Kew Gardens Criminal Defense Law Blog

Protect your rights if you're accused of weapons crimes

Weapons crimes are interesting because there are such varied laws on who can and cannot have weapons in the United States. Minors, for example, can't have weapons in most cases, but there might be some exceptions, like when they're using them for acting, in martial arts or for competition or hunting.

With so many exceptions to the rules, it's no wonder that some people end up facing weapons crimes when they weren't expecting to. If you fall into that group of people, it's time to learn how you can fight back.

What is the best theft defense strategy?

Any type of criminal charge, even one as seemingly minor as theft, can affect your personal life, career and finances.

So, if you're charged with theft, it's critical to understand the details of your case, as well as the defense strategy you can use to prevent a conviction.

Get the right attorney if you're facing criminal charges

When you grow up around crime and violence, there is a likelihood that you will get involved at some point. That's not to make excuses for any negative actions you take, but it's the reality of your situation.

When you get into trouble with the law, you deserve to have someone there to defend you. Even though you may have done something wrong, you still have rights that have to be protected.

Murders on the rise in New York City in 2019

There is little that you can say to make anyone understand why you might murder another person. Sometimes, it's out of self-defense. Other times, there are other factors at play. Whatever the case may be, if you're accused of murder, it's in your best interests to defend yourself as you work with your attorney.

What's interesting about New York is that there has been an uptick in the number of murders in New York City this year. The police have reported 299 homicides between January and November 2019, which is already higher than the previous 275 homicides in 2018.

New York police confused hemp with marijuana

Drug charges in New York are not unbeatable. As it turns out, some of them do not have the merit that police and prosecutors think they have when they are levied. One recent case is showing the limits of field tests for narcotics and other illicit substances limited or prohibited by New York law.

A man was arrested for marijuana possession in Brooklyn after a large number of green plants with a strong scent were intercepted on the way to his place of business. The storefront offers products featuring CBD, or cannabidiol, a substance found in marijuana and prized for its relaxing effect. CBD, however, is not a psychoactive drug, and therefore, not covered by laws against marijuana use.

Possession of prescription drugs can be a crime

You've probably seen the public service announcements on television. One family member goes to the doctor and receives a prescription for what ails them. That individual discontinues the use of the medication before they've finished the bottle. Another family member gets hurt, and instead of going to the doctor, decides to open up the medicine cabinet and take whatever is in there. You should know that taking a medication without it being prescribed to you is illegal.

Law enforcement agencies refer to prescription drugs as controlled substances. Most jurisdictions have laws on the books that prohibit individuals from carrying their prescription medication on them unless they're being transported in their original bottles that have a description of the drug and who it is prescribed to on them.

Worried about a conviction? You may be able to appeal

Everything seemed to go smoothly during your criminal case. There wasn't much evidence against you, and you felt that you had a great defense. Strangely, you were convicted. You worry that someone on the jury may have been racist, that a mistake was made or that other issues led to this outcome.

If you believe that your case was mishandled in court, then you may be interested in criminal appeals. An appeal gives you an opportunity to ask for your case to be reviewed. In some cases, an appeal can lead to your case being overturned.

Man facing weapons charges now faces bail violation

There are a lot of legitimate reasons to carry a firearm in the State of New York. Concealed carry permits and special licenses open up a lot of possibilities for people to carry weapons for self-defense or hunting. But this is far from a free pass if the safety of nearby people is unduly threatened.

If a person is arrested on weapons charges, they likewise have many options to justify their reasoning and appeal to a judge or jury in a court of law. Some suspects are granted bail, which allows for release before trial, especially if their actions did not directly cause any harm to a person and it is likely to stay that way.

A concealed carry permit doesn't allow you free rein in New York

New York state is classified as a may-issue state by the United States Concealed Carry Association (USCCA). This means that concealed weapons permits are left up to local law enforcement agencies including court systems and county sheriffs to make such decisions.

It's unlawful for anyone in this state to possess any loaded handgun anywhere except inside their business or home without a permit.

Understand the strict restrictions on gun purchases in New York

New York City is notorious for having strict gun laws. There is a specific process for buying guns and maintaining a license.

It is harder to buy a gun in New York than in most places, but if you plan to, you will need to follow the law to the letter. Doing this can help you avoid being accused of gun crimes that could threaten your freedoms.

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Robert D. DiDio & Associates

Robert D. DiDio & Associates
8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
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