White Plains Criminal Law Attorneys Blog

White Plains teens busted for drug possession allegedly fled cops

2013-05-22T06:47:06Z

Police in White Plains recently arrested three teenagers for marijuana possession after they allegedly tried to flee from law enforcement inside a local mall parking garage. Police claim to have spotted the teenagers, two 16 year olds and a 17 year old, smoking from a brown hand-rolled cigarette after officers on patrol detected the smell of marijuana.

The three allegedly fled after the officers approached them, with one exiting the garage and the other two getting caught before they could get away. Police supposedly uncovered a cigar with what appeared to be marijuana inside it and plastic bags with what they claim to be marijuana inside on the the teenagers. All three were charged with drug possession. Two of the teenagers were released on $250 bail, while the third was held for court.

]]> Fleeing from the police, as the teenagers in this case stand accused of doing, is never helpful for a defendant, as it gives the impression that the person has something to hide from the police. New Yorkers who get stopped by the police should never under any circumstances flee the scene, as the police will give chase and catch the defendant, and doing so may add to the charges the person is facing. Nevertheless, the fear of being approached by police in any manner - even when one is doing nothing illicit whatsoever - can be unnerving and may provoke an emotional response from a defendant.

Anyone accused of drug possession or marijuana possession is constitutionally entitled to a presumption of innocence until guilt is proven beyond a reasonable doubt and a vigorous criminal defense. Defendants are entitled to question witnesses, challenge the admissibility of evidence and dispute the constitutionality of the charges. A legal professional may be able to help anyone accused of possessing illegal drugs to challenge the police version of events and fight to vindicate their innocence.

Source: White Plains Daily Voice, "Teens face possession charges after trying to flee cops," Brian Donnelly, May 10, 2013.

Businesses pay large fines to avoid prison time

2013-05-15T07:04:54Z

Recently, a trend has been noted of corporations that are able to pay gigantic fines in order to avoid criminal prosecution. Many executives of these companies pay settlements to the Securities Exchange Commission (SEC) in order to avoid prosecution for white collar felonies. For example, Ralph Lauren, the U.S. fashion company, paid $1.6 million in fines to avoid prosecution for allegations that it bribed Argentinian officials to avoid customs inspections of its products entering into that country. Prosecutors in white collar crimes have used two main tools to pursue alleged offenders: non prosecution agreements (NPAs) and deferred prosecution agreements (DPAs). Both of these involve a statement of facts agreed to by both parties, a cash fine, and the appointment of a probation officer to prevent further criminal conduct in the future. Also, SEC Enforcement Division lawyers grant "consent decrees," which allow corporations to neither admit to nor deny wrongdoing. Critics allege that these tools allow corporations to buy their way out of criminal prosecutions.

However, more recently, authorities have been cracking down on white collar crime. For example, a judge rejected a $285 million settlement between Citibank and the SEC, stating that the settlement would allow Citibank to escape accountability for its role in the financial crisis. In addition, a new law has been passed that would give whistleblowers a stronger financial incentive, or up to 30 percent of the restitution money, for turning in corporations who violate the law. These new tools have led to an uptick in reporting white collar offenses; as many as 3,000 tips have been sent to a SEC office dedicated to combatting white collar crime.

]]> This case demonstrates the difficulty in prosecuting white collar crime. Offenders are typically better educated than common criminals, and have access to better legal counsel, so they are able to navigate the legal system better. Because they have more money, they are able to pay the fines and avoid jail time. According to critics, this amounts to buying their way out of jail.

Anyone accused of a white collar crime is entitled to a presumption of innocence until guilt is proven beyond a reasonable doubt and a strong criminal defense. He or she is entitled to exercise rights such as questioning witnesses and challenging the admissibility of evidence in order to vindicate him or herself in the court of law. It is essential to exercise these rights, given the potential consequences of a white collar crime conviction.

Source: PressTV, "Big business paid US $36 billion to avoid jail," Pratap Chatterjee, May 7, 2013.

