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Mahopac Criminal Defense Law Blog

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.

Drunk driving alleged in New York accident; man from Jersey dead

The sheriff's office reported the death of a Jersey citizen on Thursday. The man died in a New York crash. Both drivers involved in the accident are suspected of drunk driving, though final reports are not complete.

A 33-year-old woman is alleged to have had a .10 blood alcohol content, according to police. She is also accused of exceeding the speed limit by 32 miles per hour. The driver of the other vehicle with which the woman's car collided is also suspected of driving while intoxicated. It was reported that he had lost control of his car, which allegedly caused his vehicle to veer through double yellow lines, at which point the two cars collided.

Ages 16 and 17 and convicted of criminal offense as adults

New York is one of two states that treats 16- and 17-year-olds as adults for all crimes. That policy creates harsh results, such as where minors are tagged with a criminal record for committing a misdemeanor that consists of conduct that is sometimes seemingly harmless. In those cases, the state is marring the life of the teen by tagging him or her with a conviction of a criminal offense on conduct that may be directly tied into the youth's lower economic standing and paucity of supportive resources.

The Mayor's Office of Criminal Justice reported that the NYPD made about 23,000 arrests of 16- and 17-year-olds each year during 2011, 2012 and 2013. More than 75 percent of these were for misdemeanors and not felonies. The system then hounds these juveniles for the fines, along with penalties into the hundreds of dollars.

Felony charges against driver who killed boy crossing the street

In some cases, an accident where a driver hits a pedestrian seems to encourage the driver to leave the scene and not stop as legally required. A driver who hit two teens who were crossing a street in the Bronx was charged with reckless driving and with leaving the scene of an accident causing death, according to New York police. Although the 26-year-old male driver of a Honda Accord decided to return to the scene after he fled, police nonetheless filed leaving the scene felony charges against him.

A 16-year-old boy and a 15-year-old girl were crossing Baychester Avenue at Crawford Avenue when the Honda barreled into them, sending the boy airborne into oncoming traffic. He was then hit by an approaching vehicle. He was transported by ambulance to Jacobi Medical Center but was declared dead on arrival. The girl remained in critical condition at the hospital.

Sex offenses charged against man for online communications

In the traditional way of framing criminal offenses, a crime like attempted  rape would be based on at least some physical contact between the suspect and the victim. Typically, the attempt to rape would have failed for some reason and penetration would have been prevented or aborted, thus justifying a charge of attempt. In New York and elsewhere, the modern way of looking at such sex offenses appears to have taken on an added dimension: the authorities have extended the scope of attempt so that there is no need to have physical contact at all.

That of course is the result of the revolutionary kinds of communications that have emerged in the digital age. Attempts are now made on the Internet, without further contact being necessary, according to authorities. In fact, the New York State Police Computer Crime Unit recently charged a 26 year-old male with attempting to arrange a meeting with a girl to have sex with her. The arrangements were allegedly made online.

Male volunteer held on malicious mischief felony charges

Criminal mischief in New York is a crime that is charged when a suspect has allegedly vandalized personal property of another. It can be a misdemeanor under certain circumstances,  but when the damage is over $1,500, it is charged as a felony.  In a recent incident, a volunteer fireman was charged by New York State Police with felony charges of criminal mischief for allegedly vandalizing the Clarksville Fire Department where he volunteers.

It is alleged that the damages exceed $30,000. The 21-year-old man is being held in the Allegany County Jail in lieu of $25,000 bail. He is charged with entering the fire department building and spray painting fire trucks and fire-fighting gear. With respect to a potential criminal defense to the charges, defense counsel will probe the surrounding and historical facts with the suspect.

Bill tries to help domestic violence victims unfairly imprisoned

The Domestic Violence Survivors Justice Act is a bill that was introduced in 2011 and is still being debated in the New York legislature. The Act recognizes that a major path to incarceration for many women is through the violence cycles of domestic abuse. Many women have ended up in prison after saying no to continuing acts of domestic violence by a spouse or domestic partner.

The Act would allow those individuals to go before the court for re-sentencing. At that time, they would be able to prove and explain the surrounding circumstances of the crime they committed. This would allow the court to consider the details of domestic violence that led to the so-called crime by the defendant.

Teen charged with domestic violence murder of 5-year-old cousin

Reports of missing children sometimes turn out to be bogus. In upstate New York, Albany County authorities say that they received a report from a 19-year-old female that her five-year-old cousin was taken forcefully from her by two masked men on Dec. 18. Police deemed the report false after a K-9 unit found the child dead under a nearby pile of snow. The woman's arrest for second degree murder may carry allegations of some kind of domestic violence inflicted on the boy to cause his death.

The suspect's parents were reportedly the legal guardian of the boy and his two siblings since September. The boys' natural parents are apparently separated. The mother is said to be living elsewhere in New York and the father in Massachusetts.