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Buffalo New York Law Q & A

In this of section our website, we’ve answered hundreds of questions we’ve been asked over the years. So if you have a question, we might have the answer right here.

There are four ways to get an answer to your question.

One, type your question in the search box to the right and click “Search” – every page we have related to that question will then be shown.

Two, below and to the right, you’ll see a section called “Categories”. Just click the section related to your question and every page we have that is applicable to your question will be presented for your review.

Three, the links at the bottom of this page will take you to a web page that can answer many of the questions you might have.

And four, if we don’t have your answer here, or if you’d like to speak with us, feel free to call and arrange a free consultation – either on the phone or in-person.

We can be reached at 716-542-5444, or if the call is long distance, please call 1-800-729-4571.

Buffalo Criminal Defense Lawyer For Criminal Possession Of A Controlled Substance In The 2nd Degree (NY PL 220.18)

If you’ve been charged with Criminal Possession of a Controlled Substance in the Second Degree (NY PL 220.18) in Buffalo, your future is entirely in your hands.

This charge is a Class A-II Felony, which carries a minimum sentence of 3-8 years, with a maximum of life in prison.

Criminal Possession of a Controlled Substance in the Second Degree is charged when a person is caught in possession of substantial quantities of banned substances, such as four or more ounces of a narcotic drug or mixture, or two or more ounces of methamphetamine.

It is vital that you work with attorneys who can sift through the evidence against you and find all the weak spots that can break the prosecution’s case.

The attorneys at Friedman & Ranzenhofer know how to challenge police searches and shoddy lab work that may have led to excessive charges that aren’t supported by the facts of your case.

Don’t wait when you’re facing charges this serious.

Call the attorneys at Friedman & Ranzenhofer today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney if you’ve been arrested for criminal possession of a controlled substance in the second degree.

 

Criminal Possession Of A Controlled Substance In The Second Degree

Defense Attorney For Criminal Possession Of A Controlled Substance In The Third Degree (NY PL 220.16)

Buffalo prosecutors treat Criminal Possession of a Controlled Substance in the Third Degree (NY PL 220.16) as an extremely serious crime, and if convicted of this B Felony, you could face up to 25 years in prison.

While many drug charges are based on the weight of the substances found, with NY PL 220.16, intent to sell also comes into play, which is part of why it’s treated so seriously.

Possession of any narcotic drug with an intent to sell it will garner a charge under Criminal Possession of a Controlled Substance in the Third Degree, as will possession of varying amounts of stimulants, hallucinogens, and methamphetamine, as well as possession with intent to sell.

There are defenses when it comes to these charges, and your best chance to avoid significant prison time is to work with experienced Buffalo criminal defense attorneys who can challenge the evidence against you.

From police procedures and warrants to proper analysis of the substances you’ve been charged with, there are numerous ways to attack the prosecution’s case.

The attorneys at Friedman & Ranzenhofer fight for our clients’ rights and freedom in Buffalo.

If you or a family member are facing charges on criminal possession of a controlled substance in the third degree, call us today at 716-542-5444 for a free consultation with an experienced Buffalo criminal defense attorney.

 

Criminal Possession Of A Controlled Substance In The Third Degree

Criminal Lawyer For Criminal Possession Of A Controlled Substance In The Fourth Degree (NY PL 220.09)

Like most drug possession charges in Buffalo, Criminal Possession of a Controlled Substance in the Fourth Degree (NY PL 220.09) is a charge that depends on the type and weight of the substance you are alleged to have been in possession of.

If police caught you with any of the following, you may be charged under NY PL 220.09:

● One-eighth ounce of a narcotic substance or mixture
● One-half ounce of methamphetamine or a mixture containing methamphetamine
● Two ounces or more of a narcotic preparation or mixture
● One gram of a stimulant
● One milligram of lysergic acid diethylamide (LSD)
● 25 milligrams of a hallucinogen
● One gram or more of a hallucinogenic substance
● Ten ounces or more of a dangerous depressant
● Two pounds or more of a depressant
● One ounce of more of concentrated cannabis (hashish)
● 250 milligrams of phencyclidine (PCP)
● 360 milligrams of methadone
● 50 milligrams of phencyclidine (PCP) with intent to sell, where a previous conviction exists
● 4,000 milligrams of ketamine
● 200 grams of gamma hydroxybutyric acid (GHB) or a mixture containing it

Criminal Possession of a Controlled Substance in the Fourth Degree is a Class C Felony in Buffalo, meaning that if convicted, even a first time offender may face three and a half to 15 years in prison.

