WE ARE OPEN AND HERE TO HELP: The Courts Are Presently Closed Except for Emergency Situations and New Arrests. As Always, We’re Here for All Criminal Cases, DWI, Suspended License, Revoked License, Traffic Violations, and Domestic Violence Cases. We Also Do Family Court Criminal Cases; I've Successfully Argued in Nassau County to Have Numerous Felonies Transferred to the Family Courts. We’re Available for Phone Consultations and FaceTime Meetings as Well!

DWI And The Holidays

The leaves are falling and the holidays are approaching, so New York drivers can expect the enforcement of DWI laws to become more aggressive, as it always does this time of year. If you are charged with DUI in Queens or in any of the five boroughs over the holiday season, don’t expect the courts to be filled with the holiday spirit. They won’t be. Expect no leniency. You’re going to need legal help just like any other time of the year. After a DWI arrest, immediately arrange to consult with an experienced Long Island DWI attorney who can fight aggressively to protect your rights and interests.

Here’s what you must know about DUI in New York this season:

  • Understand that a designated driver is someone you are trusting with your life. Make sure it’s the right person. Limos, taxis, and buses are available all over Queens, and many operate 24/7/365. Also check out the ride-sharing services and apps such as Uber and Lyft.
  • Bicycling might not be a good alternative. Bicycling while intoxicated is not specifically against the law in New York, but it’s never a good idea, it’s dangerous, and you could still be arrested for public intoxication or public endangerment.

A driving while intoxicated charge is not an automatic DWI conviction, but you will require the counsel of an experienced DUI lawyer who will challenge the state’s case against you and fight vigorously for justice on your behalf. During the holiday season and every season, if you are arrested and charged for driving while intoxicated in Queens or anywhere in the New York City area, act promptly. Make the call at once to speak with an experienced criminal defense attorney.

Regardless of how well or poorly you may be driving, it is against the law to drive with a blood alcohol content (BAC) level above 0.08 percent. Don’t think that if you have only one drink every hour, you can legally drive. You can’t. Frankly, you probably shouldn’t drive until the next day after anything more than a 12-ounce beer or 6-ounce glass of wine. Even one beer or one glass of wine can put you over the limit if you weigh a hundred pounds or less. Of course, the wisest approach is no drinking whatsoever if you’re going to drive, and calling a cab or having a designated driver if you’re going to drink.

If you are charged with DUI anywhere in the state of New York, it’s imperative to speak with an experienced DWI attorney as quickly as you can. Your attorney may dispute the arresting officer’s testimony, the DWI test results, or the legality of your traffic stop and arrest. Being charged with DUI doesn’t mean that you’ll be convicted and sentenced, but it does mean that you need to retain the advice and services of an experienced DUI defense attorney. If you face a DWI charge in the state of New York over the holidays or in the new year, speak at once with an experienced Queens DWI lawyer.

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Challenge That Ticket!

Adhering to the speed limit reduces your risk of being involved in a traffic accident, and in the state of New York, it can also help you to avoid considerable legal trouble. If you are cited for speeding in Mineola, Nassau County, Suffolk County, or anywhere in New York City, fight the ticket and the charge with the counsel of an experienced Long Island traffic ticket attorney. In New York, you can actually do a few days in jail for a speeding conviction, and if you receive subsequent speeding citations, your driver’s license could be suspended.

Don’t just pay a speeding fine without fighting the charge. Paying the ticket without fighting the charge is an admission of guilt that puts points on your driver’s license and increases your insurance rates. A speeding conviction can even disqualify you for some types of employment.

The laws against speeding are enforced every day by every local police agency in the state. Obviously, not everyone who’s speeding is stopped and cited, but if you drive more than ten miles per hour over the speed limit, a ticket is a genuine probability. The penalties for a speeding conviction in New York are:

  • up to 30 days in jail and a $360-to-$600 fine for driving more than 30 mph over the limit
  • up to 30 days and a $180-to-$300 fine for driving 10 to 30 mph over the limit
  • up to 15 days and a $90-to-$150 fine for driving up to 10 mph over the limit
  • up to 15 days and a $45-to-$150 fine for “excessive and inappropriate” speed

But there’s more to speeding ticket penalties than just a fine. Drivers also earn points on their driving record with every traffic offense.

