Will a Criminal Defense Attorney Help With Drug Possession Charges?

Posted on August 16, 2011 by admin

If you find yourself on the receiving end of drug possession charges in New York State, you may be faced with hefty fines or jail time. Many of these charges are made indiscriminately, and with a presumption of possession charge, an entire group can be charged even if they had no prior knowledge of the presence of drugs. Facing drug possession charges can impact your quality of life, as these charges remain on your record and can impact your ability to find or keep a job that performs criminal background checks.

The first thing you should do to help reclaim your life is to contact a criminal defense attorney with a proven record of success. Drug crimes are prosecuted in conjunction with federal laws, and New York follows the federally mandated drug schedules. These schedules, along with the amount of the drug found in possession, determines the penalties the accused will face. Some of the drugs that are included in these schedules are as follows:

  • Schedule I – heroin, marijuana, LSD and peyote.
  • Schedule II – opium, cocaine and methadone.
  • Schedule III – nalorphine, anabolic steroids and lysergic acid.
  • Schedule IV – hypnotics and sedatives.
  • Schedule V – cough medicines, including codeine.

Knowing which schedule of the drug you are charged is important, as drugs that fall under Schedules I and II are subject to harsher penalties than the remaining three schedules. A knowledgeable criminal defense attorney can help you establish a viable defense in light of these federal mandates and improve your chances of lesser charges or more reasonable penalties.

In addition to proving that the defendant was in possession of a controlled substance, the prosecutor must also establish that the drug was in the defendant’s possession knowingly and that the possession was unlawful. A criminal defense attorney with experience in defending drug crimes can help you debunk any false charges and help you reclaim your innocence.

If you are facing drug possession charges, contact the offices of George Vomvolakis right away to discuss your case. The office may be reached via email at gvomvolakis@vomlaw.com, by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.

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Will a Criminal Lawyer Help With Charges of Drug Trafficking?

Posted on August 9, 2011 by admin

Drug trafficking crimes are among the crimes that have seen an increase in recent years. With the increase of these types of crimes, law enforcement has bolstered their efforts in the war on drugs. Drug trafficking is prosecuted at the federal level by the U.S. Drug Enforcement Agency (DEA), and even first offenses can be charged as a felony and lengthy jail sentences can be applied. The only way to protect yourself in the event you are charged with a drug trafficking crime is to find a knowledgeable New York criminal lawyer.

When it comes to the difference between the lesser charge of intent to sell/distribute and the much more serious drug trafficking, the latter applies when there is both intent to sell and a large amount of drugs are in possession. While the specific penalties related to these crimes are heavily dependent upon the amount and the drug in possession, the following substances will put you at risk for federal drug trafficking charges:

  • Marijuana/Hashish
  • Cocaine/Cocaine Base
  • Fentanyl/Fentanyl Analogue
  • Heroin
  • LSD (Acid)
  • Methamphetamine (Crystal Meth)
  • PCP
  • Flunitrazepam (Rohypnol/Roofies)

Even the lowest penalties can still result in excessive fines, which is why an experienced criminal lawyer is critical to the success of your defense. With the DEA’s aggressive pursuit of drug trafficking offenders, these crimes are built against the accused with collaborative efforts at the local, state and federal levels. Having an equally aggressive criminal lawyer is the best way to protect your future and your freedom.

George Vomvolakis Law Offices can help you establish the strong defense you need if you are facing drug trafficking charges. The firm can assist with cases in all counties of New York City, Long Island and Westchester. Additional exceptions may be made for other counties in New York State. To discuss your case with an experienced criminal lawyer, contact the offices of George Vomvolakis via e-mail at gvomvolakis@vomlaw.com, by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.

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The Difference Between a Aggravated DWI and Regular DWI

Posted on August 2, 2011 by admin

Finding yourself on the defending end of a DWI charge can be an expensive, time-consuming hassle, but it can easily be prevented simply by educating yourself about the laws you are up against. New York state law includes three levels of DWI charges, including the most serious and most complex charge – aggravated DWI.

Understanding how authorities determine which charges to apply is crucial. The clearest difference is based on the driver’s BAC, but as with all legal charges there are a number of factors to consider, including prior offenses. The breakdown for the levels of these charges is as follows:

  • Driving While Ability Impaired by Alcohol (DWAI). This charge covers any drivers with a BAC between .05-.07. A first or second offense is deemed a traffic infraction, while a third offense will lead to a misdemeanor. Fines for the DWAI charge range from $300-$1500, and potential jail sentences are between 15-180 days.
  • Driving While Intoxicated (DWI). Drivers with a BAC of .08 or higher will face this charge, as will those who are driving while impaired by a drug (DWAI-Drug) or those under the influence of multiple substances (DWAI-Combination). First offenders in this category will receive a misdemeanor charge, while repeat offenders qualify for as high as a class D felony. Fines can be anywhere from $500-$10,000, and jail sentences could be up to seven years.
  • Aggravated Driving While Intoxicated (AGG-DWI). The most serious offense, this charge is applied to drivers who have a BAC of .18 and higher. As with the DWI charge, first offenders will face a misdemeanor charge and can escape with fines starting at $1000. Second and third offenders could find themselves with a class E or D felony and penalties as high as $10,000. Jail sentences can again be up to seven years.

