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.
In New York and elsewhere, special circumstances in a criminal case can sometimes allow for an agreement with the prosecution that is much better for the defendant than the charges and potential prison sentence would indicate. It usually takes the focused efforts of an experienced defense counsel to achieve that kind of favorable outcome. It appears that such an outcome was achieved on behalf of a jazz musician friend of Philip Seymour Hoffman in a recent guilty plea to a low-level drug possession charge by the man.
People naturally may feel as though their worlds have come to a halt when they get arrested. The accused individuals might not know where to turn for help in an effort to be cleared of the charges. Proper legal guidance can help these people to fight New York drug charges and protect their legal rights.
Drug charges in New York must pass a variety of requirements prior to sustaining a conviction. Criminal intent must always be proved. With drug possession with intent to sell charges, the intent to sell can be shown by circumstantial evidence, but it should be sufficient enough to prove guilt beyond a reasonable doubt.
It is rare to find a criminal prosecution where a doctor is accused of writing prescriptions in the name of her patients as a subterfuge to get the drugs for herself. That is precisely what New York authorities charged a celebrity dermatologist with on July 9 in Manhattan. They arrested the doctor on charges of criminal drug possession and the criminal sale of prescription drugs.
Drugs are a serious problem in New York. With this in mind, police may be on the lookout for a reason to be able to stop a driver and conduct a search of his or her vehicle. A simple drive to the store could turn into a legal nightmare. Drug charges can negatively impact an individual's freedom and his or her ability to earn a living. Recently, two individuals were subject to a traffic stop and subsequently arrested for heroin and cocaine possession.
Sometimes a warrant of eviction may lead to drug charges. When authorities go out to conduct an eviction, they may see evidence of drug crimes when entering an apartment or home. This presents obvious problems for the residential tenant who has not only has lost his privacy right to have peaceful enjoyment of the premises, but who also then simultaneously loses other privacy rights and, indeed, may be arrested and incarcerated. That happened recently in a New York case where the two residents now find themselves evicted and also incarcerated for drug possession and manufacture charges.
People don't like to be blamed for something they didn't do, especially if there is no evidence to support the accusation. In the same way, a person who has been charged with a crime legally is not considered guilty unless his or her guilt is proved in criminal court in New York. This applies to situations in which an individual faces drug charges -- for example, if he or she is accused of possessing drugs and intending to deliver them.
People can sometimes make the assumption that someone was participating in criminal activity without actually knowing what it is that the person is really doing. False accusations and reports can put someone in the position where they are arrested and have to prove their innocence for a crime they did not commit. Although most New York reports are made with good intentions, it can be damaging to a person's career and community status if the allegations are incorrect -- such as a report of lewd conduct and drug possession.