The post Can someone be charged with drug offenses over items in a vehicle? appeared first on Cimasi Law Office.
]]>Oftentimes, someone who owns or drove a motor vehicle where the police found drugs will be arrested even if they claim that they knew nothing about the drugs or paraphernalia that the police found in their vehicle. Even the tiniest amount of a controlled substance or used drug paraphernalia, like used hypodermic needles, could lead to someone’s prosecution. The state could attempt to establish constructive possession as a way to convict a defendant of a drug offense.
To hold someone accountable for the presence of unlawful items, the state has to prove that the person charged with the crime knew about those prohibited items and potentially had control over them. The specific standard used in New York criminal cases is “dominion and control over” the drugs or paraphernalia. Someone arrested after police finds drugs or paraphernalia in their vehicle could fight their charges by undermining the claims of constructive possession.
There are a few tactics that can work when someone wants to raise questions about whether or not they truly had access to and control over the drugs found in their vehicle or near them somewhere. A lack of fingerprints or other forensic evidence directly connecting them to the items found could raise questions about whether someone knew those items were nearby and had the option of handling or controlling them. Some people will focus on presenting an alternate explanation, such as how they used to use their vehicle as a rideshare driver.
The evidence that the state has and the criminal history of the individual arrested will influence the best strategy to use when responding to claims of constructive possession in New York. Those accused of a drug offense that seems to have arisen from nowhere can defend against such charges and potentially avoid a life-altering criminal conviction if they seek legal guidance and push back in informed ways. Fighting back against drug charges requires careful planning but can potentially preserve someone’s reputation and future opportunities.
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]]>The post How does the drug court program work? appeared first on Cimasi Law Office.
]]>You can see how beneficial this opportunity could be for someone who is facing drug charges. A permanent record can make it harder to go to school, get a loan, rent an apartment or get a job. A drug treatment program can help someone avoid these hurdles as they attempt to turn their life around. But there’s one major reason why this system seems to be working so well: It focuses on addiction.
The problem with sending people to jail for drug offenses is that many of these offenses result from addiction. For example, when people get addicted to painkillers and they cannot break that addiction on their own, their challenges may lead to all sorts of illegal drug transactions. As a result, someone who is struggling with addiction may have been arrested for purchasing pills or possessing them without a prescription because they simply couldn’t function without access to their drugs “of choice.”
If you put that person behind bars, they will likely be released and immediately return to the same behaviors. After all, their addiction was never treated. But the drug court program focuses on treating addiction and helping the affected person get better. Once they have completed the program, the hope is that they will be working their recovery successfully and so they won’t need to return to those criminal activities to “feed” their addiction.
If you are facing drug charges, it’s very natural that you’d be worried about your future. Drug court is one option that you may have, so be sure you know what steps to take to avail yourself of that opportunity if it is available to you. Speaking with an attorney is a good first step forward.
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]]>The post 3 kinds of prescription drugs that often lead to criminal charges appeared first on Cimasi Law Office.
]]>Although someone with a prescription from their doctor in theory has the legal right to possess and use a medication, they might still find themselves facing criminal charges in some situations. Those who misuse medication or transfer it to others are at risk of criminal prosecution if they get caught.
Certain kinds of medications have a much stronger association with criminal charges than others. What kinds of medications might lead to someone’s arrest and prosecution?
There are many drugs that affect your brain or your control of your body. These drugs are illegal to use before you get behind the wheel of a motor vehicle. Most of them have clear labeling indicating as much. Those who choose to drive after taking certain prescription medication could end up arrested for impaired driving.
Some medications pursued produce effects that people find enjoyable and which therefore open the door to intentional abuse. For example, drug makers have had to reformulate certain sleep aids because they would result in an impaired state if someone managed to stay awake after taking the medication initially.
Police officers are much more likely to be skeptical about someone’s questionable possession of a medication if that medication is known to be a drug people intentionally misuse, like stimulants and narcotics.
As with drugs that people frequently abuse for recreational purposes, there are many drugs that people will find addictive or habit farming. Not only will some people continue to purchase these medications on the unregulated market after their prescription runs out, but they might commit secondary crimes to obtain the medication that they abuse.
Although prescription medication is legal when used appropriately, people do get arrested because of prescription medications frequently. Understanding what might make officers suspect you of a drug crime can help you better reframe the circumstances of your arrest in your criminal defense strategy.
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]]>The post Understanding the New York State 911 Good Samaritan Law appeared first on Cimasi Law Office.
