Should you or a friend need advice on bail, contact a criminal defense attorney to learn how to make a strong and persuasive bail application.
Bail is one of the issues most often on the minds of a defendant and their family. Read Judah Fuld's recently published article which outlines the strategies for convincing a judge to release the defendant without bail or to set as low a bail as possible. You can click here to go to article. Should you or a friend need advice on bail, contact a criminal defense attorney to learn how to make a strong and persuasive bail application.
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The New York Penal Law[1] contains three categorizations of offenses: felonies, misdemeanors and violations. Felonies are the most serious and are subdivided into five classifications: A, B, C, D & E felonies. For the purposes of sentencing, A felonies are subdivided in to A-I and A-II felonies. A-I felonies are the most severe offenses, carrying a minimum term of imprisonment of 15 – 25 years and a maximum of a life sentence.[2] Of the nearly thirty controlled substance offenses and drug crimes, only three are classified as A-I felonies: (a) NY PL § 220.21 – Criminal Possession of a Controlled Substance in the First Degree, (b) NY PL § 220.43 - Criminal Sale of a Controlled Substance in the First Degree, and (c) NY PL § 220.77 - Operating as a Major Trafficker. The New York Legislature has classified these three offenses amongst the most serious criminal offenses which can carry a sentence of up to life imprisonment. It is worthwhile to take a moment to understand the elements and components of these three most egregious drug crimes. The first two A-I Drug Felonies are relatively straightforward, as they are the First Degree forms of Criminal Sale of a Controlled Substance and Criminal Sale of Controlled Substance. The interesting difference is that the minimum threshold weight of a Controlled substance for selling is only 2 ounces, which is a quarter of the 8 ounce minimum threshold weight needed for the A-I possession charge. A person is guilty of NY PL § 220.21 - Criminal Possession of a Controlled Substance in the First Degree in either of two ways, by knowingly and unlawfully possessing either:
A person is guilty of NY PL § 220.43 - Criminal Sale of a Controlled Substance in the First Degree when he knowingly and unlawfully sells either :
The final A-I drug felony is NY PL § 220.77 - Operating as a Major Trafficker. This statute is aimed toward those offenders who are involved in drug trafficking rings and organized crime. A person is guilty of Operating as a Major Drug Trafficker when he falls into one of three descriptions:
If you or anyone you know has been arrested for an A-I Drug Felony, you should immediately contact a Criminal Defense Attorney to discuss the case. The repercussions of a conviction are serious and can include a sentence of life imprisonment. Call today for a free consultation with one of our criminal defense lawyers to learn how we can help. [1] NY PL § 55.05 [2] NY PL §70.00 Prosecutors Who Can Read Minds? A look at New Jersey’s presumptive take on “intent to distribute”:1/17/2013 Generally, prosecutors can only charge a person with the intent to commit a crime if there is actual proof of that intent. For instance, to prove attempted robbery, a prosecutor must demonstrate that a suspect took an overt act to rob someone. However, in N.J.S.A. 2C:35-5, New Jersey has criminalized Possession of a Controlled Dangerous Substance (C.D.S.) with Intent to Distribute. Surprising to many, a prosecutor need not prove that the suspect transferred, sold or distributed the drugs in exchange for money or the promise of payment.[1] Seemingly, the prosecutor can go after a person for the intent to distribute without any direct proof of a suspect’s plan or overt act to sell or distribute the drugs. Instead, the New Jersey Legislature has decided that because intent is a state of mind and difficult to prove, intent can instead be gathered from evidence as to the quantity, purity, and packaging of the drugs[2]. The Legislature’s logic is that only a person who intends to distribute a controlled substance would possess the controlled substance in a large quantity, in packaging not conducive to personal use or in purity unique to distribution. This legal characterization of possession of a C.D.S. with intent to distribute has made it significantly easier for New Jersey prosecutors to crack down on drug dealers. One should therefore be aware that mere possession of a C.D.S. can invite much more serious charges if the quantity, purity, and packaging of the drugs can be used to prove the intent to distribute. If you or someone you know has been arrested and charged with Possession of a Controlled Dangerous Substance (C.D.S.) with Intent to Distribute, contact a Criminal Defense Attorney to learn more about the charge and discuss how to best prepare for the defense. Contact our office today to schedule a free consultation. [1] State v. Heitzman, 209 N.J. Super. 617, 621 (App. Div. 1986), aff'd 107 N.J. 603 (1987) . [2] See State v. Perez, 218 N.J. Super. 