Syracuse Criminal Law Blog

Predicate Felonies And Sentence Enhancement

March 20, 2016

A person’s criminal history often impacts many areas of his or her life, and especially has the ability to negatively affect future criminal proceedings and sentencing against the person. A first-time offender does not often receive the same sentence as a person who has multiple prior convictions, and sentences for misdemeanors differ in severity from sentences for felonies. In considering how to proceed in a criminal case or whether to

Seeking Medical Help During a Drug or Alcohol Overdose

March 13, 2016

Seeking Medical Help During a Drug or Alcohol Overdose The fear of being arrested and charged with a criminal offense can keep some people from seeking assistance when they or their friends are suffering from a drug overdose. It becomes a hard choice to weigh between seeking medical attention and risking arrest, and watching another person possibly die. Fortunately, this does not have to be a difficult choice anymore. The

Individual Privacy Versus the Greater Good

March 6, 2016

The Federal Bureau of Investigation’s attempts to unlock an iPhone belonging to one of the San Bernardino mass shooters have led to a national discussion on what concessions should be made with respect to individual privacy in pursuit of the greater safety of the nation. Generally, the issue at the center of the legal battle between the FBI and Apple, the makers of the iPhone, is whether or not Apple

Threats and the Meanings of Emoji

February 28, 2016

Communication through emoji and emoticons has become more commonplace in today’s world of electronic communication. There is research that indicates that approximately 88% of teens aged 13 to 17 have access to cell phones or smart phones, and that 90% of teens use these phones to send text messages. In addition, there are large numbers of teens using social media to post thoughts and ideas that often include emoji and

A DWI Conviction with No Driving Involved

February 21, 2016

A driver who drives his or her vehicle after having consumed enough alcohol to raise his or her blood alcohol content to levels above the legal limit can reasonably expect to be charged with driving while intoxicated (DWI) if stopped by the police. However, a driver who may fall asleep in his or her car, either accidentally or in an effort to sober up after having too much to

New York Senate Proposes Tougher Rules For Synthetic Drugs

February 7, 2016

Last month the New York Senate passed bills aimed at regulating the sale of synthetic marijuana and other cannabinoids. The new bills not only provide for criminal prosecution for anyone possessing or selling cannabinoids, they also provide for civil penalties such as loss of a liquor license or license to sell lottery tickets and tobacco for business owners who are found to be selling these drugs. These bills follow New York Governor Cuomo’s

It is Who You Know: Enterprise Corruption Charges

January 30, 2016

The law can sometimes be complicated and obscure to most people, especially those who find themselves charged with serious crimes and facing serious time if convicted. In few other instances is this confusion felt more than when a person is charged with the crime of enterprise corruption. Enterprise corruption is a crime that is often charged along with other serious felonies and generally seeks to prosecute a person for his involvement

The Injustice of a Wrongful Conviction

January 23, 2016

A documentary on a man currently serving a life sentence for the 2005 murder of a woman has led to about half a million petitions for the man’s release based on the belief that he is innocent of the crime. Perhaps part of what makes this particular story so captivating to many people is the fact that the man previously served 18 years in prison for a crime he did

Presenting Factors in Your Favor to Reduce Sentencing

January 17, 2016

Presenting Factors in Your Favor to Reduce Sentencing After a defendant is convicted of a crime, his sentence is often still not cast in stone. Unless the court has made a sentencing commitment as part of a plea bargain, the defendant’s sentence could range anywhere from a sentence that does not involve jail – or a mandatory minimum if there is one – up to the statutory maximum. That

The Sale of Firearms Under Federal Law

January 11, 2016

The Sale of Firearms Under Federal Law According to Federal Bureau of Investigation (FBI) statistics, there were sixteen active shooter incidents per year in the United States between the years 2009 and 2012. These have included fatal shootings in movie theaters, elementary schools, and political rallies. In response to the latest shooting, President Obama recently announced new federal gun control measures that will be implemented under the authority of