Kew Gardens Criminal Defense Law Blog

Decide if your case can be appealed based on the facts

A criminal appeal isn't what you may think it is based on television shows or the media. It's not an opportunity to introduce new information or to drag out a case even longer. You can't appeal every case's outcome, even if you may want to.

In reality, an appeal is made because you question the legitimacy of a decision that was made by the court due to potential legal errors. You can't seek an appeal just because you don't like the outcome of your case. Instead, you'll need to show that there were errors in how the case was handled or how the trial was conducted.

How can you fight drug trafficking charges?

Drug trafficking, even in the smallest of amounts, can result in serious penalties. As the volume of drugs increases, so do the potential consequences. Depending on the circumstances, large fines and long prison sentences are not out of the question.

There is no perfect way to fight drug trafficking charges, as the approach you take depends largely on the circumstances of your case. However, here are some of the most commonly employed defenses:

  • Duress: In other words, you took part in a drug trafficking scheme because your safety and well-being were threatened. An example would be another person threatening to harm you if you don't take part in their scheme.
  • Lack of knowledge: It's possible that you could have been tricked into trafficking drugs. It's no excuse for committing a serious crime, but it could help reduce the penalties in the event of a conviction.
  • You don't know anything about the drugs: Take for example a situation in which you're riding with a friend or family member, and they're pulled over for speeding. The officer finds a large amount of illegal drugs in the vehicle, thus leading to your arrest. You can take steps to prove that you had no prior knowledge of the drugs being in the vehicle.

Build a defense now if you're facing weapons charges

Did you commit a crime and have a weapon in your possession at the time? Are you accused of buying a gun while underage or carrying a weapon that is illegal in the state? No matter what you're accused of doing, it's smart to turn to your defense attorney to discuss options for a defense.

Any kind of weapons crime is a threat to your freedoms, so it's important that you have a chance to defend yourself. When you face weapons possession charges in New York, you need to work with someone who can help you understand the exact laws that have been broken and the charges that you could be facing.

A good defense can help fight against drug manufacturing charges

Drug crimes should be taken seriously, especially if you are the one who is being accused of them. One of the criminal acts that could result in significant penalties is drug manufacturing. It's a well-known fact that New York's drug laws are among the strictest in America. The laws are complex, and there are six different felony classifications for drug manufacturing alone.

The good news is that there are many defensive options for those who are accused of drug crimes. Some of the possible defenses that you may want to use include:

  • Lack of knowledge
  • Entrapment
  • Infancy (used for those who are 16 or younger)
  • Lack of intent
  • Possession for personal use

Get to know the 5 categories of property crimes

You were caught trying to break into a person's house. You tried to talk your way out of the situation by saying you accidentally went to the wrong house, but the owner wasn't buying your story. Now, you're facing an arrest and possible charges based on their claims.

There are many kinds of property crimes. Many of them are nonviolent, but some are violent in nature. These crimes are so varied that it would be hard to discuss them all individually, but you can group specific criminal acts into one of the recognized property crime categories.

How to defend yourself against a shoplifting charge

Defending yourself against a shoplifting charge is no easy task, especially when the deck is stacked against you. However, that doesn't mean you should sit back, ignore the charge and hope for the best.

With the right defense strategy, you can fight to have your charges dropped or reduced. Here are some of the strategies you should consider:

  • Challenge the act of committing a crime: For example, you may be able to argue that you had every intention of paying for the item, as you had yet to leave the store when the employee or security officer approached you.
  • Challenge witness statements: In the event that there is no video evidence and only witness statements, you can challenge that what the person saw is inaccurate. Sometimes, store employees are so anxious to catch someone violating the law that they see things that don't exist.
  • It was an accident: You argue that you were so busy with something else, such as checking out with a variety of other items or corralling your children, that you forgot to pay for something.

Does temporary insanity work as a defense?

Violent crimes are some of the most horrible to deal with. They can take place in the middle of a conflict, as a result of harassment or abuse and for many other reasons. When a person snaps, they can turn on those around them and end up harming them.

There are times when you may be so overwhelmed, angry or fearful that you do things that you don't remember or that you wouldn't normally do. For cases like that, one option is to use a temporary insanity defense.

What happens if your judgment is reversed during an appeal?

Appealing your case is something you may want to do if you don't think that the right results were obtained through the trial process. An appeal doesn't let you introduce new information, but if there was a material error during the trial, then it may be worth appealing your case.

An appeal is also not a retrial of your case. You won't get a new jury, and you won't have to go through the court process all over again. Instead, a new judge (or several judges) in an appellate court will review the case.

Common examples of drug paraphernalia

While most people are familiar with the many types of drug charges, such as possession and trafficking, the same doesn't always hold true when it comes to paraphernalia.

Drug-related paraphernalia charges can result in serious trouble with the law, as these items can be used in a variety of illegal ways.

7 members of Trinitarios gang face trouble with the law in NYC

Being part of a street gang in New York City automatically puts you in a position where you could be at odds with the law. It may be that you are asked to do tasks that you don't think you should but feel that you have no other choice. You could get caught up in activities that you never thought you'd be a part of.

Being part of a gang can lead to harsh penalties, especially if you're arrested for committing crimes in the city. Take, for example, a recent case in which seven people from the Trinitarios street gang were arrested on racketeering and murder charges. The people who were arrested are allegedly part of a subset of the gang known as the "Sunset" group.

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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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