Current Misdemeanor DWI to Become Felony if Child in Vehicle

March 16, 2015,

Leandra’s Law a Reality: Current Misdemeanor DWI to Become Felony if Child in Vehicle

There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law.

Under the New York Penal Law, operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. (Leandra's Law) 3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

The primary difference between the charge of DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) is that DWI is a criminal misdemeanor and while DWAI is a criminal traffic infraction. The DWI has substantially higher fines and costs associated with it as well. If your blood alcohol level, your BAC, was greater than .05 and less than .08, you can be charged with DWAI. If your BAC is .08 or greater, you can be charged with DWI per se. You can still be charged with common law DWI without any BAC level, as in the refusal case.


To Be cont...

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New York Penal Law 230.04...cont

March 16, 2015,

Promoting prostitution is actually more serious than prostitution itself, in that regular Prostitution is a B misdemeanor (punishable by up to 90 days in jail), whereas Promoting Prostitution is an A misdemeanor (punishable by up to 1 year in jail). The charges pertaining to promoting criminal prostitution can be felonies depending on whether certain aggravating factors are present. For example, Promoting Prostitution in the Third Degree (Penal Law 230.20, a Class D felony) involves two or more prostitutes being promoted or a prostitute under the age of 19. Promoting Prostitution in the Second Degree (Penal Law 230.30, a Class C felony) applies where the prostitute is under 16 years of age or where coercive force or intimidation is used on the prostitute. Promoting Prostitution in the First Degree (Penal Law 230.32, a Class B felony), applies to situations in which the prostitute is less than 11 years old.

New York Penal Law Section 230.04 on Patronizing a prostitute in the third degree, states that: A person is guilty of patronizing a prostitute in the third degree when he or she patronizes a prostitute. Patronizing a prostitute in the third degree is a class A misdemeanor.

New York Penal Law Section 230.05 on Patronizing a prostitute in the second degree, states that: A person is guilty of patronizing a prostitute in the second degree when, being over eighteen years of age, he patronizes a prostitute and the person patronized is less than fourteen years of age. Patronizing a prostitute in the second degree is a class E felony.

New York Penal Law Section 230.06 on Patronizing a prostitute in the first degree, states that: A person is guilty of patronizing a prostitute in the first degree when he patronizes a prostitute and the person patronized is less than eleven years of age. Patronizing a prostitute in the first degree is a class D felony.

New York Penal Law Section 230.07 on Patronizing a prostitute; defense, states that: In any prosecution for patronizing a prostitute in the first or second degrees, it is a defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified.

New York Penal Law Section 230.10 on Prostitution and patronizing a prostitute; no defense, states that: In any prosecution for prostitution or patronizing a prostitute, the
sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that: 1. Such persons were of the same sex; or 2. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a
female.

NYPD Lab Technician Suspended...cont

March 14, 2015,


Both Criminal Sale and Criminal Possession of a Controlled Substance in the Second Degree are class A-2 felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class A-2 drug felony is three years in prison. The maximum period is 10 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is six years and the maximum is 14 years. If the person has previously been convicted of a "violent" felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is eight years and the maximum is 17 years.

According to the New York Post, Manhattan District Attorney, and his fellow chief prosecutors throughout New York City may have a problem on their hands. An NYPD civilian lab technician, has been suspended by the NYPD from her job testing drugs and narcotics recovered by the police. Technicians such as the civilian lab technician are relied on by prosecutors from all of the New York City offices in pursuing criminal charges against those who possess or sell drugs and other controlled substances. Only time will tell whether the investigation reveals that she did no wrong, was sloppy or perpetrated an intentional fraud. Having said that, one thing is certain. Right now, if the New York Post story is accurate, there could be numerous people charged with possessing or selling drugs in New York who should be contacting their criminal defense attorneys to ascertain whether or not she tested the alleged controlled substances in their criminal cases.

Controlled substance cases are often handled by specialized officers. In New York City, the NYPD has its own Narcotics Division. Many District Attorney Offices have specialized units with prosecutors who exclusively handle controlled substance cases. Controlled substance offenses have their own unique rules and punishments. A person charged with this type of crime is often treated differently from other offenders, and may benefit from more lenient sentences, particularly if the accused has a drug addiction.