While at first glance it may appear that the difference between the DWI and aggravated DWI is slight, an aggravated DWI can prove much more problematic in the long run. Repeat offenders with a prior aggravated DWI conviction can be forced to implement an ignition interlock system and are much more likely to face inflated fines and lengthier license suspensions.

Understanding the subtle differences in these laws can be a difficult undertaking. If you find yourself faced with an aggravated DWI or one of its lesser counterparts, you should get in touch with a New York DWI lawyer right away.

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What Does a Defense Attorney Know About Credit Card Fraud?

Posted on July 26, 2011 by admin

With the increased use of and dependence upon credit and debit cards instead of cash, credit card fraud has been on the rise in recent years. In order to address the serious nature of these crimes, more aggressive laws have been developed to combat them. Credit card fraud straddles both fraud and theft charges, depending on the nature of the crime. Hiring a knowledgeable defense attorney can help you determine what you are up against and the best course of action to build a viable defense.

While the most common form of credit card fraud is unauthorized use of a credit card not belonging to you, additional offenses can include:

  • Credit card theft. In addition to theft of the physical card, illegal acquisition of credit card information may also be charged as theft.
  • Unauthorized card use. Regardless of whether you found a card or knowingly stole it, use of that card without the owner’s permission is illegal.
  • Fraudulent card acquisition. Applying for a card or credit in someone else’s name, whether it is done via phone, internet or mail, is also illegal.
  • Manufacturing counterfeit cards. “Skimming” has become an increasingly popular fraud tactic. Stolen credit card numbers are applied to a dummy card, which is then used illegally.
  • Use of spam email or false websites. “Phishing” is used to gather card numbers by baiting victims into willingly providing their numbers to thieves.

As the methods of credit card fraud evolve, use and possession of the actual credit card is less common and more crimes happen online with use of the number alone. In the event the physical card is utilized, forgery charges may also come into play if falsified signatures and information are provided. If you have been wrongfully accused of credit card fraud, an experienced New York defense attorney can help you fight the charges.

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The Three Degrees of Burglary

Posted on July 12, 2011 by admin

When most people think of “burglary” they probably immediately associate it with theft. While theft is commonly a component, it is not the only reason a person may be charged with burglary. If you are facing burglary charges, it is important to understand the three degrees of burglary and how they differ, as well the potential penalties for each of the charges. Here are the three degrees of burglary as defined by the state of New York:

  • Burglary in the third degree. A class D felony and lowest of the three charges, third-degree burglary is charged when a person enters a building (or remains in said building unlawfully) with the intent to commit a crime. While very basic in its definition, the class D designation is most notably defined by the lack of weapons, physical harm or threats.
  • Burglary in the second degree. A more complex version of the third-degree charge, it is a class C felony and is considered a violent crime under New York law. Application of this degree can also be affected if the building is a dwelling, if a weapon is involved or if physical harm is caused to another person.
  • Burglary in the first degree. The most severe of the charges, first-degree burglary is a class B felony. It is applied when the building is a dwelling. Escalation from second degree is caused by the use of a dangerous instrument. A potential defense exists if it can be proven said weapon was incapable of causing death or other serious injury. Success with that defense shall not exempt defendant from potentially being convicted of one of the lesser degrees.

Felonies in New York are assigned in descending weight from class A to E, and the felony classes are dependent upon which of the three degrees of burglary charges apply. New York defines burglary as “unlawful entry,” not necessarily via breaking and entering. This means that even if you gained entry to the location with keys or through an unlocked door, your presence in the building can garner you a burglary charge.

As with all crimes, punishment is heavily dependent upon any predicate charges, and felony charges deemed “violent” (typically those involving a weapon) carry a more severe punishment. The best way to establish a viable defense if you find yourself charged with one of the three degrees of burglary in New York state is to contact a knowledgeable defense attorney.

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Can a Criminal Attorney Help With an Assault Charge?

