Category Archives: drug arrest

Right to Remain Silent-Use it!

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baldufYou might be surprised to learn that students whose mother or father is a police officer or prosecutor when asked:  What would you tell your child about dealing with the police? The response is “Never talk to the police, or agree to let them interview you about anything, or let them search your car or apartment or backpack without a warrant.

You need to stop for a minute, and let that sink in.

The Right to Remain Silent.  You may know the famous “right to remain silent” protected by the Fifth Amendment however do you really understand that the protections of that right are for the innocent people as much as the guilty.  Too many people mistakenly assume that someone who remains silent must have “something to hide” or be guilty of something.  This is simply not true!

All over this country, prison cells are filled with innocent people falsely convicted for crimes they did not commit

Far too many Americans mistakenly think: “If the police want to ask me a few questions, and I know in my heart I have done nothing wrong, surely it cannot hurt to cooperate with them and do whatever I can to allay their suspicions and clear things up.” That attitude is certainly understandable, but it can be a deadly mistake, and it can land you in prison for a crime you did not commit, perhaps for the rest of your life.

So the take away here is….NEVER TALK TO THE POLICE OR AGREE TO LET THEM INTERVIEW YOU ABOUT ANYTHING, OR LET THEM SEARCH YOUR CAR OR APARTMENT OR BACKPACK WITHOUT A WARRANT….WHY:  BECAUSE YOU ARE NOT SMARTER THAN THEY ARE AND YOU ARE NOT SAFE BECAUSE YOU BELIEVE YOU DIDN’T DO ANYTHING WRONG.

When should I talk to police?

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balduf-lawyer-talk-to-policeMany of our clients do not expect to be arrested or have a run in with the law.  In times like this many people want to tell “their side of the story” in an attempt to get the police to understand and release them.  It’s understandable, however ill advised.  The police are not there to help you and in many instances will coax you into talking so you can set the record straight.  Understand this, the police are not there to help you.  The job of the police is to get a confession during your interview, even if that means they must lie to you.  Additionally, they will often tell you that they cannot help you once you have contacted an attorney. It is not in your best interest to talk to police at any time without legal counsel.

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My child was charged with a crime, what can I do?

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http://sheriff.ongov.net/lookup.htmlA difficult point in any parent’s experience is to learn that their child was charged with a crime. Many parents are shocked to find themselves in this position and are unsure what to do or even how they can help. There are a few things to do when a crime is first charged.

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Should I take a plea?

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My lawyer wants me to take a plea, should I?balduf-syracuse-criminal-lawyer

I sometimes get calls from a defendant that is being advised by their current attorney to “take a plea”.  A plea is when a defendant agrees to enter a guilty plea without a trial in exchange for a lesser charge. They want to know if I think its a good idea. The answer is always- it depends. There are many different elements to consider when advising a defendant to take a plea. An experienced attorney will review all elements of your case from the initial police encounter, through the arrest, as well as examine evidence and make appropriate motions before negotiating with the District Attorney’s office with regard to a plea bargain. It is always a defendants right to a fair trial.

Only after meeting with a defendant and reviewing all the facts of the case can an attorney get a good sense if they feel that a plea is in the best interest of their client. Only after a thorough review of a case can an attorney make such determinations and be able to explain the options and risks of going to trial. Only an experienced criminal trial attorney can give you a realistic idea of what a trial entails and what the risks are to going to trial. If you or a loved one has been charged with a crime in Onondaga County and are unsure if a plea option is the best decision, call me. I will review your case for free, advise you of your rights to your own attorney. I have years of successful criminal trial experience in which to help you determine if a trial or a plea is the best possible route for your particular case.

If you have been charged with a crime, and are considering a plea in Onondaga County, call me immediately at (315) 474-5533.  I offer a free consultation to review all the facts and circumstances of your matter so that I can best advise you proceeding forward.

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Caught with Oxycodone, Now What?

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balduf_oxycodone_WHAT IS OXYCODONE, AND WHAT HAPPENS IF I’M CAUGHT WITH IT?

Oxycodone, also commonly referred to by the brand name OxyContin, is a synthesized opiate that is commonly prescribed to treat extreme pain. It is also frequently given to patients in tablet form under the names Percocet and Percodan. While the drug was initially developed to be a less addictive form of traditional morphine, time has proven that oxycodone is just as addictive as its opiate derivative and abuse of this drug has become quite common. As reported by the Center for Disease Control, in 2010 more than 16,600 people died of overdoses related to oxycodone and other synthetic opiates.

Due to its dangers, possession of this drug without a valid prescription is strictly prohibited in several states. Oxycodone has been classified as a federally controlled Schedule II drug, imposing strict manufacturing and distribution guidelines for pharmaceutical companies.

PENALTIES FOR POSSESSION OF OXYCODONE IN NEW YORK

In New York, a conviction for possession of oxycodone can lead to a laundry list of different penalties. Depending on the amount that is found on your person at the time of arrest, you may be subject to exorbitant fines and even a prison term.

At minimum, oxycodone possession charges can bring the following consequences:

Incarceration

Steep Fines

Community service

Mandatory participation in a drug abuse treatment program

Possession of small amounts can result in a prison sentence of up to 1 year, while larger amounts can lengthen the prison time. If you are also charged with intent to distribute, the penalties will be much more serious. Along with a felony charge, you could face up to 20 years in prison and $5 million in fines. Finally, if someone dies due to your selling of oxycodone, life in prison may be imposed.

DRUG COURT/ADDICTION

Drug Court may be an option.  Getting help if you have an addiction is a priority for both your criminal record and your life.

If you have been arrested for possession of oxycodone, it is imperative that you contact an experienced New York criminal defense attorney.  Call William Balduf, Esq..  He is equipped to handle various drug crimes and can seek to have your charges dropped.

Protect your future – call today at (315) 474-5533