New York Points System

In New York, the driving game is a lot like golf – the guy with the highest score walks away a loser.  In New York, “walks away” is right, because the guy with the highest score usually loses driving privileges.  The New York Department of Motor Vehicles is the state agency responsible for keeping track of driving points.  When a New York driver is cited for a point worthy offense, a copy of the ticket is forwarded to the New York DMV and annotated.

In order to help keep the streets safe from unsafe drivers, the state of New York, like many other states, uses a point system to track unsafe driving behavior.  When a person is given a ticket or convicted of a more serious vehicle related offense, points are attached to that person’s driving record.  The more points that are accumulated in a certain amount of time, the New York DMV can suspend (a temporary sanction) or revoke (a permanent sanction) a driver’s license.  For example, attaining 11 points within 18 months will trigger a suspension or revocation.  Whether or not the license is suspended or revoked will depend on the severity of the offenses.

Speeding one to 10 miles over the speed limit will get three points, 11 to 20 miles over is four points, 21 to 30 over is six points, 31 to 40 over is eight points, over 40 is 11 points.

With all that a person may stand to lose without the ability to drive, responding to allegations of repeated speeding violations is a delicate process.  Maybe a driver just paid a ticket out of frustration, not wanting to fight the ticket in court, even though there was a valid reason or defense for the speeding.  Now, the lack of effort to fight past violations has caught up with the driver, and the DMV has implemented a suspension or revocation.  As one could imagine, this can throw a person’s entire life for a loop.

How to Avoid Speeding Tickets

It’s a scientific fact. More speeding tickets are handed out in the summer than in the winter. In fact, speeding tickets peak every July and hit their low every December. There’s even a Google graph to prove it, but if you think about it, it makes perfect sense. With the kids out of school, great weather, and infinite opportunities for recreation and fun, summer creates the perfect environment for enjoying those long drives and maybe pressing the pedal a bit too far. If you receive a speeding ticket on Long Island or anywhere in the New York City area, don’t just pay the fine. It goes on your driving record, becomes a “prior offense,” and it can boost your insurance costs. Instead, challenge a speeding ticket with help from an experienced Long Island criminal defense attorney.

Of course, the best strategy this summer is to avoid getting a speeding ticket altogether. Before you roll out on the road this season, consider some ways to avoid getting stopped:

  • Watch out for cameras. You can get caught speeding by a camera without any police activity whatsoever. Camera systems can record your speed, snap a photo of your license plate, and have a speeding ticket mailed to you.
  • Watch out for typical speed traps. Police tend to set up traps where speeders can’t see them until it’s too late: behind signs, around curves, and at the bottom of hills and off-ramps.
  • Don’t attract attention. Avoid arousing suspicion by swerving wildly, flashing your lights, revving your engine, changing lanes too much, or even playing music too loud.

A number of electronic devices are also available ranging from radar detectors to police scanner apps. Some are legal in some jurisdictions, but if you’re going to invest in such a device, make sure you fully understand the law governing its use wherever you use it.

The only certain way to avoid a speeding ticket is simple – don’t speed. Speeding laws aren’t always strictly enforced, but anything over the limit gives police the right to stop and ticket you.

If you do receive a speeding ticket, now or in the future, get legal help right away from an experienced Long Island speeding ticket attorney.

Long Island and New York City drivers should never simply plead guilty and pay the fine. Always fight a speeding ticket. On Long Island and in New York City, if you are cited for speeding or for any traffic violation, obtain the legal help you need and speak at once to an experienced Long Island traffic ticket attorney.

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Probable Cause And DWI Checkpoints

Although the courts in twelve states do not allow police agencies to conduct sobriety checkpoints, sobriety checkpoints are legal here in New York. The police officers at sobriety checkpoints conduct “random” traffic stops to determine if drivers are too intoxicated to drive. If you are stopped by police officers at a New York DWI checkpoint, and if you are then arrested and charged with driving while intoxicated, you are in grave legal trouble. You’ll need to retain as quickly as possible the advice and services of an experienced Long Island DWI attorney.

Since the police need “probable cause” to stop you, how can DWI checkpoints be legal? The U.S. Supreme Court has for all practical purposes created a loophole and made an exception for sobriety checkpoints, reasoning that the state’s obligation to protect the public outweighs the imposition upon drivers and the limited violation of their privacy rights. Still, the police must follow strict guidelines while conducting a sobriety checkpoint. The times and locations of checkpoints must be made available to the public in advance, and signs must be posted informing drivers that they are approaching a DWI checkpoint. Weekends and holidays are typically when the police conduct sobriety checkpoint operations.