Posted on July 5, 2011 by admin

Assault charges are very common offenses, and frequently weighted more heavily than the situation calls for. New York criminal attorneys can help clients defend themselves against assault charges that may be incorrectly charged. Article 120 of the New York Penal Code defines how these charges are determined and their penalty designation. An assault charge can range from simply a violation up to a class E felony (felonies in New York are assigned in descending weight from class A to E).

Basic assault charges are broken down into three degrees: first, second and third. In addition to the basic first, second and third degree assault charges, there are a vast number of additional charges that are considered sub-charges underneath the umbrella of “assault.” Some of these charges include:

  • Reckless assault of a child;
  • Vehicular assault;
  • Gang assault ;
  • Assault on a peace officer, police officer, fireman, or emergency medical services professional;
  • Aggravated assault upon a person less than eleven years old;
  • Menacing;
  • Hazing;
  • Menacing a police officer or peace officer;
  • Reckless endangerment;
  • Promoting a suicide attempt;
  • Promoting a suicide attempt when punishable as attempt to commit murder;
  • Stalking; and
  • Luring a child

Some of these charges have varying degrees themselves. Stalking, for example, has four degrees which can range from a misdemeanor up to a class D felony depending upon the severity and circumstances surrounding the charge. Educating yourself on the particular assault charge you are facing, and any potential degrees associated with that charge, can help your criminal attorney establish a viable defense and potentially negotiate a lesser charge. An attorney can also find possible ways in which the charges initially applied may be deemed as too severe.

For expert advice tailored to your specific case, the best approach is to get in touch with a New York criminal attorney with experience in assault charges. To set up a consultation to discuss your case details, contact the law offices of George Vomvolakis via e-mail at gvomvolakis@vomlaw.com, by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.

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Drunk Driving Fines

Posted on June 28, 2011 by admin

As law enforcement agencies seek to crack down on drivers under the influence of alcohol, fines and penalties associated with these crimes continue to increase. License suspensions and jail sentences are also potential repercussions, but the most common way drivers convicted of a DWI in New York are impacted are through expensive drunk driving fines that can reach into the thousands if the accused is a repeat offender.

The level of a DWI charge is determined by the BAC of the accused. These levels include: Driving While Ability Impaired by Alcohol (DWAI, BAC of .05-.07), Driving While Intoxicated (DWI, BAC of .08 and higher) and Aggravated Driving While Intoxicated  (AGG-DWI, BAC of .18 and higher). The drunk driving fines in turn are then based on which level of DWI applies. The levels of these conviction fines are as follows:

  • DWAI – The lowest of the three possible charges, this level can range from a traffic infraction charge of $300 for a first offense to a misdemeanor charge carrying a $1,500 fine for a third offense
  • DWI – Offenders will face fines of $500 for their first offense, which will be considered a misdemeanor, but repeat offenders can find themselves fined up to $10,000. Repeat offenders may also be charged as Class E and D felonies.
  • AGG-DWI – The repeat offenders here will again be slapped with the felony charges and face fines as high as $10,000, similar to the DWI charge. First offenders can still escape with a misdemeanor charge, but the minimum fine they face is $1,000.

It is important to note that these drunk driving fines are indication of the conviction fine only. This does not include any mandatory conviction surcharges, crime victims assistance fee, civil penalty or fines associated with additional charges. Even the most expensive of these charges can end up much higher once all additional penalties, court fees and any attorneys’ fees are factored in. Additionally, all of these charges put convicted offenders at risk for lengthy license suspensions or even charges associated with installing and maintaining an ignition interlock device on their vehicle.

While the only surefire approach to escaping drunk driving fines is to avoid getting behind the wheel after drinking, but hiring an experienced New York DWI attorney can help you protect yourself if you have already been charged. To discuss your case, contact the offices of George Vomvolakis via e-mail at gvomvolakis@vomlaw.com, by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.

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What To Do If You Get Stopped For a DWI

Posted on June 21, 2011 by admin

Finding yourself on the side of the road with a police officer shining his flashlight in your eyes is never a preferred experience, especially if you were drinking before you got behind the wheel. Authorities are becoming more aggressive in seeking out drivers who are under the influence, and New York is no exception. What you do after you’ve been pulled over can influence the outcome of your experience, so make those critical first few moments count. If you’ve been stopped and are at risk for a DWI charge, it’s useful to remember these tips:

  • You really do have the right to remain silent – and you should. Even if you have not yet been placed under arrest, you can opt to stay silent as to avoid further incriminating yourself. However, you should still be compliant, so provide the officers with the documentation they request and answer basic questions like name and address. Don’t complicate the situation by being abrasive or trying to flee the scene.
  • Contact a lawyer immediately. You have the right to request legal advice right away, so don’t face this ordeal on your own, especially if you are facing charges. Getting in touch with a DWI lawyer from the scene can be a proactive approach to your defense and help you understand what you are up against.
  • You can decline the field sobriety and breathalyzer tests. If you know for sure you are over the limit, decline the officer’s request to administer a field sobriety test. Under New York state law, you may be subject to fines and an automatic license suspension by refusing (you sign a consent waiver when you apply for your license). If you choose to submit to the tests an experienced DWI lawyer can potentially refute the results of the tests, as they can be proven to be unreliable in some cases.