Charitable NY socialite sentenced for fraud

2013-05-10T06:31:00Z

Recently, a New York socialite known for her charitable activities was sentenced by a U.S. District Court to 19 months in prison for allegedly bilking several companies out of millions of dollars. The woman was charged with the felony of conspiracy to commit wire fraud. The charges came out of a scam carried out over the course of a decade, where the woman went to several companies and claimed to be able to get them access to new markets and business opportunities in exchange for money. The woman then used the money to support a lavish lifestyle. She was indicted for fraud in 2008, and turned her life around during this time period, opening her New York home to the poor and volunteering with a non-profit group that helps former inmates rebuild their lives. She introduced several letters of support detailing her lifestyle turnaround at trial. Despite her good deeds, however, she was still given a jail sentence, in addition to an imposition of $7 million in restitution to be paid to the victims.

Fraud is a crime that involves the deception or misleading of a person or entity for the personal or financial gain of another. This case involves a woman accused of defrauding several companies out of millions of dollars by deceiving them as to her intentions and activities. Fraud is a common white collar crime that causes harm to the persons or institutions by costing them financial resources.

]]> This case is interesting because it appears that the woman has made a sincere turnaround in her life by getting involved in charitable activities instead of criminal ones. She may have been genuinely repentant for her crime, and may have wished to do good deeds to make up for her offenses. However, she will likely always carry the stigma of a convicted felon, something that no amount of charitable work can ever erase.

Anyone accused of fraud or another white collar crime is entitled to a vigorous criminal defense and a presumption of innocence until guilt is proven beyond a reasonable doubt. They have the legal right to challenge the state's evidence, to question witnesses, and to get the charges reduced or dismissed. Those accused of financial crimes have the constitutional right to defend their freedom. Given the potentially severe consequences of being convicted of a financial crime, anyone accused of such a crime should be sure and take steps to defend him or herself in this manner.

Source: USA Today, "N.Y. Socialite sentenced in fraud that bilked companies," Tim Evans, April 30, 2013

Rapper arrested for drug and weapons possession

2013-04-30T08:34:02Z

Police in Staten Island, New York have arrested a 35-year old rap artist for weapons and drug possession after raiding his home. The police obtained a warrant for the home of rapper Shyheim Franklin, who had worked with The Notorious B.I.G., and allegedly found a gun rolled up in a sock, as well as heroin in a safe in his bedroom. Police also allegedly found drug paraphernalia such as a scale and plastic bags. Franklin was charged with drug possession and possession of a gun. Franklin has a previous criminal history, including jail time for attempted robbery and possession of a stolen gun. This previous criminal history means that Franklin is ineligible to possess a gun. Franklin is currently being held on $10,000 bail.

Gun and drug possession offenses are frequently linked to each other, like in this case. Drug traffickers will frequently possess weapons to fend off the police or an attack from rival drug dealers. This is the reason that drug possession and trafficking are very dangerous offenses to the general public.

]]> This case also illustrates the prevalence of drug usage in the hip hop community. Rap artists are often users of illegal drugs such as marijuana and cocaine, and they reference it frequently. The prevalence of drug usage is the cause of the legal problems for rap artists such as Shyheim Franklin, and it helps influence the level of violence in the genre's music and in the lives of the artists.

Because drug possession offenses are punished severely by authorities, it is highly fortunate that all defendants accused of this offense are entitled to a vigorous criminal defense and a presumption of innocence until guilt is proven beyond a reasonable doubt. The defendant has the ability to defend his or her constitutional rights, including questioning witnesses, challenging the admissibility of the evidence and challenging the constitutionality of the search and seizure of the contraband. Anyone charged with a drug offense is entitled to fight for their freedom and their reputation in a court of law.

Source: SILive.com, "NYPD Raid turns up gun, drugs in Staten Island rapper's apartment," John M. Annese, April 23, 2013

Three arrested for illegally trafficking guns

2013-04-25T06:29:26Z

Law enforcement officials recently indicted three people for trafficking weapons between Georgia and New York. The charges were brought by a New York prosecutor against a Long Island couple and a Georgia man for criminal sale of a firearm and criminal possession of a weapon.

