WHAT IS THE STATUTE OF LIMITATIONS FOR CRIMES IN NEW YORK?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in violent crimes on Friday, August 30, 2019.

The Sixth Amendment of the U.S. Constitution entitles you to a speedy and public trial for any criminal charges you face. New York statutes of limitations are partly inspired by this idea.

The statutes of limitations are laws that limit the amount of time that a prosecutor has to file charges against you. However, certain situations might extend this time limit.

Your rights are of the utmost importance. That is why these laws are in place: to preserve your ability to gather the evidence necessary to defend yourself. However, the government has balanced the rights of defendants against the rights of victims. This results in longer time limits for more serious charges.

The time limit for a prosecutor to bring charges generally starts after the crime is discovered. As listed on FindLaw, here are some examples of legal time limits:

One year for many misdemeanors
Three years for violations committed against minors under fourteen
Three years for offenses they could carry prison sentences
Six years for charges they could have eight or more years in prison
Unlimited for murder, heinous crimes and embezzlement of public
The requirements for the prosecution to prove a case against you are relatively strict in New York courts. However, you would typically find that the quality and quantity of evidence available to support your defense decreases over time. Understanding the statute of limitations and the unique influence it has over a case’s outcome is often one of the key elements of a complete criminal defense strategy.

All crimes require a personalized and stringent defense, especially violent crimes with extreme penalties and long time limits for filing charges. Therefore, please do not use this as legal advice. It is only meant to inform you.

WHAT CRIMES FALL UNDER FEDERAL LAW
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in federal crimes on Monday, August 19, 2019.

You may have committed and were accused of a crime. With some accusations, it’s hard to know whether you’ll be charged with a state or federal crime. What constitutes a federal crime?

A crime will be considered federal if it violates United States federal legal codes or if the one accused carried or performed their criminal activity across multiple states. Commercial fraud, wire fraud and drug trafficking are a few examples of federal crimes.

Other circumstances that will affect a crime’s federal status are as follows.

· Aggravated factors: Crimes such as different forms of fraud, assault, battery, theft and sexual abuse can become a federal issue if aggravated factors are applied. Some aggravated factors include, re-committing the same crime, committing the crime in front of a child, a lack of remorse or the level of harm done to the victim. Aggravated factors differ by jurisdiction. In addition to federal prison time, these factors could also lead to the loss of driving privileges, gun ownership and your rights to be around children.

· Crimes against the government: This sounds self-explanatory, and it is. If you commit a crime against your government, you will face prosecution in a federal court. Examples of said crimes are decrees to overthrow the government, hacking a federally owner computer system or server or identity theft of a state or federal official.

· Terroristic behavior or intentional harm: Most crimes associated with these types of behavior lead to injury or death. Many crimes that lead to the harm of many individuals are terroristic behavior. Crimes which it was clear and evident that harm against the victim was intentional will carry a federal conviction.

· Federal property: If you commit a lower-level state crime on federal property, you will be charged with a federal crime. Examples of federal property include Native American reservations, government housing and any other commercial property or building owned by the federal government.

The accused deserve high-quality representation to fight for their rights and innocence. An attorney known to fight for the people is your best hope if you end up being accused of a federal or state crime.

ARE THERE DIFFERENT KINDS OF CONTROLLED SUBSTANCES?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in drug trafficking on Saturday, August 17, 2019.

You may know that it is illegal to sell a controlled substance in New York. However, you may not always know just what a controlled substance is. It is important to know how medications and other substances are classified so you can stay out of trouble.

Most substances fall into a tier system. GoodRX.com says substances are usually classified as either non-controlled or controlled, and the controlled materials usually have several sub-categories. Controlled substances are controlled because you can become mentally and physically dependent on them if you ingest these drugs for too long. The tier system lays out how addictive a drug is. It is usually harder to access the most addictive substances, and doctor’s offices generally have strict requirements for accessing the lower-level substances.

If a drug has a Schedule I status, this means that you cannot purchase it legally even with a prescription. These substances generally may be easy to abuse and they usually do not have a medical use. Schedule I drugs include heroin and cocaine. A Schedule II substance includes drugs such as Adderall and Vicodin. These drugs are controlled substances because you may easily abuse them. You can legally access these drugs if they have a written prescription. If a substance is a Schedule III drug, then it is less likely that you will abuse it. This category includes medications that contain codeine. Because some people may become dependent upon this classification of drug, physicians usually have refill restrictions.

The lowest classifications of controlled substances are Schedule IV and Schedule V drugs. Most of the time, it is unlikely that someone will abuse these medications. A physician may only allow a certain number of refill for Schedule IV prescriptions to ensure you use them responsibly. This category includes drugs like Xanax. A Schedule V substance includes medications like Robitussin AC. While there may be some narcotics in these medications, you typically do not have to follow a doctor’s requirements to access these drugs.

This information is intended to educate. It should not be used in place of legal advice.

IS RIOTING A FEDERAL CRIME?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in federal crimes on Friday, August 2, 2019.

As a New York resident, you can exercise your ability to say what you want, protest what you don’t agree with, and make your opinions known. But when does protesting become rioting? Just how much trouble can you get into if you become involved in a riot?

First of all, rioting is considered a federal crime, as it is a crime against the government. FindLaw takes a look at the punishment those convicted of rioting may face. They can be imprisoned for up to 5 years and will also likely be fined.

Rioting itself is defined as a situation in which protests become violent, or protests in which violence is incited. Rioting usually involves the destruction of property and can sometimes entail the harming of civilians or law enforcement figures. Key examples include the smashing of windows or throwing objects at police.

Inciting riots is also illegal. This includes people who are not directly at the protest but instead pass on instructions or incite riots through correspondence such as phone calls, texts, emails, or social media messages.

In cases where violence is not involved but you are still demonstrating without proper permits or outside of the permitted jurisdiction, the charge will likely be that of an unlawful assembly rather than a riot.

It should be noted, however, that the law against rioting is specifically not for preventing use of facilities if you are participating in a protest that is being organized lawfully by laborers. If you believe you are being wrongfully accused of rioting, consider contacting an attorney who can help defend you.