Spano Law PC Syracuse Criminal Defense Lawyer | New York Attorney2024-01-29T18:26:50Zhttps://www.cnycriminallawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1503738/2023/08/cropped-ID-image-32x32.jpgOn Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=486992024-01-23T15:10:10Z2024-01-23T15:10:10ZOn-campus crimes
Certain minor issues on campus may result in internal discipline, but that isn't always the case. College authorities sometimes have no choice but to involve the local police when a college student breaks the law. They have to report certain types of offenses to local law enforcement and cooperate as the state conducts an investigation. According to an analysis of reported on-campus crimes, many offenses that occur on campus are violent ones. The top-reported on-campus crimes are burglary, assault, sexual assault, fondling incidents and vehicle thefts.
Common off-campus offenses
Many college students do not get arrested for something that occurs on campus but rather for something they do during their free time. Quite a few criminal charges brought against college students relate to experimentation with substances.
Underage alcohol use can lead to minor in possession charges. Impaired driving charges are also relatively common among college students. Beyond that, drug offenses are also relatively common. Both possession and distribution charges may occur.
Some students try drugs while they are at college and get caught. Others might transfer drugs to others. A student with a prescription for ADHD medication, for example, might monetize their leftover medication by offering it to others during finals week.
The charges that a college student faces can have dire implications for their educational future and freedom in some cases. Most college students are not mature or financially stable enough to handle the matter on their own period they may rely on support from their parents to properly address criminal allegations. Retaining legal support and encouraging a student to defend against pending charges could be one way for a parent to reduce the negative impact that a youthful mistake may have on the college student they love.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=486792023-11-22T02:49:15Z2023-11-22T02:49:15Zwhite-collar criminal activity. As a result, prosecutors can pursue white-collar charges against an individual with great determination.
Someone accused of a white-collar criminal offense may look at the stacks of financial records and other evidence produced by the state and reach the conclusion that a guilty plea is the best option in their case. Yet, a guilty plea leaves someone at the mercy of the judge's decision regarding their sentence. Sometimes, it is a far better idea to fight back against the risk of penalties that a judge could impose for a white-collar criminal offense in New York State.
Different charges risk different penalties
The type of offense and the total financial impact it has on others will determine what charges the state brings against someone. White-collar criminal offenses may range from Class B misdemeanors to Class C felonies. There is therefore a broad range of potential penalties.
A Class B misdemeanor would lead to up to three months in prison, while a Class C felony could mean as much as 20 years in prison. Technically, there are fine amounts associated with each different category of felony and misdemeanor as well. A Class B misdemeanor usually leads to $500 in fines, while felony offenses can lead to $5,000 in fines.
Judges sentencing individuals for white-collar offenses in New York can impose fines that amount to twice the amount of the misappropriated funds in many cases. In other words, the sentence that they hand down may significantly deviate from the standards outlined in state statutes. Additionally, the courts may order someone to pay restitution in addition to those fines.
Finally, those affected by fraud and other forms of white-collar crime can file civil lawsuits against a defendant. Those who plead guilty often have a very difficult time defending against civil lawsuits afterward. The best option for someone accused of a white-collar criminal offense is often to get help reviewing the evidence and developing an appropriate defense strategy both against criminal and civil allegations.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=486782023-11-14T11:43:27Z2023-11-14T11:43:27ZLeniency is not automatic
Some parents look at an arrest as an opportunity to teach a teenager a very difficult lesson. They believe that the court process will scare the child into better behavior. They probably also assume that the penalties imposed will be minimal if the child does not have a prior offense on their record. However, judges in New York frequently hand down harsh consequences for juvenile offenders that can affect their education and possibly also their mental health. Assisting a young adult in mounting a defense to those charges will be more beneficial than leaving them at the mercy of the courts.