The arrests follow a six-month investigation by the police to prevent the occurrence of violent crimes stemming from illegally purchased weapons. Detectives allegedly purchased handguns, bulletproof vests, and a silencer from the defendants at hotels and a gas station during the investigation. Law enforcement officials estimate that 53 guns were kept off the streets due to the arrests.

]]> The three defendants have pled not guilty to the charges.

Gun trafficking is a major issue in combating violent crime. Criminals often traffic weapons to other jurisdictions for their use in crimes or for sale to the public at large. Criminal "rackets" typically organize large groups of people for making illegal products such as illegally purchased handguns available to the public quickly and in such large numbers that the authorities can't arrest and prosecute all those responsible.

Weapons trafficking case, because they involve more than one jurisdiction, are prosecuted on both the state and federal level. Those responsible are typically charged with racketeering, or with a Racketeer Influenced and Corrupt Organizations (RICO) act charge. The government must prove that the defendant operated an organization that performed one or more specified illegal acts.

Anyone accused of weapons possession or trafficking has the legal and constitutional right to a vigorous criminal defense, as well as the presumption of innocence until guilt is proven beyond a reasonable doubt. Defendants may question witnesses, challenge the admissibility of evidence, and take other steps to defend themselves against possible imprisonment. Defendants accused of weapons crimes have the right to pursue a possible acquittal or reduction in the charges, and the potential for a legal vindication of their innocence.

Source: The Atlanta Journal-Constitution, "3 Indicted in Ga.-NY gun trafficking case," April 16, 2013

Long Island drunk driver crashes car into house

2013-04-18T08:37:16Z

Long Island police recently arrested a 30-year old man for drunk driving after he allegedly crashed his car into a house. Law enforcement officials stated that the man drove his car off the road in Bellmore, New York, drove through a fence, and crashed into the side of a house. The man's car was reportedly seen sticking halfway onto the lawn of the house. The man was charged with driving while intoxicated (DWI), reckless driving, and assault. The man and a passenger were reportedly trapped inside the car as a result of the accident and were treated for head injuries. The occupants of the house were not harmed.

This incident is an example of one of the after-effects of a drunk driving accident, namely property damage. Accidents caused by drunk drivers can cause thousands of dollars of damage to property such as fences or homes. In this particular case, the homeowners' lawn, fence and house were damaged by the car crash.

]]> The people involved in this particular incident are fortunate that nobody was seriously injured. This accident had the potential to cause death or great injury to both the motorists and the homeowners. Drunk driving accidents pose a major threat to motorists in New York and across the nation, and their impact on the lives of those affected is immeasurable.

Regardless of the costs, anyone accused of driving under the influence is entitled to a presumption of innocence until guilt is proven beyond a reasonable doubt. The defendant has the constitutional right to question witnesses, challenge the accuracy of any field sobriety, breathalyzer, and blood alcohol tests, and call the admissibility of the evidence into question. A defendant in a drunk driving case need not meekly submit to the charges, but may instead vindicate himself or herself in a court of law. A strong criminal defense strategy can help make certain that criminal defendants are not deprived of their constitutional rights.

Source: CBS Local, "Police: Drunk Driver plows into house on Long Island," April 7, 2013.

Two arrested for meth possession in upstate New York

2013-04-11T18:30:59Z

Police in West Chazy, New York recently arrested a 36-year old man and a 30-year old woman on charges of manufacturing and possessing methamphetamines. The couple was arrested after law enforcement found several precursors to manufacturing methamphetamines at a residence. The police did not find an active meth lab, but did discover syringes filled with drug residue. The man was charged with drug possession, manufacturing methamphetamine, and endangering the welfare of a child, and the woman was charged with the felonies of criminal possession of a controlled substance and child endangerment. Both have been placed in prison and have been scheduled for trial.

