drivers and their parents may need help when the state alleges that an underage drunk driving offense has occurred. Understanding New York’s zero-tolerance law may be the first step toward responding effectively to those pending criminal charges.]]>On Behalf of Law Office of Luke Scardigno<![CDATA[Arrested during a protest? Charges and future risks to know]]>https://www.lukescardigno.com/?p=2557592026-02-13T15:25:20Z2026-02-13T05:18:05ZUnderstanding protest-related charges under New York Penal Law
If police arrest you at a demonstration, they may cite public order offenses. You may see disorderly conduct, unlawful assembly or obstructing governmental administration. Police may also add trespass if they believe you stayed where you lacked permission.
Some situations may include resisting arrest when officers claim you blocked an authorized arrest. Each charge may involve its own steps, timelines and court paperwork.
Recognizing academic, career and long-term risks after a protest arrest
An arrest during a protest may extend beyond the court process and create practical concerns in other areas of your life. Schools and employers may review public incidents or arrest records depending on internal policies and visibility. In some situations, you may encounter:
Participating in campus disciplinary or conduct review processes
Experiencing interruptions or delays involving internships, academic programs or student status reviews
Addressing employer inquiries during background screening or internal evaluations
Providing context about the incident during future hiring or professional discussions
The degree of impact may vary based on the nature of the allegations, institutional policies and how the case develops over time.
Preparing for the practical next steps after an arrest
After a protest arrest, you may need to focus on immediate practical decisions. You may receive paperwork that lists court dates or conditions. Missing instructions may create additional problems.
You may also consider communication. Your school or employer may learn about the incident through public records or media coverage. Preparing a clear and factual response may help you manage questions without speculation.
Keeping copies of documents, notices or messages may help you stay organized as events move forward. Each situation differs, so your next steps may depend on your priorities and how the case develops.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1404864/2025/02/ny-defense-attorney-scardigno.jpg[/author_image] [author_info]Luke Scardigno is a criminal defense attorney in Queens, New York. He is dedicated to protecting the rights of those charged with protest-related crimes. Luke and his legal team represent clients throughout the NY metro, Manhattan, Brooklyn, The Bronx, Staten Island, Nassau County and Suffolk County. Contact him for a free consultation. Se habla español. [/author_info] [/author]
]]>On Behalf of Law Office of Luke Scardigno<![CDATA[What constitutes a false arrest or wrongful arrest?]]>https://www.lukescardigno.com/?p=2557182026-02-13T15:36:53Z2026-01-09T12:05:57ZWhen officers lack justification for the arrest
The state does not need to pursue criminal charges against an individual for an arrest to be lawful. Instead, police officers simply need a reasonable justification to arrest the individual. Typically, they need a warrant or probable cause to arrest an individual and take them into state custody.
Establishing probable cause to justify an arrest can be more difficult than people might initially realize. A general suspicion about an individual's behavior or identity is not an adequate reason to arrest them. Police officers need to credibly suspect that a specific crime has occurred and that the person they intend to take into state custody committed that crime or otherwise participated in the commission of the offense.
False arrest can lead to individuals suffering injuries and professional setbacks. The longer the arrested individual remains in state custody, the greater the damage the false arrest might cause. Particularly if there is a prior relationship between the police officer and the individual subject to the false arrest or the arrest culminated in injuries for the person arrested, there may be a viable justification for legal action.
Documenting what occurred and speaking with an attorney as soon as possible are both important steps for those hoping to seek justice after a violation of their civil rights. False arrests and other forms of police officer misconduct may warrant litigation. Successful lawsuits can compensate those harmed by police officer misconduct and change the way that local authorities uphold the law.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1404864/2025/02/ny-defense-attorney-scardigno.jpg[/author_image] [author_info]Luke Scardigno is a criminal defense lawyer in Queens, New York. He is dedicated to protecting the rights of those falsely arrested. Luke and his legal team represent clients throughout the NYC metro including Nassau and Suffolk Counties. Contact him for a free consultation. Se habla español. [/author_info] [/author]]]>On Behalf of Law Office of Luke Scardigno<![CDATA[The risks of relying on personal breathalyzers]]>https://www.lukescardigno.com/?p=2557062025-12-18T14:05:58Z2025-12-18T14:05:58ZYou shouldn’t be drinking and driving in the first place
That might sound like a moral judgment, yet research shows that any amount of alcohol will harm your ability to drive - as it will for anyone. A breath testing machine might tempt you to believe you are OK.
