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Laurence A. Silverman & Associates Laurence A. Silverman & Associates
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FAQ

  • FAQ

    • Am I allowed to refuse a Breathalyzer?
      • A:Legally, you are not required to submit to a Breathalyzer. However, if you do refuse the test, you may face consequences such as license suspension, especially if the officer is reasonably convinced that you are intoxicated. If you feel you were required to submit to a Breathalyzer, or bullied into it, we can discuss your options when it comes to pursuing your case.

    • Is Marijuana Legal in New York?
      • A:While many states have taken up the full legalization of marijuana (weed), New York State has yet to fully legalize the substance. However, the state of New York has de-criminalized the pocession within a certain framework. As of 2019, you will no longer be criminally charged for possession of marijuana, fines are now $50 for less than an ounce and a maximum of $200 for up to two ounces. In addition, past conviction for marijuana possession may have the chance to be wiped clean under the new law.

    • Do I need an attorney to enter a plea?
      • A:You do not need an attorney to enter a plea in a criminal defense case. However, regardless of how you intend to plea, it is a good idea to consult with an attorney in order to help you understand your options. For example, it might be possible for you to avoid a trial by pleading guilty and proceeding to a plea agreement. Your attorney can negotiate this on your behalf.

    • Do I need an attorney if I am innocent?
      • A:Regardless of your plea, and especially if you are innocent, consulting with an attorney helps protect your rights. If you are not adeptly represented, you run the risk of being convicted for a crime you did not commit, or of receiving a harsher sentence than your crime deserves. Again, regardless of how you intend to plea, contact our firm for aggressive representation.