NYPD Lab Technician Suspended

March 13, 2015,

NY Post: NYPD Lab Technician Suspended for Potential Improper Testing of Drugs in NY Criminal Cases

Under New York law, the substances that are "controlled" are listed in New York Public Health Law Article 33. So if a substance is on that list, it is a "controlled substance." All of the drugs that are commonly known as being illegal, like heroin, cocaine, LSD, etc, are on this list. Public Health Law 33 also delineates that some "controlled substances" are considered "narcotics." To put it very basically, under New York law, a "narcotic" is defined as either cocaine or heroin or a chemical derivative of either. Whether a controlled substance is classified as a narcotic is significant because the particular sanctions can be greater for possessing or selling a narcotic in certain contexts. For example, if a person sells LSD to someone else, he is guilty of Criminal Sale of a Controlled Substance in the Fifth Degree, whereas if he sells heroin to someone else, he is guilty of Criminal Sale of a Controlled Substance in Third Degree. The maximum period of incarceration for a first-arrest LSD sale is 30 months in prison. However, the maximum period of incarceration for a first-arrest heroin sale is nine years in prison. When it comes to simple possession, the legal significance is the same. Both narcotics and controlled substances are class A misdemeanors punishable by up to one year in jail.

Both Criminal Sale and Criminal Possession of a Controlled Substance in the First Degree are class A-1 felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class A-1 drug felony is eight years in prison. The maximum period is 20 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 12 years and the maximum is 24 years. If the person has previously been convicted of a "violent" felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 15 years and the maximum is 30 years. Accusations of Criminal Sale or Possession of a Controlled Substance in the First Degree are among the most serious in the New York Penal Code.

To Be Cont...

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Criminal Possession of a Weapon in the Second Degree

March 12, 2015,

NY Criminal Defense and New York Penal Law 265.03 – Criminal Possession of a Weapon in the Second Degree

Criminal Possession of a Weapon in the Second Degree, pursuant to New York Penal Law 265.03, is unquestionably one of the most serious criminal charges that an individual can face in NYC or anywhere in New York. That is right. Even if you have a permit in Colorado, Georgia or Alabama, if you possess than firearm in a hotel room in Manhattan or at JFK or LaGuardia Airports, the crime has still been committed if you do not have a permit in New York. The New York criminal defense attorneys have not only successfully represented clients charged with possessing loaded guns, but prosecuted individuals charged with this crime as Assistant District Attorneys under Robert Morgenthau. The following is a “primer” for those not familiar with this offense and the strict liability it seems to impose on the accused.

The Second Amendment of the U.S. Constitution states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Gun owners often cite the Second Amendment when arguing against gun restrictions. However, gun owners, dealers, and collectors must follow state and federal laws if they wish possess a firearm, or run a business selling guns. Read on to learn more about state and federal gun laws.

Possession of a weapon is heavily regulated in New York State. In particular, gun control provisions are very strict and became even stricter with the passage of the “New York Secure Ammunition and Firearms Enforcement Act” of 2013. Possession of many types of guns long guns are the main exception as well as various other weapons is a criminal offense, and most such offenses result in a mandatory prison term. Also, it is important to note that gun permits carried by visitors from other states are not recognized in New York State.

Many types of weapons are specified in the state statutes covering “criminal possession of a weapon.” In addition to pistols and revolvers possessed without a valid permit and various other sorts of guns (collectively referred to as “firearms”), the list includes dart guns, stun guns, switchblades, brass knuckles, blackjacks, slingshots, and cane (concealed) swords. Also, it is not only New York State residents who are subject to restrictions with respect to these items: visitors from other states are potentially subject to criminal prosecution if they carry these items into this state.

A person is guilty of Criminal Possession of a Weapon in the Second Degree (NY PL 265.03) when: (1) with the intent or purpose to use the firearm (handgun, pistol, revolver, etc.) you possess a (a) machine gun, (b) loaded firearm (loaded has a much more liberal legal definition than bullets physically in a gun) or (c) a disguised gun; or (2) you possess more than five firearms (it can be different types such as revolver, pistol, etc.) (3) you possess a firearm that is loaded (intent to use unlawfully not required!!). Generally, there is no felony if the possession is in your home or place of business. New York Criminal Possession of a Weapon in the Second Degree is a C violent felony punishable by a minimum of three and on half years and up to fifteen years in state prison.

