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The summer season may have come to a close last week, but sunny, warm weather has certainly prevailed in New York. With this warm weather naturally comes the desire to set off on one of the state’s many beautiful lakes. Boating is a popular sport in New York and in most parts of the country, but what happens when the fun turns to more serious matters? Operating a boat while intoxicated comes with dire consequences, but knowing the legal details and the state’s say on the issue can help one better understand the topic as a whole. Democrat and Chronicle released an article last year stating that alcohol-related boating accidents in certain areas of New York have been on the rise. Yet according to an update in state law, prior drunken driving arrests could potentially make matters worse for those caught operating a boat while under the influence of alcohol. A bill that took effect in November 2016 allowed judges to look more closely into the background of those arrested for driving while under the influence; many lawmakers considered this update a long-awaited closing of a loophole in the law. The law itself was inspired by the death of a young woman who was killed by a drunk driver of a boat. For further clarification, the Democrat and Chronicle adds that if one should face a boat-related drunk driving conviction, judges may also consider his or her convictions of the last 5 years. One might assume that 2016’s stricter boating law would result in an overall reduction in arrests. However, The Daily Gazette confirmed earlier this month that certain areas of New York have seen an increase in the number of boating-related drunk driving arrests. This increased awareness since the bill’s passing may not have been incentive to practice safer driving habits while on the water, but the stricter enforcement that followed the bill allowed for more arrests for driving a boat while intoxicated. Lake George, the area that has seen a particular increase in arrests, now houses a number of night patrol officers who keep a close eye on drivers. Many officials credit this night patrol for the recent increase in DWI arrests.

If a person has been arrested for a crime such as assault in New York state, the arraignment will typically arrive quickly, perhaps in less than 24 hours. However, the short time between arrest and arraignment is important because a defendant may otherwise be waiting in a jail cell for the opportunity meet the judge. The arraignment is very significant because it allows the defendant certain rights, including the following: Learning of the precise charges against him or her Learning of the right to an attorney Making an initial decision on the plea The defendant will also have the opportunity to seek bail. Arraignment allows defendant to learn what his rights are At the beginning of the arraignment, the defendant learns of the charges against him or her. The court will also inform the defendant of other important rights including the right to trial and the right to have an attorney. Defendant makes an initial plea at the arraignment The arraignment is also the day the defendant initially decides whether to plead guilty or not guilty to one or more charges. If he pleads guilty, no trial will be necessary on the charge and he can move on to the sentencing phase. Otherwise, he or she will plead not guilty and pre-trial activities will begin. Those will include the sharing of discovery so the defendant can learn what evidence actually exists against him. It may also be a time period where the state and the defense each file motions seeking preliminary orders from the court. Defendant may secure his freedom on bail at arraignment The arraignment is also the time to seek bail, if necessary. Without bail or other release pending trial, a defendant will remain incarcerated until trial which can be quite some time. As such, in order to live his life as he knows it while waiting, a defendant will typically be very interested in securing his own release on bail if he is not pleading guilty to the charge. Bail amounts can be high or relatively low, depending on the charges and surrounding circumstances. The defense attorney will strive for low bail or no bail to allow the client the best chance of release. There is also the possibility of no bail, where the court releases the defendant on his or her own recognizance. At arraignment, the defendant’s attorney may also take the opportunity to discuss the matter with the prosecutor prior to appearing before the judge, which can lead to more favorable possibilities regarding bail or plea.

No area of the United States is exempt from domestic violence. Unfortunately, families report thousands of cases each year, and often the members most affected by this violence are children. Many children who experience violent, traumatic experiences often carry the negative repercussions from those experiences into adulthood. New York is one state that has recognized the need for additional resources for children who have gone through troubling incidents. It is important for all New York residents to know the details of laws surrounding domestic violence. Contrary to popular belief, violence in the home can happen among any ethnic group, class or lifestyle and can ultimately damage the physical and mental states of children involved; the website for the state of New York provides additional resources on domestic violence and children. When families seek the services of child welfare, they must first go through an initial safety assessment by a child protection investigator or a Family Assessment Response worker, as well as answer a series of questions about children and their exposure to violence. This step is only the first of many hurdles over which individuals must jump to receive proper support from child welfare. It is clear that countless children are exposed to a range of unhealthy living situations and incidents. The New York Times reports on one possible solution to this issue: the recent expansion of children’s mental health programs across the state. As health experts statewide pointed out the demand for more support to troubled children, NYC Health and Hospitals announced on September 6 that new programs will soon be available to address the challenges many young people face, including poverty, violence and substance abuse. Altogether, these programs aim to promote healthy living, improve graduation rates and address complex behavioral problems among children exposed to violence in the home.

