Pharmacy robberies have climbed all across the country, and in Long Island alone, two such robberies resulted in six deaths.  The drugs of choice are narcotic pain killers, like oxycodone. They are highly addictive, and some addicts are willing to do just about anything to keep their supply coming.

Local pharmacies have taken to bolstering their security measures in light of the growing robberies. Installing panic buttons, cameras, and bullet proof glass are just some of the ways that pharmacists are fighting back and hoping to deter would-be robbers.

Some have even stopped carrying the pain killers that robbers would go after, opting to turn away some people with legitimate needs and pain management issues rather than run the risk of attracting armed criminals.

On June 19^th, a clerk, pharmacist, and two customers were killed as a man stole thousands of pain pills from Haven Drugs in Medford. On New Year’s Eve, a federal agent who was picking up his father’s medication was killed when he tried to stop a robbery in progress. The robber, a retired police lieutenant who had recently been released from prison, was also killed.

Last year, on Long Island, there were at least a dozen of these robberies. In New York State, between 2006 and 2010, the number of pharmacy robberies jumped from 4 to 30. Nationally, we saw a jump of 79% during that same time period.

The growth in these robberies is directly related to the growing prescription drug addiction problem in this country. Prescription pain killers, like oxycodone, are highly addictive and have become the drug of choice for many. But when the doctor stops refilling your prescription or when your supplier dries up, where do you turn?

Many pain clinics, or pill mills, sprouted up across the country as a way to unethically issue prescriptions to addicts. They were simply getting their piece of the pie, making money off of the addiction. But lawmakers are cracking down on these clinics, which are more populous in southern states like Florida and Georgia.

Those people robbing pharmacies are likely addicted to the pills themselves, though they could also be dealers looking to replenish their supply. These pills can bring a hefty price on the street.

Pharmacists are being more vigilant, wiping counters throughout the day in hopes of collecting prints if a robbery does go down, installing better cameras and alarm systems, and simply being more alert to their clientele.

When you have an addiction, you can sometimes be motivated to commit offenses you wouldn’t otherwise. Sometimes, if caught, this presents a chance for you to get help. If you are charged with a criminal offense, whether its drug related or not, we may be able to help. Contact our offices today to discuss the details of your case and what can be done.

In an agreement with prosecutors, former NYPD narcotics detective Stephen Anderson a testified in court that numerous officers and even supervisors in the division he worked for would set up innocent people in order to make arrest quotas. Charged with planting cocaine on four men in a Queens bar, Anderson admitted he was trying to help our a fellow narcotics detective who’s numbers had been low.

“Tavarez was…was worried about getting sent back to patrol,” Anderson testified. To help him out, Anderson gave Tavarez the cocaine so he could take credit for a “buy and bust”, something Anderson said was common, according to the NY Daily News.

Anderson had made two legitimate arrests and apparently made it clear he wasn’t going to share those with Tavarez. “As a detective, you still have a number to reach while you are in the narcotics dvision.”

This isn’t the first time arrest quotas have caused a problem. Quotas aren’t even supposed to exist precisely because they encourage unlawful arrests and behaviors like the scene Anderson described.

Anderson’s testimony came in an effort to prove that the conduct in this specific case wasn’t a one-time deal. The judge asked if t Anderson had seen this sort of practice frequently, to which he replied, “Yes, multiple times.” He went on to say “It was something I was seeing a lot of, whether it was from supervisors or undercovers or even investigators.”

The case stemmed from a false arrest suit by two brothers who were arrested by Anderson and Tavarez. The city paid the men $300,000 to settle the suit after a video tape showed they had been set up.

When the pressure is on officers and detectives to be “productive” it’s usually directly related to how many arrests they are producing. An officer who makes many arrests appears to be more proactive and busy than one who doesn’t. But this isn’t always the case—an officer who takes the time to build good cases might not have the same number of arrests as one who is simply racking up the numbers.

Unfortunately, in all of this, it’s the innocent citizens who lose out. When Anderson was asked by the judge if he gave any thought to the citizens in these situations, he said, “It’s almost like you have no emotion with it, that they attach the bodies to it, they’re going to be out of jail tomorrow anyway; nothing is going to happen to them anyway.”

This story and revelation is alarming. And it begs the question, how common are such practices—not just in the narcotics unit but elsewhere throughout the department and even across the country?

If you are charged with a crime, there is always the possibility that you are innocent. The prospect of convincing a judge or jury of this fact can seem daunting. With a local defense attorney on your side, it is possible.

Contact our offices today for a consultation on your case and to find out what we can do to help.

The NYPD has lightened enforcement of marijuana laws when it comes to personal possession. But not everyone is on the same page. As this article in the New York Times shows, parents are losing their children to the foster care system on allegations of neglect, often when they were found with a trivial amount of marijuana.