Any criminal accusation should be taken seriously. A conviction could mean substantial fines, jail time and even significant damage to one's reputation. After a criminal conviction, it is often more difficult to find a job, rent an apartment, or even obtain child custody. This is why it is so vital to obtain a proper defense when facing a criminal accusation.

]]> Methamphetamine is a drug that requires certain chemicals and laboratory equipment to be used for its manufacture. Because of this, it is considered to be a controlled illegal substance, and possession of these chemicals and laboratory equipment can lead to a drug manufacturing charge, as can possession of plants such as marijuana that are used for producing illegal drugs. Drug manufacturing is an offense that is punished at both the state and federal level, and penalties vary by jurisdiction.

Drug possession and/or manufacturing is considered to be a very serious offense, with very severe penalties. Fortunately, anyone accused of this felony is entitled to a vigorous criminal defense and a presumption of innocence until guilt is proven beyond a reasonable doubt. Defendants in these cases may question witnesses, challenge the admissibility of the search and seizure of the contraband, as well as that of any evidence offered. A defendant in a drug case has the legal right to pursue an acquittal and a potential vindication of their innocence.

Source: Fox News 44/ABC News 22, "Two arrested on meth and drug charges in West Chazy, NY Wednesday," Joe Gullo, April 4, 2013

Three people charged with drug offenses in separate incidents

2013-04-05T16:02:10Z

Recently, police in Peekskill, New York, arrested and charged three people with drug-related offenses in three separate incidents. In the first incident, a 28-year-old woman allegedly sold phencyclidine drugs to undercover police officers, and was charged with felony drug possession and possession of a controlled substance. She was arrested after a police investigation lasting a year-and-a-half. The second arrest was that of a 24-year-old man who was found during the execution of an unrelated police arrest warrant. Police uncovered a semi-automatic handgun during his arrest, and the man was charged with criminal possession of a weapon, as well as the possession and sale of hallucinogenic drugs. The final arrest was that of a 42-year-old woman, and it came after a year-long police investigation into the sale of heroin. She was charged with criminal possession of a controlled substance and sale of a controlled substance.

These cases highlight the immense amount of work that police must do to combat drug trafficking. Two of these arrests came out of investigations lasting a year or longer, during which police likely questioned informants, obtained warrants for surveillance and gathered evidence. They probably questioned witnesses, and processed any laboratory work done on fingerprints and body fluids. Arrests for drug possession can be the result of months or even years of hard investigatory work.

]]> At multiple points during many drug cases -- and especially during particularly long investigations -- a defendant has the opportunity to exercise rights against unreasonable searches and seizures and the right to counsel. Police must obtain a valid search warrant in order to search and seize any contraband that is not within his or her plain view or is located in an area where the defendant would have a reasonable expectation of privacy. Also, a defendant must be informed of his or her right to counsel before a confession is elicited by police.

Anyone accused of drug possession or drug trafficking is entitled to a strong criminal defense. In addition to questioning witnesses and challenging the admissibility of evidence, the defendant has the legal right to challenge the constitutionality of the search and seizure of the evidence as well as the admissibility of his or her confession when appropriate for a given case. With the help of an experienced criminal defense attorney, defendants can often take steps to avoid a felony conviction.

Source: Peekskill Daily Voice, "Peekskill Police Charge Three On Felony Drug Charges," Art Cusano, March 27, 2013.

New York enacts new confidentiality program for abuse victims

2013-03-29T18:01:42Z

Recently, the New York Department of State enacted an initiative designed to help the victims of domestic abuse conceal their current addresses from their alleged abusers. The Address Confidentiality Program is offered at no cost, and allows for children, parents and siblings of the victim to sign up as well. Under this program, victims of domestic abuse are assigned a substitute address to which their mail is addressed, and the mail is then forwarded to their actual address by the New York Department of State. The program is designed to benefit victims of domestic abuse who have relocated from their original home, and is intended to protect them from any potential attacks or harassment from their alleged abusers. The program requires that state and local governments accept the substitute address. Program participants are issued an identification card, and the substitute address may be used for court and government records.

