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Mahopac Criminal Defense Law Blog

Feds charge doctor with improper handling of prescription drugs

The writing of improper prescription drugs, for any purpose other than legitimate medical treatment, is a felony in New York state and under federal law. That is a rule with which a 36-year-old doctor from Amherst will surely become familiar as he faces prosecution by federal authorities on charges of the unlawful distribution of controlled substances in the form of prescription drugs and conspiracy to commit a drug felony. In fact, he faces up to 20 years in prison if convicted of the felony drug charges.

The U.S. Attorney announced the federal charges that he indicated were the result of the joint effort of several federal agencies and the Amherst Police Department. The criminal complaint alleges that the doctor wrote 280 illegal prescriptions for oxycodone, Percocet and hydrocodone during the period of January 2010 through March 2014. It is also alleged that he wrote prescriptions to other people and then shared the pills with them. The complaint also alleges that the doctor had a relationship with a prostitute and supported her $200 per day heroin habit.

Lawyers for former lawmaker request dismissal of felony charges

When a federal indictment is lodged in New York or elsewhere against a target, one early procedural move of the defendant is to file a motion to dismiss the indictment. These motions are only rarely successful, but are nonetheless very much worth the effort, particularly when glaring legal errors appear on the surface of the indictment. There are many potential legal grounds for dismissal that can be raised against an indictment that alleges felony charges of wire fraud, mail fraud or extortion.  

This is the procedural posture of a federal case pending against the former New York State Assembly Speaker Sheldon Silver. His criminal defense counsel have filed a motion to dismiss on the ground of legal infirmity of the indictment. One fatal flaw of the indictment, according to the defense, is that it ignores the fact that New York has always allowed its state legislators the right to work part-time along with the legislative job.

Man walks into car, trooper arrests him for aggravated DWI

Sometimes a defendant's actions at the time of arrest will make defense counsel's job a bit more challenging. That's probably the case regarding the recent arrest of a 50-year-old male of Troy for aggravated DWI. The arrest occurred at a gas station in Rensselaer County where the arresting New York State Trooper was at a pump filling his tank.

At that time, the suspect allegedly drove up and parked next to the trooper's vehicle. The suspect alighted from his truck and walked directly into the trooper's marked patrol car, according to the trooper.  The man then allegedly stumbled into the store and came back to his car to pump gas.

22 arrested on 159 drug charges in capital region drug sweep

Authorities rounded up 22 persons recently in the Albany area and charged them with over 150 drug counts. The defendants, who range in age from 16 to 45, face drug charges connected to the activities of a drug ring that allegedly sold cocaine and heroin in Albany County and several nearby counties. The sweep was coordinated by the New York Attorney General's Organized Crime Task Force (OCTF).       

Other agencies included the Albany Police Department and the New York State Police. Authorities stated that the arrests were the result of a 10-month-long investigation. The targets allegedly comprised two loosely affiliated drug rings, with one ring peddling cocaine and the other heroin, according to police. It is asserted that the cocaine was obtained from sources in Brooklyn, Queens and Connecticut, and the heroin came in from New Jersey.

Man accused of hindering prosecution of fugitive on drug charges

Accessories in the criminal law are accused of aiding someone in the commission of a crime but only before or after the crime was committed. A criminal defendant can be accused  of being an accessory to drug charges. This was illustrated by the recent arrest by New York State Police of a man for the felony of hindering the prosecution of another man who was being sought on a felony drug possession charge.

An accessory after the fact is not charged with being a main actor in the original crime. Instead, he or she is charged with providing shelter and support to help the fugitive escape apprehension after the crime occurred. In this case, police received a tip that a man they were seeking on a felony warrant of possession of a controlled substance was being secreted in a home in Gloversville.

Award-winning teacher accused of Internet sex offenses

The Internet has facilitated a new frontier for the commission of criminal offenses. One big concern is the use by individual adults to use the Internet to commit sex offenses, which often involve minor children as the victims. In New York and elsewhere, it is becoming clear that people from all walks of life are emerging as defendants in prosecutions involving alleged sexual misconduct through online activities.

In New York, a teacher who has received several teaching awards and commendations was arrested recently for sex offenses charging him with getting teen boys to send him nude or suggestive photos in return for gift cards. The charges have been filed in the federal district court in Manhattan. He is accused of paying three teens over $500 in gift cards during a six month period for photos of them. In one photo, the teen allegedly posed with an erection; in the other photos the boys were clothed but allegedly posed suggestively.

Man arrested on drug charges after Suffolk County traffic stop

It is always important for defense counsel in New York to investigate closely the procedures used by police in making drug and contraband arrests in the aftermath of routine traffic stops. State and federal constitutional principles regarding search and seizure are important in that context. There may actually be little chance of finding and proving police irregularities in many traffic stop cases involving drug charges. However, the inquiry should nonetheless be made because there are always at least a small percentage of cases  that are dismissed due to poor or improper police procedures.

In Long Island, the Suffolk County police recently arrested a man for impersonation and hiding drugs in his body after they stopped the man for what they called erratic driving. The patrol officer reported that he saw a man driving a minivan erratically on Sunrise Highway at about 2 p.m. on March 1. The officer asserts that the driver gave a false name.

2 found in parked car arrested on numerous drug charges

New York State Police on Feb. 20 arrested two Broome County residents who were found in a parked car that police allege contained a number of drugs and paraphernalia. The car was parked suspiciously in a lot in Johnson City, according to a state police spokesperson. A trooper stopped to investigate the parked vehicle, which led to numerous drug charges against the man and woman found in the vehicle.  

The details of how the police were authorized to search the occupants or to make a full search of the car is not reported at this time. In any event, police claim that they found heroin, either on the suspects or in their car. They say that a "subsequent search" of the two, including also the car, resulted in seizing 36 wax envelopes of heroin, about 2.5 grams of meth and various items claimed to be used in manufacturing methamphetamine.

State trooper charged with assault in domestic violence dispute

Law enforcement officers are human, and as such, they may encounter the same kinds of human problems and weaknesses as other members of society. It is not unusual to hear that assault and domestic violence charges have been brought against a police officer due to incidents in his or her personal life. While it's not an unusual event, an officer who is arrested for domestic violence in New York and elsewhere will possibly pay a severe price for the transgression, depending on the severity of the facts.

Recently, on Feb. 8, a female reported an alleged domestic assault against her by her male partner, who is a member of the New York State Police. She made the report at the state police barracks in Haverstraw. The 35-year-old male, who resides in Garnerville, was arrested on third-degree assault charges.

Man charged with criminal offense after allegedly stabbing woman

Crimes occur every single day here in New York and throughout the rest of the country. In some cases, it is quite clear who the suspect is and who will be charged with a criminal offense. In other cases, it may not be quite as clear, and an innocent person might be accused of a crime that he or she did not commit. A 57-year-old man was recently charged with second-degree attempted murder in Broome County.

Authorities were called to an apartment complex to investigate reports of a stabbing. Upon arrival, officers found a woman with numerous lacerations on her upper body. She is listed in critical condition at a local hospital. At this time, authorities are unsure of what was used to stab the woman, and they have reportedly been unable to find a weapon.