In New York, a conviction for driving while intoxicated can lead to some harsh penalties that follow you for the rest of your life, and if you’re charged with DWI, you’ll need to contact an experienced Long Island criminal defense attorney immediately. In New York, the legal blood alcohol content level (BAC level) for drivers is 0.08 percent. Plenty of New Yorkers can drive safely at that exceptionally low level of intoxication, but some drivers can’t. If you are able to drive safely with a BAC level of 0.08 percent, it’s just too bad. Everyone has to comply with the same law. The laws are different in New Jersey, so it is best to advise a New Jersey DWI Attorney.

Even if you’ve had “just one” in New York and you’re under the legal limit for DWI, you could still be charged with DWAI (driving while ability impaired). DWAI is a traffic infraction rather than a misdemeanor or a felony, but if you’re charged and convicted, you could still face some very disagreeable consequences. You can be charged with DWAI if your BAC level measures between 0.05 percent and 0.07 percent and you are unable to operate a motor vehicle safely. A conviction for DWAI could send you to jail for 15 days and cost you up to $500.

If you are stopped and arrested for driving while intoxicated at a DWI checkpoint, politely exercise your right to remain silent, and then obtain legal help as quickly as you can. An experienced DWI lawyer can gather evidence and question witnesses while looking for the flaws and mistakes in the prosecutor’s case against you. Don’t wait to retain legal counsel. If you are charged with DWI in Mineola, Nassau County, Suffolk County, or anywhere in New York City, now or in the future, at a sobriety checkpoint or in any other situation, fight the charge and take your case immediately to an experienced Long Island DWI defense lawyer.

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What You Must Know When You Get Stopped By The Police

At some point in every driver’s life, they will likely be stopped by the police. The overwhelming majority of those stops are for genuinely minor reasons: reasons like failing to use your turn signal, a burnt-out brake light, or an expired license plate. However, if the police have any reason to suspect that you might be guilty of something more than a traffic infraction, that simple traffic stop can rapidly escalate into something much more serious. If you are suspected of a crime under these circumstances, it’s imperative to know and exercise your legal rights. And if you’re arrested for any reason after being pulled over by the police, contact our experienced Long Island criminal defense lawyers as quickly as possible.

When Can the Police Search You?

When are the police legally allowed to search your car? Police searches of automobiles are always a controversial legal issue. Driving is regulated by law and takes place in public, so a car has less legal protection from police searches than a home does. Constitutionally and legally, precisely where is the line? In most cases, police officers really don’t need the warrant to search your vehicle. If you are charged with a crime in New York City or near the area, after a search of your car, truck, or van, get immediate help and call a knowledgeable Long Island criminal defense attorney. 

Vehicle searches by the police are strictly governed. If the police stop you and believe that you are armed, you can be asked to step from the vehicle and you can be searched. The courts allow police officers to ensure their own safety. If illegal drugs or other contraband are discovered during this kind of a pat-down, the items can be confiscated, you can be charged, and your rights have not been violated.

Your vehicle itself can be searched if the police believe that they are in danger. If they have “reasonable cause” to believe that your vehicle contains evidence relating to a crime, they may also search your vehicle without a warrant. A “hunch” isn’t enough, but your answers to an officer’s questions could (plausibly) provide probable cause, so it’s wise to exercise your right to remain silent. Probable cause can also come from 911 calls, informants, or police observations of the vehicle. A decision by the U.S. Supreme Court now allows the police to stop anyone solely on the basis of an anonymous, unconfirmed tip.

The police also have the right to search impounded vehicles.

If you are arrested and then charged with a specific crime on the basis of a traffic stop and vehicle search, one possible defense is that the “reasonable cause” was not at all reasonable. You’ll need an attorney who routinely handles criminal cases involving traffic stops.

If you are asked to consent to a search of your vehicle, politely refuse. Always be as friendly and cooperative as possible with the police while vigilantly guarding and exercising your rights. If you give your permission, the results of the search will be admissible in court, even if there’s no initial probable cause for a search. Of course, if you are stopped for a routine traffic offense and an officer sees evidence (such as firearms, drugs, or open alcohol containers) in plain sight, you and your car can be legally, thoroughly searched on the spot.

