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.
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).
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.
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.
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.