There could be academic consequences
A young adult does not yet have a fully-developed frontal lobe and therefore has a hard time considering the long-term consequences of their actions. They might expect a slap on the wrist and a funny story to share with others at college after their arrest. The parents in the family may need to explore the possible consequences, including the penalties the courts might impose and secondary consequences, such as ineligibility for financial aid or a college retracting an offer of enrollment.
Families must get to the bottom of the issue
Ensuring that a young adult understands the severity of the risks involved in criminal prosecution and helping them defend against the charges can go a long way toward minimizing the impact that a single mistake has on a young adult's future. Parents may also need to bring in professional help to determine what led to a young adult's violent outburst or abuse of intoxicating substances. If the teenager cooperates, attending counseling can help them understand what motivated their conduct so that they can avoid similar mistakes in the future.
Instead of leaving a child to their own devices after an arrest, parents often need to remain compassionate while also imposing certain requirements or punishments on the young adult. Seeking to help a child overcome a criminal mistake by seeking legal guidance is usually a better response than letting a child pay the steepest price possible for their error.
]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=486652023-09-30T14:00:31Z2023-09-30T14:00:31ZData shows link between more alcohol use and fatal accidents
Zuboti provides driver education information and analysis. In its latest study, research showed that alcohol use has been on the rise for several years. This is believed to be connected to the spike in fatal accidents in which alcohol was a factor.
According to the numbers from the National Highway Traffic Safety Administration, there were 13,386 alcohol-related deaths in 2021. Thirty-one percent of all road deaths had alcohol as a factor. This is the highest total since 2005. The alcohol-related fatality percentage has not been that high since 2013.
Zuboti created a “DUI Severity Score” based on state numbers and populations. It looked at how many people were arrested for DWI for every 100,000 drivers in a state. Then it looked at each state's alcohol-related road deaths. New York was lower on the list, but that does not mean it is not a concern.
Anyone can be investigated for an alleged DWI, but with the new school year approaching and people of college age and their early 20s likely to attend events and gatherings, these are vulnerable demographics for an arrest. A conviction can spark a host of challenges including jail time, fines, losing a driver’s license, a negative impact at school and when seeking work.
There are ways to fight a DWI charge
After a drunk driving arrest, it does not necessarily mean a conviction is automatic. There may be options available to receive treatment in exchange for waving the charges. The justification for the traffic stop might have been flawed. Or there could have been issues with the testing procedure.
The driver might even be able to show they were not under the influence. Knowing how to combat the case requires a comprehensive strategy based on the situation. This can help with achieving a positive result.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=486662023-09-21T20:18:18Z2023-09-21T20:18:18ZTalk to an attorney
One of the most important steps for someone at elevated risk of criminal prosecution will be to learn about the law and their rights. The best way to achieve that goal is to work with a criminal defense attorney. A lawyer can educate someone about what rights they have when interacting with law enforcement professionals or federal investigators. Lawyers can also help people evaluate the situation to determine what charges and therefore what penalties they would likely face. An attorney can also help begin the process of developing a defense strategy, possibly by bringing in outside professionals like forensic accountants to help someone counter the claims that the state makes about someone's professional or financial activities.
Avoid incriminating activities
Some people who learn about a criminal investigation become so panicked that they take steps that end up implicating them. From the manipulation or removal of certain financial records at work to the decision to move personal assets into storage, there are many knee-jerk responses that people have to a white color criminal investigation that can make them look suspicious to law enforcement professionals or that could help the state build a case against them in court later. Avoiding suspicious behavior and actions that could complicate someone's legal situation, like altering business records or otherwise potentially manipulating what prosecutors would use as evidence, can protect people against the very real possibility of secondary charges or appearing guilty to the courts.
Learn about the risks of an investigation
Criminal investigations for white-collar crimes can be very embarrassing for the subject. Law enforcement officers may show up at their place of work or talk to their friends, family and neighbors. They may have to sit down with investigators to review financial records, and what they say during those meetings could potentially lead to other criminal charges, such as allegations of lying to federal investigators.