If you are arrested on the basis of a vehicle search and seizure, discuss your case with an expert criminal defense lawyer so you can get sound legal advice. A good defense attorney can provide an aggressive defense and fight vigorously for justice on your behalf. If you are arrested in New York City or Long Island after a vehicle search and seizure, retain the counsel of a well-known Long Island criminal defense lawyer immediately.

Exercise Your Right to Remain Silent

The criminal justice system isn’t what you see on television. Not all cops are virtuous, not all lawyers are glamorous, and certainly, most suspects are neither evil nor insane. In fact, if you’ve been arrested for a crime in New York City or Long Island, you’re probably a very normal and regular person who has been either falsely accused, or else you just made a bad decision. Either way, the police can arrest you in New York if they have probable cause to believe that you are committing or have recently committed a crime, and they can also take you into custody with a properly executed arrest warrant. After you have been arrested, the police must read your Miranda rights to you if they plan to interrogate you. If you’re unsure, your Miranda rights must be stated as follows:

  • You have the right to remain silent.
  • Anything you say will be used against you in a court of law.
  • You have the right to consult with an attorney and to have that attorney present during questioning.
  • If you cannot afford an attorney, one will be appointed for you if you desire.

Most defense attorneys will strongly discourage you from answering questions. Be polite and courteous; however, just say “I choose to exercise my right to stay silent” or you could say “I rather not answer questions until my attorney is present.”

If you are being interrogated without being arrested first, the police don’t have to read your Miranda rights; however, you can still say you want to wait for an attorney.

Hire A Long Island Criminal Defense Attorney

Obviously, every case is different. When you’re pulled over by the police, be cooperative and friendly, but stay polite and persistent with your right to remain silent when being asked questions. If the police ask for permission to search your vehicle, politely decline. If you’re being charged with a crime in New York City or Long Island on the basis of evidence discovered during a traffic stop, discuss your case, your rights, and your options as quickly as possible with a knowledgeable Long Island criminal defense lawyer.

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A Dangerous Combination

Driving while intoxicated in New York means you’ve been drinking alcohol, smoking marijuana or taking prescription drugs. The consequences are the same if you’re convicted, and those consequences can be quite harsh. If you receive a charge with driving while intoxicated in New York City or in Long Island, it’s critical to contact a knowledgeable drug defense lawyer in Long Island as soon as you can.

Marijuana and DWI

While a growing number of states are liberalizing their marijuana laws, concern is also growing across the nation about drivers who mix marijuana and alcohol. Some new research findings from Europe are causing even more apprehensions.

There is simply no question or debate – smoking pot and drinking alcohol together does far more damage to your driving ability than simply consuming either substance exclusively. That’s what researchers in the Netherlands at Maastricht University found when they tested a number of volunteers. When alcohol is combined with marijuana, and even when a driver’s blood alcohol content level is measurably under the legal limit, driving ability is substantially impaired, and a driver’s driving behavior resembles the driving pattern of someone significantly over the legal limit. Combining even small quantities of the two drugs together essentially destroys your ability to drive a vehicle safely.

Prescriptions and DWI

in New York state, if you are arrested and accused of driving while intoxicated, immediately take your case to a well-known and knowledgeable Long Island criminal defense attorney. Understand, however, that a second DWI conviction within ten years of the first is a Class E felony in New York, and if you are convicted, the penalties will a fine from $1,000 to $5,000 and ten days in jail or sixty hours of community service. If you’ve been convicted of DWI more than four or five times, you may be struggling with a dependency issue, and you should probably seek some counseling. Almost anyone can avoid DWI troubles by quitting alcohol. Drivers who don’t drink alcohol do not get charged with DWI – usually.

However, if you are using pharmaceuticals prescribed by your doctor, DWI can get complicated. You can’t just “quit” your prescription medication like you can quit drinking. Your medicine is keeping you healthy, but you probably should not drive while you’re taking it. Many prescription and over-the-counter medicines can impair your ability to drive. Driving while taking these medications could get you charged with DWI. You could be responsible for a collision, serious injuries, and even fatalities.

If your physician has prescribed medications for you or prescribes them in the future, ask the doctor to describe how the drugs will affect you. Always heed the warning labels that accompany medications. If you receive an accusation of a prescription drug-related DWI New York state, it’s like every other DWI charge. Keep in mind that you do have a right to remain silent. Additionally, you have the right to consult an attorney before answering any questions. If you’re charged with a DWI in Long Island, or even in any one of the five boroughs, obtain legal help at once. Let an experienced DWI defense attorney in Long Island represent you and fight on your behalf. After any New York DWI arrest, make the call immediately.

