Category Archives: Criminal Defense

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Poughkeepsie criminal defense law

New developments in Poughkeepsie criminal defense law

Category : Criminal Defense

Poughkeepsie criminal defense law

Poughkeepsie Criminal Lawyer

There are always new developments in Poughkeepsie criminal defense law. It is important to choose a Dutchess county criminal lawyer that understands your situation.
One current issue is the New York State Senate passed “Laree’s Law”, which makes any person guilty of a homicide that unlawfully transports or sells opiates that causes the death of another person. This law will effect Dutchess county and Poughkeepsie criminal lawyers clients. If you or a family member are accused of a crime in Poughkeepsie or Dutchess county this law sounds like our government is out to help the current heroin epidemic that there is in Dutchess County, NY.  However, this law will do very little, if anything, to stem the tide of opiates consumed in Poughkeepsie, NY.
The Senate tells us in their justification for the law that “This law would hold drug dealers accountable for the true cost of their activities, significantly diminish the open availability of these dangerous drugs on our streets and give district attorneys the necessary tools to work up the criminal chain to the ultimate supplier because facing life imprisonment for any amount of drugs that results in death is a profound disincentive to sell drugs within the state of New York.”  There will be zero deterrent effect to dealers of opiates in NY due to this law.  The government should conduct a study on what laws really are deterrents, because this one will not be a deterrent.  The government does not think like a drug dealer.
Drugs are a huge underground economy where jail time is just a part of the overhead of doing business, and for some dealers, it is the only source of income and a way to support their own drug use.  This is just a bill for our legislators to point to when reelection time comes around, and so they have another reason to pat each other on the back and tell each other what a great job they are doing for the citizens and residents of Poughkeepsie, Dutchess County, New York.
It’s about time for our legislature to address opiate use as a medical issue instead of a criminal issue.  The drug laws have filled our prisons, made criminals of addicts, and done nothing to stem the availability and consumption of drugs.  Final thought:  If I get into my car after drinking to a blood alcohol content of .15 and drive over a person in the crosswalk causing their death, I would be guilty of Vehicular manslaughter in the second degree and subject to a maximum of 7 years incarceration.  If I drive up to Buffalo to see some old college buddies and give them some of my oxys that were prescribed to me after my hip replacement, and they give them to another person who overdoses and dies taking them, I would be subject to a maximum of Life in prison. When choosing a Poughkeepsie Criminal Lawyer or Dutchess County criminal defense lawyer please make sure you ask detailed questions of your lawyer.
If you or a family member needs a criminal defense lawyer please call Richard Berube to set up a free consultation. Poughkeepsie criminal law is very complex involving a multiple of factors unique to the ever changing Poughkeepsie criminal laws.

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When to contact a Dutchess Criminal Lawyer?

Category : Criminal Defense

When to contact a Dutchess Criminal Lawyer?! It is not just a question of trust!

We are all taught to trust the police, and rightly so they are assigned to protect us everyday. Naturally you would feel safe if the police come to your home to question you regarding an alleged criminal event.

Having handled criminal cases as both a prosecuter and criminal DA, from murder trials to petit larceny, I always advise my clients that it is never appropriate to speak with the police without your attorney.
In almost all cases the police have already assumed that you have committed the crime. How the questions are asked, the length of the questioning, and the environment you find yourself in can all lead to misleading or false confessions. The news is rife with people who have confessed to crimes only to later be found innocent after many years in prison.
We are all presumed innocent.
We all have the right to an attorney.
So confronted with that seemingly innocent question, “Can you come talk to us at the police station?”
You should protect your rights and call me, Richard Berube from Serino, MacKay and Berube, Poughkeepsie Criminal Lawyer serving the Dutchess County Area !
Dutchess Criminal Lawyer

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Category : Criminal Defense

Handling a Dutchess County DWI or Poughkeepsie DWI case requires knowledge of the Assistant District Attorneys, the Judges and the procedures in each individual Dutchess County Court.  Having started my career as an Assistant District Attorney in Poughkeepsie prosecuting DWI cases in all of Dutchess County I realized not all Judges, attorneys or cases are the same.  This is where experience matters when hiring an attorney to handle your Poughkeepsie DWI case.

The procedures and policy of the Dutchess County District Attorney are often changing.  When I first started practicing Poughkeepsie DWI law 23 years ago the unwritten policy was if a reading was above a .15 then the person would initially receive an offer of a plea to the charge.  It was then up to the Poughkeepsie DWI attorney to convince the assistant district attorney to reduce the Poughkeepsie DWI case.  When I was a prosecutor I would clearly listen more to a experienced trial attorney then one who had little to no trial experience. I knew they could not back up their arguments in a hearing or trial and often just would back down.  Things have changed little in this regard and Assistant District Attorneys still know who will and will not take borderline cases to hearing and trial.  Worse still is the readings are much lower for a plea to the charge offer, the jail time higher, the fines higher and the possibility of losing your license forever now a threat in all Poughkeepsie DWI and Dutchess County DWI cases. It is more important that ever to hire the right Poughkeepsie DWI lawyer or Dutchess County DWI lawyer to represent you.

At Serino, MacKay and Berube we have handled thousands of DWI cases of the course of our careers and more importantly have brought hundreds of these cases to either trial or hearing.  When looking for the right attorney experience matters come in and meet with one of our attorneys for a free consultation on your matter today.  



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Office Location

Serino, MacKay & Berube PLLC

12 Walker Rd.

Poughkeepsie, NY 12603

Phone: 845-462-0001