Do not take chances when facing drug charges in Buffalo.

If you’ve been arrested for criminal possession of a controlled substance in the fourth degree, call the experienced criminal defense team at Friedman & Ranzenhofer today at 716-542-5444 for a free consultation.

 

Criminal Possession Of A Controlled Substance In The Fourth Degree

Yes, when spouses have different income levels during a marriage, judges in Buffalo understand that the lower-earning spouse often requires an adjustment period during which the higher-earning spouse continues to provide financial support in the form of spousal maintenance, or alimony.

This may simply be a fairly short duration for finding full time employment, or may be a longer to allow you to go back to school and finish a degree or gain a new one.

As you take stock of where you are in your life during the divorce, it’s important to also consider your career and how you want to guide it from here.

Maintenance awards are based on a variety of factors, including the length of the marriage, the incomes of each spouse, their ages, and any health problems that may keep you from maximizing your earning potential.

The attorneys at Friedman & Ranzenhofer help people in Buffalo get all the support they need to come out of a divorce in the best possible shape to move forward.

Call us today at 716-542-5444 to speak to an experienced Buffalo divorce attorney for free.

 

Criminal Possession Of A Controlled Substance In The Fifth Degree

When a Buffalo driver is arrested for drinking and driving with a minor in the vehicle, he or she may face very serious criminal penalties.

If the child is fifteen years of age or younger, a driver who is arrested for driving while intoxicated by alcohol, impaired by the use of a drug, or impaired by a combination of alcohol and a drug or drugs may be charged with Aggravated Driving While Intoxicated per se – With a Child.

This offense is a class E felony, even for someone who has never previously been stopped for drinking and driving.

A driver who has been drinking may also be charged with Endangering the Welfare of a Child.

This offense may be charged based on an allegation that by operating a motor vehicle while intoxicated or impaired, he or she was acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old.

Endangering the Welfare of a Child is a class A misdemeanor.

While it was more common to see this charge before New York State created the offense of Aggravated Driving While Intoxicated per se – With a Child, it still may be applied under the right circumstances.

If the driver is the parent or guardian of the child in the car, the arrest also will – in almost all cases – be reported to social services, which will initiate a separate investigation into the parent’s or guardian’s actions.

An arrest for drinking and driving with a minor in the car can lead to very serious penalties.

If you need the help of an experienced DWI lawyer, call us at 716-631-9999.

As experienced Buffalo DWI lawyers, we are aware that for many years, New York State has struggled with the issue of how to handle impaired driving cases involving interactions between either alcohol and drugs or the interaction of multiple drugs.

While the state created the offense of Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs several years ago to close a loophole in the law, there still remain issues that can complicate these cases.

Before the creation of the offense of Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs, cases where a medication interacted with alcohol could potentially be defended based on an argument that the defendant was charged under the wrong section of law.

For example, a defendant may have been charged with Driving While Intoxicated (which requires that intoxication be caused by alcohol) when the intoxication was not actually caused by the consumption of alcohol.

Under such circumstances, the defendant – even if intoxicated – would be innocent of the crime charged and should be acquitted.

While creating an offense that addresses the combination of drugs and alcohol helped eliminate this problem in some cases, there are still cases where the prosecution may proceed under the wrong section of law.

If a defendant is charged with Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs, for example, the prosecution must prove that it was a combination of substances – not just one of them – that caused the impaired driving.

A failure to do so may result in the charge being dismissed.

As a result, prosecutors must carefully evaluate how to proceed in cases involving both alcohol and drugs.

If you have been arrested for driving under the influence of alcohol, drugs or both, we can help you at 716-631-9999.

Most Buffalo drinking and driving arrests involve a police officer observing some form of erratic driving and pulling the defendant over.

However, in some cases – for example, where the vehicle was involved in a one car accident and the police do not arrive at the scene until later – no one may have actually observed the defendant operating the vehicle.

While an admission to driving in this situation can certainly be damaging to the defendant’s case at trial, New York requires that there be additional evidence to support a conviction.

New York law specifically states that a person may not be convicted of any crime based solely upon evidence of a confession or admission made by him or her without additional proof that the offense charged has been committed.

This requirement has occasionally resulted in a DWI charge being dismissed where the only proof that the defendant was actually driving the vehicle is the defendant’s own admission.

It is important for a defendant in this situation to understand, however, that there is no hard rule regarding what additional evidence must be presented to establish that the defendant was, in fact, the driver.

