DELAYED CHARGES FOR VEHICULAR HOMICIDE CAN OCCUR AFTER CRASHES
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC on Friday, January 24, 2020.

If you get behind the wheel after drinking too much alcohol, taking prescription medication or trying recreational drugs, you have a substantially higher than average risk for causing a major collision. A crash related to impairment will likely mean that you face criminal charges brought by the state of New York. The exact scenario will impact what charges you face.

You can face specific charges related to the act of impaired driving, as well as charges related to the impact of your driving decisions. In addition to an impaired driving charge, for example, a driver who causes a crash that produces serious injury could face vehicular assault charges, as well as reckless driving charges.

You may feel fortunate if the crash you caused initially seemed to have only caused serious injuries. However, the medical condition of the other people involved in the crash could change. If someone succumbs to injuries that were not initially fatal after the crash, the state could decide to charge you with vehicular homicide despite the death not occurring at the scene of the crash.

The death does not need to be instant to be the result of impaired driving

People often find the idea that they could be held responsible for delayed consequences from a drunk driving crash very confusing. They might feel like they should only be responsible for charges related to injuries or property damage if someone died weeks or months after the initial collision. However, your criminal and financial liability related to the crash does not stem from the immediate aftermath but the full effect of your decisions.

Just like the surviving family members of the now-deceased injured party could bring a wrongful death claim against you related to the delayed loss of life, so too could the state of New York choose to bring charges against you, even if they formerly declined to do so.

The greater your impairment, the greater the potential risk

The way that New York charges vehicular homicide depends on the scenario. The vehicle and the degree of impairment in the driver will influence what kind of charges the state brings against someone.

An impaired driver over the limit for blood alcohol concentration (BAC) of 0.08% could face second-degree vehicular homicide charges. However, those who fall into the so-called super drunk category with a BAC of 0.18% or higher could face first-degree vehicular homicide charges.

Anyone who causes injury or death to other people in a crash that law enforcement officers allege involved alcohol or drugs could face serious penalties, including jail time. Delayed-onset conditions and worsening symptoms could mean that a situation that originally did not result in criminal charges later does.

DEFENSE STRATEGIES TO CONSIDER FOR DRUG TRAFFICKING CHARGES
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in drug trafficking on Thursday, January 16, 2020.

Any type of drug charge can be life-changing upon conviction, but many law enforcement and government agencies take a particularly aggressive stance against drug trafficking. In New York, those convicted of drug trafficking will likely face harsh consequences. Possible sentences include the following.

Major drug traffickers typically receive a sentence of 15 years to life in a prison
Second-time offenders will receive a sentence of 12 to 20 years of imprisonment
Nonmajor drug traffickers could face eight to 20 years of imprisonment as well as a post-release supervision period of five years
Along with imprisonment, those convicted of drug trafficking must also pay a fee from $5,000 to $100,000
As you can see, drug trafficking is an extremely serious offense in the eyes of the state’s lawmakers as well as on the federal level. Serious charges call for a serious response from defendants. Ignoring the charges or merely hoping for a good outcome is insufficient.

There are several strategies drug trafficking defendants can consider to minimize the penalties, or in some cases, overcome conviction altogether. A criminal defense attorney can help you explore your options and choose the best defense for your unique situation. Some of these defenses include:

Entrapment perpetrated by law enforcement personnel
No intent to traffic or distribute drugs
No knowledge of the drugs in question
Drugs were for your personal use only
Infancy, which only works for defendants younger than 16 years of age
Choosing an effective defense strategy requires a thorough knowledge of the state’s laws. As most regular citizens lack this in-depth knowledge, it is wise to have a legal advocate on your side. This is so for all drug charges, but it is especially important when facing a possible drug trafficking conviction.

WHAT’S SO WRONG ABOUT INSIDER TRADING?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in federal crimes on Thursday, January 2, 2020.

Many of us have come to hear about the crime of insider trading through news stories about individuals like the home design guru Martha Stewart. While many individuals may have a general idea as to what insider trading is from hearing stories about people like her, most people only understand one aspect of what this crime is. The list of actions that may be considered insider trading is far more expansive than you may expect it to be.

The U.S. Securities and Exchange Commission (SEC) refers to insider trading as buying or selling a security. If someone breaches their fiduciary duty to another after coming to know nonpublic information about it, then they may have committed a crime. This offense essentially amounts to one person with insider knowledge about security tipping another individual off about needing to trade it.

SEC officials have filed many different insider trading cases in recent years for a variety of reasons.

In one instance, a group of affiliated individuals including friends, family members and business associates all traded their securities after being tipped off by insiders that it was conducive for them to do so. In another instance, employees and board of directors who owned corporate securities were motivated to trade their holdings after learning of a confidential change in the company’s status.

There have been cases that the SEC has investigated that have involved political intelligence officials or government employees learning classified or proprietary information during their employment. The individuals who have gotten their hands on this information have used it to their advantage when deciding whether to trade securities. This type of activity may also be considered insider trading.

The SEC argues that individuals who engage in insider trading undermine the integrity and fairness of the securities industry. The federal agency argues that by doing away with insider trading, it restores investors’ confidence in the market.

Federal officials often spend significant time and financial resources investigating individuals before charging them with a crime. Prosecutors do this because they want to make sure that they have every opportunity of securing a conviction in any case that they file against a defendant. This is why you must consult with an attorney if you’ve been charged with insider trading. Your New York lawyer can help you devise a defense strategy in your case.