What To Do If You’re Stopped for DWI

If you are pulled over by law enforcement officers in New York City or Long Island because you are suspected of DWI, remain silent and do not consent to a search of your vehicle. You don’t ever have to consent to an unwarranted search; however,  if a cop does, in fact, have a search warrant, you have to cooperate with the search. If the cops want to do a search without a warrant, be sure to insist on a warrant, but remain polite at all times when communicating with the police officer. A cop doesn’t have the right to detain you unless they have a strong suspicion that you committed a traffic violation or crime. Whenever you have doubt, ask the police officer if you are free to leave.

If you are arrested for marijuana-DWI, you’ll need an experienced DWI defense attorney in Long Island who can represent you aggressively while advocating for the best possible result. Even in first-offense, marijuana-DWI cases, New York courts are seldom lenient. Don’t plead guilty – fight the charge. If you are faced with a DWI charge for any reason in the Mineola, Nassau County, Suffolk County area, or anywhere in New York City, contact a knowledgeable Long Island DWI defense attorney promptly.

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There’s Probably A Law About That

If you grew up in the United States, you probably heard that “ignorance of the law is no excuse” a thousand times or more. It’s an old legal principle that has worked well for centuries. Since ancient times, every adult of sound mind has known that murder, assault, rape, and robbery are crimes, and until the modern era, those were very nearly the only crimes. What a different world the 21st century is. Almost anyone can accidentally break the law without even being aware of it. Hundreds of tax laws, traffic laws, financial laws, environmental laws, computer laws, and housing and employment discrimination laws – laws that didn’t exist a century ago – govern large parts of our lives. The truth today is that in some cases, ignorance of the law may actually be a legitimate excuse.

Some legal thinkers, pointing to thousands of obscure laws and regulations that impact every area of life, are rightly saying that no one can be realistically expected to know so many laws – not even lawyers, who are becoming increasingly specialized. However, ignorance of the law isn’t an accepted legal defense just yet, so if you’re charged with a crime in Mineola, Nassau County, Suffolk County, or anywhere in the state of New York, you’ll need to obtain high-quality legal representation immediately. Speak right away with an experienced Queens criminal defense lawyer. When you face criminal charges, obtaining the counsel of a trustworthy, experienced defense attorney is always the smartest decision.

Society stills expects everyone to know that murder, assault, rape, and robbery are serious crimes. But the hundreds of other newer laws and regulations aren’t merely trivial rules. They exist for a reason, and violating those laws will usually result in criminal charges.

The court does not accept that you did not know you were violating a law as a defense. It also does not care whether you committed the crime while you were under the influence of alcohol. In the state of New York, intoxication is not allowed as a defense to any sort of criminal charge. However, since a jury must determine if you acted with criminal intent, jurors may consider whether alcohol (or some other intoxicant) impaired your ability to form a criminal intent. You can not win by claiming, “I did it because I was drunk,” and the fact that you may not remember the incident is, legally speaking, largely immaterial. What your defense attorney must prove is that you had no ability to form a criminal intention. Every case is different, and every juror is different. What you need is a defense lawyer who will examine every detail of the alleged crime, present the most effective defense, and bring your criminal case to its best possible conclusion.

If you’re accused of a crime on Long Island or in New York City – whether or not you are guilty or knew it was a crime – get the legal help you’re going to need and immediately contact an experienced Queens criminal defense lawyer.

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Don’t Plead Guilty To DWI

A conviction in New York for driving while intoxicated can dramatically change your life. Do not take a DWI accusation lightly, but don’t just plead guilty and pay the fine either. That might seem like the fastest and easiest way to deal with the matter and move ahead with your life – but it’s not. If you’re charged with DWI in Queens, fight the charge with the help of an experienced Queens DWI defense lawyer. Pleading guilty is not the “fast and easy” way to deal with a DWI charge. If you do plead guilty, you’ll also learn that “moving ahead” isn’t that easy after a DWI conviction.

If you plead guilty to a first-offense DWI in Queens or in New York City, the punishment can include a fine from $500 to $1,000, up to a year in jail, and a six-month driver’s license suspension. If it’s a second offense, you could serve up to four years in prison, pay a $1,000-to-$5,000 fine, and lose your license for a year. After a second conviction, you’ll also be ordered by the court to have an interlock ignition device installed in your vehicle, and you’ll pay for its installation and maintenance.