Make no mistake, a conviction for this offense will land you behind bars for at least a few years to well over a decade. While intent to use the firearm unlawfully is an element of NY PL 265.03(1), it is not an element or requirement under NY PL 265,03(3). In other word just having the loaded firearm (the law does not actually require the bullets to be in the chamber/cartridge/cylinder) without a permit outside your home or place of business without the slightest malicious intent is punishable by at least three and one half years.

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Brooklyn DA Busts 32 Alleged Welfare Fraud Cheats

March 12, 2015,

Brooklyn DA Busts 32 Alleged Welfare Fraud Cheats: Nearly $1 Million in Fraud Alleged
Fraud is a broad term that refers to a variety of offenses involving dishonesty or "fraudulent acts". In essence, fraud is the intentional deception of a person or entity by another made for monetary or personal gain.

Fraud offenses always include some sort of false statement, misrepresentation, or deceitful conduct. The main purpose of fraud is to gain something of value (usually money or property) by misleading or deceiving someone into thinking something which the fraud perpetrator knows to be false. While not every instance of dishonesty is fraud, knowing the warning signs may help stop someone from gaining any unfair advantage over your personal, financial, or business affairs.

According to the Brooklyn (Kings County) District Attorney’s Office, 32 people have been arrested and indicted in connection to individual incidents of Welfare Fraud amounting to nearly $1 million. Although not part of a ring, these individuals face varying felonies including Welfare Fraud in the Second Degree (NY PL 158.20) and Third Degree (158.15), Grand Larceny in the Second Degree (NY PL 155.40) and Third Degree (155.25) as well as multiple counts of Offering a False Instrument for Filing in the First Degree (NY PL 175.35). Whether or not they are first time offenders, the crimes range from “E,” “D,” and “C” felonies punishable by up to 4, 7 and 15 years respectively.

According to the Brooklyn District Attorney’s Office: “The largest theft is charged to defendant 37, who collected $460,000 in Medicaid benefits for herself and her two children, between 2004 and 2009. Defendant is charged with claiming to be a single mother on assistance applications, when in fact, her husband, with whom she lived, was employed as a technician at a Cadillac dealership – earning $70,000 in 2009 – and she worked at Brooks Brothers.”

“Another defendant, 35, is charged with collecting $63,000 in Medicaid benefits, over the course of six years, despite the fact that her husband, with whom she lives and owns property, owns a clothing wholesale manufacturing company – AV Denim – and a real estate business, MDK Leasing. At one point in 2007, her husband’s checking account had a balance of over $110,000, and on an automobile loan application – she owns a Bentley coupe and a Land Rover SUV – she claimed annual earnings of $500,000, according to the indictment.”
Laws against fraud vary from state to state, and can be criminal or civil in nature. Criminal fraud requires criminal intent on the part of the perpetrator, and is punishable by fines or imprisonment. Civil fraud, on the other hand, applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place.

While the exact wording of fraud charges varies among state and federal laws. the essential elements needed to prove a fraud claim in general include: (1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance. Most states require that each element be proven with "particularity" -- meaning that each and every element must be separately proven for a fraud charge to stand.
Insurance fraud refers to any duplicitous act performed with the intent to obtain an improper payment from an insurer. Insurance fraud is committed by individuals from all walks of life. Law enforcement officials have prosecuted doctors, lawyers, chiropractors, car salesmen, insurance agents and people in positions of trust. Anyone who seeks to benefit from insurance through making inflated or false claims of loss or injury can be prosecuted.

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Understand the Factors Impacting Your BAC...cont

March 11, 2015,

Another consequence of a DWI conviction is the effect on your automobile insurance. Automobile insurance, as you probably know is required by law, but insurance companies are in business to make money, and the rate you pay for car insurance is based on risk, risk that you will be involved in accidents which cause property damage or personal injuries. A DWI conviction means that you will be considered a high risk and your insurance premiums will be higher as a result.

