Cimasi Law Blog

White Collar Criminal Defense

Understanding and defending against allegations of financial crimes, particularly in complex industries such as healthcare, are best performed by practitioners with real-world experience in the business and finance.  Having acted as a consultant on merger and acquisition for healthcare entities, Michael Charles Cimasi is well situated to comprehensively understand and defend clients accused of fraud and financial crimes.  If you are charged with financial crimes, contact the Cimasi Law Office to explore how our experience can be applied for your benefit. 

Warning to Americans Driving in Canada: Tougher Canadian DWI Laws can Result in DWI Arrest even at Homes and Bars

According to Canadian sources, the new DWI laws that recently took effect in Canada allow Canadian police to demand breathalyzer tests from individuals who were reported to have been driving under the influence or erratically up to two hours before the arrival of police.  Thus, individuals at their homes, bars, restaurants, etc. could be breathalyzed and potentially arrested for DWI if the police have some reason to believe they were driving recently under a Blood Alcohol reading above the legal limit.  This is a significant exposure to anyone dining, partying, or travelling in Canada with a vehicle.  


For more information, see:  https://trib.al/yCCcZXD?fbclid=IwAR22rllE7wYXnpHUQvt9qkX7ZPJw1TOT5lc6RaS8XpfR9B6B8-oyijOeyQ4

Happy Holidays - Be Safe on the Roads!

Happy Holidays from the Cimasi Law Office.  This time of year is replete with family parties, religious celebrations, and friendly get-togethers.  And in Western New York, we are blessed to have many unique and locally-owned bars and restaurants at which to celebrate!  As we all celebrate this Holiday Season, remember to consume alcohol responsibly, and don't drive if you've been drinking.  Let's keep the roads safe for all of our families, and avoid the stiff consequences associated with DWI arrests.  If you are charged with DWI this Holiday Season, call the Cimasi Law Office for a free consultation at any time (24/7) at 716-560-1171.  I have assisted many clients in Western New York to navigate through their DWI arrest and collateral issues, and am happy to speak to you at your convenience.  I routinely perform DWI defense in criminal courts and represent clients in collateral administrative actions before the DMV, college disciplinary officers, and licensing boards.

 
Be safe, be joyous, and call Cimasi Law if you find yourself in need of legal assistance!

As man as 11 Convicted in Erie County under Invalidated Law

The Buffalo News reports that as many as 11 individuals in Erie County may have been convicted under a law for Illegal Dissemination of Indecent Materials to Minors more than 21 years after a federal Judge invalidated the law as unconstitutional, and Erie County received affirmative notice of this binding decision.  The full story can be found on the Buffalo News website at:

https://buffalonews.com/2018/11/05/eleven-people-wrongfully-convicted-under-invalidated-law-judge-says/?fbclid=IwAR363pwVBt9dz8_g6CmnHi2pg-P2TFi8E0Zo8cSMOrD1dSV8NPSIApZDzzg

DMV now Suspending Driving Privileges of those Accused of Using a Fake IDs to Enter Bars

Based on recent sting operations coordinated at bars in the Buffalo area, NYS Troopers have been arresting those under 21 who present "fake" or "chalked" IDs to attempt and enter bars and night clubs.  Most individuals, many of whom are college students, are generally issued appearance tickets for a traffic infraction under NYS Vehicle and Traffic Law Section 509-6.  Upon arrival at Court, this is normally reduced to a parking or jay walking ticket.  However, several weeks after the arrest, the defendants are receiving a letter from a DMV Investigator calling them to either schedule a DMV Hearing at which their licenses may be revoked for up to a year, or accepting a plea to a 90 day suspension of their license with a Conditional License being granted to drive to work, school, and medical appointments.  This can have serious ramifications on your licensure going forward, especially if you have prior incidents of suspension or revocation.  


If this happens to you or your child, you should seek advice from an attorney experienced in DMV matters and the NYS Vehicle and Traffic Law.  

Marijuana & US-Canada Border Crossings

As Canada has recently legalized recreational marijuana use nationally, border patrol and customs officers on either side of the border prepare for new issues.  Some U.S. states have legalized marijuana to varying degrees, Canada has done so nationally, but the U.S. federal government still lists marijuana as a Schedule 1 drug under the Controlled Substances Act.  Therefore, U.S. border patrol can seize, detain, and seek to prosecute any individual crossing into the U.S. with marijuana from Canada, even if it was a legal amount/format both in the country of departure and state of arrival.  Thus, the various prohibitions and regulations of marijuana use will continue to frustrate unwitting travelers who may think they are comporting to the "new" laws on marijuana use and possession in their home country.  You should into Canada or the U.S. with marijuana as it will likely be seized, and you may be arrested for prosecution.  


https://www.clickondetroit.com/news/officials-along-us-border-prepare-for-legalization-of-marijuana-in-canada

Leandra's Law DWI in NYS

In New York State, Leandra's Law elevates any DWI to an E  Felony if a child age 15 or younger is a passenger in the vehicle at the time.  This significantly increases the potential penalties (fines, license revocation period, potential jail sentence, etc.) and ramifications of a DWI arrest, even if it is a first time DWI.  If you are charged with a felony Leandra's Law violation, certain counties have created diversion programs that allow the offenders to work on their substance abuse issues through a DWI Court or similar monitoring, then avoid felonization once the program is successfully completed.  Your eligibility for such programs is determined on a case-by-case basis.  If charged under this statute, you should seek a legal consultation prior to your first Court date.  


https://www.wivb.com/news/local-news/niagara-falls-woman-charged-with-driving-while-intoxicated-with-two-year-old-in-the-vehicle/1542205445

NYS Legislative Rumblings Towards Marijuana Legalization

As with most states, marijuana enforcement in NYS has slackened on the lowest levels of possession.  NYS Penal Law Section 221.05 for Marijuana Possession is often adjudicated by a modest fine or an Adjournment in Contemplation of Dismissal.  Now the NYS Assembly, at Governor Cuomo's urging, is looking into greater de-criminalization of marijuana possession and regulation/taxation of its sale within the state.  As marijuana is still listed as a Schedule 1 drug federally under the Controlled Substance Act (https://www.deadiversion.usdoj.gov/schedules/orangebook/e_cs_sched.pdf).  Thus, no matter what action is taken at the state level, it will have complicated interactions with federal jurisdiction within NYS.


https://www.usnews.com/news/best-states/new-york/articles/2018-10-16/ny-lawmakers-to-hold-hearing-on-legalization-of-marijuana

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