James Egan LawJames Egan Law2026-05-25T15:16:29Zhttps://www.jameseganlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503925/2024/02/cropped-James_egan_law_site_icon-32x32.pngOn Behalf of James Egan Law<![CDATA[Rochester college students & drug charges: How a possession arrest affects financial aid and housing]]>https://www.jameseganlaw.com/?p=466142026-05-25T15:16:29Z2026-05-25T15:16:29ZA drug arrest reaches far beyond a courtroom. For students at UofR, RIT, SUNY Brockport and MCC in New York, one citation can trigger campus discipline, housing trouble and sudden changes to class schedules.
A drug conviction can cause an RIT or UofR student to lose federal aid with little warning when a suspension or withdrawal forces the school to return funds under federal rules, and many school or private scholarships end after conduct violations. A lawyer can protect the criminal case while helping the student navigate school processes so aid, housing and transcripts stay on track.
How a New York drug arrest hits aid and housing
A campus case related to drug or possession charges can move fast and create money and housing shocks even before court. Here’s how problems show up quickly:
Financial aid and SAP: If a student withdraws, faces suspension or earns zero credits, the school may return aid mid‑term and place the student on Satisfactory Academic Progress warning or loss of eligibility
Scholarships and campus jobs: Merit awards, athletics aid and student employment often include conduct terms that a drug case can jeopardize
Housing: Campus housing contracts allow removal for policy violations, and off‑campus leases may include clauses that risk eviction after an arrest
Conduct process: Schools run a separate code process with lower proof standards; statements in a hearing can spill into the criminal case
International students: Certain charges or discipline can jeopardize F‑1 or J‑1 status, so coordinate with the international office
Each policy runs on its own track, so the criminal case outcome does not always fix campus or aid problems unless you address both.
First‑week steps to protect school, aid and the case
Early, measured actions can lower risk and keep options open. Use this plan as a starting point:
Do not give statements: Tell police or campus investigators you want a lawyer then stop talking
Pause risky withdrawals: Meet with financial aid to review SAP and scholarship rules before you drop classes
Guard housing: Read your housing license, track appeal dates and line up a short‑term backup if needed
Preserve proof: Save tickets, emails, conduct notices, screenshots and names of witnesses
Seek constructive steps: Consider an assessment or counseling if school policy allows it without admissions
These moves buy time, reduce exposure and support outcomes that protect aid, housing and a New York transcript while the criminal case moves forward.With calm planning and timely legal guidance, you can steady the situation and keep school, aid and housing on track while the case moves forward.
]]>On Behalf of James Egan Law<![CDATA[New York drug courts can help those facing charges]]>https://www.jameseganlaw.com/?p=465992026-01-12T18:40:41Z2026-01-12T18:40:41ZThere are three types of drug courts
The New York drug courts largely focused on rehabilitation and court oversight. There are both juvenile drug treatment courts and adult drug treatment courts. They provide support for individuals facing drug-related offenses.
If individuals can show that they have a verifiable substance abuse disorder that caused their criminal charges, they may be eligible for drug court adjudication, regardless of whether they face misdemeanor or felony charges. The family drug treatment courts in New York offer support for those accused of neglect offenses because of a substance abuse disorder.
How did the drug courts function?
The drug courts require that individuals show that their criminal charges relate to a substance abuse disorder. Provided that they qualify based on their personal history, they must agree to intensive court oversight.
They attend regular hearings, agree to randomized drug screenings and commit to various rehabilitative services. The goal is to help them understand their substance abuse disorder, identify what contributes to their substance abuse and learn tools to help them achieve and maintain sobriety. The entire process often takes up to two years and a minimum of 12 months in most cases.
Those who are successful can end their drug abuse while simultaneously bypassing the worst consequences of a drug conviction. They may be able to avoid a criminal sentence and a criminal record that follows them for life.