The tool linked on our DWI / DUI web page, should not be used as a means to guide you as you are drinking to ascertain whether you are “ok” to drive. There are too many factors that need to be taken into consideration and in no way will this calculator give you an exact determination of your BAC. Under no circumstance should it be relied on for that purpose. Instead, the calculator is a means to get a general understanding of the relationship between your weight, type of alcohol, amount of alcohol and time of consumption on your BAC.

After a person is convicted or pleads guilty to a DUI (or DWI) offense, the appropriate legal punishment is determined at the sentencing phase. A number of different kinds of penalties may be imposed on a person convicted of DUI, including:

• Incarceration in Jail (shorter-term) - First-time offenders in many states may get shorter stints in jail, but it should be noted that a number states punish first time offenders harshly and many of the other penalties listed here may still apply.
• Incarceration in Prison (longer-term) - Repeat DUI offenders, those convicted of aggravated DUI, and DUI offenders who have caused injury or death to another may be faced with much stiffer prison sentences.
• Suspension or revocation of driver's license - Many states suspend a drunk driver's license, even on their first DUI offense. The duration of a license suspension or revocation varies widely by jurisdiction, as well as by the nature of the offense.
• Use of vehicle ignition interlock devices (IIDs) - In many states, drunk driving laws permit or require the use of these devices (which lock a car's ignition until a sober breath sample is provided) following a DUI offense.
• Vehicle Impoundment - Laws in some states allow or require the impoundment of vehicles in cases involving repeat DUI offenders.
• Drug/alcohol education and/or rehabilitation - Many states require, or allow for, the completion of drug and/or alcohol education programs or coursework before a DUI offender's driving privileges can be restored.
• Community service - A sentencing judge may impose a wide range of community service on DUI offenders.
• Probation - An alternative to prison, this is a set period of time where the defendant has certain restrictions and requirements, such as community service and a restricted license.
• SCRAM Bracelets - Some jurisdictions allow for the use of these alcohol monitoring ankle bracelets as a penalty or as a condition of probation.
• Suspended sentences - These sentences take effect if conditions of probation are violated.

Understand the Factors Impacting Your BAC

March 10, 2015,


New Driving While Intoxicated (DWI / DUI) Blood / Breath Alcohol Content (BAC) Calculator: Understand the Factors Impacting Your BAC Before You Need a Criminal Lawyer

There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law.

If you submitted to a chemical test of your blood (the most common method being a breath test) and "scored" .08 BAC or more, your license shall be suspended at arraignment. This is called a Suspension pending Prosecution (NY VTL §1193[2](e)(7)).

If you had a valid driver's license prior to the suspension pending prosecution and did not have a prior conviction for Driving While Intoxicated or Impaired, or complete the Drinking Driver Program within the proceeding five (5) years, you may be eligible for a conditional license after the expiration of 30 days. The conditional license will be issued by the Department of Motor Vehicles.

What happens when you are charged with DWI and how is the seriousness of the offense determined? There are two primary factors that determine how serious a specific DWI charge is:

A. Your Blood Alcohol Level (BAC)
B. The number of prior DWI offenses that you have been convicted of.

The two ways in which your BAC can be measured (by driving on the highways or roads of New Jersey you have automatically consented and have no right to refuse (legally) having your BAC measured. It can be measured through a Breathalyzer (which is the most common method) or through a blood draw. The Breathalyzer measures the level of alcohol that is the actual percentage of alcohol in your blood stream and is made at the time of your arrest. Any reading under 0.8% is technically legal.

While you shouldn’t need a NY criminal defense attorney to tell you it is a bad idea to get behind the wheel of a vehicle in New York State (or any state for that matter) after having consumed alcohol, we have provided our readers with a tool that can assist them in understanding how much alcohol one must consume before one is legally intoxicated. In New York, that legal level to sustain a conviction for Driving While Intoxicated (DWI /DUI) is .08. However, even if one’s BAC is not recorded, courts can still find one guilty under the “Common Law” DWI / DUI statute that is satisfied through observations of drunkenness on the part of a police officer.

To Be Cont...

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Sentencing for a Grand Larceny

March 9, 2015,

Sentencing for a Grand Larceny, as with most theft-related crimes, depends largely on the amount of money alleged to have been stolen by a defendant. New York Grand Larceny Charges are brought as felony criminal charges and are used to prosecute any theft over $1,000. Petit Larceny, theft under $1,000, is prosecuted as a misdemeanor offense.

