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Criminal

If you are facing prosecution, then securing competent legal representation is the most important decision you can make to protect  your reputation, career and finances. At David Rodriguez, PLLC, we pride ourselves on providing the strongest and most effective criminal defense possible. We believe that an effective defense requires not only a firm grasp of the law but also to know the personal needs of each and every client. Our office will put ourselves between you and law enforcement and guide you through every step of the process from arraignment, bond hearings, pre-trial motions, jury selection, trials and sentencing. Please click below on the topics you may have questions about and call our office as soon as possible for an immediate consultation.

I got arrested. What should I expect?

After you have been arrested, an arraignment on your charges will typically take place within 24 hours. At the arraignment, the presiding judge will apprise you of the charges leveled against you and your rights including your right to counsel. This is also the time where the court will ask you to enter a plea or either guilty or not guilty. It is always prudent to secure counsel prior to this time as your decision can have ramifications that follow you for the rest of your life. The other important issue often addressed at the arraignment is the setting of bail. Bail is extremely important as it can determine whether you remain in custody pending the outcome of your case.          

How do I make bail? Can my bail amount be lowered?            

When you are first arrested, if your charges are below that of a Class E felony, initial bail might be set at the precinct stationhouse.  Thereafter, bail is then addressed by the presiding arraignment judge.

However, should you make bail either at the local stationhouse or released on your own recognizance, then your arraignment hearing may be set at a different time.  A variety of factors go into bail determination ranging from the seriousness of the charges to your prior record and ties to the community. These factors are enumerated by statute in CPL 510.30(2)(a). That is why it is essential you have competent counsel at your side as a bail hearing can mean the difference between being able to live and work normally as your case is processed versus remaining in custody. Call us immediately should you or a loved one require counsel.

How do I fight a traffic ticket?

At David Rodriguez, PLLC, we take the hassle out of fighting a ticket and provide you the ease of mind of making sure your license either receives no or a reduced number of points. Most, if not all tickets can be handled without you even being present.  Points are important as they can result in you either having to pay a Driver Responsibility Assessment Fee (6 points within an 18 month period) your license suspended (11 points within an 18 month period) or an increase in your motor vehicle insurance. Below is a list violations and their associated points value.

VIOLATION

POINTS

Speeding (MPH over posted limit)

 1 to 10

3

11 to 20

4

21 to 30

6

31 to 40

8

Over 40

11

Reckless driving

5

Failed to stop for school bus

5

Followed too closely (tailgating)

4

Inadequate brakes (private car)

4

Inadequate Brakes (employer's vehicle)

2

Failed to yield right-of-way

3

Disobeying traffic control signal, STOP sign or YIELD sign

3

Railroad crossing violation

5

Improper passing, changing lane unsafely

3

Driving left of center, in wrong direction

3

Leaving scene of property damage incident

3

Child safety restraint violation

3

Improper cell phone use

5

Use of portable electronic device ("texting")

5

Any other moving violation

2

Generally, most traffic violations are handled by two departments at the Department of Motor Vehicles: Traffic Violations and Safety. In larger cities (NYC), a person charged with only a traffic infraction has their case heard before the Traffic Violations Bureau by an administrative judge in lieu of court. DMV also conducts safety hearings involving fatalities, moving points and chemical test refusals. The purpose of these hearings is to determine whether or not your driver’s license should be suspended.

I got arrested for a DUI. What should I do next?

The First step is to contact David Rodriguez, PLLC because there are many time sensitive issue that arise during a DUI prosecution. Moreover, our firm will do everything to ensure that you will retain your ability to drive for work and family pending the outcome of your case.

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