In New York, possession of 25 grams or less of marijuana is considered a “violation”, similar to a traffic ticket. It is not a criminal offense, though possessing it is against the law. But the NYT discusses several cases where a parent was found with less than 25 grams of pot and lost their children. The reason? Because New York City’s child welfare agency doesn’t make that same 25-gram designation.

One man, who was staying in a homeless shelter with his child, lost custody of the 1 year old when a worker there found a $5 bag of marijuana in his belongings. The child welfare officials justified the removal of the child stating the father once had alcohol on his breath and the baby wasn’t always sufficiently clothed. If beer-breath and a diaper-only clothed child was enough for neglect to be established, I know many parents who would have lost their children long ago.

State law says if a parent repeatedly misuses a drug, it is considered neglect. It doesn’t matter what type of drug it is. Also, if they have “substantial impairment of judgment”, there is neglect. The agency doesn’t have to catch the parent high or actually find any drugs at all. Merely admitting you once used marijuana could be enough to open a neglect investigation.

One woman, whose home was searched by police, was reported to the child welfare officials when the cops found 10 grams of pot. It wasn’t enough for a criminal charge, but she did lose her kids.

If officials are willing to take children away for a small amount of marijuana, you can bet they will look into cases where larger quantities and where other substances are found. The police typically report their findings to the agency when there are children in the home or present at the discovery of the drugs.

A criminal possession charge, regardless of the substance, can have lasting effects. Not only could you go to jail, pay fines, and lose your driving privileges, you could lose your children and find it hard to locate a job with a conviction on your record.

Anytime you are accused of a criminal offense, a criminal defense lawyer can be your advocate in the system, fighting for your rights and defending your good name.

The title is nothing to brag about but it’s official, with recent numbers stating the Big Apple gets about 15% of its arrests from marijuana offenders, the city is officially the “marijuana arrest capital of the world,” according to the Drug Policy Alliance.

Low level marijuana arrests account for the greatest number of arrests by the NYPD. In 2010, police there arrested 50,383 people for low level possession charges and this has nothing to do with increased pot usage, merely stricter enforcement.

City officials have cracked down on marijuana use over the past several years, with 2010 marking the 6^th year that arrests increased, despite use peaking in 1980. Mayor Bloomberg’s administration has been the most active ever in marijuana enforcement.

So, who’s being arrested? Well, about 70% are under the age of 30 and 86% are Black or Latino, even though marijuana is more prevalent among whites. Most are arrested, brought to the station and booked, held for about 24 hours before being arraigned and released. Imagine the financial strain this puts on the local system.

Considering we are talking about low level possession charges, officers are spending a lot of time for a few grams of pot when they could be addressing public safety crimes instead.

But wait—isn’t pot possession an infraction in NYC? This is where the NYPD gets clever. Possessing a small (25 grams or less) amount of marijuana is only an infraction, a fine, not a crime. However, if you posses even a small amount of pot in public view it’s considered a misdemeanor.

So, if an officer asks a suspect to empty his pockets and he complies (as most people do), any marijuana that was in his pocket is now “in public view” and the suspect is subject to arrest and criminal charges. Seems like a big hassle for a little bit of weed right?

Why the crackdown on such low level possession charges? It’s really anyone’s guess though the practice is obviously racially biased. It could be that the NYPD wants people to know they are in their neighborhoods and not afraid to make arrests for even the smallest violations, hoping to deter the bigger crimes. But the costs of this approach outweighs any small benefit in deterrence.

Several organizations including the Institute for Juvenile Justice Reforms and Alternatives, and the Drug Policy Alliance are asking the NYPD to end their fruitless crusade against low level pot offenders and to reestablish the integrity of the 1977 marijuana decriminalization law.

In the meantime, the NYPD will no doubt continue arresting people for possession and be on target for another year of massive marijuana arrests.

If you are facing charges of marijuana possession or even trafficking in New York, we may be able to help. Contact us today for a free consultation on your case.

According to a story in the Huffington Post this week, accidental overdoses are up across the country, surpassing death by motor vehicle accidents in 16 states including New York. The legislature is now looking at two very different bills to address the growing problem.

The first of these bills takes the old “tough on crime” approach. The approach that has led us to the losing “War on Drugs” and little but soaring corrections costs. It would hold the drug dealer accountable if a user died by overdose—charging him or her with manslaughter.

While the motivation may be admirable (holding someone accountable for overdose deaths), the bill would do very little to actually fix the problem. It would punish but not prevent—like so many other current drug laws. It wouldn’t prevent someone from accidentally overdosing and certainly won’t reduce drug sales. And as happened in a recent drug case in Massachusetts, these “get tough” charges of manslaughter by drug sale are often selective and unfair.