The law does not outline specific sentences for the various classifications of grand larceny; rather, judges are given discretion within the limitations outlined by the statute. There are a variety of factors which will likely weigh in on a grand larceny sentencing decision; some of these such factors are:

• Prior criminal record
• Ability to pay restitution
• Family and community ties

No matter the degree, grand larceny is a serious charge that carries with it the potential for significant consequences. If you are facing grand larceny charges, Contact the larceny defense team at The Blanch Law Firm today. Your first one-hour consultation is complimentary.

The laws governing larceny will usually contain sentencing options, either a list of possible sentences or a range of years, as well as fines or other alternative sentences. Judges can determine the appropriate sentence by examining the facts of the case and choosing the best penalty that falls within the bounds of the statute.

In a larceny case, the type of larceny will also greatly influence the severity of the sentence. Grand larcenies carry much longer sentences than do petit (or "petty") larcenies. Some states also impose different sentences based on the type of item that the defendant stole.

The Manhattan District Attorney’s Office has announced the arrest and indictment of defendant, a University administrator for an alleged ongoing theft in the neighborhood of $400,000. According to the Manhattan District Attorney’s Office, defendant was indicted by a Grand Jury for the crimes of Grand Larceny in the Second Degree, a class C felony and six counts of Falsifying Business Records in the First Degree, a class E felony. If convicted, defendant faces up to 5 to 15 years and up to 1 to 4 years in state prison on the respective charges.

As administrator for the University’s chemistry department, defendant oversaw and managed the budget and handled the financial matters for that department. In this capacity, prosecutors alleged that defendant “caused thousands of fraudulent requests for petty cash reimbursement to be submitted to the university’s Office. Defendant scavenged discarded cash register receipts from a local liquor store, attached them to reimbursement request forms, and falsely claimed that the expenses were for chemistry department supply purchases and other functions. None of those receipts reflected legitimate business expenses. Carrying on his scheme for over five years, defendant fraudulently submitted over 13,000 receipts from the liquor store and stole $409,000.

It appears from the above press release that the Manhattan District Attorney’s Office has a significant portion 13,000 receipts that they allege are false (although, the indictment only reflects six charges of Falsifying Business Records). What is noteworthy is that for a conviction of the felony “version” of Falsifying Business Records, the prosecution does not need to necessarily prove that a defendant made a false entry in the business records of an enterprise, here NYU, but that he or she caused a false entry to be made. To prove the Grand Larceny charge, the more serious offense, prosecutors must establish that he took property without permission, here the money, in excess of $50,000.

Without knowing all the facts, certain questions that may arise include whether or not defendant made the initial request for the reimbursements. Are there records reflecting what, if anything, defendant did with the monies after he received it? Moreover, did the District Attorney’s Office subpoena his bank records and do they reflect significant balance increases or, in the alternative, a build-up of funds and limited withdrawals? The above questions are relatively superficial, but ones that are at least a starting point for defendant, or any individual accused of such a crime, to address with his attorney as they implement their defense.

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Manhattan Medicaid & Welfare Fraud...cont

March 8, 2015,

The pervasiveness of insurance fraud drives up costs for all consumers and costs the insurance industry billions of dollars each year. One authority estimates that the annual value of insurance fraud approaches $80 billion. Detecting insurance fraud is difficult because of the surreptitious nature by which the criminal perpetrates the fraud.

Depending on the specific issues involved, an alleged wrongful act may be handled as an administrative action or law enforcement may handle it as a criminal matter.

Generally, securities fraud occurs when someone makes a false statement about a company or the value of its stock, and others makes financial decisions based on the false information. Although the crime itself isn’t complicated, securities fraud can be particularly difficult to grasp if you lack an understanding of securities regulation. Below, you’ll find information on common forms of securities fraud and how to protect your assets.