Defendants facing drug charges may need to sit down to talk about their case with a criminal defense attorney, and that’s okay. Seeking adjudication in the drug courts can help people turn a serious drug offense into an opportunity to improve their lives.]]>On Behalf of James Egan Law<![CDATA[The Rochester-Area “Ghost Gun” Bust: The Legal Dangers of DIY Firearms]]>https://www.jameseganlaw.com/?p=465842025-09-09T12:09:20Z2025-09-09T12:09:20ZNew York has taken an aggressive approach against “ghost guns.” If you assemble firearms at home, you must navigate state rules that differ from federal law and carry serious consequences.
What federal law allows
Federal law lets you build a firearm for personal use as long as you do not sell or distribute it. You must follow the National Firearms Act for restricted types and may not make undetectable weapons. Federal permission does not override state restrictions.
What counts as a "Ghost Gun" in New York
A “ghost gun” is a firearm built from a kit or unfinished receiver without a serial number. Because these weapons cannot be traced, New York law treats both the guns and their parts as contraband. Possessing or selling them can bring felony charges, even if federal law would allow the same conduct.Rochester busts shows how aggressively state officials pursue these cases. Prosecutors often stack charges for illegal possession, unlicensed dealing and unlawful magazine capacity. A DIY build or online kit purchase can escalate into serious criminal exposure.
How New York law changes the picture
New York treats unserialized frames, receivers and kits as illegal in many cases. Possessing or selling them can bring felony charges, even if federal law might allow the same conduct. Courts in New York apply state statutes first, so compliance with federal law alone will not protect you.
Why recent busts matter
State officials continue to target ghost gun parts and DIY builds. In April 2024, the Attorney General announced indictments tied to Polymer80 pistols, unfinished receivers and high-capacity magazines in Central New York. Investigators tracked online activity, used undercover purchases and tied seized parts to multiple felony counts in one case. These prosecutions show how aggressively New York monitors and enforces its ghost gun laws.
Practical risks DIY owners face
You should weigh common legal hazards before you build or possess parts. Take these into consideration:
Unserialized parts: New York may classify them as illegal firearms.
Transfers: Selling or gifting a homebuilt gun can lead to unlicensed-dealer charges.
Record gaps: Missing serial numbers make proof of lawful personal use difficult.
Extra parts: High-capacity magazines or certain features can add charges.
Digital trail: Build logs, messages and purchase history often appear in warrants.
Even if you think you followed federal rules, these issues can raise your exposure. Reviewing seized items and dates early may help narrow the case.
A careful next step
If law enforcement seizes your kits or parts or if prosecutors file charges, evaluate the potential felony counts closely. It is recommended to seek legal guidance to understand how New York applies its statutes and what defenses may fit your circumstances.]]>On Behalf of James Egan Law<![CDATA[Criminal Possession of a Weapon in the Second Degree Case]]>https://www.jameseganlaw.com/?p=465822025-07-09T04:03:42Z2025-07-08T04:00:24ZAllegations: The client was charged in Monroe County with Criminal Possession of a Weapon in the Second Degree.
Defense: We successfully argued after a hearing that the police lacked reasonable suspicion to chase the fleeing suspect and had no probable cause to physically detain him and take him into custody.
Result: The firearm in question was suppressed, the charges were dismissed, and the client was released from custody.
** Disclaimer – Attorney Advertising – Past results do not guarantee future success. Every case is different based on the individual facts and law associated with that case **]]>On Behalf of James Egan Law<![CDATA[Murder in the Second Degree and Criminal Possession of a Weapon in the Second Degree Case]]>https://www.jameseganlaw.com/?p=465382024-10-30T13:49:01Z2024-10-07T04:00:35ZAllegations: The client was charged in Monroe County with Murder in the Second Degree and two counts of Criminal Possession of a Weapon in the Second Degree for the shooting death of another individual.
Defense: We successfully argued at trial that the eyewitness was not credible and that there was a lack of physical evidence establishing our client was the shooter.
Result: The client was acquitted of all charges after a jury trial.
