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New City Criminal Defense Law Blog

New York woman faces drunk driving charges

If one is arrested and charged with drunk driving, the state may bring a case. It is in one's best interest to know what to expect from the prosecution to defend themselves.

In DUI cases, the observations of the officer who pulled one over are a critical part of the prosecution's case. For example, one New York woman was recently charged with drunk driving when an officer alleged that she was swerving back and forth. Allegedly, the officer smelled alcohol on the woman's breath.

What are the penalties for selling drugs in New York?

All across the country, the police arrest people for allegedly using, possessing, selling and manufacturing drugs. Each of these crimes is different and involves different penalties. Drug arrests may lead to drug charges and convictions. If you have been arrested or charged with a drug-related crime, you should be prepared for what lies ahead.

Drug distribution and manufacturing is generally a more serious than using and possessing. The state of New York in particular has some of the toughest drug distribution laws in the country. The severity of your penalties will depend on the type of drug you were selling and your past criminal record. Generally, in New York, any sale of a controlled substance is classified as a felony. Fifth-degree sale of a controlled substance is the mildest offense, but first-time offenders can still receive one to 2.5 years in prison. First-degree sales can result in eight to 20 years in prison and five years of supervision for minor drug traffickers. However, major drug traffickers can face 15 years to life in prison. Fines for drug traffickers can range from $5,000 to $100,000.

What is larceny?

In New York, and a number of other states, larceny is a term used to refer to the crime of common theft. While robbery and burglary are forms of property theft, larceny is its own separate crime. Petty larceny refers to smaller property thefts with property valued at $1,000 or less and can result in up to one year in jail. Grand larceny, on the other hand, involves the theft of higher value items and can result in anywhere from one to 25 years in prison, depending on the value of the item. Typically, stealing items ranging from $1,000 to $3,000 will result in a 4th degree felony, whereas stealing items worth $1 million or more will result in a 1st degree felony.

If you were arrested and charged with larceny, the prosecution will have to prove a number of elements to have you convicted and sentenced. First, they will have to show that you unlawfully took someone else's property. In New York, you must have taken the property away or control of the property so that the owner can no longer use it. Next, they must prove that you had the intention of permanently stopping the owner from using or enjoying the property. If you planned to give the property back to the owner, there is no requisite intent. Lastly, if you had consent from the owner to take the property, the prosecution will not be able to establish larceny.

Former Mets player arrested for DUI

Police officers go to extremes to make sure that people do not drive while intoxicated. However, not all drivers facing DUI charges are guilty. Former New York Mets player and current minor league manager, Jesus Feliciano, was arrested under suspicion of driving under the influence, but is contending that he was wrongfully arrested.

Feliciano was allegedly operating a vehicle that was weaving on the interstate. The police pulled Feliciano over after he exited on to a city street and arrested him for drunk driving. The arrest occurred the night before Game 1 of the league championship series for Feliciano's minor league team, Emeralds of the Northwest League.

Our criminal defense attorneys are available to assist you

Police officers everywhere are cracking down on crime. Whether it be drug possession or assault and battery, all criminal charges can lead to serious consequences and should be taken seriously. If you have been charged with a crime, you need a knowledgeable New York attorney to handle your case and get you the best results possible. The attorneys at Braunfotel & Frendel LLC are experts at criminal defense and can help you with your case.

Criminal cases often rest on two things: the prosecution's ability to prove your guilt and our ability as your defense attorneys to poke holes in the prosecution's theory. In order to prepare our defense strategy, our experienced team will anticipate the prosecution's strategy and find ways to dispute their arguments. For example, if the prosecution is claiming that you were at the scene of an assault when you were not there, we will contact someone who was with you at the time of the incident and have them testify as your alibi. If the prosecution tries to use illegally obtained evidence, we will make sure to get it thrown out of the case.

Three New Yorkers charged for using counterfeit money and theft

When many people think of theft crimes, they picture someone breaking into a store or home and taking items that do not belong to them. They may not think of all the intricacies of these alleged thefts. For example, three New Yorkers allegedly used counterfeit money to pay for multiple items from Home Depot. These people were spotted on surveillance camera footage for walking out of the store with nearly $1,500 worth of multiple drill kits.

One of the three people supposedly returned to the store three days later and paid for a nearly $400 fuel kit and a $299 brush kit with nine $100 bills. Loss prevention officers recognized the man and called police. When police approached the man, he was close to his vehicle where the other two people were sitting.

Police arrest woman for drug possession during traffic stop

Even a routine traffic stop can lead to serious misdemeanor and felony drug charges. Many drug arrests occur when an officer pulls a vehicle over for a standard traffic violation and ends up finding drugs in the vehicle.

A 23-year-old New York City woman is facing two felony counts of possession of a controlled substance after police stopped her vehicle for multiple traffic and vehicle violations. As officers questioned the driver and passengers, they allegedly spotted drugs and drug paraphernalia in the vehicle. During the investigation, the officers found that another person in the vehicle reportedly had almost 20 grams of crack cocaine in their possession.

New York ranks 29th on list of strictest DUI states

According to the National Highway Traffic Safety Administration, drunk driving is responsible for the deaths of close to 10,000 people each year. As a result, law enforcement officials in New York and all across the country are doing everything they can to penalize drivers for driving under the influence. Drivers convicted of a DUI or DWI can face substantial fines, jail time, mandatory alcohol assessments, automatic license suspensions and mandatory installation of ignition interlock devices in their vehicles. A convicted driver's penalties will vary based on the number of convictions the driver has had, the driver's blood alcohol content at the time of the accident and whether anyone was injured or killed.

WalletHub recently conducted a study to find out which states have the strictest DUI penalties. The study named South Dakota as the most lenient state and Arizona as the harshest state when it comes to DUI penalties. New York ranked 29th, placing it close to the middle of the list.

Man charged with shoplifting baby formula from Costco

When someone is accused of taking property that does not belong to them, they may be charged with theft. Many criminal theft charges stem from retail theft, which costs companies millions of dollars each year. A New York City man was charged with shoplifting after stealing baby formula from a Costco store.

According to police, store managers and staff in multiple locations reported that the man was a part of a shoplifting scheme involving a woman and that they had allegedly run the scam multiple times this year. The woman was seen on the surveillance video making a small purchase and then going to the bathroom. She hid her purchase and walked out. The man later walked in and filled his cart with baby formula but did not pay for it. However, he allegedly used a receipt to show that he paid for it.

Current discovery rules make criminal defense more challenging

If you have been charged with a crime, you and your attorney will work together to come up with the best strategy to present your case in court during trial. A strong criminal defense can result in the lessening of your penalties or the dismissal of your charges. However, New York prosecutors may make things more difficult for defendants to defend themselves.

In New York, as well as in nine other states, discovery rules allow prosecutors to wait until immediately before the trial to turn in key evidence, such as witness names, witness statements and video surveillance footage. This evidence is generally supposed to be turned over to the defense upon request, but many New York defense attorneys argue that prosecutors often delay handing it over or ignore the request altogether.

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