If there is any easy way to make a buck off the health care system, someone is going to make a go for it even if their final prescription calls for an enormous dose of law enforcement. The Manhattan District Attorney’s Office just announced the arrest and indictment of 19 individuals for fraudulently obtaining medicaid benefits in the amount of $350,000. These individuals are charged with Welfare Fraud, Grand Larceny and Offering a False Instrument for Filing. 11 of the defendants allegedly misrepresented on paperwork that they were New Yorkers residing in Manhattan while 8 of the defendants allegedly misrepresented their income and financial resources. Without these misrepresentations, the defendants would not have been entitled to Medicaid.

Although the charges and degrees vary for each defendant, Grand Larceny in the Second Degree and Welfare Fraud in the Second Degree is a class C felony punishable by up to 5 to 15 years in state prison, Grand Larceny in the Third Degree and Welfare Fraud in the Third Degree is a class D felony punishable by up to 2 and 1/3 to 7 years in prison and Offering a False Instrument for Filing in the First Degree is a class E felony punishable by up to 1 and 1/3 to 4 years in state prison.

What happens to each of these defendants remains to be seen. Can they pay back what they allegedly stole? Was there a time where at least part of their claims were legitimate? Did they fill out all the paperwork or did someone do it for them? As I have said time and time again, these defendants need to identify their defense and implement it immediately.

Penalties for fraud offenses may include criminal penalties, civil penalties, or both. Most criminal fraud offenses are considered felony crimes and are punishable by jail, fines, probation, or all of the above. Civil penalties may include restitution (paying the person back) or payment of substantial fines (geared to punish the behavior). The penalties for your offense will depend on the nature, type, scope, and severity of the action and whether it was committed by an individual or an entity, such as a business, corporation or group.

Leandra’s Law Is Official

March 7, 2015,


Leandra’s Law Is Official: New York VTL 1192.2-a(b) / VTL 1192(2a)(b) Makes it a Felony to Drive Drunk (DWI / DUI) with a Child 15 Years Old or Younger

Leandra's Law was signed into law on November 18, 2009 in honor of Leandra Rosado. Leandra was an 11-year old killed while she rode in a vehicle with the intoxicated mother of one of her friends. In response to this tragedy, the NYS Legislature made several changes to the Vehicle and Traffic Law (VTL). The law strengthened the criminal penalties against motorists who drink and drive, and requires that any person sentenced for Driving While Intoxicated on or after August 15, 2010 must have an ignition interlock device installed on any vehicle they own or operate the driver will have an "ignition interlock" restriction added to their driver license

The law established a new Class E Felony. The law states that no person shall operate a motor vehicle under the influence of alcohol or drugs while a child who is 15 years of age or younger is a passenger in the vehicle.

A court must sentence a person convicted of either Aggravated DWI/Child in Vehicle or Aggravated DWI/Driving with a Blood Alcohol Content (BAC) of .18 or More to a period of probation or to a conditional discharge. The court must require the installation and use of an ignition interlock device in any motor vehicle owned or operated by a person convicted under this law. The ignition interlock device must remain in the vehicle for at least 12 months, unless otherwise permitted by the criminal court.

A court that sentences a person for a Driving While Intoxicated conviction on or after August 15, 2010 must impose a conditional discharge or probation, and a condition of the sentence must be the installation and use of an ignition interlock device in any motor vehicle the person owns or operates. The ignition interlock device must remain in the vehicle for at least 12 months, unless otherwise permitted by the court.

Driving while intoxicated is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions the amount of alcohol you drink the amount of food you eat before or while you drink alcohol the length of time you drink alcohol your body weight your gender
There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.

More specifically, one can be charged with felony DWI / DUI pursuant to VTL 1192.2-a(b) / VTL 1192(2a)(b) when that person either has a BAC of .08 or greater, is intoxicated due to drug or alcohol ingestion or is “common law” DWI. Although often more difficult to prove due to the lack of scientific evidence, “common law” DWI refers to cases where an individual does not give a reading or sample of breath, urine or blood, but the police articulate the individual’s intoxication due to certain characteristics such as unsteadiness on one’s feet, slurred speech, the smell of alcohol, and watery-blood shot eyes, etc.

Leandra’s Law allows for a sentence of up to 1 and 1/3 to 4 years in state prison as well as fines ranging between $1,000 to $5,000. Other potential sentences include probation, community service, a drunk driving program and obviously restitution in the event damage is done to another’s property.