]]>Unfortunately, too many people have died from drug overdoses after the people who were using drugs with them fled the scene rather than call 911 because they feared being arrested when police showed up or even that their call would be traced. That’s why states, including New York, started implementing Good Samaritan laws to protect those who call for emergency help from facing prosecution for minor drug offenses.
The law protects those calling for help as well as the person suffering an overdose — including those who seek emergency help if they believe they’re overdosing. Specifically, it protects people (both minors and adults) from being charged and prosecuted for crimes involving possession of:
The law doesn’t apply to anyone who has an open warrant or is in violation of their probation or parole conditions. It also doesn’t protect those found in possession of more than 8 oz. of controlled substances or those suspected of “sale or intent to sell controlled substances.”
However, calling for help can be considered a factor in your defense or in reducing your sentence in some cases if you are charged with a crime related to the sale of drugs.
It’s important to understand that while most states have some kind of 911 Good Samaritan law involving drug overdoses, they all differ somewhat. Some have far more conditions than New York has.
People should always seek emergency medical help if they believe someone is in grave danger. Leaving someone in that condition without getting help can put someone in far more legal jeopardy than they’d be in for most drug-related charges.
It’s still important to know about this law. If you believe that your child is facing drug-related charges for which they should have immunity under this law (or facing them under any circumstances), it’s crucial to protect their rights.
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]]>The post Are drunk driving checkpoints legal in New York? appeared first on Cimasi Law Office.
]]>Often, DWI arrests occur after a traffic collision or as the result of one-on-one enforcement efforts. Police officers often test everyone involved in a collision for chemical intoxication and will also screen drivers for signs of impairment during one-on-one traffic stops.
Police departments attempting to curtail drunk driving would potentially be able to stop many more people much more quickly if they conduct sobriety roadblocks or DWI checkpoints. Are these large-scale enforcement tools legal in New York?
The drivers in New York accused of a DWI cannot get the courts to throw out the charges against them by claiming that the checkpoint inherently violated their rights. However, they can establish that the checkpoint was inappropriate or run improperly as part of their defense.
The state typically needs to prove that there is a valid reason for the checkpoint and provide paperwork about the requirements for the checkpoint to the officers involved. There are also limits to how long an officer can keep someone stopped at a checkpoint unless what they uncovered during that stop creates the probable cause necessary to arrest the driver.
Those facing DWI charges because of a sobriety checkpoint may want to review the paperwork of the police departments involved, as mistakes with the paperwork could provide a solid technical defense.
Someone arrested at a DWI checkpoint could have several defense strategies available to them. A police officer who uses the same test unit multiple times in a short window of time may have failed to notice that the device was no longer properly calibrated, for example. Drivers could also present medical explanations that make it clear that alcohol was not necessarily the reason they performed poorly on a field sobriety test or failed a chemical breath test.
Learning more about the laws in New York can help you decide the best response to upcoming DWI charges.
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]]>The post Can people actually tell if you’re on drugs? appeared first on Cimasi Law Office.
]]>But the police don’t have access to this information at the time of arrest. They have no idea what substances may be in your bloodstream or your hair follicles. So how can they actually tell if you’ve been using and make that arrest?
Just as with alcohol, the police are often just looking for signs of impairment or changes in behavior that seem to allude to certain types of drug use. If they think that you’re acting in a way that shows you’re being influenced by the substance, then they may be able to take action, even though it will be a long time before they’d have any tests to prove their suspicions.
For instance, someone who uses methamphetamine may show some of the following symptoms:
The different symptoms can vary widely depending on the substances that are used. But officers may also just be able to see physical signs – such as red and dry eyes from someone who is high. They could pull you over for rolling through a stop sign, talk to you for a few minutes, and determine that you must be under the influence of something. Even if they don’t know what it is yet, genuine belief that you are under the influence may be enough to detain you and conduct those tests.
Drug charges are incredibly serious and they can really change the course of your life. If you have been arrested and you’re worried about the outcome of your case, it’s critical that you understand your legal defense options.
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]]>The post 3 housekeeping issues that could lead to drug charges appeared first on Cimasi Law Office.
]]>Your social behaviors and personality could trick people into suspecting you of drug-related misconduct. The way that you maintain your home could also lead your neighbors or the local police department to think that you might sell drugs or even manufacture them in your home.
What are some of the housekeeping mistakes that might make you look like a drug dealer or a drug manufacturer?
You may turn the lights on when you go downstairs to do a load of laundry and then forget to turn them off for the rest of the night. It may not seem like a big deal other than a slight bump to your electrical bill, but it might make anyone who drives past your home suspicious.
