Tag Archives: balduf defense attorney

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.

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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