In order to avoid being charged and convicted of a DUI, it’s important that drivers know about other factors that can cause you to become under the influence. One of those factors is pure vanilla extract. Pure vanilla extract is made by macerating and percolating vanilla beans in a solution of ethyl alcohol and water. In the U.S., for a vanilla extract to be called pure, the Food and Drug Administration requires the solution to contain a minimum of 35 percent alcohol. Carolyn Kesel, 46, of Seneca Falls was charged with felony DWI and felony aggravated DWI after allegedly drinking two small bottles of pure vanilla extract and then becoming lost in a Walmart parking lot. Police said her blood alcohol content level was more than three times the legal limit.

According to authorities, Ms. Kesel was discovered driving erratically at the Walmart, and she told the police that she could not find her way out of the parking lot. The vanilla extract she allegedly consumed had an alcohol content of 41 percent. A breathalyzer measured Ms. Kesel’s blood alcohol content (BAC) level at 0.26 percent, more than triple the legal limit, resulting in the felony charges. If Ms. Kesel had known about the dangerous effects of this extract, perhaps this could have been avoided.

If you’re accused of driving under the influence anywhere in the Queens area, you should know that working with a good criminal defense attorney is the best way to handle the charge. The right lawyer will safeguard your legal rights, explain the law and the options it gives you, and lead you through the legal process to the best possible conclusion of your DWI case. If you’re charged with DWI now or in the future, take the first step toward justice and contact an experienced Queens DWI lawyer immediately.

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What Are The Most Addictive Drugs?

When we think about drug addicts, we often think about dark alleys and drug dealers selling little packages to people who are out of control and need help. Yes, street drugs are part of the problem. But they are not the entire problem. There are so many people in the United States that are addicted to the drugs that their doctor prescribes them. Worse, with the doors of the pharmacy being shut to the patients who are now addicted to their prescription drugs, they are turning to street drugs, which are cheap and plentiful.

Why Are Some Drugs Addictive While Others Are Not?

Whether you take street drugs or prescription drugs, the effect is the same, according to our drug defense attorneys. Addictive drugs stimulate the part of your brain that makes you feel good. They bring a feeling of contentment and pleasure. Taken in higher doses, they make you high or drowsy. The brain adjusts to the amount of the drug you take, and it demands more and more to get the same feeling. The major problem is, when you cut the supply off, your body will demand it. You will suffer withdrawal. Withdrawal is so bad that the addict fears it. As soon as the body starts signaling you to provide the drug, you get so sick that you would do almost anything to get your drug of choice.

Most Addictive Drugs

  • Opioid drugs
    • Heroin
    • Oxycodone
    • Hydrocodone

This family of drugs includes pain pills such as Lortab and Vicodin. It can also be found in prescription cough syrup.

  • Cocaine and crack cocaine

This drug is usually snorted (sniffed up the nose) or smoked. It is a powerful painkiller and it is an almost immediate high. Often a person will become addicted to this drug after one use.

  • Benzodiazepines
    • Xanax
    • Valium
    • Ativan
    • Klonopin

What May Surprise You

Between Cocaine and Benzodiazepines, there are two other drug sources that are considered in the top 5 most addictive drugs. They are nicotine (tobacco) and alcohol. These are drugs. They are legal for adults to purchase and they are very addictive.

Everyone who takes a pain medication or a medication to calm them during a trying time becomes addictive. Taken as prescribed and for a limited time, they are effective treatments. However, some people find it difficult to take them as prescribed. They crave the drug and the euphoria that comes with the stronger doses.

Overdoses

If a person is taking the drug and it is giving the feeling of being high or very drunk or high, they are taking too much. The feeling they are craving is the feeling of being over-dosed. When people continue to consume more of the drug to get high, they eventually feel like they will exceed the amount their body can process. At that point, they will usually fall asleep and slowly stop breathing.

There are drugs that can reverse the high, and if they get medical attention quickly enough, they can often be saved. Still, without treatment, they will return to the drug, and they will overdose again.

Recovery

There are treatments and rehab places that will help. But the addict will always have to be on guard. They must accept that these drugs are not an option for them. Unless they get proper help, the addiction will grow. It will destroy them and take everything from them. The last thing the addiction will take is their life.