The other pending legislation, one supported by this piece from the Huffington Post, is said to focus solely on prevention. This bill encourages people to notify authorities if they see a potential overdose in progress. The bill applies to both drugs and alcohol overdose and lawmakers hope it would eliminate some of the fear that people have when debating whether to call authorities.

This overdose prevention bill would also reduce liability for possession for the whistle-blower, or the person that calls for help. In other words, if you are partying with a friend and you see them begin to show signs of distress, under this new legislation, your penalty for possessing any drugs at the scene could be reduced or eliminated because you tried to get help.

When it comes to drug laws, lawmakers are beginning to realize that draconian laws are not helpful. Sending people to prison for long periods typically only serves as a temporary solution—and one that costs taxpayers millions annually.  By focusing on prevention and treatment instead of punishment, addicts may be able to get the help they need to kick a bad habit for good.

Just as New York repealed the Rockefeller drug laws of the 1990s, it’s hoped they will continue to see the value in prevention and treatment based drug legislation. However, it isn’t clear just how long these attitudes will take to truly change the system.

Currently, if you are facing charges of drug possession or intent to distribute, you are at risk of serious penalties that include jail time.

Last year, New York changed some of the most historically harsh drug sentencing laws in the country. Known as the Rockefeller drug laws, they were enacted during the tough on crime 1970s. However, tough on crime wasn’t necessarily effective, locking people up for lengthy sentences on non violent crimes.

Many of the mandatory minimum sentences that were part of these laws were changed last year, saving the lengthy prison sentences for only the worst drug offenders. People accused of possession or people without a criminal record are far more likely to not serve time under the new laws, as it should be.

However, for every move forward, there are people challenging the progress. A few weeks ago in the New York Daily News, an article highlighted the most common complaints about the new laws, citing Special Prosecutor Bridget Brennan as one of the harshest critics. Her, and others’, concern is that the new laws are allowing big time drug dealers to walk on their charges, serving minimum sentences or none at all in exchange for drug treatment.

When the Rockefeller laws were repealed, many people received shortened sentences and some who had previously been subject to prison time were now given the option of drug treatment. Treatment is reserved for the drug addicted though and Brennan states that some high-level dealers are skirting the system by claiming an addiction that simply doesn’t exist.

Judicial diversion is an alternative sentencing practice that allows a drug offender to admit guilt to the charges against them and complete drug treatment. This is in exchange for the charges being dropped in effect. Brennan’s office seems to have objected to nearly half of the defendants applying for judicial diversion, evidence of her opposition to the program.

She states heroin dealers are claiming to be addicted to marijuana to get treatment in lieu of jailtime. However, the ultimate decision to grant diversion is the judge’s and one that the judiciary no doubt takes very seriously. Diversion staff and judges together aren’t new to detecting cons and lies and likely have a pretty good handle on who is trying to bilk the system.

Anthony Papa, communications specialist for the Drug Policy Alliance claims Brennan is exaggerating the problem, “taking on case and blowing it up”, when she mentions specific dealers who got off with treatment. Because of the philosophy and traditional means by which her department works, this wouldn’t be surprising.

The system should save incarceration for only the most dangerous and unmanageable convicts. Drug users, particularly those suffering from addition, shouldn’t have to spend lengthy periods behind bars where their addictions won’t likely be helped.

If you are facing drug charges and want an attorney to explore all of the potential options available to you, including judicial diversion, contact us today for a defense consultation.

It’s been about a year since major changes were made to the state’s laws regarding drugs. Once held under the strict Rockefeller laws, the state made a move towards rehabilitation and away from lengthy incarcerations for nonviolent drug offenders. So, one year later—what’s happened?

According to the Ithaca Journal, 72 inmates and parolees prosecuted by the New York Special Narcotics Prosecutor applied for resentencing. Seventeen were denied, nineteen were resentenced, and others were still being considered.

The new laws eliminated some strict mandatory minimum sentences, allowing judges more discretion in sentencing. Now, rather than sentencing a first time non-violent offender to a lengthy prison sentence, judges can take their potential success in a drug treatment program into consideration.

Before the laws changed, critics worried these resentenced inmates would just return to the system after being released. Interestingly, the recidivism rate for those released is currently at 7%, far below the state’s average of 41%.

Prior to the changes, judges were required, in some cases, to sentence an offender to harsh prison time even when they believed the punishment didn’t fit the crime. These mandatory minimums are a frequent topic of conflict in legal circles. Now with their discretion restored, judges have far more latitude.

A judge should be able to take the little things into consideration when determining a sentence. Not every crime and not every defendant is the same and their sentences should reflect that. One tool judges use and can now use more readily to determine a sentence is the presentence report.

These reports use background information including employment, criminal history, and community ties to determine if a defendant is a good candidate for probation. Typically written by a probation officer, the judge can now take the information from the report into greater consideration.

