Some people carry a weapon for a sense of personal security. Other people may have tools in their possession for work or daily life that may seem like a potential weapon to law enforcement officials. Anyone accused of a crime while in possession of a weapon could face more serious charges and enhanced penalties. Police officers taking someone into state custody typically conduct a thorough search of that person beforehand to ensure that neither weapons nor contraband enter state facilities. If that search turns up something the police believe is a weapon, that can have a major impact on the ch ..read more

If someone is facing drug possession charges, their sentence may be lighter or harsher depending on the kind of substance they possess. To determine how harshly a criminal drug possession charge should be, drugs are categorized by schedules. Schedules are determined by the Controlled Substance Act, which classifies drugs based on a few factors, including the substance’s medical use and potential for abuse.  Here is what you should know about drug schedules: What are the 5 drug schedules? Drugs are categorized into one of five schedules. If a drug has limited medical uses and a high tenden ..read more

A lot of premeditated crimes of all kinds, but largely white-collar crimes, involve multiple people. Often, these people have very different levels of culpability in the criminal activity. They may not all even know or interact with one another. One or more may be the “ringleaders,” while others may have had little if any idea that what they were doing was against the law. Nonetheless, prosecutors often lump everyone into one case and seek to try them together. That can make things more efficient and less costly for the government, but it’s generally not in the best interests of those who had ..read more

Drugged driving in New York encompasses a broad spectrum of substances that impair one’s ability to operate a vehicle safely. Drugged driving can result from the consumption of illegal, over-the-counter or prescription drugs. Each of these substances can potentially alter cognitive functions, reaction times and decision-making processes. This makes driving under the influence of drugs dangerous for an affected driver and for others on the road as well. New York classifies driving under the influence of any substance that impairs one’s driving ability as a serious offense. The fact that legal s ..read more

If you drive a car in New York, you are considered to have already given consent to take a chemical test to measure your blood alcohol concentration (BAC) in the event that you’re arrested for suspected impairment. A police officer can request to conduct a breath, blood, urine or saliva if they arrest you for an alcohol or drug-related violation. Since you are deemed to have given consent to a chemical test by driving in the state, a post-arrest refusal can be unlawful. Note that a chemical test refusal is a separate violation from any impaired driving charges that may be levied against you. T ..read more

Theft and embezzlement are similar in many ways. Often, people think of embezzlement as just another type of theft. But these two crimes can also be significantly different. It is important for those who are facing charges to understand these differences because they may feel that the charges being leveled against them do not accurately reflect what took place.  The misappropriation of funds The biggest difference is that embezzlement involves the misappropriation of funds that the person was allowed to access, while theft involves the taking of funds or other assets that the person was n ..read more

Many people accused of breaking the law maintain that they did nothing illegal or that mitigating factors mean they had no criminal intent. However, they may feel as though they have few options for resolving the allegations against them. Some individuals who claim they did not break the law plead guilty because they worry about the consequences of a conviction. Others may decide to take their case to trial in hopes of proving that they did not really break the law. How can someone hoping to minimize the impact of upcoming criminal charges decide between negotiating a plea deal and taking thei ..read more

Money laundering is a complex white-collar crime. It involves intentionally falsifying information about the origins of someone’s financial resources. Typically, a business capable of securing a legitimate source of income cooperates with those who have illicit funds to make them appear legitimate. For example, funneling money obtained by selling drugs on the unregulated market through a convenience store can make the money look like legal, taxed income. Investigators may have a hard time identifying which businesses help those involved in regular criminal activity legitimize their funds. Thos ..read more

Drunk driving is a serious offense with far-reaching personal and legal implications if you are convicted. Even if you are not caught, drunk driving is a serious safety risk to yourself and other road users. Whatever you do, do not operate a vehicle under the influence of alcohol or other inebriating substances. If the police have reasonable suspicion that you could be drunk behind the wheel, they will pull you over for investigation. What you do, or do not do, during the stop can greatly impact the outcome of your case. That said, here are two mistakes you want to avoid at all costs during a ..read more

If you get pulled over because the police suspect that you are driving under the influence, your first concern is likely that you are going to get arrested. You may have to call someone and have them pick you up. It can damage your reputation, and you may end up having to pay fines or even lose your driver’s license. But for many people, their concerns go even further than this. They may be worried about their professional reputation or concerned that they’re going to get fired if they are convicted of those drunk driving charges. This could derail their entire career and, in this way, could c ..read more