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What is inciting a riot in NY?

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Ten people face charges in Syracuse, NY for inciting a riot in connection with the Father’s Day shootings in Skiddy Park on balduf-inciting-a-riot-attorneythe West Side. This uncommonly used charge of the Penal Law prompts several questions; What exactly is inciting a riot? Is this charge considered a felony or misdemeanor? What can these defendants expect going forward?

 According to NY Penal Law Article 240.08 Inciting to riot;  A person is guilty of inciting to riot when he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm. Inciting to riot is a class A misdemeanor. Inciting a riot may be punishable by up to one year in jail.  Inciting a riot belongs to a group of charges commonly known as Conduct Against Public Order.

 When dealing with a defendant charged with this particular crime, there are many aspects to consider.  It is imperative that if you are charged with inciting a riot, you seek legal representation that will take the time to listen to your accounting of the events that took place, will examine the case’s merits thoroughly, and  is willing to make any applicable motions in an effort to receive the best possible outcome for your matter.

 If you have been charged with a crime or the police want to interview you in relation to a crime, you need an experienced attorney immediately.  Call me, I offer a free consultation 315-474-5533See related articles:

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What is Drug Court and Could it Help Me?

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drug-courtWhat is Syracuse Drug Court and is it right for me?

I am often asked if I think Syracuse Drug Court is a good idea. My answer is that I think drug court is a great idea for certain clients. Syracuse Community Treatment Court  (SCTC) commonly known as Drug Court oversees delivery of comprehensive addiction treatment services under judicial supervision, thereby reducing drug dependency and recidivism in the nonviolent offender and returning him/her to the community as a productive citizen.

The Syracuse Drug Court is supervised by Chief Judge of the Syracuse City Court Hon. James H. Cecile. The judge takes an active interest in all aspects of participants’ lives and supervises their treatment for substance abuse, as well as their receipt of support services. Services include treatment, assistance with education, vocational training, housing, employment and counseling.

Defendants are required to appear regularly before the court for supervision, and emergency hearings for non compliant participants and those in danger of relapse are handled on a case-by-case basis. Treatment and community resource agencies will report to the judge each time before a defendant appears in court. Sanctions for non-compliant behavior can include an increase in court appearances and drug testing, a change in level or modality of treatment, and incarceration.

Drug Court looks to assist the whole person not just through substance abuse treatment but also education, and job training as well.

Eligible defendants must:

  1. Be charged with a non-violent felony or misdemeanor in the County of Onondaga;
  2. Be determined by the SCTC to be in need of treatment for a substance abuse/ addiction problems;
  3. Have no prior convictions for violent felony offenses.

Typically, if a person is successful, misdemeanor charges are dismissed. Successful participants who are facing felony charges will have their charges reduced to the underlying misdemeanor and receive a 1 year conditional discharge.

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