If you are facing drug charges in New York you stand to benefit from these new laws if convicted. While no one wants to be on probation, it is far more preferable than a lengthy prison stint. However, the sentence you face also depends on your particular charges.

Contact us to discuss the charges against you and to get some legal advice.

In a story that may not be surprising to many, the New York Times revealed this week that blacks in NYC are far more likely to be arrested for marijuana possession than other racial groups despite the fact that white New Yorkers are more likely to be marijuana smokers. In addition, overall arrests for possession of pot are up under Mayor Bloomburg.

According to the Times report, the lowest level marijuana arrests are up 50% when compared with years that Giuliani was in office. Eighty seven percent of the marijuana arrests last year involved African Americans or Latinos.

Harry G. Levine, from Queens College, is quoted as saying “In one year…Bloomberg made more pot arrests than in 18 years of Koch, Dinkins, and Giuliani combined.”

Further widening the racial divide is how the case is handled prior to a first court appearance. Blacks are more likely to spend the night in jail for a minor marijuana offense while whites are more commonly released pending their first appearance.

While possessing a small amount of marijuana is considered a violation and not a criminal offense, if you have that marijuana out in public view, it becomes a misdemeanor offense. Smoking a joint in public can have a far greater impact than simply being caught with a small amount in your pocket.

Regardless of who you are or how you look, facing criminal charges can be a sobering experience. Whether you are a minority or not you may be worried about the system treating your fairly. And as the Times report reveals, you would be right to be concerned.

Putting your confidence in a defense lawyer can assist you during this difficult time. Possession of marijuana is a common charge that we see all the time in the NY criminal courts. Though the public’s attitude towards weed is somewhat lenient, the law isn’t always that way.

If you are facing possession or marijuana charges or any other drug charges in New York, contact me immediately to discuss your case. Together we may be able to get your charges reduced or dropped altogether. Call me today for a free consultation.

An undercover officer with the NYPD went on a shopping spree of sorts over the past several months, according to the Daily News, buying drugs and guns in an effort to take down a ring operating in very close proximity to a school.

Four men are in custody and three additional are being sought in this case that involves drugs and high powered firearms.

All seven men are facing charges of dealing ecstasy and cocaine as well as selling 27 weapons, including semi automatic pistols and assault rifles. Sgt. Patrick Mulcahy states these weapons “were definitely used street guns.”

Twenty one year old Marcel Navarro, twenty year old Juan Lopez, twenty four year old Christopher Navarro and Kenny Grullon, twenty years old, are the four currently spending time in jail. The three on the lam are known only as their monikers: Pimples, Shorty, and Chocolatey.

Over the past ten months, the undercover agent was able to make purchases from the men who were operating near PS 98 on West 212^th Street. While their exact charges are currently unknown, chances are they will face elevated charges due to the location of their operation in regards to the school.

There are many factors that can make serious criminal charges even more serious. Where they occur is just one of these factors. Being accused of selling drugs near a school can seriously impact the charges against you.

Whether facing charges of criminal possession of a firearm or possession of marijuana, you want to be certain you are exploring all of your options. Having an aggressive defense attorney can help.

I have handled many drug cases in New York criminal courts and I would be honored to assist you with yours. Contact me to discuss the details of your case.

A national trend is being noticed in Albany. Heroin usage is up as evident from numbers out of hospitals, treatment facilities, and District Attorneys offices. This cheap but potent drug is on the rise once again and police are taking note.

According to the Times Union, community leaders include District Attorney David Soares are doing their part to make the people aware of what is, once again, a growing problem. The growing number of users seems to be coming from the suburbs where heroin was traditionally an inner city drug in the past.

St. Peter’s treatment center is said to have seen a 42% increase of heroin cases from 2007 to 2008. Overall, in New York State, the jump was 5% from 2007 to 2009. This is a trend being seen across the country in large cities, small towns, and suburbs alike.

D.A. Soares states his belief is that the growing cases of prescription drug abuse within the suburban communities are introducing both adults and children to opiates. This leads them to seek out heroin, a cheaper and often more available opiate high.

Also credited with the rise: the cost. Heroin has always been considered a cheap high when compared with things like cocaine, but the pricing differences have become even more pronounced over the past few years.

In addition to filling treatment beds, heroin usage can also fill jail cells and the courts. In our state, there is no misdemeanor possession charge applicable for heroin. If you are caught with heroin, you will be charged with a felony.

The least serious charge you can face for possession of heroin is a 4^th degree non violent felony. This classification is considered a “C felony” and carries up to 15 years in prison.

Drug charges should always be taken seriously.  Even what appears to be the most minor drug charge can end up changing your future.

If you are facing any drug charges in the state of New York, I may be able to help. Contact me for a free consultation on your case today.