Remember being under the limit does not necessarily mean you are OK to drive. It just means you are below the legally determined point where the police can automatically give you a DWI.
Your reduced driving ability will still increase the risk you crash. Moreover, even if you do not crash, the police could charge you with a lesser drunk driving offense if they see evidence that alcohol has affected your driving.
Your machine may not be accurate
Even the police machines can sometimes be wrong, especially if not regularly calibrated. That is one of the defense options you might need to use if charged with a DWI.
If you are buying a cheaper breathalyzer machine on the internet, it is likely even less reliable. The police have little to lose if their machine is wrong. You have everything to lose if yours is wrong, and you then test over the limit on their machine.
If you face a DWI charge, telling the court your machine said you were under will not hold much sway. You’ll need legal help to discover what might.]]>On Behalf of Law Office of Luke Scardigno<![CDATA[Stay Safe: Understand NY’s Open Container Laws and Holiday DUI Patrols]]>https://www.lukescardigno.com/?p=2557002025-12-17T20:48:08Z2025-12-17T20:48:08ZOpen containers are forbidden on the roadways in New York. This includes those who are passengers in vehicles. Any alcoholic beverages in vehicles must be out of reach of passengers or sealed in a way that prevents them from being consumed.
What else should you remember about drunk driving enforcement?
Drunk driving enforcement patrols are usually increased during the holiday season. Police officers will be on heightened alert to watch for signs of drunk driving. This includes things like swerving between lanes or nearly hitting roadside objects.
Once the officer initiates a traffic stop, they’ll try to determine what’s going on. Tools like field sobriety tests and chemical tests help them do this, but only some are considered valid for court cases.
For field sobriety tests, only the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests are considered valid. Preliminary alcohol screening device tests aren’t admissible, but tests from a stationary breath test and those through urine and blood testing are.
Regardless of the alcohol-related charge you’re facing, you should ensure that you understand your defense options. Exploring these early in the case is crucial since some of the options might be time-sensitive. Working with someone familiar with these charges can help you evaluate your choices and how they might affect your future.
Se habla español.]]>On Behalf of Law Office of Luke Scardigno<![CDATA[Private attorney vs. public defender in New York: Key differences explained]]>https://www.lukescardigno.com/?p=2556072026-02-11T22:56:26Z2025-11-12T17:19:33ZUnderstanding how representation works in New York
In New York, the government appoints a public defender when a defendant cannot afford private representation. A client hires and pays a private attorney directly through fees or retainers. Both uphold your constitutional right to counsel but they differ in how much time and attention they can dedicate to your case.
The U.S. Supreme Court established this right in Gideon v. Wainwright (1963). Yet, public defense systems nationwide still suffer from underfunding. The New York Times reports that public defenders often handle caseloads two to five times higher than professional standards which limits the time they can spend on each case.
Comparing public defenders and private attorneys
Both public defenders and private attorneys play essential roles in the justice system but their workloads and resources differ greatly. Courts appoint public defenders at no cost to qualifying defendants yet these lawyers often juggle heavy caseloads that restrict personal communication and detailed preparation.
On the other hand, clients hire private attorneys directly and pay for their services. Because private lawyers handle fewer cases, they can review evidence more carefully, meet clients more frequently and develop more comprehensive defense strategies. This structure enables more personalized attention and consistent communication throughout a case.
The role of pro bono work in New York
Some private law firms in New York accept pro bono cases, meaning they represent certain clients for free. These cases often involve lower-level offenses or clients who narrowly miss qualifying for a public defender.
Firms take on pro bono cases to fulfill public service commitments or strengthen community ties. Even when lawyers handle a case for free, they still provide the personalized service typical of private representation.
Options one can exercise
Choosing between a public defender and a private attorney depends on your finances, the seriousness of your charges and your comfort level with communication and case involvement. An experienced private defense attorney can help you understand your options and how they align with your situation.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1404864/2025/02/ny-defense-attorney-scardigno.jpg[/author_image] [author_info]Luke Scardigno is a criminal defense attorney in Queens, NY. He is dedicated to protecting the rights of those charged with state or federal crimes. Luke and his legal team represent clients throughout Queens, Manhattan, Brooklyn, The Bronx, Staten Island, Nassau County and Suffolk County. Contact him for a free consultation. Se habla español. [/author_info] [/author]]]>On Behalf of Law Office of Luke Scardigno<![CDATA[What is considered felony assault in New York?]]>https://www.lukescardigno.com/?p=2556082026-03-05T20:20:12Z2025-11-03T17:50:48ZWhen does an assault charge become a felony?
