After a second trial, CDH Law obtained an acquittal for Sheldon Dukes, accused of predatory sexual assault in Watertown, New York. He faced life in prison if convicted. The judge took less than 30 minutes to issue his verdict. In the previous trial, the jury could not agree and the result was a mistrial. You can find coverage of the case here and here.
Category: Criminal Defense
New York Drug Charges
New York is well known as having some of the strictest, harshest drug laws in the United States. While the laws regarding the making, sale, and distribution of drugs are complex, New York has made it clear that those convicted of these kinds of charges will face serious consequences. Extended prison sentences and heavy fines await those convicted of the distribution or manufacturing of drugs. This kind of criminal charge will follow you long after your fines have been paid and your time has been served. It will follow you on job searches and housing applications. It is difficult to escape the stigma of a person with a drug conviction on his or her record.
Drug Charges: Drug Distribution, Trafficking, and Manufacturing Offenses
There are five degrees or categories of the crime of sale of a controlled substance. The degree will vary based on things like the amount of the controlled substance and the type of controlled substance at issue. To secure a conviction for the sale of a controlled substance, a prosecutor must be able to prove that the defendant unlawfully sold the controlled substance and knew that it was a controlled substance. There must have been intent to transfer the substance, but the prosecutor does not need to prove that the defendant knew the specific amount of controlled substance that was sold. The prosecutor also does not need to prove that the defendant ever had physical possession of the controlled substance. Additionally, there is usually no need to prove that the actual delivery of the controlled substance occurred. Agreeing or even an offer to sell the controlled substance may very well suffice to secure a conviction.
When the sale of a controlled substance involves at least $75,000 worth of the controlled substance or you sell this amount of the controlled substance on one or more occasions within six months, you may be facing drug trafficking charges. Under the New York penal code, drug trafficking is considered to be a major felony, a Class A-1 felony offense. Maximum potential penalties for this kind of offense may even include life imprisonment.
In addition to the sale and distribution of drugs, New York also considers drug manufacturing to be an extremely serious offense. Drug manufacturing involves the use of chemical processes to create a controlled substance that runs in violation of the law. The majority of drug manufacturing charges are classified as felonies. Those convicted of felony drug crimes in New York are usually not eligible for alternate sentencing. This means that things like drug treatment or rehabilitation in place of time in prison are usually not offered to defendants convicted of drug crimes of this nature. The severity of the sentence imposed on a defendant convicted of these kinds of drug crimes will depend on things like the controlled substance involved, the amount of controlled substance involved, and the criminal history of the defendant.
New York Drug Charge Defense Attorney
You do not want to go up against the New York criminal justice system alone, especially when you are facing a drug charge. The State of New York is tough on these kinds of crimes and the sentences handed down reflect this. CDH Law is prepared to mount the most rigorous defense possible to help you fight these charges. Contact us today.
Aggravated Harassment in the Second Degree
Harassment Charges
Misdemeanor charges should be taken very seriously. While the penalties may not be as severe for misdemeanors as they are for felonies, facing a misdemeanor conviction still means you will potentially be hit with substantial fines, possible jail time, and other collateral damage to your personal and professional life. A misdemeanor conviction will end up on your permanent criminal record. It is something you will need to disclose on things like job and housing applications. The consequences of a misdemeanor conviction extend far outside of the justice system. This is why you should take a misdemeanor charge, such as one for aggravated harassment in the second degree seriously.
What is aggravated harassment in the second degree?
Aggravated harassment goes beyond a simple “harassment” charge in New York. There are different forms of aggravated harassment, most of which involve an intent to harass another person which is followed by certain conduct specified in the New York Penal Code. For instance, a person has an intent to harass another person and then communicates with the other person through telephone, mail, or electronic means, and threatens physical harm to the person. If you do this and knew that your actions would cause the other person to reasonably fear for his or her physical safety, then you may be charged with aggravated harassment.