They might think that you have a marijuana grow operation in that space, which is why there are lights on even at late night times when clearly no one is awake. People might also suspect that you are awake, possibly due to abusing stimulants like methamphetamine.
Maybe you make fine art paintings as a hobby to offset the stress of your sales job. Perhaps you like to give all of your friends professional-grade manicures when you have ladies’ nights. You might have a pool or pet.
What you throw away can make people think that you have some kind of drug lab in your house. Chemicals like muriatic acid and acetone, household products like kitty litter and even many lithium batteries in your trash might make people who notice these items think that you have tried cooking methamphetamine.
An unkempt lawn draws a lot of attention. If you let the grass grow extremely long, people might start to suspect that you don’t actually live in the house full time and instead use it either as a space to manufacture drugs or as a place for you to transfer them.
On the other hand, even if you keep your lawn mowed regularly, big dead patches might make people suspicious as well. They might think that you dumped chemicals out on the grass late at night because there is no other way to dispose of them.
Realizing that certain bad housekeeping habits could put you at risk of drug charges can help you prioritize the chores that make the biggest impact on social opinion.
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]]>The post How can you protect yourself after a drug charge on campus? appeared first on Cimasi Law Office.
]]>You may want to resist the thought of using drugs in the dorm. New York universities treat student drug offenses seriously. Using or drinking in your dorm room may be a breach of the university code of conduct.
Alcohol may be considered as a drug. You may be 18, so enjoying a few drinks in your dorm may not be viewed in a positive light by campus authorities. If you become visibly intoxicated, your situation may be worse.
You may be arrested and charged with underage drinking. Your university’s authorities may treat your actions more severely because they are responsible for the safety of you and your fellow students.
Take your arrest and the charges seriously. After being charged and arrested, the university may begin the expulsion process. Your university may view student drug offenses as potential bad publicity, which they do everything they can to avoid.
Speak to the arresting officer and find out exactly what the charges are. Learning more about the drug charges you may be facing may give you the insight you need.
The charges you may be facing may have a definite impact on your educational plans and, possibly, your career goals. Your university seriously views its responsibility of guiding you as you adjust to living independently.
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]]>The post Using an illegal search as a defense to drug charges appeared first on Cimasi Law Office.
]]>The Fourth Amendment to the Constitution protects residents of the country from unreasonable searches and seizures. This means that the police cannot simply stop and search you for no reason, and they cannot search your home, car, bag or other protected areas unless certain circumstances are satisfied.
For example, in order to search your house, police typically need a valid search warrant issued by a judge or magistrate. If they arrest you, or if you give them permission, they can search your person and car.
They can also search your car if they have a reasonable suspicion that the search will reveal evidence of a crime. However, that reasonable suspicion can’t just be a guess – it has to be based on real, probable cause.
Probable cause is more than a hunch. It’s a reasonable belief based on something the police officer saw, that made them believe that it was likely that you had evidence of a crime in your possession.
If the police seize alleged evidence of a crime from your person or vehicle, but their initial stop wasn’t justified by probable cause, you can challenge the seizure of evidence as a violation of your constitutional rights. If you win that challenge, the court will not allow the prosecution to admit that evidence against you.
Having a conviction for drug use or possession on your record can have major consequences that can follow you around for your entire life. That’s why it’s important to work hard to prepare a rock-solid defense to present from the moment you get the charge.
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]]>The post What are the most common pharmacy errors? appeared first on Cimasi Law Office.
]]>The most common type of medical malpractice occurs around prescription medication. A doctor may issue the wrong drug to be filled, a pharmacy tech may misread the prescription label or the pharmacist may use the wrong drug to fill a prescription.
The causes of pharmacy malpractice are simple which contrasts dramatically with how much damage one mistake can do. Some common mistakes that lead to pharmacy errors are:
Errors are classified in two main categories: intentional and non-intentional. There is a large difference between a doctor who incorrectly diagnosis a problem and one who prescribes a medication without knowing the patient would prove allergic.
Pharmacy errors can also come at no fault of the pharmacy or prescribing doctor. Patients who fail to fill or pick up a prescription may suffer severe consequences. Similarly, a patient who takes medication in a manner not prescribed by their doctor runs a similar risk of injury.
Repercussions of a failed lawsuit against a doctor or pharmacist can be severe. If a medical professional is convicted of malpractice, they may be fined, or may have their license suspended or revoked.
However, not all malpractice lawsuits will result in such severe punishments. As some malpractice issues may arise because of the patient’s irresponsibility, there is a chance a doctor may be exempt from punishment.
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