While the best way to safeguard yourself against a DWI penalty is to refrain from driving if you’ve been drinking, in the event you are stopped following these tips can help improve your chances and provide you with a best-case outcome. If you’ve already been charged and would like to discuss your case, contact the offices of George Vomvolakis via e-mail at gvomvolakis@vomlaw.com, by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.

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What Does a Criminal Defense Attorney Consultation Include?

Posted on June 14, 2011 by admin

If you find yourself charged with a crime, the first thing you should do is find a New York criminal defense attorney that specializes in handling the offense you are charged with. Any reliable attorney should be willing to meet with you for a consultation to review your case in person. This will allow you to determine if you’re a good match as a potential client. Research the attorney’s history of success defending clients in similar situations, as well as the laws and penalties that you are faced with.

During your criminal defense attorney consultation, the attorney will want to review your history, including any prior offenses, and establish what your goals are. The facts of your case will be reviewed, and a course of action for your defense will be established. The attorney should also provide you with a rough estimate of the cost of the services so that you know what to expect. To ensure an optimal interaction, you should bring the following to your criminal defense attorney consultation:

  • Knowledge of the charges against you. Your best defense is having a clear understanding of the laws surrounding your charges. Utilize New York State websites and, if applicable, federal websites to ensure that you’re receiving credible information. Make note of anything that is unclear or that you think may be beneficial to your defense so that you can discuss these items during your consultation.
  • Any and all documentation you have. It’s important to bring any legal documentation you’ve already received with you to your consultation. This includes summons, police reports, and jail documentation, as well as documents for any prior charges pertinent to your current case. Aside from any legal paperwork, be sure to bring along any additional case-specific information you have, such as insurance documents, receipts or hospital records.
  • A list of questions for the attorney. Attorneys understand that most clients will not have a comprehensive knowledge of the law, even if they have taken the time to familiarize themselves with their charges. It is the lawyer’s job to ensure that the client understands what he or she is up against, so don’t be afraid to ask questions during your criminal defense attorney consultation.

Finding a reliable, experienced criminal defense attorney can make all the difference in the outcome of your case. To set up a consultation today, contact the offices of George Vomvolakis via e-mail at gvomvolakis@vomlaw.com, by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.

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3 New York DWI Laws You Should Know About

Posted on June 9, 2011 by admin

Everyone can agree that driving under the influence is a bad decision, but most people probably aren’t aware of just how detrimental a DWI conviction can be for the offender. States across the country are cracking down more each year, and New York is no exception.

While loss of license, expensive fines and inflated insurance premiums are common repercussions of breaking DWI laws, those are some of the lesser penalties one can face. New York has added more provisions to make their DWI laws and their resulting punishments even more stringent, including these three that you should familiarize yourself with:

  1. The “legal limit” is lower than you think. While a BAC of .08 or higher will put you in the DWI category, a BAC of .05-.07 is enough to garner you a DWAI charge. While it typically yields lower fines and penalties than the DWI, it can still result in much the same outcome. While the lowest tier is considered a traffic infraction, repeat offenses can quickly become misdemeanors.
  2. Zero Tolerance for minors. A conviction for drivers under 21 with a BAC of .02-.07 will result in a 6-month license suspension along with monetary fees and penalties. An additional underage offense will result in loss of license for one year or until the offender reaches age 21, whichever is longer.
  3. Ignition Interlock Devices/“Leandra’s Law.” New York now requires that anyone convicted of felony or misdemeanor drunk driving must install an ignition interlock device on any vehicle they operate. This device tracks the operator’s BAC before the vehicle will start. To combat false reporting, additional random samples will be required during the course of vehicle operation. All expenses of installation and maintenance of the device fall on the convicted offender.

If you find yourself on the wrong side of the DWI laws, enlisting a DWI lawyer can be an immense help in managing the situation. Having someone who understands the DWI laws can provide you with a better opportunity against the courts, as well as help you deal with any potential lawsuits you may be facing.

To discuss your case with an experienced New York DWI lawyer contact the offices of George Vomvolakis via e-mail at gvomvolakis@vomlaw.com, by phone at (212) 682-0700 or at his office at 275 Madison Avenue, 35th Floor, New York, NY 10016.

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