For more information, speak to a criminal defense lawyer today.

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When Cops Smell Drugs

Drug possession and drug trafficking are two very serious offenses in New York. When it comes to narcotics, New York has historically been one of the more strict enforcers of drug laws. However, our drug crimes attorneys know it is not a crime when cops simply smell drugs.

Contact with Police

A large majority of drug possession and drug trafficking cases in New York are based on the police finding evidence of a potential legal violation before corroborating their suspicions with statements made by suspects and witnesses.

What most people don’t realize is that they are under no obligation to speak to police, no matter the type of crime is being investigated.

Our legal system is not just a black and white set of laws – it is a web of rules, requirements, exceptions and elements that must all be applied based on the specific facts of the case at hand. It is an environment where saying the wrong thing, even in the wrong tone of voice, could lead to significantly harsher sentences than may actually be prudent or required under the circumstances.

Because they can have no way of knowing how their statements will be construed or interpreted by readers of the police report later, it is always better for suspects to refuse to respond to questions and to immediately request an attorney whenever contact with police is initiated.

I Smell Drugs

One tactic that police use in order to cause suspects to incriminate themselves (which suspects always have the right not to do), is to make statements and wait for a response. One such statement is I smell drugs. Believe it or not, but once most people hear this statement, they hear a question that they think has to be answered. Not only is this statement not even a question that could be answered, but the person to whom the statement is made is under no legal obligation to provide an answer, even if the statement had been made in the form of a question.

In fact, nowhere in New York law is the act of smelling like anything a crime. The odor of drugs may be probable cause for the police officer to detain a person, but it is not actually a crime that could even be ticketed. The way an odor leads to an arrest and conviction is, when upon hearing that police officers smell drugs, detained individuals start volunteering information in the hopes it will get them out of trouble. In most cases, efforts to get themselves out of trouble is actually what leads to suspects getting themselves into more trouble simply because police officers smell drugs on or near the suspect.

After Questions are Refused

When a person tells a police officer in the field that he or she is refusing to answer questions, they may be hit with other questions, like “Why?”

When this happens, suspects should tell police, again, as politely as possible, that they are not answering questions, and again request the presence of an attorney. This might create a visibly frustrated police officer, but suspects should not worry, for if a police officer actually has the right to make an arrest or conduct a search, the officer doesn’t need the permission of the suspect in order to do the officer’s job.

Make no mistake about it, everything a police officer says to a suspect in the field is tactically designed to get the suspect to incriminate him or herself. Keep this in mind and always refuse to answer questions regarding drug investigations until experienced legal counsel has been obtained.

What Happens When The Dog Accuses You?

First, imagine that you’ve been pulled over by the police even though you haven’t done anything wrong. Secondly, now imagine that the police officer who stopped you is accompanied by a drug-sniffing German Shepherd. Now, you don’t have to just worry about the police office claiming that he or she smells drugs, but also that the dog will react to something that he smells. Do you have the right to refuse a “dog-sniff” test? Yes you do, and in fact, it’s a bad idea to submit to a police dog-sniff test. If you’re charged with any crime in New York on the basis on evidence obtained through the use of a police dog, get legal help at once and contact an experienced Long Island criminal defense lawyer.

The behavior of drug-sniffing dogs is often used as probable cause to search a vehicle at a traffic stop, but research is proving that drug-sniffing dogs are unreliable. According to a study conducted by the Chicago Tribune in 2011, when a dog indicates that illegal drugs are in a vehicle, the dogs are right in only 44 percent of these incidents. The U.S. Supreme Court ruled in 2005 (in Illinois v. Caballes) that police do not need reasonable suspicion to employ drug-sniffing dogs during a legitimate traffic stop. However, if the police don’t have a dog with them at the time of the traffic stop, they need probable cause to detain you until a K-9 unit arrives. If an officer detains you in this situation, you have the right to refuse a search.

Your refusal may not stop the police from detaining you and using the K-9 anyway. If the police arrest you, a good defense attorney will make sure that your rights are protected. If the police did not have probable cause to detain you, your attorney will ask the court to throw out any evidence obtained through an illegal search. On Long Island and anywhere in New York City, if you’re charged with any crime because of evidence obtained by the use of a police dog, arrange to speak at once with an experienced Long Island criminal defense lawyer. Don’t trust your case with a public defender who may have never worked on this type of case before. There is too much at risk to put your future in the hands of a public defender. Instead, go to a trusted Long Island criminal defense attorney.

