ABOUT NEW YORK’S GOOD SAMARITAN LAW1. Happen in a home and in the presence of others;
2. Most deaths do not occur instantly, they occur 1-3 hours after the overdose; and
3. Immediately calling for medical help greatly reduces the chances of death. Continue reading
What is Syracuse Drug Court and is it right for me?
This week, a caller asked if we thought Syracuse Drug Court was a good idea. Our answer was that we think drug court is a great idea for certain clients. Syracuse Community Treatment Court (SCTC) commonly known as Drug Court oversees delivery of Continue reading
A Krock listener called with this story: She was in a car with her 3 friends smoking marijuana, the police came to the car, smelled the smoke, and asked all the vehicles occupants to step out of the car. The girl herself had no marijuana on her person or in her purse, however two of her other friends did, and in the car, was a drug called “molly”. All of them were charged with possession of the drug. Her question was “How can they charge me when I had nothing on me, especially with a drug found in the car?”
They can and they will. NYS Penal Law section 220.25 provides that
“The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found…”
This is known as the Automobile Presumption.
But what about Due Process, that protects against loss of life, liberty, or property without fairness? The rationale of this statutory presumption lives through the due process clause because a) The law could make the conduct a crime in and of itself; b) A rational connection exists between proven and presumed fact; c) It is easier for the defendant to disprove than the prosecution to prove the presumed fact. We should note that these presumptions also apply in cases such as stolen goods, and crimes such as robbery.
The take home message here, choose your friends wisely. The people you choose to associate yourself with could impact your life, as well as your criminal record. Certainly, there are constitutional questions and defenses to be raised in such circumstances. If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to give us a call at 315-701-2939 or CONTACT OUR OFFICE Online.
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NY Room Presumption- Guns and Drugs belong to everyoneWe posted a blog awhile back titled Drugs in a car are Everyone’s Drugs- The Automobile Presumption. We received quite a bit of feed back on that, as many people were unaware that they could be charged with possession of not only drugs, but also weapons if they are in a car with someone who has drugs or weapons.
Addressing some of the questions and comments we heard from that post here, we also wanted to bring up another legal presumption here in NY State, the Room Presumtion. New York Penal – Article 220 – § 220.25 Criminal Possession of a Controlled Substance; Presumption states that “The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room…controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found;…” Similar articles are in place for illegal weapons as well.
So you’re at a party where there are drugs, yes you can be charged with possession even if you were not using the drugs, touching the drugs etc… Same goes for illegal weapons. It’s important to note here, illegal weapons are not limited to guns when it comes to the Room Presumption. There are many items which can be considered illegal weapons.
Another important point as we discussed in our article Felony on your record? Stay away from guns! Is that merely being in the same room with a gun could violate a person’s parole, probation or even in just the case of a felony record result in a double sentence if considered a predicate if the conviction is less than 10 years old.
The take home message here, once again- choose your friends wisely. Know your surroundings and who is around you. The people you choose to associate yourself with could impact your life, as well as your criminal record. Certainly, there are constitutional questions and defenses to be raised in such circumstances. If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
So you think it’s no big deal, you have a little pot on you at school- maybe you sell a little bit to a friend, not much- maybe enough to roll a single joint with. After all marijuana is decriminalized in NY right? You can’t be charged with any real crimes right? Wrong. A big wrong that could have huge impacts on your entire life.
Yes, it’s true in NY State Unlawful Possession of Marijuana is considered only a violation and subject to only fines on your first or second offense and “only” a fine and/or 15 days in jail on your third offense. The game all changes when it happens on school grounds. That little bit of marijuana that you sell to a friend for a few bucks becomes subject to felony charges that could have a significant impact on the rest of your life.
Section 221.5 of NYS Penal code provides that “A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, OR knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.” Criminal sale of marijuana in the second degree is a class D felony. A class D felony could be punishable of 1-3 to 7 years in prison. In addition, a felony conviction on your record will affect you ability to receive federal and state student loans, could prevent you from obtaining professional licenses, firearm permits, and make you ineligible for certain jobs.
Already thinking twice about having drugs in school or selling/sharing with friends? Good but wait – there is more. Depending on the circumstances, amounts, and other variables, you COULD open yourself to charges in violation of Section 220.44 Criminal sale of a controlled substance in or near school grounds. Criminal sale of a controlled substance in or near school grounds is a class B felony. All the same ramifications of felony convictions on your record that we told you about above hold true and in addition, non-violent class B felonies carry a sentencing guideline of 1-3, Max 25 years. This includes recreational drugs like psychedelic mushrooms, acid, narcotic pain pills, hashish, ecstasy, and of course cocaine and heroin. “Harmless experimentation” with these popular drugs in or around schools is a very serious mistake! It’s certainly not harmless to your health or your future.
If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE
See related articles:
This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