Prosecutors in Queens and other NYC boroughs use two key factors to decide whether to charge an assault as a misdemeanor or a felony.
Assault in the third degree (a Class A misdemeanor) can be charged for intentionally causing physical injury, recklessly causing physical injury, or criminally negligently causing physical injury with a deadly weapon or dangerous instrument.
Felony charges are far more serious. The law elevates the charge to a felony level based on:
Severity of injury: The victim suffered a serious physical injury (SPI). An SPI is life-altering, which typically creates a substantial risk of death, causes severe disfigurement or results in a long-term health impairment.
Aggravating circumstances: Using a deadly weapon or dangerous instrument can trigger a felony charge, regardless of the injury's severity. Attacking a protected victim, like a police officer or a child under a certain age, also elevates the crime.
Understanding these distinctions is crucial. Your attorney must aggressively challenge the prosecution's claims about the severity of the injury or criminal intent.
Consequences for a guilty verdict
A felony assault conviction carries devastating penalties. You face the threat of long sentences in state prison, including:
A Class D violent felony conviction (like assault in the second degree) carries a determinate sentence of two to seven years in state prison.
A Class B violent felony conviction (like assault in the first degree) carries a determinate sentence of five to 25 years in state prison for a first-time offender. You also face substantial fines and get a permanent criminal record.
A felony record brings a lifetime of collateral impacts. You may lose your right to own a gun, face difficulty securing employment and struggle to find housing.
Assault in the second degree (Class D felony) can be charged either by using a deadly weapon or dangerous instrument with the intent to cause physical injury, OR by intending to cause and actually causing serious physical injury without a weapon.
Assault in the first degree (Class B felony) includes intending to cause and causing SPI with a deadly weapon, acting with depraved indifference and recklessly causing SPI, or causing SPI during the commission of another felony.
Possible defenses to assault charges
A skilled defense attorney looks for powerful legal options. Defense strategies used in these cases include:
Justification, such as self-defense or defense of others, using only necessary force
Lack of requisite intent, arguing the injury was accidental, not intentional
Challenging the injury, disputing the claim that the injury meets the SPI threshold
An experienced lawyer scrutinizes the prosecution's entire case against you. Every criminal accusation is merely an allegation, not proof of guilt.
New York aggressively prosecutes felony assault cases. If you or a loved one faces these serious charges, having a skilled criminal defense attorney is crucial for navigating these legal complexities and high stakes.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1404864/2025/02/ny-defense-attorney-scardigno.jpg[/author_image] [author_info]I am Luke Scardigno, a defense attorney in Queens. I represent clients throughout Queens, Manhattan, Brooklyn, The Bronx, Staten Island, Nassau County and Suffolk County, New York who are facing felony assault charges. Contact me anytime for a free consultation. Se habla español. [/author_info] [/author]]]>On Behalf of Law Office of Luke Scardigno<![CDATA[Three important things to know about the criminal charge of stalking in New York]]>https://www.lukescardigno.com/?p=2550972025-05-14T13:20:33Z2025-05-09T15:48:31Z#1: Penalties are serious
As noted above, stalking in New York range from misdemeanor to felony charges. Penalties can include a few months in jail to years imprisonment depending on the details of the allegations. Time behind bars is just part of the potential penalties. Civil liabilities can also apply, such as court fees, medical expenses, or lost wages as well as the impact of a conviction on one’s future. This can include difficulties finding employment and housing.
#2: Defenses are available
You do not have to accept these charges. Legal means are available to fight back. Examples of potential defenses can include:
Lack of intent to cause fear or distress.
Misidentification or mistaken identity.
Insufficient evidence to prove the alleged conduct.
Determining the right defense strategy can include any one or combination of the options noted above. Additional strategies may also apply. The most important step when building a defense is to make sure it takes your specific situation into account.
#3: New law aims to expand stalking charges
The law is constantly evolving. In a recent example, lawmakers are pushing to expand the reach of stalking laws in New York. The CREEP Act, introduced by State Sen. Andrew Gounardes and Assemblymember Jessica González-Rojas, aims to allow victims to obtain civil protective orders without waiting for criminal charges. Current law only allows family members or those in a romantic relationship to get these orders. Without this relationship, anyone else that wishes to get a protection order must wait for criminal charges.
The bill defines stalking to include offenses like menacing, assault, harassment, identity theft, and unlawful publication of intimate images. The proposal also provides protection against misuse of internet-enabled devices. If a court grants this protection order, referred to as an anti-stalking order, it would bar the subject of the order from making contact through texts and emails as well as provide limitations on the distance the subject can be from the individual’s home, work, or school.