478, 482-486 (App. Div. 1987). Although the use of force against another person would normally be considered a crime, there are scenarios when it is justified and legal. Justified force is more commonly referred to as “self-defense”. It is important to understand when one can use force and/or deadly force in self-defense. These principles are particularly relevant when the actor has been accused of assault, homicide or similar crimes and these justifications serve as the defense in the criminal prosecution. New York Penal Law § 35.15 details the circumstances in which using force is justified. In defending one’s self or a third person, the statute permits a person to use physical force only to the extent he or she reasonably believes necessary to defend one’s self or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person. However, force cannot be used if the person defending was the initial aggressor. If someone started a fight, he or she is not justified in using further force when the other person fights back. Additionally, force can only be used to the extent necessary. Once the threat has been eliminated, the use of force must stop. Any further use of force can be deemed illegal and result in an arrest. As a general rule, even when the use of force is justified, deadly force is still illegal. The use of deadly force in self-defense is justified only when a person encounters the use or imminent use of unlawful deadly force. New York, however, maintains a duty to retreat. Under this duty, a person is prohibited from using deadly force if one can retreat with complete personal safety to oneself and others. There are only two exceptions to the duty to retreat. A person may stand their ground and use deadly force in self-defense when: (1) the person is in his home and was not the initial aggressor; or (2) the person is a police officer or acting at the direction of a police officer. In addition, the legislature has set forth certain limited situations in which a person can use deadly force even where there is no use or imminent use of deadly force against him or her. Deadly force can be used when one reasonably believes that the other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery. If you have been accused of a crime and believe that any actions you took were in self-defense, you should contact a Criminal Defense Attorney. This post merely scratches the surface of self-defense law and any affirmative defense should be discussed with an experienced Criminal Defense Attorney. Often times, a person's first contact with the legal justice system begins with an arrest. The unexpected nature of an arrest can leave a person unprepared to deal with the complex legal system. It is crucial that you understand the rights that attach as soon as an arrest is effectuated. Often, an arrest begins with a phone call from a precinct or police headquarters. In the most common scenario, a police officer calls and asks a person to come down to the station to be asked a few questions. Don’t be fooled by this seemingly innocent request. If the person goes to the precinct, he or she will most likely be arrested. Instead, the person should take this opportunity to contact a Criminal Defense Attorney. If there is a warrant for the person’s arrest, the attorney can talk to the police and inquire as to the basis for the warrant and even negotiate a convenient time to surrender. Once a person is taken into police custody and interrogated, the police are obligated to inform him or her of certain rights, known as Miranda rights. Miranda v Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed 2d 694 (1966). These constitutional rights stem from the protections guaranteed by the Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel. The police must inform the suspect that he or she has: (1) The right to remain silent; and (2) The right to an attorney. If the suspect cannot afford an attorney, one will be provided. Notice that there is no right to a phone call. Despite the portrayals on TV, there is no right to make a phone call. Therefore, it is even more crucial to know your rights. Now that you know your rights, let’s take a look at how to a person should effectively assert these rights once arrested. First, ask for an attorney! Whether or not you have retained an attorney, asking for an attorney will cease all questioning until your attorney arrives or until one is eventually provided (likely at arraignment). Second, do not make any statements to the police. Aside from your name address and date of birth, you should not tell the police anything because any statement will be used against you. Police will often try and convince you to talk by offering to “help you out” if you tell them “what happened.” Experience has shown that this is a ploy to extract an incriminating statement. By keeping quiet until you have the assistance of an attorney, you will help you set your case in the right direction and help ensure the most beneficial final resolution. To learn more about your rights, contact one of our Criminal Defense Attorneys. How you respond in the moments after your arrest sets the tone for the remainder of your case. |
Fuld Disclosure
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