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Mahopac Criminal Defense Law Blog

Prison guard hit with felony charges in New York prison escape

It is unusual to see prison employees assisting convicted murderers to escape from prison. In the case of the two escaped felons from the Clinton Correctional Facility in upstate New York, the rare situation exists where two persons are now charged in connection with the escape. Felony charges were just announced by authorities against the second employee, a 57-year-old male prison guard. He was charged with promoting prison contraband, tampering with evidence and official misconduct.

The man was charged with taking frozen meat embedded with tools and hacksaws to the area where the inmates' cell was located. He allegedly acted at the request of the other defendant, a 51-year-old female, who was the tailor shop instructor who allegedly tried to help the two men escape. The male guard denies that he knew about any contraband. 

Woman may need a solid DWI defense after 3rd charge in 10 years

A New York woman was recently arrested for allegedly drinking and driving. Supposedly, this is actually her third DWI defense within the last decade. According to officials, the charge came after she had a car accident.

The 30-year-old woman is facing a felony DWI charge. For unknown reasons, she apparently drove her vehicle off the road, where it ended up in a side ditch early one recent Tuesday morning. She reportedly refused a blood alcohol test, which may make it harder for prosecutors to prove their case. They'll need to rely on other evidence, such as witness' testimony, physical evidence and personal observations. 

Complex drunk driving laws require seasoned defense counsel

Significant jail sentences are on the books in New York for persons convicted of DUI. The penalties for drunk driving for those under the age of 21 are a bit more relaxed but still serious enough to cause substantial disruption of the person's life. New York also has an Implied Consent Law which requires a mandatory suspension of a person's driver's license for at least one year where that person refuses to cooperate in allowing a blood alcohol test.

The suspension of the driver's license is made effective at an administrative hearing where the presence of experienced criminal defense counsel in DUI matters can be helpful to the individual. There are defenses and mitigating circumstances that can be asserted at the hearing which may partially or totally defeat the attempt to automatically suspend the license.  However, it is inadvisable to attempt this procedure without the assistance of an experienced attorney.

Annual FolkFest marred by numerous arrests on drug charges

Oswego County authorities and the New York State Police cooperated in busting at least 14 persons for possessing and/or selling various illegal drugs at the annual FolkFest music festival held May 21 through May 24. Those arrested were mostly New York residents who ranged in age from 20 through 55. The county district attorney held a news conference to inform the public and the press regarding the several different drug charges that were filed.

The 14 arrests, however, pertain only to those arrested inside the venue. There was a rash of "arrests" made by police of people who were apparently arriving or exiting from the event. Thus, reports indicate that police arrested 21 persons on marijuana possession charges outside the venue. There were also nine arrests outside the concert for possession of an undescribed illegal substance.

Biggest heroin bust nets 70 kilos; 2 men held on drug charges

The evidence seems to be mounting that the use of heroin is growing by epidemic proportions in New York City. That warning has been repeated by numerous drug enforcement officials recently. But actual proof of the extent of the problem was allegedly revealed by DEA officials and others on May 17 with the arrest and filing of drug charges against two men after a year-long investigation in the Bronx. Authorities seized 70 kilograms of heroin with a purported street value of $50 million.

Authorities are alleging that it is the biggest DEA seizure of heroin ever in the state of New York, and the fourth biggest in the country. Officials indicated that their investigation was comprised of wiretaps and surveillance. They said that the drugs were smuggled across the border and driven north to be distributed in New York and four other adjacent or nearby states.

State Police arrest some Mysteryland attendees on drug charges

The Woodstock Music & Arts Festival took place in 1969 on the famous property known as Max Yasgur's farm, which was part of the rolling hillsides of the Hudson Valley. Almost 46 years later, the same farmland is now known as the Bethel Woods Center for the Arts. Over this past Memorial Day weekend, a festival called Mysteryland USA brought a new generation of music lovers to the grounds. The crowd was much smaller than in 1969; the weather was too cold for many to camp out, and some of the revelers ended up with felony drug charges lodged against them by the New York State Police.

The outdoor electronic music festival hosted about 17,500 young people over the age of 21. Although the festival's organizers stated publicly that drugs were not allowed, the warnings were not totally obeyed. It appears that the festival may be compared to a giant outdoor rave party, with colorful stage backgrounds and music groups sporting an electronic motif.

21 nabbed on drug charges connected to lost "quality of life"

Drug dragnets are a good public relations tool for local law enforcement authorities, but whether they bring about a lasting reduction in drug trafficking activities in the particular locality is highly questionable due to decades of experience indicating just the opposite. Recently, a drug sweep by New York authorities resulted in 21 arrests on drug charges in the Tompkins County area. Several state agencies joined with the Tompkins County Sheriff's office in conducting the investigation and the sweep.

The County Sheriff announced the sweep in a news conference, saying that it was the result of a rash of complaints from the community, particularly last summer. Complaints dealt with drug usage, burglaries and car larcenies. The Sheriff indicated that key players were identified by the public in their complaints. Some of the arrests involved the execution of existing warrants against suspects not previously apprehended, including one murder warrant.

State Senate leader charged with criminal offense by feds

It appears that the job of legislation is being upended by the scandals of corruption in Albany. The majority leader of the New York Senate, Dean G. Skelos, and his son are widely expected to be arrested by federal prosecutors in the few days. They will be charged with the criminal offense of public corruption under federal law.

This arrest is just three months on the heels of federal charges of bribery and kickbacks brought against Sheldon Silver, the former Speaker of the New York House. The expected arrest casts a deep shadow on the ability of the House and Senate to conduct effective business in coming months. The federal investigation against Skelos centers on the business activities of his son and whether the companies that have made consulting payments to him have benefited by state action influenced by the father.

Cops arrest man after responding to domestic violence call

Everyone has domestic disputes, but the law steps in when the conflict becomes threatening to the security of one or more family members. Incidents of domestic violence in New York are often reported by neighbors in response to loud noise and arguing that signifies something is extraordinarily amiss. The incident is alternatively often reported by the victim of the assaulting behavior.

These are some of the most dangerous calls for police to answer because they are stepping into the middle of a situation where emotions are most likely totally unbridled. When the police try to defuse such a conflict, emotions tend to escalate even more. A Broome County Sheriff's deputy and a state police trooper allegedly had to confront that kind of event recently when they were called to a home in Lisle where a man had reportedly thrown his mother's television into a wall.

A growing criminal offense is a financial plague to retailers

A growing criminal enterprise in New York involves the switching of bar codes on products inside a store and purchasing the products with the lower bar code at the self-checkout counter. The criminal offense involved is generally charged as larceny, theft or grand larceny. The computerized checkout machine sees only the bar code presented to it and puts the lower price on the bill.

A Brooklyn man was recently able to build up a diapers dynasty by allegedly using that technique in dozens, if not hundreds, of Stop & Shop stores throughout New York and neighboring states. The 24-year-old was arrested by police at his apartment in Bushwick this past Thursday afternoon. The man had succeeded in buying thousands of dollars' worth of diapers at a discount price and selling them out on the streets, according to authorities.