In a case of aggravated harassment in the second degree, there may be a threat of harm, or there may be actual physical contact involved. The physical contact is not an essential element of an aggravated harassment charge. Nor is substantial harm necessary. As stated above, a real threat of harm that reasonably places another person in fear of harm or fearing for their physical safety is enough, combined with the intent to harass and harassing conduct, to substantiate an aggravated harassment charge.
In harassment cases, it is common to challenge the assertion that a certain course of conduct was actual harassment as opposed to just being insensitive, inflammatory, or rude. New York courts have said that profanity on its own does not constitute an intention to harass. Courts will consider many factors in determining whether conduct should be legally deemed to be harassing in nature. Courts will consider things like the age and gender of the alleged victim as well as his or her occupation. A person found guilty of aggravated harassment may be sentenced to up to 12 months in jail.
New York Misdemeanor Defense Attorneys
Misunderstandings often result in harassment cases. You may not have intended to harass another person, but your communications were taken out of context or the other person may have been particularly sensitive. Whatever the reason, you should not face the legal consequences of a harassment charge because of the misunderstanding. The dedicated criminal defense attorneys at CDH Law will help defend you against these charges so that the harassment charge does not become a conviction. Contact us today.
Veteran’s Treatment Court opens in Onondaga County
The brand new Veteran’s Treatment Court in Onondaga County is a judicial diversion program for misdemeanor and felony-level veteran offenders. The goal of this court is to help those that served our nation by providing them with an alternative to the traditional justice system. CDH Law, a veteran-owned law firm, is proud to participate in this exciting initiative by providing defense counsel services to the court. This article discusses the new initiative in more detail. If you are a veteran and charged with a crime in Onondaga County, we would be happy to discuss this initiative with you.
Trial acquittal on felony assault charge
Witnesses claimed our client participated in a brutal assault. He was charged with assault in the first degree and faced up to 25 years in prison if convicted. Before trial, these witnesses identified our client in a photo lineup. At trial, we were able to persuade the jury that their testimony was unreliable and the jury returned a verdict of not guilty. Coverage by Syracuse.com is here.
What is Cyberstalking?
Cyberstalking
The crime of stalking is defined as repeatedly harassing or threatening behavior. With the growth of the internet and various social media platforms, stalking is now potentially happening both offline and online. Cyberstalking is when the harassing or threatening behavior occurs on the internet or by other electronic means. Online behavior and all of the combative dialogue that can occur online has been a hot button topic as of late. People have a heightened sensitivity to electronic communications that may cross the line. Because of this, you may have seen an increase in cyberstalking allegations being made.
What is Cyberstalking?
Cyberstalking is considered to be a form of cyberbullying. New York takes cyberstalking cases seriously. The fact that the behavior may have been limited to online activities and not in person does not decrease the severity of the crime. Especially considering how much personal information can be found online. A person can find someone else’ physical address, place of employment, or telephone all too easily. This means that the harassing behavior can quickly go offline to in person.
Under New York State law, stalking is considered to be conduct focused on a particular individual that would put a reasonable person in fear of a future act of imminent violence. With cyberstalking, the conduct generally involves repeatedly sending unwanted electronic communications. Cyberstalking is considered to be a Class B misdemeanor. Penalties for a person convicted of cyberstalking may include fines totaling up to $5,000 and up to 7 years in prison.
Depending on the nature of the offense and whether any aggravating circumstances were involved, the offense may rise to that of third degree stalking, a Class A misdemeanor, or second degree stalking, a Class E felony. In the most serious stalking cases, the offense may be classified as first degree stalking, a Class D felony. Circumstances that would lead to an increase in the severity of the stalking charge include:
- The defendant was 21 or older and the alleged victim was younger than 14
- The defendant has prior stalking convictions
- The stalking behavior included threats to commit certain sex crimes
The most common defense to a charge of cyberstalking is that the electronic communications were not really threatening. Online discussions can quickly get heated and inflammatory marks run a plenty these days, but this does not mean a person is guilty of cyberstalking. The behavior must be repeatedly harassing or threatening in nature. It must be viewed as the kind of behavior that would put a reasonable person in fear of imminent harm. If this threshold has not been met, then the crime of cyberstalking has not occurred.