This government program highlights what is a real and horrifying concern in domestic abuse cases; that the alleged instigators will continue to attack and harass the alleged victim after she moves to a new address. This could potentially lead to the victim being attacked or killed by the alleged attacker. By shielding the victim's new address, the program intends to protect their personal safety.

]]> Domestic violence is an offense that has serious consequences for all involved. For the battered woman or any other type of victim, there is the issue of physical and emotional trauma. The defendant will face a possible felony conviction and the stigma of being labeled a spouse abuser. Having a felony conviction for such a serious offense can cause negative consequences for the defendant's livelihood and personal life.

Because of the extreme seriousness of the offense, it is highly fortunate that anyone accused of committing an act of domestic violence is entitled to an aggressive criminal defense and a presumption of innocence until guilt is proven beyond a reasonable doubt. The victim of domestic abuse is entitled to acquire a temporary restraining order from the abuser in order to protect themselves and any children involved. Because of the extremely traumatic nature of the offense, it is important that the issue be resolved with sensitivity to all parties.

Source: WBNG.com, "NY announces address confidentiality program to protect victims of domestic violence," March 13, 2013

Police arrest three for drug and gun charges during house raid.

2013-03-20T22:46:10Z

Recently, police in New Springville, New York, recovered a .38 caliber revolver, illegal drugs, and measuring equipment used for the sale and manufacture of drugs during a police raid on a local home. Police arrested three people, a 28-year old woman, a 22-year old woman, and a man.

The raid was allegedly triggered by unspecified "police activity," and it was likely done to prevent the occurrence of drug dealing or violent crime. In addition to the revolver, police allegedly uncovered a crack pipe, cocaine, and oxycodone on the man, and cocaine, heroin, and a spoon with cocaine residue on it from the women. Police also found a scale and drug packaging material. The defendants were charged with second-degree possession of a weapon, second-degree criminal use of drug paraphernalia, and seventh-degree criminal possession of a controlled substance.

]]> Drug crimes and weapons crimes are often inter-linked, as they are in this case. This is because people involved in drug trafficking or distribution carry weapons as protection against rival drug dealers or to intimidate and threaten anyone who would report their activities to the authorities. This is why illegal gun possession is frequently linked to drug crimes.

For house raids such as this one, police need a warrant to enter into a home and search and seize any contraband, so as not to violate the defendant's Fourth Amendment right against unreasonable searches and seizures. If they do not have a warrant, then the evidence must be within the plain view of the officer, or they must have the consent of a resident to search the home.

Anyone accused of weapons possession is entitled to an aggressive criminal defense and a presumption of innocence until proven guilty beyond a reasonable doubt. The defendant has the constitutional right to question witnesses, challenge the constitutional validity of the search and seizure of the evidence, and question any witnesses provided by the state. The defendant need not submit meekly to the state's charges, but instead may challenge the charges and defeat the prosecution.

Source: SIlive.com, "Three arrested on gun, drug charges after raid on home in Staten Island's New Springville section," John M. Annese, March 12, 2013.

White collar defendants may receive more lenient sentences

2013-03-13T14:51:39Z

Recently, a federal appeals court reversed a lower court's lenient sentence for conspiracy and money laundering of a chief executive of an Ohio technology firm that collapsed in 2003 due to alleged fraud. This sentence is evidence that defendants convicted of white collar felonies may receive more lenient treatment in the legal system than those convicted of other crimes. The judge in the case received letters of support from those who knew the defendant, and imposed a mere seven-day sentence for the crime of fraud, despite the fact that sentencing guidelines mandate an 8-10 year sentence based on the $18 million loss to the company's shareholders due to the fraud. The appeals court struck down the sentence, stating that the judge abused her discretion by taking into account factors that were not allowed in imposing sentences.

An underlying factor in the alleged leniency afforded to white collar criminals is that unlike many other criminal defendants, they generally pose no threat to society and are able to lead productive lives after committing the offense. For this reason, courts are allowed some flexibility in imposing sentences, thanks to the Supreme Court's 2005 United States v. Booker decision which stated that mandatory minimum sentences were only advisory and did not need to be applied rigidly.

