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Syracuse Criminal Law Blog

New York lawmakers consider drunk driving '3 strike' rule

Strikes aren't just for baseball anymore. Soon, in New York, the same "three strikes and you're out" rule may become applicable to DUI offenses. The legislation in question, formally referred to as Charlotte's Law, would cause anyone who accumulates three vehicular crime convictions to lose their driver's license permanently.

The primary motivation behind this bill is promote safe driving conditions and prevent consistently irresponsible drivers from continuing to get behind the wheel. Without further detail, it appears that the legislation includes DUI and DWI charges, automobile accidents that result in an injury of another party and vehicular manslaughter in the same group. Any combination of three of these offenses would be grounds for permanent license revocation.

Upstate New York man charged with felony assault following fight

Being accused of committing a felony offense is a scary predicament, no matter what police allege you have done. Furthermore, conviction on felony charges carries a series of consequences, some of which follow a person for their entire life. For one young New York man, no conviction has yet been obtained, but he has been charged with felony assault.

Recently, law enforcement officers arrested an 18-year-old man on allegations of assault. Supposedly, the accused teenager broke a man's jaw in two different places in the course of a fight. He has been charged with a second-degree assault, a felony charge under the New York criminal code. Following his arraignment, the young man was released without bail and waits for possible action from a grand jury.

New York contractor avoids prosecution for white collar crimes

After an investigation spanning the past several years, one major New York contractor has avoided prosecution for multiple charges of fraud. In this recent case, the contractor was accused of white collar charges consisting of allegedly inflated bills on various New York City projects that potentially affected developers as well as taxpayers across the state. The contractor in question has contributed to the construction of a significant portion of the city.

In addition to the alleged fraudulent bills, the contractor was also accused of filtering projects through minority-owned firms -- a government requirement for contractors -- only to pass them back to their own employees rather than giving them over to the minority-owned firms to handle.

6 New Yorkers accused of operating prescription pill ring

Six New York residents have been charged with collaborating in order to maintain a prescription drug operation with the intent to distribute the drugs throughout the country. Making matters seem even worse, authorities say the drug ring was using one member's apartment, which doubled as a day care center, as a storage site for many of the drugs. Federal prosecutors indicate that they will pursue these drug charges, because the health and safety of young children was reportedly at risk.

The Drug Enforcement Administration purportedly discovered the ring after an informant working with the DEA purchased 400 Percocet pills in an undercover sting operation. According to police reports, those implicated instructed those buying the pills to send money to a bank account controlled by a member of the ring.

New York mother gives her child a snack, charged with murder

Food allergies are a serious concern for many people living in New York. Triggering these allergies can have devastating consequences. Unfortunately, it is sometimes the case that even when someone is extremely careful, some factors -- such as production and packaging of food -- simply cannot be controlled.

One New York mother discovered this tragedy first hand when she fed her daughter candy that contained traces of peanuts as a reward, which is thought to be the child's cause of death. Now, the mother is facing charges of second-degree murder for her kid's untimely death, which is a willful murder charge. It will be up to a criminal court to sort out the facts.

Syracuse man faces possible prison time for drunk driving charges

A car accident can be a frightening incident for all of those involved. This is especially true when one party is injured, or even killed, and the other may face criminal charges stemming from the collision. A North Syracuse man is now facing drunk driving charges, as well as vehicular manslaughter, after a fatal car accident that occurred last fall.

Police say that the man was driving drunk, without any headlights on, along a local route in the town of Salina. Another driver made a left turn in front of the vehicle, claiming to have not seen the approaching car due to the lack of headlights. He died four days after the accident, due to injuries caused by the collision.

Doctor faces federal charges for prescribing too many painkillers

A 62-year-old New York doctor has been arrested and faces federal charges for prescribing painkillers to patients who reportedly have no need for the medicine. The federal criminal charges, which are currently pending, accuse him of illegal drug distribution. He has been conditionally released after agreeing to mental health therapy and voluntarily suspending his practice.

Federal officials, including the FBI and Drug Enforcement Administration, began to suspect him of drug charges when several pharmacies notified state and federal authorities of the high amount of prescriptions that the doctor had apparently been prescribing. According to federal authorities, the doctor wrote 659 hydrocodone prescriptions in the month of September 2011 for his medical practice in Upstate New York. According to the New York Health Department's Bureau of Narcotic Enforcement, the doctor is the fifth highest prescriber of painkillers in New York, even surpassing several medical institutions in the amount of prescriptions.

Sentencing for federal charges varies between judges

Anyone charged with a crime in New York, and anywhere else in the United States, has a right to a fair trial. When the circumstances of an incident dictate that federal criminal charges are filed, these rights become even more important as the consequences are often even more detrimental to those who may be convicted. A recent analysis of thousands of federal court cases has found disparities among sentencing in similar types of cases by different judges. But one question remains: What does it all mean?

The Transactional Records Access Clearinghouse's recent study scrutinized sentences by federal district court judges over the last five years who had presided over at least 50 cases. The conclusions revealed a significant difference in sentences for similar drug, white collar and other types of crimes seen by these judges. In some courts, sentences for drug charges varied by judges by medians of 12 to 64 months.

New York man suspected of committing murder in terrorism plot

Charges of violent crimes, especially on the level of suspected terrorism, are understandably significant and weighty charges with severe consequences upon conviction. But if one were to be wrongfully charged, their lives and reputations would be forever changed despite their being innocent of the crime alleged. Because of this, it is no doubt intimidating when one is dealing with criminal charges for a violent crime, such as plotting to commit murder using an illegal weapon. This may likely be the issue in a recent case against a New York man for suspected state-level terrorism.

The man was charged after purportedly being discovered with a supposed pipe-bomb that he is suspected to have intended to include in a larger plot to attack targets such as police cars, police stations, post offices, and soldiers returning home from abroad. He is accused of voicing these desires to an informant. The man is a Dominican-born Muslim convert who is said to express radical beliefs in relation to U.S. military actions.

New York fraud ring uncovered, 36 people charged

Authorities claim that a recently uncovered insurance fraud ring in New York is the largest in the history of its kind. According to prosecutors, these white collar crime allegations involved ten licensed doctors, three lawyers, thousands of patients, numerous clinics and 105 corporate entities working together in an alleged attempt to make over $275 million in fraudulent charges to auto insurance companies. It is said that the ring was led by a criminal gang based in New York City.

This federal crime involved taking victims from actual auto accidents and sending them to clinics that were said to have been operated by the criminal gang. At these clinics, unnecessary and nonexistent treatments and injuries were claimed in order to funnel insurance money into the hands of the gang. It is not said that any victim of one of these auto accidents was wrongfully treated in a way that caused harm to their health. In many cases the superfluous treatment supposedly involved sending victims to specialty clinics where they would simply sign in and leave.

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