The courts have generally found that the standard for this additional proof is not very high. Instead, there merely needs to be some independent evidence that would lend credence to the defendant’s admission.

As a result – depending on the specific circumstances of the case – simply being near a vehicle after it was involved in an accident, having a guilty appearance at the scene, or even proof that the defendant owned the vehicle may be found sufficient to support the driver’s admission.

Following a DWI accident, it is important to consult with an experienced lawyer who understands what must be proven to obtain a conviction.

We can be reached at 716-631-9999 for a free consultation.

The most commonly charged drinking and driving offense in the Buffalo area is Driving While Intoxicated (DWI).

New York law defines this offense as operating a motor vehicle “in an intoxicated condition.”

The lesser offense of Driving While Ability Impaired by Alcohol (DWAI) is defined as operating a motor vehicle while “impaired by the consumption of alcohol.”

The statutes defining these offenses offer no further guidance regarding the difference between being “intoxicated” and being “impaired.”

While this leaves the decision regarding whether someone is intoxicated or merely impaired largely in the hands of the trial judge or jury, the courts have attempted to offer some guidance regarding the difference between these offenses.

While different courts have offered various definitions regarding the standard that should be applied when making this determination, the most commonly cited decision in New York State indicates that to be considered intoxicated, a driver must be incapable of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.

In contrast, a driver should be considered impaired when he or she has actually impaired, to any extent, the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.

While the offense of DWI is much more commonly charged than DWAI, these definitions indicate that the standard for proving that someone was intoxicated is very high.

As a result, when the degree of impairment by alcohol is in dispute, it is important to have an experienced DWI lawyer who understands how to argue that the defendant’s condition did not reach the legal standard of intoxication.

If you have been arrested for DWI, we can help you at 716-631-9999.

Buffalo Criminal Defense Lawyer For Criminal Possession Of A Controlled Substance In The Fifth Degree (NY PL 220.06)

It’s a fact of life that a lot of people in Buffalo use controlled substances recreationally, and while some may have substance abuse problems, it’s hard to see how criminal sanctions are the answer when someone is caught with a small amount of a controlled substance.

With Criminal Possession of a Controlled Substance in the Fifth Degree (NY PL 220.06), Buffalo prosecutors have filed a D Felony charge against you, which carries a sentence of at least a year, and as long as seven years.

You may feel like you only had a tiny amount of drugs when you were arrested, but that’s not how prosecutors see it at all.

There are a number of ways to draw charges of Fifth Degree Criminal Possession of a Controlled Substance.

The statute refers to “knowingly and unlawfully possessing”:

● a controlled substance with the intent to sell it
● a narcotic mixture or preparation weighing one-half ounce or more
● phencylidine (PCP or Angel Dust) weighing fifty milligrams or more
● a mixture or preparation containing concentrated cannabis (hashish) weighing one-fourth of an ounce or more
● cocaine in the amount of five hundred milligrams or more
● ketamine in the amount of more than one thousand milligrams
● GHB in the amount of 28 grams or more
● any amount of ketamine when a previous ketamine conviction exists.

As you can see, Buffalo prosecutors aren’t playing games when it comes to possessing even small amounts of drugs.

The attorneys at Friedman & Ranzenhofer can protect you from serious drug charges in Buffalo. Call 716-542-5444 today for a free consultation regarding criminal possession of a controlled substance in the fifth degree.

 

Criminal Possession Of A Controlled Substance In The Fifth Degree

Defense Lawyer For Criminal Possession Of A Controlled Substance In The Seventh Degree (NY PL 220.03) In The Buffalo Area

Knowingly and unlawfully possessing a Schedule I, II, III, IV, or V drug in Buffalo is charged as Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03), a Class A Misdemeanor that can lead to a sentence of up to one year, with fine of not more than $1,000.

Fortunately, there are a number of approaches to reduce your exposure to criminal sanction, including challenging the facts of the case, such as the probable cause that led police to find the drugs.

If the search was illegal, the evidence against you may be thrown out entirely.

For defendants who are eligible for ACD, jail and even a criminal record may be avoided entirely, and should be explored.

At Friedman & Ranzenhofer, our top job is protecting our clients from criminal sanction and the lifelong problems that it can bring.

Call our experienced criminal defense attorneys today at 716-542-5444 for a free consultation with a Buffalo lawyer regarding criminal possession of a controlled substance in the seventh degree.

 

Criminal Possession Of A Controlled Substance In The Seventh Degree