** Disclaimer – Attorney Advertising – Past results do not guarantee future success. Every case is different based on the individual facts and law associated with that case **]]>On Behalf of James Egan Law<![CDATA[Rape in the First Degree Case]]>https://www.jameseganlaw.com/?p=465292024-07-03T03:13:35Z2024-07-02T03:12:51ZOn Behalf of James Egan Law<![CDATA[Arson in the Second Degree Case]]>https://www.jameseganlaw.com/?p=465282024-07-03T03:12:26Z2024-07-02T03:09:53ZOn Behalf of James Egan Law<![CDATA[Unemployment Fraud]]>https://www.jameseganlaw.com/?p=461372024-02-12T16:15:32Z2024-01-11T11:16:53ZOn Behalf of James Egan Law<![CDATA[Understanding New York’s New Bail Reform Laws]]>https://www.jameseganlaw.com/?p=461362025-12-18T09:18:08Z2024-01-11T11:16:35ZMandatory Appearance Tickets
Under the new bail laws, a person charged with a violation, misdemeanor, or class E (the lowest level) felony will receive an appearance ticket to come to court. The suspect will still need to be “booked” – meaning they are photographed and fingerprinted. However, they will not need to spend the night in jail or see a judge to be arraigned immediately. Instead, the police officer will give them a ticket notifying them when they have to appear in court.
What if I don’t appear in Court?
If you intentionally fail to go to court for the date listed on your appearance ticket, the court could issue a warrant which directs the police to arrest you and hold you in jail.
If I get an appearance ticket, do I need an attorney?
YES! An appearance ticket is not the same as a traffic ticket. You have been officially charged with a crime. If you are convicted, you could face jail or prison time and you will have a criminal conviction on your record.
Are there exceptions?
Yes – Higher level felonies (class A – D), escape crimes, sex crimes, domestic crimes, cases where the person’s license will be suspended or revoked, cases in which an order of protection will be issued, if there is an outstanding warrant, if the person has a history of warrants in the past two years, or if the person is in need of immediate mental or medical care. In these cases, the person will be brought before a judge.
Qualifying vs. Non-Qualifying Offenses
Even if you are not eligible for a mandatory appearance ticket, there is a good chance you will not be held on bail. After you go before the judge, if it is a “non-qualifying offense”, then the judge MUST release you or set non-monetary conditions.
What are Qualifying Offenses?
Any violent felony (except Burglary in the Second Degree or Robbery in the Second Degree aided by another)
Criminal Contempt (violation of an order of protection)
Terrorism and Money Laundering in support of Terrorism.
Is bail required on Qualifying Offenses?
NO! Even for qualifying offenses, the judge can release the suspect. The judge is still supposed to consider the “least restrictive means” which will ensure the suspect comes back to court.
Can the Court put me in jail while the case is pending?
Yes, for the following reasons: if the person repeatedly fails to appear for court, if the person violates an order of protection, if the person intimidates or tampers with a witness, if the person commits a felony while free on a felony. The judge could also put you in custody after conviction pending sentencing.
What about Probation or Parole Violations?
The new law did NOT change bail as it relates to probation or parole violations. In most cases, the judge will hold you if there is a pending probation or parole violation. If you have additional charges, it is important your attorney ask the judge to set bail on the other charges so you get credit for the time you are in jail on those charges.
What Factors Determine What the Bail is?
The factors are set forth in the statute:
Suspect’s history and activities
The charges they are facing
Prior criminal convictions
Prior juvenile delinquent or youthful offender history
Suspect’s financial situation
For family offenses, whether an order of protection was violated
For family offenses, the suspect’s access to firearms
Other information that relates to suspect’s likelihood of coming back to court
]]>On Behalf of James Egan Law<![CDATA[The Driver’s License Suspension Reform Act]]>https://www.jameseganlaw.com/?p=461352024-02-12T16:17:17Z2024-01-11T11:16:07Z