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Just as New York repealed the Rockefeller drug laws of the 1990s, it’s hoped they will continue to see the value in prevention and treatment based drug legislation.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.

In two Bronx housing projects this week, local and federal law enforcement swept down to sweep up a major drug problem. Fifty three people have been indicted for various drug and weapons charges following the bust, and at least several gang members.

Melrose Houses and the adjacent projects, Andrew Jackson Houses, have experienced a surge in gang related violence over the past several years, according to this report from the New York Times. With one gang running their drug operation from Melrose and the other from Andrew Jackson it was like two competing businesses being right next door to each other.

Commissioner Raymond W. Kelly is reported as estimating the annual income of these drug gangs to top $3 million, an amount that many people would fight over.

It seems the drugs of choice were heroin and crack cocaine as officials were said to have recovered 1,000 baggies of heroin, hundreds of grams of crack, and $18,000.

While some of the arrestees are facing federal charges for their role, the majority will be charged in the New York state criminal courts. Considering the vast network they were acting in, many are likely at risk of fairly length prison terms.

Residents of those projects are optimistic that this may lead to a drop in violence and the open market of drugs that plagued their community.

Most drug charges that we see on a consistent basis are nothing like those described in this news report. The vast majority of drug charges are against small time dealers and recreational users. Many people can fit into these categories and they aren’t always the gang bangers and hooligans that some think.

Distribution charges can carry very serious repercussions. However, possession charges need to be taken seriously as well. Depending on the circumstances, possession of a controlled substance could carry up to 3 years in prison.

As your defense attorney it would be my job to take a look at all the facts of your case and come up with a strategy. Perhaps we can challenge the search that netted the evidence against you. We may also be able to work out a deal with the prosecutor.

If you are facing any type of drug charge in New York, I can help. Contact me today to discuss your case.

Heroin is making a comeback across the country and as it does, a subculture of addicts and self-proclaimed “gutter punks” is moving into the Williamsburg community.

This article from the New York Times points out residents in the “trendy Brooklyn community” are not too happy about their new neighbors. Empty lots and vacated developments have become home to groups of squatters that make their money panhandling in the city during the day and partying at night.

Heroin had its first big wave of popularity in the late 1970s but is currently on the rise again as the highly addictive drug is more potent and cheaper than ever. Some cities around the country are amazed as this older drug is seeking to replace prescription drugs as the recreational vice of suburban teens.

A cheap and powerful high, heroin is highly addictive. Although this page from the National Institute on Drug Abuse contains slightly outdated statistics, it does give a good background on the drug and the dangers associated with it.

The young adults featured in the New York Times article are said to be able to make around $15 per hour by begging for money on the streets. When night comes, they gather at one of the many squatter refuges in Williamsburg to party with their friends.

As the city sees a rise in heroin use on the streets, we will also see a rise in criminal heroin cases. Minor possession charges aren’t so minor when the drug of choice is something as potent as heroin.

If caught in possession of heroin you will be charged with a felony in the state of New York. This drug is considered a serious risk and is treated as such in the criminal courts. Knowing what your rights are and what you can expect is crucial when you are facing charges of this magnitude.

Don’t let the state make an example out of you. If you are facing any drug charges in New York, be certain you have an experienced defense attorney working on your behalf.

Contact me today to discuss your case.

A few months ago we posted an entry about how the N.Y. Criminal Sentencing Commission came up with nothing remarkable in their analysis of the archaic Rockefeller Drug Laws. Their input, it seemed, would do little to change the laws on the books. Now, however, things are looking quite different.

Last week, according to this report from the Washington Post, New York Governor David A. Patterson and leaders in the state legislature came to agreement that changes must be made to the disaster that has become New York drug policy. Sweeping changes are expected over the next year, making treatment more widely available and prison time a slim chance for non-violent and particularly first-time drug offenders.

Currently, New York has some of the harshest drug laws in the nation, often putting non-violent drug addicted offenders away for lengthy sentences that only contribute to recidivism. Now, however, states across the country realize the importance of treatment and rehabilitation if we are to keep drug offenders clean and out of trouble on a long term basis.

Budget issues, no doubt, have a role in this as the cost of imprisoning someone is extremely high and budgets are extremely tight right now. Once the changes occur, some offenders currently serving sentences may be eligible for release, freeing up the overcrowded prison system and also the money that goes along with it.

In particular, the action will repeal mandatory sentences for first time, non violent drug offenders. This means that judges will have more say in the sentences they impose and they will also have more flexibility as well. First time offenders can benefit greatly from treatment programs and community alternatives that help them to kick a drug habit and these changes will increase the chances of providing just that.

Facing a drug charge under the current laws can be extremely frightening; whether you are a first time offender or even if you have a history in the system. When up against the New York drug laws you need an experience defense attorney. Call us to discuss a drug charge or other criminal case in New York state today.

A new and successful model of criminal justice uses drug courts in New York and across the county. These courts are said to be responsible for a reduction of re-offenders of up to 26% in New York State.

Drug courts are a separate criminal process that focuses on close monitoring and treatment of drug addiction. In exchange for reduced criminal penalties and avoiding jail time, offenders agree to regular drug testing, and monitoring of attendance at narcotics anonymous and other more formal drug addition treatment programs.

It is an idea that is rapidly expanding nationwide, because it is cheaper than traditional criminal court, jails, and probation systems, and it works. According to the National Association of Drug Court Professionals, up to 70,000 people are currently in drug courts nationwide.

One of the possible downsides to a drug court is that in order to be accepted into a drug program, you must essentially admit to the charges. According to many criminal defense lawyers, this can result in much more serious penalties if a person fails the program and is kicked out. Without the drug courts, the evidence would be questioned and attacked, and penalties agreed to in a plea bargain would likely be less. When that happens the defendant has essentially conceded all the facts in evidence against him, and faces the full wrath of the court, whatever that may consist of. This happens in the up to 40% of participants that drop out of the program.

Other criticisms of the programs conclude that they are more complicated then they need to be, and that the key is requiring and enforcing abstaining from drug use, which can be managed by a less intensive, and cheaper program with less overhead.

Whatever the criticisms and problems, it is clear that the attempt to treat drug addition and avoid addicts being sent to jail so frequently is most often a good deal for the defendants and for society.

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If you are charged with drug possession in New York state, please contact our attorneys to find out if you may be eligible for a New York drug court program. The case evaluation is free.