HOW SERIOUS ARE DRUG TRAFFICKING CHARGES?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in drug trafficking on Friday, July 19, 2019.

New York residents like you are facing some potentially hefty penalties if you are convicted of drug trafficking charges. We at the Law Office of Scott G. Cerbin, Esq., PLLC, are here to explain some common concerns and questions that people facing these charges may ask.

On the topic of how serious these charges are, they are more severe than drug possession charges. Drug possession is typically a more common charge, as prosecutors only need to prove that you were aware that you had the drug in your possession in order to have a good chance of getting a conviction. With trafficking charges, they also need to prove that you had an intent to sell.

Because of this, many cases for drug trafficking are based on circumstantial pieces of evidence. This can include incriminating notes or phone calls. Sometimes, drug trafficking charges may come from “stings” in which police go undercover in an attempt to bust people.

In New York, trafficking charges are all felonies. There are five degrees that you can be charged with. A first offense fifth degree felony will still result in one to two years of time in jail. A major offender may be sentenced from 15 years to life. Anyone who is convicted will also have to deal with hefty fines, regardless of the degree.

Have you been charged with matters related to drug trafficking offenses? If so, consider taking a look at our web page on drug trafficking charges, linked here. We have a helpful frequently asked questions segment that can clear up some confusion and misconceptions surrounding this area of law.

SEE HOW THE NEW YORK MARIJUANA LAW CHANGES AFFECT YOU
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC on Friday, August 9, 2019.

On July 29, Gov. Andrew Cuomo decriminalized statewide simple possession for pot to a mere violation punishable by only fines. The law is set to take effect 30 days from the day the governor signed the bill into law.

Once in effect, charges of criminal possession of marijuana of less than an ounce will result in a $50 fine. For amounts less than two ounces, the fine is capped at $200.

Records can get wiped

The door is now open for retroactive expungement of misdemeanor marijuana convictions for those who have been busted for pot in the state of New York.

As stated by Gov. Cuomo, “Communities of color have been disproportionately impacted by laws governing marijuana for far too long, and today we are ending this injustice once and for all.”

Cuomo added that it was important to offer those “who have suffered the consequences of an unfair marijuana conviction with a path to have their records expunged.”

Close, but no cigar

Citywide, more than one district attorney ceased prosecution of those arrested for possession of small amounts of pot. Such was also the case in many other legal jurisdictions in the state prior to the passage of the legislation.

State legislators strived to fully legalize recreational marijuana. But their attempts fell too far short of the mark after negotiations between the New York Senate, Assembly and Gov. Cuomo.

Marshaled forces beat back legalization

Lawmakers in some of the more suburban and rural counties opposed legalization, citing concerns of pot users driving under the influence.

There are some unresigned matters surrounding how marijuana will be regulated and subsequently taxed. Opposition was also very strong from some medical groups, law enforcement personnel and parent-teacher associations.

What that means for you

If you got caught up in a minor pot bust in the past, you should learn how your record can get cleared of the charge. If you find yourself getting shaken down by the cops on the streets here in Brooklyn, you should be reassured that being caught with a small amount of marijuana just got a lot less serious.

Of course, it’s always better to avoid any arrests and convictions than it is to defend them and have them expunged. A hard-hitting criminal defense attorney can challenge evidence the prosecution has against you and mount a credible defense to the charges.

WHAT DIFFERENTIATES VEHICULAR ASSAULT FROM HOMICIDE?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Friday, July 5, 2019.

New York residents who end up involved in a deadly crash may face one of two charges: vehicular manslaughter, or vehicular homicide. Though these charges may sound the same initially, they are for different crimes and carry different penalties if you are convicted.

As Cornell Law School defines, vehicular homicide is considered the killing of a human being by the reckless operation of another vehicle. Generally speaking, it is easier to prove vehicular homicide over vehicular manslaughter because less proof of criminal intent is needed. However, vehicular homicide is still considered a second degree felony in many states, which carries a large prison sentence, a huge fine, and community service hours. First degree offenses are even more intensive and can include up to 30 years in jail.

Vehicular manslaughter is also a second degree felony in many cases. A major difference is that a person who is charged with DUI-related vehicular manslaughter will often be required to take classes or programs meant to help if you are struggling to recover from addiction or substance abuse. Manslaughter is also considered to be the harsher charge and will result in longer jail sentences and heftier fines if you are convicted.

Due to the different penalties related to these charges, it is important to understand which one you may be facing and why you will be facing it. Regardless, both charges are very severe. This is why you may benefit from the aid of an attorney well-versed in vehicular homicide cases who can help you represent yourself.