For years now, law enforcement in New York has had authority to arrest law-abiding citizens for carrying common knives used for work. With the wording of the current weapons law, almost any folding knife could be considered a gravity knife. As gravity knives are illegal, those accused of possessing one could face criminal weapons charges. The New York Assembly understands that the law, as written and currently enforced, is unjust and leading to the arrest of otherwise excellent, hardworking citizens. For four years in a row, lawmakers have passed bills that would amend the definition of gravity knives and help protect those in trades that require the use of blades, like construction. Unfortunately, all previous attempts have gotten blocked, most recently by a gubernatorial veto. What is a gravity knife? Under the current New York law, a gravity knife is any folding blade that opens through the force of gravity. Currently, these blades get tested with a “wrist flick” when found by law enforcement. The issue is that many standard folding knives that are not truly gravity knives can get opened with a strong grip and forceful wrist flick. Many professionals carry blades that could fall under the definition of gravity knives for opening boxes, scoring drywall, cutting paper or cardboard, and many other normal uses. Possessing or carrying these knives is illegal, even if you’re carrying them for work. As many as 4,000 people each year get arrested and prosecuted under the gravity knives law. Clearly, reform is needed. Workers shouldn’t face weapons charges There are a range of professionals who need to use blades and knives as part of their every day work. These individuals should not be subject to arrest and prosecution merely for carrying the tools of their trade in their pockets or on their person. Many blades that overzealous law enforcement and prosecutors claim are gravity knives are simple utility knives, openly sold at home repair, hardware and sporting goods stores around the state. If the knives are legal to buy and sell, they should also be legal to possess. Reforming the law to be more specific Lawmakers are trying to remove a reference to centrifugal force in the definition of gravity knives. The inclusion of that term is what permits law enforcement to use a wrist flick to open the knives. The proposed amendment would also add the word “solely” to the section describing how the knife gets opened by gravity. If manual effort is needed to open the blade, it would no longer fall under the state definition of gravity knives. This reform could prevent a number of professionals from unnecessary arrest and prosecution in New York. In the meantime, those who carry knives for work could still be at risk.

Drivers in New York who leave the scene of an accident can expect some major consequences if they end up getting caught. Drivers who are involved in a crash, whether it is with another vehicle, a pedestrian or physical property, are required to stop and exchange information with the other parties involved. Although it may seem easier to flee in a chaotic situation, doing so is not a good idea. According to YPD Crime, the punishment involved with hit-and-run accidents varies depending on the situation. In circumstances in which the accident causes injury to another person, the fine can range from $250 to $500 and is considered a class B misdemeanor for the first offense, and $500 to $1,000 and a class A misdemeanor for subsequent violations. These fines are in addition to other penalties such as jail time. Serious injury constitutes a class E felony, and death is considered to be a Class D felony, and these fines can be thousands of dollars. Not everyone who is around a hit-and-run accident is required to report the incident. According to FindLaw, the above consequences do not apply to individuals who are not directly caught up in the crash. This includes other drivers just passing by, witnesses and even passengers of the vehicles involved. If these people choose to leave the scene there will be no penalties associated with it. However, law enforcement personnel depend on the help and information from those who witnessed the crash and can provide identifying information, so they are encouraged to stick around and share any helpful data they can.