Taking thoughtful steps when learning about a federal investigation can make a major difference for a white-collar professional who is facing allegations of financial misconduct, as well as anyone else who may be facing an investigation related to possible wrongdoing.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=482472023-07-23T23:33:19Z2023-07-23T23:33:19ZNew York heroin penalties
The New York penal code gives judges a great deal of discretion in narcotics cases. The maximum penalties for possessing or distributing heroin are harsh in New York, but few offenders are given the maximum sentence. Offenders who sold heroin to make money are treated more harshly than addicts who turned to drug dealing out of desperation, and narcotics defendants who sold drugs to adults receive more lenient sentences than defendants who conducted drug deals on school grounds or sold drugs to children.
New York heroin charges
Possessing even trace amounts of heroin is a Class A misdemeanor in New York, but heroin possession becomes a Class D felony when between 500 milligrams and an eighth of an ounce of the drug are discovered. Possessing more then 4 ounces of heroin is charged as a Class A-II felony in New York, but the harshest penalties are handed down to individuals found in possession of more than 8 ounces of the drug. These offenders are charged with Class A-I felonies, and they can spend decades behind bars if their criminal defense attorneys are unable to establish reasonable doubt. Selling less than half an ounce of heroin is a Class D felony in New York, but individuals accused of distributing larger quantities of the drug face Class A-I or A-II felony charges.
Diversion programs
Nonviolent narcotics offenders in New York who committed their crimes while in the grasp of addiction rarely receive lengthy custodial sentences. This is because judges can now place them in drug or alcohol treatment programs that are supervised by the court. These diversion programs treat addiction, reduce recidivism rates and save taxpayers money.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=482452023-06-15T03:59:10Z2023-06-15T03:59:10ZElements of embezzlement
In New York, for the court to find a person guilty of embezzlement, the prosecutor must prove five elements beyond a reasonable doubt:
The defendant was in a position of trust and confidence concerning the property or services.
The defendant acquired possession or control over the property or services.
The defendant wrongfully and intentionally converted or appropriated the property or services.
There was no consent by the owner of the property or services when the defendant converted or appropriated the property or services.
The defendant's conduct caused actual harm to another person by unlawfully depriving them of their property or services.
Types of embezzlement
The amount of money taken or the type of property stolen dictates the severity of the embezzlement charge. If a person steals over $1,000, the crime is a fourth-degree felony. If the money or value of the property exceeds $3,000 but not greater than $50,000, the crime is a third-degree felony. For amounts over $50,000, the crime is a second-degree felony.
Penalties for embezzlement
A fourth-degree felony can result in up to 4 years in prison, while a second-degree felony can result in up to 7 years in prison. Second-degree felony embezzlement can be crippling to most businesses; therefore, judges will typically sentence from one to 15 years in prison (or 24 years for amounts exceeding $1,000,000) but include a restitution fine in the amount reflected by property stolen.
Defenses to embezzlement in New York
White-collar crimes in New York, including embezzlement, do have options for defense. If the defendant can show they had a valid claim or ownership of the property or money, an acquittal is possible. Also, if the defendant can demonstrate they didn't intend to take the property, for example, if they made a mistake or believed they had the right to use the property, this could lead to a dismissal.
In white-collar crime cases such as embezzlement, being proactive is the key to achieving the best possible outcome for a case. When people understand their rights and the seriousness of embezzlement charges, they can develop a solid legal strategy for their defense.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=482442023-05-14T23:37:03Z2023-05-14T23:37:03ZNo regulation and little training
The manufacturers of roadside drug testing kits have no regulatory standards to meet concerning the performance of their products. The police and corrections officers who use these tests lack training and have little understanding of their potential for false positives. Various court cases in which defense lawyers questioned law enforcement officers about their training revealed that personnel received minimal training and were not knowledgeable about their accuracy rates.
High rate of false positives
Legal cases that challenged the use of roadside drug testing results to convict people on drug offenses uncovered a substantial failure rate. Lab testing of results originally obtained through the fast tests overturned positive readings in 38% of samples. Many everyday substances, like chocolate, can cause the testing kits to deliver false positives.
