Samuel C. Breslin
Sophisticated, Personal, and Affordable Legal Services for Upstate NYSam Breslin represents both individual and corporate clients in a variety of matters, from state and federal criminal defense to personal injury and complex commercial litigation. Criminal: Sam represents clients in all criminal matters including DWI/DUI charges, as well as all other violations, misdemeanors and felonies in federal, state and local courts. Many criminal charges, no matter how minor, carry the risk of long-term consequences. In defending his clients, Sam strives to make them aware of these collateral consequences and craft a defense strategy to minimize them. Personal Injury: Sam aggressively represents clients injured as the result of someone else’s negligence, and strives to get the maximum compensation for his clients. Call 518-650-3733 for a personal injury consultation. Fraud Defense: Sam represents businesses and individuals in civil and criminal fraud investigations. He has significant experience investigating and defending state and federal False Claims Act cases, including Medicare/Medicaid fraud matters. Sam’s experience ranges from federal pharmaceutical misbranding investigations, to numerous state and federal investigations, as well as administrative and licensing proceedings (incl. Department of Labor, State Liquor Authority, Education Department, et al). Sam is licensed to practice in State and Federal courts in New York and Massachusetts, as well as the U.S. District Court in Connecticut. Sam is a graduate of Tufts University and Albany Law School. He lives on a farm in Voorheesville with his family. Sam is fluent in Spanish, and was a Rotary Youth Exchange scholarship recipient. From 1999 to 2000 he lived in Ecuador. During that time, several volcanoes erupted, the national currency was eradicated, and the president was overthrown during a military coup.
- DUI & DWI
- Criminal Law
- Personal Injury
- White Collar Crime
- Gov & Administrative Law
- Business Law
- Credit Cards Accepted
We accept all credit cards. - Contingent Fees
Contingency arrangements are available on personal injury matters.
- Massachusetts
- New York
- Spanish: Spoken
- Albany Law School
- (2009)
- Tufts University
- B.A. (2004)
- Rising Star - Criminal Defense: White Collar
- Superlawyers
- Rising Star - Criminal Defense: White Collar
- Superlawyers
- Rising Star - Criminal Defense: White Collar
- Superlawyers
- New York State Bar # 4780730
- Member
- Current
- American Bar Association
- Member
- - Current
- Criminal Justice Act Panel - NDNY
- Panel Attorney
- - Current
- Activities: Sam is a member of the CJA panel, which provides defense in federal criminal matters for indignant individuals who cannot be represented by the Federal Public Defender.
- Website
- Breslin Law Group Website
- Blog
- Blog - Breslin Law Group
- Nineteen Drug Arrests After Fractalfest Music Festival
2 August 2017 - New NY Law Permits Many Citizens to Have Criminal Records Sealed
27 June 2017 - New York Attorney General Moves to Ban Daily Fantasy
12 November 2015 - What's Next for Tom Brady & Deflategate? Court!
29 July 2015 - Great Result on an Albany County DWI Refusal Case
21 May 2015 - Smarter Sentencing Act Re-Introduced in Senate for 2015
18 February 2015 - New York Crosswalk Laws
13 February 2015
- Q. What steps to take if someone secretly recorded you doing sexual favorites without your consent
- A: Depending on the circumstances, this could be a complicated issue. If they are trying to use the recordings to blackmail you, extort you, or threaten you, it could be a few different crimes (although the legislature passed the revenge porn law, I do not believe it’s been signed into law). If you believe they are going to release them, share them, etc., or if they already have, you should speak to an attorney who may be able to facilitate a conversation with police or prosecutors.
- Q. if police come to my house with a warrant and take money can they arrest me ?
- A: You skipped your appointment
- Q. Is it ilegal to carry a pocket knife in new York state
- A: New York knife laws are very complicated. Some knives are absolutely illegal (including gravity knives, switchblade knives, pilum ballistic knives, metal knuckle knives, and cane swords). Other knives, like what you are describing, are more likely covered by Penal Law 260.15(4) which states that "the possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same unlawfully against another." New York's highest court (the Court of Appeals) tried to shed light on what "dangerous knife" means, but it's still murky, since depending on the circumstances, all knives are/can be dangerous. That Court held that a "dangerous knife" is something that “is primarily intended for use as a weapon,” or a common utilitarian utensil “converted into a weapon,” but it also could be a common utilitarian knife unmodified or not designed as a weapon (like a kitchen knife or a 4 inch fixed blade knife), but by reason of the circumstances of possession and/or the “context of activity,” is dangerous. Basically there's no clear answer (except for the clearly-defined prohibited knives). If you're a fisherman and need a 4" fixed-blade for gutting fish, it's not "dangerous," because you're not using it as a weapon. However, if you carry that same knife in a shopping mall for no reason (or for a bad reason, like intimidation), you could be committing a crime! The best bet is to leave it at home.
- Q. Former NY Knicks power forward has been charged with a felony. What impact could that have on his lawsuit?
- A: Possibly - this depends a lot on the type of lawsuit, as well as the ultimate disposition of the criminal case. If he’s acquitted, it will have little impact on a civil case. Feel free to reach out directly if you have further questions. Thanks!
- Q. I am facing a dwi in ny. Montgomery county. I was in the process of moving to georgia. Will i be extradited back to ny
- A: You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner rather than later.
- Q. Dui in NY state . already plead guilty .Is there anything we can do to lessen the charge to prevent a criminal records
- A: Unfortunately once you plead guilty there are few avenues to withdraw the plea. You should speak to your attorney about the specifics of your case.
- Q. If you challenge a DUI will the arresting officer testify in your case?
- A: If your case goes to hearings or trial the arresting officer will almost certainly testify. I hope this helps. Good luck
- Q. I had a dui in around 2000 and i have never had license,i finally payed my fines and got my license in 2017,will that
- A: Short answer: Yes. All DWI's will show up on a record, but there is a difference between the record you can pick up for a few bucks at the DMV or online, versus a "lifetime record" that DMV, and even many police departments, will look at.
- Q. My friend is charged with 220.16FB 3rd, bail$150000, can his lawyer request to lower the bail?
- A: Absolutely. The only issue would be if the lawyer and prosecutor agreed on the bail amount to recommend, but even then the defense lawyer should be able to make an application to the court to lower it based on the factors set out in CPL 510.30.