“The federal and state governments treat motorists like disciplinarian ‘spare the rod, spoil the child’ parents,” says the head of the National Motorists Association, “except that motorists aren’t children and there is scant evidence that the penalties inflicted by forced ticketing campaigns improve highway traffic safety,” The group recently sent a letter to U.S. Transportation Secretary Elaine Chao, urging her to appoint someone to head the National Highway Traffic Safety Administration who will oppose federal policies that pressure law enforcement into using traffic ticket quotas. The position of NHTSA chief has been empty since the beginning of the Trump administration. The National Motorists Association, or NMA, says that current federal policy has the effect of pressuring state and local law enforcement agencies into focusing much of their time writing tickets. The reason is that about half of NHTSA’s annual $1.2 billion budget goes to highway safety grants. Unfortunately, the success of these grants depends on law enforcement tracking the number of speeding tickets each agency issues. This is pernicious, according to the NMA, because there is no solid tie between issuing large numbers of speeding tickets and improvements in highway safety. It also encourages law enforcement leadership to set quotas for tickets, which violate motorists’ rights. “What isn’t debatable is that making funding contingent on meeting certain activity levels is a direct incentive for state and local law enforcement to implement a quota system,” wrote the head of the NMA. Furthermore, more effective options exist for promoting traffic safety, according to the group. One is providing advanced driver skills training to young or novice drivers. Another would be to have states reevaluate the goal of trying to maintain a posted speed limit in favor of trying to maintain uniform traffic flow. Or, Section 402 and High Visibility Enforcement grants could be redirected to road construction projects, which are desperately needed. “At a time when we desperately need stronger bonds of trust and respect between the nation’s 250 million licensed drivers and police agencies, the current system is only making the situation worse.” The NMA hopes Chao will appoint a NHTSA administrator who is willing to “shake up the status quo.”

You might expect to draw the attention of the cops if you happen to allegedly leave 100 doses of heroin on a car on the Long Island Rail Road. That’s what a couple of residents of East End are discovering after their arrest last month following a “long-term” multi-jurisdictional investigation by the East End Drug Task Force. The task force gets its funding from the District Attorney’s Office of Suffolk County and is comprised of various local and state police agencies and departments in the area. According to a lieutenant with the Southampton Police, the defendants were arrested on July 27 and arraigned the next day in Southampton Town Justice Court. The lieutenant stated that one defendant, an East Hampton resident, was observed “acting suspiciously” while on the train making its way eastbound through Southhampton. He disembarked in East Hampton. He was accused of “abandon 135 glassine envelopes of heroin” and subsequently arrested by the Manhattan Transit Authority (MTA) Police. It is unknown what circumstances led to the second defendant’s arrest. Hefty consequences The train rider, 30, faces felony charges of fourth-degree criminal possession of controlled substances as well as criminal possession of controlled substances with intent to distribute. He has a $10,000 cash bail, or alternatively, a $40,000 bond. The other defendant, also 30 and a Southampton resident, was arrested on two counts of third-degree criminal sale of controlled substances. He is free on a $2,000 cash bail. The heroin problem has hit the Mineola area hard, just as it has in small towns all over the USA. In fact, according to the Nassau Police Department, the village of Island Park is number three in Nassau County for the most arrests per capita for heroin charges. Island Park is home to approximately only 5,000 residents. Since the first quarter of the year, there has been almost a 50 percent uptick in the number of heroin arrests in that village than there were in the entire prior year. Overdoses from opioid drugs and heroin are all too familiar. Family members are left to pick up the pieces of broken lives and children left behind. Additional fallout Another fallout from the heroin epidemic is that users turn into addicts who then engage in criminal enterprises like theft and drug dealing merely to supply their own habit. Because these are not hardened criminals, but desperate addicts, they frequently get arrested. Not being savvy to police tactics and the legal system, they wind up as examples, convicted by prosecutors eager to tout high rates of conviction. Their lives are ruined — and they are still addicts. They will be sent to prisons rife with illegal contraband that includes heroin. If you wind up caught up in the endless cycle of addiction and arrest, it’s time to break the cycle. Seek advice and guidance from a criminal defense attorney who has experience trying felony drug cases. Together, you and your attorney can develop the best defense strategy to fit your individual circumstances.

FORMER DISTRICT ATTORNEY PROTECTING THE ACCUSED AND SEEKING JUSTICE FOR THE INJURED.

FORMER DISTRICT ATTORNEY PROTECTING THE ACCUSED AND SEEKING JUSTICE FOR THE INJURED.

FORMER DISTRICT ATTORNEY PROTECTING THE ACCUSED AND SEEKING JUSTICE FOR THE INJURED.

FORMER DISTRICT ATTORNEY PROTECTING THE ACCUSED AND SEEKING JUSTICE FOR THE INJURED.

FORMER DISTRICT ATTORNEY PROTECTING THE ACCUSED AND SEEKING JUSTICE FOR THE INJURED.