Due to the inaccuracy of roadside drug testing kits, many courts have determined that their results do not qualify as admissible evidence. Across the country, the National Registry of Exonerations recorded 131 cases of courts overturning drug convictions over a 10-year period once lab results showed that roadside test results had been wrong. However, people remain vulnerable to conviction for drug possession due to pleading guilty instead of moving forward with a more rigorous evaluation of the suspicious substance by a lab.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=482392023-04-06T23:24:31Z2023-04-06T23:24:31ZStay calm and non-judgmental
The first step in supporting your college student is to remain calm and non-judgmental. It's important to remember that everyone makes mistakes, and your child is no exception. You can offer your support and guidance without passing judgment or placing blame.
Get informed
The second step is to get informed about the criminal charges and legal proceedings. Research the charges and the potential consequences they may face, and consult with a criminal defense attorney to learn more about the case. Understanding the legal process and your child's rights can help you offer better support and guidance.
Encourage open communication
Encourage open communication with your college student throughout the legal process. Make it clear that you're there to support them and that they can come to you with any questions or concerns. Remember that they may feel embarrassed, ashamed or scared and may need your reassurance that you love them no matter what.
Help them find the right legal representation
Finding the right criminal defense attorney is crucial in supporting your college student after criminal charges. You should look for an experienced attorney who can guide your child through the legal process and fight for their rights. Encourage them to be open and honest with their attorney, as this will help them build a stronger defense.
Encourage positive coping mechanisms
Facing criminal charges can be a traumatic experience for any college student, and it's important to encourage positive coping mechanisms. Help them find a counselor or therapist who can help them process their emotions and develop healthy coping strategies.
Focus on moving forward
It's essential to focus on moving forward, not dwelling on the past. Help your child develop a plan for moving forward, whether that's through education, job training, or other opportunities. Encourage them to learn from their mistakes and use their experience to mature.
Be prepared for the consequences
Finally, it's important to be prepared for the consequences of criminal charges. This may include fines, probation or even jail time. Ensure your child knows the potential consequences and help them plan accordingly.
Supporting your college student after criminal charges can be a challenging experience. Still, with the right strategies, you can help them move forward and thrive. With your love and support, they can overcome this difficult experience and move forward with their lives.]]>On Behalf of Michael Spano Lawhttps://www.cnycriminallawyers.com/?p=482382023-03-20T23:07:26Z2023-03-20T23:07:26Zcriminal defense is understanding and knowing your rights. The officer must inform the driver why the vehicle was initially pulled over, for instance, a traffic violation, driving erratically, or a broken taillight.
Suppose the officer suspects criminal behavior such as potent drugs or alcohol smells or observes visible open alcohol containers, slurred speech, or other suspicious behavior; the officer should inform the driver and can initiate a vehicle search.
Reasonable and articulable suspicion
A police officer can perform an investigatory stop on someone if they're walking, standing or driving a vehicle. The officer must inform the person why they're being detained.
In criminal defense, extensive knowledge of stop-and-frisk laws benefits you if you're ever stopped or investigated by a police officer.
A reasonable and articulable suspicion is one that any person with common sense can infer and express verbally. An officer must tell you why they stopped you and what criminal behavior they suspect you of committing.
Drugs, alcohol and speeding are common offenses police officers cite when performing stop and frisk (weapons search) or vehicle searches.
Vehicle searches without a warrant
In most cases, a warrant isn't needed to search a vehicle during a traffic stop; checkpoints and border crossings are other places your car can be searched without a warranty.
If your vehicle is stopped at a DUI checkpoint and the officer or K9 unit suspects criminal activity, your car can be searched without a warrant. However, if an officer doesn't imagine any crime but asks your permission to search your vehicle without cause, you have the right under the Fourth Amendment to refuse the search.
Not every police encounter is clear and concise. However, compliance and respect for the law is the most intelligent way to resolve criminal matters.]]>