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The Many Layers of Arson in New York

Property crimes in New York include burglary, vandalism, trespassing, and arson. Arson crimes are committed for motives ranging from terrorism to insurance fraud. Arson is legally defined as the willful, malicious burning or charring of property. Bombings are also arsons, and a structure need not be entirely destroyed for arson to be charged. Arson can also be charged against anyone setting fire to forest lands, vehicles, or other properties. If you are charged with pyromania on Long Island, in New York City, or anywhere in New York State, get the legal help you need immediately, and contact an experienced Long Island criminal defense lawyer as quickly as possible.

Arson: A Multi-Layered Offense

There are several different arson-related offenses that exist in New York under which a person can be prosecuted.  The specific facts of each case will determine which level of pyromania a person should be charged with but, generally, the more culpable the behavior, the more severe the consequences faced. Setting fire to an occupied building will obviously bring a more severe arson charge than burning an abandoned barn in a rural setting. Arson is often a part of domestic violence situations, and it’s also sometimes used to hide other crimes including murder and fraud.

A Matter of Degrees

For example, at the lowest end of the spectrum is pyromania in the fifth degree, which is identified by the causing an explosion or starting that causes damage to another person’s property.  While this might sound general enough to include just about every possible scenario of arson, it is usually reserved for incidents when only minor damage occurs.  Other statutes exist for more serious incidents that result in deaths or that are committed against certain types of property.

Fourth degree arson is identified by an element of recklessness in the intentional cause of an explosion or fire.  Third degree arson is identified by the specific setting of a fire or causing of an explosion that causes damage to a building or vehicle.  Third degree pyromania is considered more severe than fifth degree because setting a fire or causing an explosion to a building or vehicle is more likely to cause injury to someone else than simply burning property that is not a building or vehicle.  Even more severe than third degree arson is arson in the second, identified by the known presence of another person in the building or vehicle that is intentionally set fire to or damaged by explosion.

The most serious form of arson is first degree arson, which is identified by the presence of a death or injury as the result of an intentional setting of a fire or explosion.

Arson penalties are serious; even a fifth-degree misdemeanor pyromania can put you in jail for a year if you’re convicted. If you or someone you know faces a criminal arson charge in New York or on Long Island, retain the advice and services an experienced Long Island criminal defense lawyer at once. If you are suspected of arson, it’s the wisest choice you can make.

What Arson Suspects Face

Depending on details of the case, a suspect of arson could face up to 25 years of prison time. It’s not just potential jail time; individuals who are accused of pyromania face losing support from family and friends, along with having to pay some hefty fines. Not to mention the civil damages that may follow a convicted arsonist after a guilty verdict in criminal court. There will be particular facts of the case will determine the type of punishment received, with harsher punishments for those face cases involving serious injury or death of another person.

What is important for arson suspects to understand is that there are several layers to the charge – in New York, the law recognizes five of these layers, or degrees, and treats each degree differently, both in terms of what must be proven by the prosecution and the ultimate consequence facing the person charged with the offense.

If Accused of Arson

When the police believe they have formed enough evidence to reveal that someone, in fact, committed an act of pyromania, they will then be able to formally make an arrest and charge the person with the crime.  During the arrest and investigation, it’s recommended that suspects don’t talk to police no matter what. The only reason to would be to request legal representation and for purposes of identification.

The attorney will be able to explain to the suspect exactly what crime he or she is being charged with, what evidence exists to substantiate the charge, the potential consequences of the charge, and the suspect’s best legal options moving forward.  Considering how much is at stake in a serious pyromania charge, letting a skilled attorney handle their defense is a person’s best bet for clearing their name.

If you have been accused of arson, it’s important to remember that you are innocent until proven guilty in the eyes of the law. You don’t have to prove your innocence. The burden is on the prosecution to prove that you are guilty, so stay silent and let your Long Island pyromania attorney handle the legalities of the criminal case.

When a case makes it to trial, the prosecution will need to present their own case.  To reveal that a suspect committed the said crime, it will involve the prosecution to show the presence of certain elements of the offense.  If nothing can be proven, the prosecution won’t have a case.  Disproving the elements can require experience and skilled legal experience. Don’t put your future in the hands of a public defender who will not work tirelessly to fight your charges and achieve the best possible outcome for your case.

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David M. Mirsky Law Office
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