]]> However, the basic fairness of this arrangement is questionable at best. Often, defendants who have committed felonies such as fraud and insider trading are given softer sentences due to letters of support from high-profile friends and business associates. For example, one executive received a sentence of two years instead of the eight-to ten year sentence sought by the state due to letters in support of his character from high-profile figures such as Bill Gates and Kofi Annan. By contrast, defendants who did not receive letters of support received much harsher sentences.

Regardless of the fairness of the sentences, the basic fact remains that any defendant accused of a white collar crime such as insider trading or money laundering is entitled to a vigorous criminal defense and a presumption of innocence until guilt is proven beyond any reasonable doubt. They are entitled to challenge the admissibility of evidence, question witnesses, and take other measures to fight for their freedom from incarceration.

Source: The New York Times, "The Challenge of Sentencing White-Collar Defendants," Peter J. Henning, Feb. 25, 2013.

New York Police investigate violent crime

2013-03-06T18:31:37Z

Police in Riverhead are searching for two men that allegedly fired shots at a local home and attempted to break into it. This potentially violent crime was reported to the police by the house's residents, which included two adults, a 15 year-old boy, a twelve-year old boy, and a five-year old girl. They reported that an armed man had broken into the home. Police officers later observed shell casings near the home, and the residents stated that the two men fled on foot before the police arrived. The perpetrators were described as two black men wearing masks who were allegedly armed with an undescribed type of gun. No injuries were reported from the incident, and police are still attempting to apprehend the perpetrators.

Violent crimes such as the one in this case need not have any victims to be classified as such. All that is required is the use of a deadly weapon, such as a gun or a knife, to earn the description of a violent felony. For a defendant to be guilty of the felony of assault with a deadly weapon, all that is required is that the victim be put in apprehension of a harmful or offensive contact from the defendant's use of a deadly weapon. The defendant need only attempt to attack the victim to be guilty of this offense.

]]> Burglars typically wear masks to conceal their identity, and they use deadly weapons such as guns to frighten, intimidate or attack any residents of the burglarized home that happen to be at home at the time of the crime. They will also break and enter into the home with the intent of committing a felony such as robbery or larceny. Nobody condones criminal activity, but anyone accused of a violent crime is entitled to a strong, thorough criminal defense, and is presumed innocent until proven guilty. Defendants in such cases should fight the charges by questioning witnesses, challenging the admissibility of evidence and asserting their constitutional rights.

Source: EastHamptonPatch, "Crimes Nearby: Cops Investigate Riverhead Shooting, Break-in," Taylor K. Vecsey, Feb. 28, 2013

Suspicious Wall Street trading draws FBI attention

2013-03-01T16:53:11Z

The Federal Bureau of Investigation (FBI) is currently investigating alleged insider trading regarding the $23 billion purchase of H.J. Heinz. The purpose behind the FBI's investigation is to determine whether or not a felony was committed, and if so, who was responsible.

The trades in question occurred just before the acquisition of H.J. Heinz, which sent the company's stock prices sky high. The trades consisted of 2,533 options bought through a Swiss account at Goldman Sachs, right before Berkshire Hathaway and 3G Capital Management announced the deal for Heinz. In response, the Securities Exchange Commission (SEC) froze the account. The FBI must first determine whether or not a crime was committed, and then determine the identity of the perpetrators. This may be difficult, because some accounts allow customers to hide their identity, and some jurisdictions protect the confidentiality of financial traders. This means that the investigation could hit a brick wall.

]]> Insider trading involves someone with inside information about a company or investment trading on that information in violation of a duty or obligation. It is considered a form of securities fraud, because the trader is in effect gaining an unfair advantage over other traders by using inside information about the company/investment.

This case illustrates how difficult it can be to prosecute white collar crime. It is unclear whether any offense has been committed, but assuming that one has, law enforcement has to track the identity of the traders, which may be protected under an account's confidentiality policy. Because of this, it may not be possible to bring the perpetrators to justice. Another factor is the cooperation of the financial and law enforcement authorities in the traders' jurisdictions; if there are policies in place to protect their identity, then bringing them to justice will be impossible.

