We bring this up not because the DWI arrest of an actor is so newsworthy. In the last couple of months alone, we’ve seen drunk driving charges filed against a number of other celebrities, including Amanda Byrnes and Bobby Brown, to name just two. Nor is there anything unique about a celebrity encountering alcohol-related problems. Fox himself was involved in an altercation last year in Cleveland in which he allegedly punched a bus driver – no charges were filed in connection with that incident, but it has been suggested that alcohol was involved.

What caught our eye was the statement in just about all the news stories which covered the arrest, to the effect that Fox apparently did not have a driver’s license. We haven’t been able to learn any more about that portion of the charges, but it does give us the opportunity to provide information to our readers as to the effect and possible penalties which might be applicable had the incident taken place in New York.

In a recent blog, we talked about penalties for various DWI and DWAI charges. But what happens in New York if you are convicted of driving when your license has been suspended or revoked, known in New York as Aggravated Unlicensed Operation (AUO)? The answer, of course, is that it depends on a number of things, including your driving history. Here are the general rules, in a nutshell:

• Third Degree AUO – This is the basic charge of driving while your license is suspended or revoked. The maximum punishment is a $500 fine, mandatory insurance surcharge, and either probation or up to 30 days in jail. It is a misdemeanor.
• Second Degree AUO – If the conviction followed a previous conviction, within the prior 18 months, of third degree AUO, the penalties are a maximum $500 fine, surcharge, and jail time of up to 180 days, or probation. However, those penalties increase if (a) the original revocation or suspension was alcohol-related or the result of the refusal to allow a chemical test; (b) the original suspension was mandatory, pending the conclusion of an alcohol or drug-related case; or (c) the driver had his license suspended on three or more occasions for failure to respond to tickets. This is also a misdemeanor.
• First Degree AUO – This is a felony, and the penalties are substantially harsher than those for the misdemeanor charges. A first degree AUO offense consists of driving on the suspended or revoked list when intoxicated (drugs or alcohol), when the suspension is the result of an alcohol or drug-related offense (or refusal to take a chemical test). First degree AUO may also arise as the result of 10 or more prior license suspensions issued as a result of failure to respond to tickets. The penalties for first degree (felony) AUO include up to a $5,000 fine; imprisonment for up to four years, surcharge, and the possible forfeiture of the vehicle being driven.

What is apparent from all of this is that being convicted of driving while your license is suspended or revoked can result in penalties that are not all that dissimilar to penalties for DWI. If you have been charged with driving on the revoked or suspended list, or if you are facing a DWI or DWAI offense, contact an experienced New York DWI attorney and former prosecutor to guide you through the process.

George Vomvolakis Law Offices
275 Madison Avenue
New York, NY 10016
(212) 682-0700

You might be interested in knowing that the New York City Police Department has its own zero tolerance policy concerning possession of small amounts of marijuana. The policy has been in effect since the early 1990’s, and in more recent times has led to over 50,000 arrests per year. Quite a number, when you consider the growing trend around the country, including New York, to reduce the penalties for, and in some cases to decriminalize, possession of small quantities of marijuana.

To understand the situation, you need to know that in New York, possession of less than 25 grams of marijuana has been decriminalized – you can still receive a citation for it, akin to a traffic summons – but it is no longer a criminal offense. Possession of marijuana in public view, on the other hand, remains a Class B misdemeanor.

The determination of NYC cops to make marijuana arrests came to light not only because of the epidemic of charges, but also because of a memo issued by the Police Commissioner late last year. In the memo, officers were admonished because they were going through their “stop and frisk” routine, directing subjects to empty their pockets, and when the subject revealed a small amount of marijuana, an arrest was made charging him/her with possession in public view. Sort of like having an officer order you to cross in the middle of a street, then charging you with jaywalking – well, not exactly, but you get the point.

It’s not our province to comment upon the wisdom of the marijuana laws. We do note that the trend is certainly toward lessening the penalties for possession, although the marijuana debate continues to stir reactions on both sides of the issue. More and more states are enacting legislation legalizing medical marijuana. There are now 16 states (plus the District of Columbia) with medical marijuana laws in place, and another dozen or so, including New York, with such legislation pending. However, 2012 saw medical marijuana bills fail in seven states. And marijuana remains illegal under federal law, further complicating the issue.

What we find most interesting about the NYPD crusade to make tens of thousands of marijuana arrests annually, is that it comes at a time when the City’s resources for providing municipal services are strained to the breaking point. And It certainly cuts against arguments that we don’t have sufficient police resources to fight serious crime.

The laws governing marijuana are neither simple nor easy to understand. If you have been charged with a marijuana offense, contact a New York marijuana lawyer with the experience and knowledge to protect your interests.

George Vomvolakis Law Offices
275 Madison Avenue
New York, NY 10016
(212) 682-0700

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.

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.

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.

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.

• 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.

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.

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.

• 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.