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New York Criminal Defense Blog

Is it dangerous to take drugs before driving?

You may be well aware of the dangers of drinking and driving in New York. However, you may not realize that taking drugs before you get behind the wheel is also dangerous.

Because you do not often hear stories about car crashes caused by drugs, you may think these incidents are not common. According to the National Institute on Drug Abuse, the most recent statistics suggest that drugs are involved in about 11 percent of fatal car accidents. However, it is difficult to understand the exact connection between drugs and collisions. One of the reasons for this is that sometimes people drink alcohol and take drugs before driving. Additionally, sometimes people already have a blood alcohol level higher than the legal limit and when this is the case, law enforcement does not always perform a drug test. 

The life altering consequences of a drug trafficking conviction

If you are charged with selling, transporting or importing controlled substances in New York you can face severe financial penalties, a ruined reputation and imprisonment. A conviction may stay on your permanent record. At the Law Office Of Scott G. Cerbin, Esq., PLCC, our team has experience representing clients charged with drug crimes including possession and trafficking.

A felony drug charge can irrevocably change your life. You may lose your driver’s license and be disqualified for many types of jobs. According to FindLaw, the punishment for violating the drug trafficking and distribution laws varies, depending on the following:

  • Type of drugs involved
  • Quantity of drugs found
  • Geographic area of distribution
  • Whether children were targeted

What constitutes tax evasion?

As a New York taxpayer, you likely have a healthy respect for the Internal Revenue Service, if not an actual fear of this all-powerful governmental entity. You likely also do everything possible to make sure you file your taxes every year by April 15 and pay whatever taxes you owe.

Whether you compute your own taxes or hire a company to prepare them for you, however, you probably occasionally worry about what will happen if you or your tax preparer makes a mistake. Will the IRS charge you with tax evasion? As FindLaw explains, the answer is “no.” Tax evasion applies only to deliberate attempts you make to understate your income or overstate your deductions – and rests on the government’s ability to prove it.

Harlem man facing murder charge for shooting pizza deliveryman

In Harlem recently, a 37-year-old immigrant from the Dominican Republic who worked as a delivery person for Papa John's was shot and killed as he rode his bicycle to the pizza shop.

The deliveryman was killed on Wednesday, Aug. 29, at approximately 10:30 p.m. His alleged attacker, 29, was arrested on Sept. 1 and charged with murder, assault, weapons charges and menacing. The Harlem man's arraignment was scheduled for later that same day.

What is a Ponzi scheme?

If you face federal charges in New York for securities fraud, this represents a highly serious matter. If convicted, you could receive a life sentence in federal prison plus a fine of many hundreds of thousands of dollars.

Money.com explains that financial fraud charges can cover a wide variety of specific crimes. One of the most notorious, however, is the Ponzi scheme, named for Charles Ponzi, a 1920s’ Italian immigrant who perpetrated a scheme involving international reply coupons.

Understanding New York's assault laws

At the Law Office of Scott G Cerbin, Esq., PLLC, in New York, we find that many of our clients facing assault charges have no clear idea of what the charges mean or what the prosecutor must prove in order to convict them. Given that New York law provides for four separate categories of assault, it is not difficult to understand why such confusion exists.

As FindLaw explains, per Sections 120.00 through 120.12 of the New York Penal Code, you can face four different degrees of assault charges as follows:

  1. Third degree assault – Class A misdemeanor
  2. Aggravated assault of a minor under 11 years of age – Class E felony
  3. Second degree assault – Class D felony
  4. First degree assault or aggravated assault on a law enforcement officer – Class B violent felony

Top 5 surprising crime facts

At the Law Office of Scott G. Cerbin, Esq., PLLC, in New York, we know how difficult your life becomes when you face criminal charges. No matter what the charge, your freedom likely is at stake. In addition, not only could you face a substantial prison sentence if convicted, you likewise could face payment of a substantial fine.

People across the nation continue to list crime as one of their biggest concerns. The Pew Research Center, however, recently released the results of its study showing that crime may not be as bad in the U.S. as people think it is. Here are their top five findings

How serious is swatting?

Whether you enjoy online gaming or debating, or you have a teenager who likes to play jokes with friends, you understand that the temptation to play a prank is sometimes too great to resist. Some pranks are not only illegal, but can be deadly as well, which could land you or your child in legal hot water. You and other New Yorkers need to understand the serious ramifications of the prank called swatting.

Swatting is named for the prank’s intent of drawing SWAT teams or armed law enforcement to a person’s house after a prankster makes a false call to authorities. You may remember an incident last December that resulted in the death of a Kansas man. As the Huffington Post recaps, the man was shot by police when they mistakenly thought he was reaching for a weapon. He had been the unintended target of a swatting prank after an online gaming dispute.

Drunk driving can lead to a host of charges in New York

People who drive in New York are expected to be fully sober and able to make the decisions necessary to operate a motor vehicle. When they aren't, there is a chance that they will be pulled over by a police officer and arrested for drunk driving. Another possibility is that the driver will be involved in an accident, which can start a difficult criminal justice process.

There are several important things to remember about drunk driving in this state. Whether you are currently facing criminal charges for impaired driving or just trying to increase your knowledge, here are some points that you might find interesting:

How does New York characterize drug trafficking?

If you face drug trafficking charges in New York, this is a highly serious crime, and you face substantial prison time and fines if the prosecutor convicts you. As FindLaw explains, New York has some of the toughest drug laws in the country, including five separate categories of selling a controlled substance, all of which are felonies.

It may shock you to learn that the prosecutor need not prove that you actually possessed the drugs you allegedly sold. Nor must (s)he prove that you knew the exact quantity of drugs you allegedly sold or even that you actually consummated the sale. All (s)he must prove to convict you of drug trafficking are the following four things:

  1. You sold a controlled substance
  2. You knew it was a controlled substance
  3. You intended to sell it
  4. You had the ability to sell it

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