Anyone accused of a white collar crime is entitled to a vigorous criminal defense and is entitled to a presumption of innocence before proven guilty beyond a reasonable doubt. They are entitled to question witnesses, challenge the admissibility of any evidence, and challenge the constitutionality of the court's charges. As a result, anyone accused of white collar crime has the legal and constitutional right to fight for their freedom.

Source: DealBook, "Heinz Trades Draw FBI Scrutiny," William Alden, Feb. 20, 2013

White Plains man facing drug possession charges

2013-02-21T15:19:22Z

Recently, police in White Plains arrested a man for marijuana possession after observing him smoking a cigar in a park at night. The New York man was with two other men in their twenties. Police observed the three men smoking, and went in to stop them when one began to urinate in public. Police claim that the defendant then dropped the cigar to the ground.

After a search, police claim that they found marijuana and cocaine on the defendant. He was charged with drug possession and released on an $800 bond.

]]> In cases involving the search and seizure of evidence, such as this one, it is important to examine whether or not the search and seizure was conducted in a manner consistent with the Fourth Amendment. In order for a search and seizure of contraband to be legal, police must either have a warrant or the items in question must be within plain view, as they allege that it was in this case. Police generally may not search any area where the defendant has a reasonable expectation of privacy.

Police may also feel pressure from residents living near the park worried about supposed illicit activities affecting their property values; such pressure can lead police to take aggressive action, sometimes out of any proportion to whatever municipal violation is alleged. Furthermore, they may also feel pressure to bend search-and-seizure rules as a result of this public perception

Defendants in drug possession cases have the legal right to contest the charges. A defendant may question witnesses, challenge the relevance or validity of evidence and question the constitutional validity of the search and seizure of the alleged contraband. Any defendant accused of drug possession is entitled to a vigorous criminal defense and is presumed innocent until proven guilty beyond a reasonable doubt.

Source: White Plains Daily Voice, "Man Charged with drug possession in White Plains," Brian Donnelly, Feb. 14, 2013

Upstate NY prosecutor honored for fighting drunk driving

2013-02-11T19:01:57Z

The district attorney for Ontario County, New York, was recently honored by the New York chapter of Mothers Against Drunk Driving and the New York State Stop-DWI Foundation for his work in prosecuting DUI cases. The district attorney has been active in prosecuting DUI cases for over 24 years. Ontario County has had some of New York's highest DUI rates for 28 out of the previous 29 years, but the district attorney's office in the county has been diligently working to reduce the trend. During this time period, the average number of yearly fatalities stemming from drunk driving accidents has been reduced from fifteen to two. According to the prosecutor himself, Ontario County has assistant district attorneys who specialize in prosecuting drunk driving cases, which sets the county apart from most others in New York.

This story highlights the fact that DUI cases are treated very seriously by authorities. Any defendant accused of drunk driving in the state of New York can expect to be given a sentence of jail time, fines and the revocation or suspension of their license if convicted. A DUI conviction can severely impair a person's personal freedom and livelihood, and the toughness of the Ontario County D.A. is but one example of the lack of tolerance the authorities have for this offense.

]]> In New York, if a defendant's blood alcohol content is found to be over 0.15 they can be charged with an aggravated charge. If the driver has a passenger under the age of 16 when arrested for DUI then they can be prosecuted under Leandra's law. They can also be subject to alcohol assessments and screenings.

Because of the severe penalties for DUI, it is important for the accused to know that they have the right to challenge the charges. A defendant is presumed innocent until proven guilty beyond a reasonable doubt, and is entitled to an aggressive criminal defense. This can include the ability to challenge the accuracy of any field sobriety, blood alcohol or breathalyzer tests, and to challenge the admissibility of any evidence or question any witnesses.

Source: MPNnow.com, "Ontario County District Attorney's Office honored for DWI Prosecution," Erinn Cain, Jan. 31, 2013