If passed, the CREEP Act would expand the reach of stalking charges, allowing it to apply to more than just family members or intimate partners.
Although not yet passed, the law provides another example of the importance of navigating criminal charges with care. It is important to know the particulars of the law to better ensure a defense strategy that protects your rights. An attorney with experience in these matters can review your case and discuss your options.]]>On Behalf of Law Office of Luke Scardigno<![CDATA[Can New York police search my car if they pull me over?]]>https://www.lukescardigno.com/?p=2549652026-02-11T22:52:00Z2025-02-20T19:08:37ZMost people have some awareness of their constitutional right against illegal searches and seizures of their homes and offices. Americans are protected under the Fourth Amendment from law enforcement executing “unreasonable” searches of their property or seizing items without their permission or a valid warrant (with some exceptions, as we’ll discuss below). If a law enforcement officer pulls you over in their vehicle, however, it’s understandable to be unclear about whether your Fourth Amendment rights apply. While the U.S. Constitution didn’t specifically address vehicle searches in the days of horses and buggies, later U.S. Supreme Court rulings have – with what’s referred to as the “automobile exception.” They’ve determined that people have a lower expectation of privacy while in a vehicle on a public road. Further, the fact that a driver could leave the scene at any moment can make waiting for a warrant unrealistic. However, it’s important to know that this doesn’t give law enforcement free rein to search and seize at will. Let’s look at just what is required for a legal search of your vehicle at a traffic stop.
When can officers search your vehicle without a warrant?
Typically, if you don’t provide your consent (which you aren’t legally required to do), at least one of the following scenarios is required for a legal vehicle search without a warrant:
Exigent circumstances that require an immediate search, such as a driver who appears to be trying to flee the scene
“Incident to the arrest:” A search is necessary to obtain evidence related to the offense for which they’re arresting someone.
Plain sight: An officer can seize any item they believe to be evidence if they can see it without performing a search – for example, something on the front seat or dashboard.
Some searches might fall under one or more of these categories. That’s why so many warrantless searches of vehicles hold up in court.It’s important to know, however, that police need “reasonable suspicion” that someone has violated the law – even a traffic law -- to pull them over in the first place. We’ve all heard of officers accused of stopping people because they and/or their vehicles didn’t look like they “belonged” in a particular area. That typically doesn’t rise to the level of reasonable suspicion.If you believe that a search of your vehicle was unlawful, you have the right to challenge any alleged evidence found during that search. Having legal guidance can help protect your rights.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1404864/2025/02/ny-defense-attorney-scardigno.jpg[/author_image] [author_info]Luke Scardigno is a criminal defense attorney in Queens, NY. He is dedicated to protecting the rights of those charged with state or federal crimes. Contact him for a free consultation. Se habla español. [/author_info] [/author]]]>On Behalf of Law Office of Luke Scardigno<![CDATA[What happens after a weapons arrest at an airport?]]>https://www.lukescardigno.com/?p=2549532025-11-13T05:33:29Z2025-02-19T18:05:33ZThe defendant is likely to miss their flight
When professionals working at the airport discover items that violate state or federal regulations, they usually prevent the passenger from boarding the plane. They may also seize the items that allegedly violate the law. In some cases, the person may be subject to immediate arrest. Other times, the state may announce charges later.
Prosecutors announce pending charges
After an arrest, state prosecutors choose what allegations to bring against the defendant. A weapons offense at an airport could face a variety of different charges.
New York has a law that allows for a special charge and specific penalties in cases involving weapons brought into airports. Any firearm, metal knuckles, slingshots or caneswords brought into an airport could lead to criminal charges. So could armor-piercing ammunition and many different kinds of knives. In minor cases, people may face fines from the Transportation Safety Administration that could cost them up to $14,950. Other times, they may face state criminal charges.
Unloaded firearms could result in Class A misdemeanor charges. Otherwise, the person accused may face a felony charge. The state can file charges ranging from a Class E felony to a Class B felony. The penalties possible range from up to four years in prison for a Class E felony to 25 years in a Class B felony case.
Defendants may need to discuss their situation with a lawyer to determine what plea to enter and what defense strategies they may have available. There are many potential defense strategies that people can develop when accused of a weapons offense at an airport. The nature of the weapon, the record of the defendant and other factors can influence the most effective response. Securing support as early as possible may make a major difference for a defendant facing weapons charges in New York.]]>