Before Leandra’s Law was available to the prosecution, prosecutors often charged individuals who drove drunk with children in their car with misdemeanor DWI along with misdemeanor Endangering the Welfare of a Child and either felony or misdemeanor Reckless Endangerment if applicable. Endangering the Welfare of a Child as well as misdemeanor Reckless Endangerment is punishable by up to one year in jail while felony Reckless Endangerment is punishable by up to 2 and 1/3 to 7 years in prison. It is important to note that these crimes can still be charged along with VTL 1192.2-a(b) / VTL 1192(2a)(b).

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DA Announces Bust of East End Heroin Ring

March 7, 2015,

No Pre-Summer Party in the Hamptons: DA Announces Bust of East End Heroin Ring

Drug dealing or drug sales charges are criminal charges for the sale or attempted sale of any type of illegal controlled substance, such as marijuana, cocaine, heroin, or meth. State laws sometimes refer to drug selling as "possession with the intent to distribute." Drug dealing or selling is more limited than drug trafficking, which includes any part in the chain of the making, transporting, and selling of drugs.

Generally, the penalties for drug dealing are determined by the type of drug sold, the amount of the drug that was sold, and the number of prior offenses of the defendant, if any. In some cases, even if a person didn’t intend to sell drugs, they will be presumed to be selling if they have over a certain amount of the drug in their possession.

The United States has the world's biggest prison population because of its draconian drugs laws. While there is a movement to reform the harsh penalties associated with the country's narcotic laws, police and prosecutors throughout the country are as aggressive as ever in enforcing them. New York is no different. New York's drug laws are not only harsh, but they are difficult to understand. If a person finds himself accused of a drug crime in the courts of New York, the decision of whom the person chooses to represent him is probably the most important one he will make. The wrong lawyer can lead to a lengthy prison sentence, deportation, or loss of potential income.

To the likely chagrin of the hard partying summer crowd, Suffolk County District Attorney is already cracking down on the “fun” before the season has even started. District Attorney has announced that twenty people have been arrested in a heroin ring in and around the East End of Suffolk County. It is alleged that as much as 2500 bags of heroin with a street value of $40,000 were being sold each week since the investigation began in October. Reports indicate that the bust was one of or the largest heroin drug rings ever taken down in the area. It is alleged that the crew made over two million dollars a year peddling heroin with names including “google,” “black ice,” “quicksand” and “privilege.”

Under New York law, the substances that are "controlled" are listed in New York Public Health Law Article 33. So if a substance is on that list, it is a "controlled substance." All of the drugs that are commonly known as being illegal, like heroin, cocaine, LSD, etc, are on this list. Public Health Law 33 also delineates that some "controlled substances" are considered "narcotics." To put it very basically, under New York law, a "narcotic" is defined as either cocaine or heroin or a chemical derivative of either. Whether a controlled substance is classified as a narcotic is significant because the particular sanctions can be greater for possessing or selling a narcotic in certain contexts. For example, if a person sells LSD to someone else, he is guilty of Criminal Sale of a Controlled Substance in the Fifth Degree, whereas if he sells heroin to someone else, he is guilty of Criminal Sale of a Controlled Substance in Third Degree. The maximum period of incarceration for a first-arrest LSD sale is 30 months in prison. However, the maximum period of incarceration for a first-arrest heroin sale is nine years in prison. When it comes to simple possession, the legal significance is the same. Both narcotics and controlled substances are class A misdemeanors punishable by up to one year in jail.

According to law enforcement and local reports, 40 bags of heroin, 5.6 ounces of crack cocaine and more than $70,000 in cash was recovered from the home of the defendant t when police executed a search warrant. Compounding matters, it is alleged at the time of the execution, defendant was displaying his best. However, instead of cooking a delectable treat, it is alleged that he was cooking cocaine.

In addition to the narcotics, it is alleged that defendant’s home was littered with money. Whether defendant had time to make it to the bank is unknown as police allegedly recovered $73,000 in numerous places including a pair of pants that he was not wearing. The police also found $90,000 in defendant’s safe. Completing the trifecta, it is alleged that counterfeit money was recovered from a purse. It is alleged that a total of $173,000 in cash as well as 4000 bags of heroin were recovered throughout the day’s arrests.

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