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New York City Criminal Defense Blog

If New York legalizes marijuana, wil prior convictions disappear?

As more states throughout the country pass legislation to legalize recreational marijuana, it seems like a foregone conclusion to many people that New York will likely pass similar legislation in the next few years, if not sooner.

On its face, for a number of reasons, this is a strong win for criminal defense advocates. Most prominently, the sheer number of arrests generated from possession of the drug is staggering, resulting in many defendants receiving harsh penalties. Others accept unfair plea bargains that may affect their rights and privileges for many years to come.

Crossing the line into white-collar crime

The love of money, they say, is the root of all evil, and many a convicted white-collar criminal just might admit it was love of the green stuff that got them into trouble. New York businessmen and businesswomen have access to some of the most lucrative financial resources in the world, so why not take a look at some of the lines they may easily cross into fuzzy fiscal dealings?

Cornell Law School's Legal Information Institute sheds light on activities that fall into unlawful territory. Some are credit card fraud, using an account with the intent to evade paying the bill; tax evasion, attempting to find a way out of writing a check for taxes owed; antitrust violations, seeking to suffocate the competition and create a monopoly; and kickbacks, receiving inappropriate benefits from clients or competitors. Embezzlement, telemarketing scams, insider trading and other actions also fall into this category.

Can you refuse to cooperate with a prosecutor?

Recently, a man named Sam Nunberg, involved with the F.B.I.'s the investigation into potential Russian meddling in the 2016 presidential election, made appearances on several news programs and other new outlets, making a variety of alarming claims. Among them, he claimed that he simply would not cooperate with the investigation and verbally dared the Robert Mueller, the lead prosecutor, to arrest him if and when he does not comply with a subpoena.

From a legal standpoint, this course of action is beyond inadvisable, but may serve as a useful demonstration of just about the worst way one could respond to potential criminal charges. If you or someone you know is involved in an investigation about a crime, it is important to understand how your behavior after the the fact may help or hurt your chances of beating the charges.

Sex offender designations and registrations

People in New York who have been accused of sex crimes will want to understand the potential penalties associated with their offenses if they are ultimated convicted of the crimes. Registration as a sex offender may allow the public to view information about them. However, according to the New York State Sex Offender Registry, only zip code locations are provided for some people based upon their court-appointed risk levels

The New York State Division of Criminal Justice Services explains that there are a total of six different categories into which a person convicted of a sex crime might be placed. These include levels of believed risk for reoffending from 1on the low end to 3on the high end. In addition, a person might be identified in one of three categories as a predicate sex offender, a sexual predator or a sexually violent predator. A defendant does have the right to petition the court for a change in their risk level.

What penalties will you face if convicted for a DUI?

New York City is a bustling place, with drivers packed onto every road and pedestrians on every street. For that reason, the law is tough on people who are convicted of driving while under the influence. DUI charges in New York come with some pretty hefty penalties.

The New York State Department of Motor Vehicles clearly lists out all penalties for any alcohol-related driving violations. If you're being charged with a DUI for the first time, you could face up to a year in jail and a maximum of $1,000 in fines. You can have your license revoked for six months. A second conviction will get you up to 4 years in jail, up to $5,000 in fines, and an entire year of license revocation. A third conviction and upward will get you up to 7 years in jail, a maximum of $10,000 in fines, and one year of license revocation.

Heroin charges in New York must be addressed responsibly

New York City has a big problem with heroin, which is a sad situation because this drug has such a negative impact on the addicts and their loved ones. Mayor Bill de Blasio has upped the city's response to the problem by boosting the Healing NYC program.

This program is attributed to the decline in overdose deaths that occurred from 2016 to 2017. The number of deaths rose sharply from 937 in 2015 to 1,374 in 2016 before dropping to 924 in 2017. This is a wake-up call for anyone who is addicted to the drug. Another wake-up call is the criminal case that can come with heroin usage.

Couple enter guilty pleas, sentencing expected

When people in New York are accused of crimes, it is important for them to know that there is a criminal justice system that allows them to defend themselves against the charges. This process may end up providing them the opportunity to be acquitted of charges. It may also allow them to be found guilty of charges that are less severe than those they originally faced. There are multiple scenarios that may play out through a defense including through a potential appeal.

One couple in New York is today expecting to be sentenced after entering guilty pleas to a few different charges related in part to an alleged Medicare fraud scheme. It is reported that over at least a period of five years, the couple took in tenants in low-income non-regulated housing and required them to seek drug treatment from specific providers. These providers in turn paid the couple for the referrals.

Drunk driving tests not always accurate

If you are one of the people in New York who has been arrested and charged with suspected drunk driving, it is important for you to understand the different tests used during your arrest process. Some people might think that the roadside tests administered before a person is arrested are used to prove that a driver is drunk. In fact, indicates that not only is this not possible, it is not the purpose of these tests.

The eye test, the one-leg stand test and the walk and turn test are all used by law enforcement officers to provide sufficient evidence for them to suggest that the driver might potentially be intoxicated. The possibility of impairment as determined by these test is then used to allow the officers to place the person under arrest. These tests, however, are not completely accurate in all instances.

What are the legal consequences for stealing packages?

"Porch pirating" is a crime New York City frequently faces, especially during the holiday seasons. In porch pirating cases, packages are stolen from mailboxes or people's porches. Many of those who partake in this theft don't realize just how much trouble they could be in if they're caught.

FindLaw shows that it's actually a federal crime to steal mail, making it a felony. You may think this just applies to letters or the things left in mailboxes, but it actually extends to anything that comes through the mail. This means letters, but it also means any packages deposited on front porches.

When must police read you your Miranda rights?

Miranda rights form an important protection for suspects of all kinds in the American justice system. The law requires police to read a suspect his or her Miranda rights when an interaction crosses two important thresholds, but an officer may still collect statements that may later incriminate a person who does not realize his or her statements already qualify as evidence.

Courts generally do not allow prosecution to present evidence an officer illegally coerces out of a suspect, but if a suspect does not understand his or her rights, courts may not realize the evidence is unfair.

visa, mastercard, American Express, discover.