Defending those Accused of Online Crimes
The fact that you may have been a little more aggressive online or that your behavior was directed at someone who may have been highly sensitive does not mean that you should be convicted of cyberbullying. It is a serious crime and carries many highly personal consequences for a person who is convicted. The experienced criminal defense attorneys at CDH Law will help you fight a charge of cyberbullying. Contact us today.
CDH Law’s Efforts Result in Possible Life Sentence Reduced
In this article, we discuss our efforts on behalf of James Brower in Chenango County. Facing the most serious of felony charges and life in prison, Mr. Brower pled guilty to hindering prosecution in the first degree, a class D non-violent Felony.
Dukes Trial Ends In Hung Jury
The article below is reprinted from wwnytv.com and the original can be found here. Excellent defense work from our litigators Clifton Carden, III and Brian Tedd.
“The Sheldon Dukes sexual assault trial has ended in a hung jury Jefferson County Court.
That means the jury could not agree on Dukes’ guilt or innocence.
Dukes is accused of engaging in sexual acts in June 2011 and July 2013 with a girl who was born in 2005. Those acts allegedly happened in Watertown.
The girl, who is now 13, took the stand during the trial and was a key witness.
‘My client is thankful for the fairness of the court and the professionalism of the district attorney’s office and the thoughtfulness of the jury. Unfortunately, they just couldn’t make a decision on it,’ said defense lawyer Clifton Carden III.
The prosecution said it will seek another trial.
‘This is part of the justice system and sometimes you get a jury that comes to a verdict unanimously and sometimes you don’t. This time we didn’t, but it means we get to draw again and have a second chance,’ said prosecutor Patty Dziuba.
Prosecutors said the alleged victim in the case is, so far, willing to go through another trial. Meanwhile, Cardin said trials that end in hung juries often open the door wider to potential plea bargains.
Earlier in the afternoon Friday, the jury told Judge Kim Martusewicz they were having difficulty reaching a verdict.
That was around 1 p.m., after they had the entire testimony of Dukes’ alleged victim read back to them Friday morning.
The judge instructed them to keep trying.
That was followed by several more hours of testimony read-back Friday afternoon.
Shortly before 6 p.m., the jury again said it could not reach a verdict and the trial ended in a hung jury.
The jury deliberated two-and-a-half hours Thursday afternoon after hearing the defense and prosecution’s closing arguments.
They returned to their deliberations around 11 a.m. Friday.
Dukes had also been charged in connection with alleged sexual assaults in Carthage involving another child. The judge dismissed those charges during trial on Wednesday.”
Cross-Examination is the Key to Trial Success
In this excellent article in the New York State Bar Association Journal, W. Russell Corker provides a short introduction to the key principles of an effective cross-examination, “the single most important deciding factor in the outcome of a trial.” While this is a great refresher for trial lawyers, we think our clients will benefit from this resource as well.
Discovery Reform May Be Near
New York’s discovery rules are indeed behind most of the country and the deck is often stacked against a defendant.
Discovery is the process by which the parties obtain evidence. Of course, one must know the evidence against them to successfully defend against it. While district attorneys in several New York counties provide informal “open discovery,” this is not always the case. Thus, as noted in the article, “many defendants facing criminal charges and their attorneys never see the evidence purportedly gathered — whether good, bad, or questionable.”
This is a problem that must be addressed. Imagine you are sitting in jail on a criminal charge and can’t afford the bail. Let’s say you think you have a defense, but are unsure how it will play out at trial because you have not seen the government’s evidence. You’re offered a plea deal that would see you released. How do you know your chances at trial if you don’t know the evidence? How do you make an informed decision? Many people faced with this problem simply opt for the easy solution-take the plea offer, plead guilty, and get out of jail. Later, when dealing with a collateral consequence of this conviction, regret sets in.
This happens too often in New York and must be fixed. Reforming our discovery rules by mandating the disclosure of all evidence at the very beginning of a criminal case would be a good start.