The Truth About Drug Charges in New York

For decades, the Rockefeller drug laws in New York wreaked havoc in New York State, making the New York drug laws the toughest in the nation and sending many people, including first time offenders, to prison for decades. In 2009, after years of criticism, New York finally changed its drug laws removing many of the mandatory minimum sentences for drug offenses and bringing sanity to sentencing of drug offenses in New York.

While drug offenses remain very serious charges in New York, it is the experience of the professionals at North Country Bail Bonds that securing the prompt release of a loved one charged with a drug offense is an absolute necessity to protect the constitutional rights of the accused. Many drug charges, which can look serious at the beginning of the case, can actually be successfully defended on search and seizure issues or investigations by defense counsel which expose the unreliability of confidential informants. Even in cases where it is likely that an accused will enter a guilty plea, it is in the best interest of the accused to gain his release from jail early in the process and begin to get treatment for his or her addiction which will make it more likely for your loved one to be sentenced to probation or a treatment program run by the Department of Corrections, rather than a harsh state prison sentence.

What is DWI?

According the New York State Department of Motor Vehicle, driving while impaired or intoxicated is a serious traffic safety problem in the United States. In New York State, more than 20 percent of all highway deaths involve the use of alcohol or other drugs. (http://dmv.ny.gov/about-dmv/chapter-9-alcohol-and-other-drugs). Because of these concerns, persons charged with DWI will frequently be required to post bail or bond following their arrest. North County Bail Bonds can help under those circumstances.

According to the New York State Division of Criminal Justice, DWI is an acronym for driving while intoxicated. A similar acronym, DUI, is used in other states which stands for driving under the influence, and yet another acronym, DWAI, may be encountered which signifies driving while ability impaired.
Under section 1192 of the New York State Vehicle and Traffic Law (VTL), the prohibitions against a motorist’s consumption of alcohol or drugs include:

• Driving while ability impaired: “No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol” (VTL §1192[1]). A first violation is a traffic infraction.
• Driving while intoxicated; per se: “No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva . . . ” (VTL §1192[2]). A first violation is a misdemeanor.
• Driving while intoxicated: “No person shall operate a motor vehicle while in an intoxicated condition.” (VTL §1192[3]). A first violation is a misdemeanor.
• Driving while ability impaired by drugs: “No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug . . .” (VTL §1192[4]). A first violation is a misdemeanor.
• Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs: “No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs” (VTL §1192[4-a]). A first violation is a misdemeanor.
• Aggravated driving while intoxicated; per se: “No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva . . . ” (VTL §1192[2-a][a]). A first violation is a misdemeanor.
• Aggravated driving while intoxicated; with a child: “No person shall operate a motor vehicle while [intoxicated, impaired by drugs, or impaired by the combined influence of drugs or of alcohol and any drug or drugs] while a child who is fifteen years of age or less is a passenger in such motor vehicle” (VTL §1192[2-a] [b]). A first violation is a class E felony.( http://www.criminaljustice.ny.gov/ops/erc/faqs.htm)

What Should a Person Accused with DWI Do?

As in every case, the person accused with DWI should take the necessary steps to post bail fast. An accused person charged with DWI will face enough obstacles and it is far easier to defend yourself when released than it is while confined to a jail cell. If necessary, a released person can begin to get the treatment that he needs with compassionate treatment providers in the community.

The Truth About Domestic Violence Charges in New York

Domestic violence cases are difficult for any court as all judges are afraid to release a person accused of domestic violence as they are concerned that violence may escalate. In most cases of domestic violence homicide, there has been a prior case involving domestic violence and the violence then escalated.

However, while there are certainly serious cases of domestic violence, there are also “domestic violence” cases where the defendant, whether male or female, is falsely accused or, even if properly charged, is overcharged and has high bail set as a precaution to protect against an escalation of violence.

At North Country Bail Bonds, we recognize that the actual facts may ultimately turn out to be much different than the stories given to the police on the day or night of arrest. We also recognize that it is not the job of the bail bonds man to pass judgment on anyone accused of domestic violence. We are here to help the accused and to get the accused released so that he can work with his attorney to present a defense in court.

The Truth About a Sex Charge in New York

Because an actual sex charge can be heinous, New York courts will frequently set high bail for persons accused of sexual offenses, but the professionals at North Country Bail Bond know one basic fact about a charge of a sexual offense: There is a big difference between being charged with a sexual offense and being convicted of a sexual offense. Although a sex charge is serious, many persons accused of sex charges are ultimately acquitted and have the charges dismissed at the end of the case.

When your loved one is falsely accused of a sex charge, the professionals at North Country Bail Bonds will work with you to take the necessary steps to gain his freedom as soon as possible so that he can work with his legal counsel and defense team to fight the charge and defend himself, rather than be victimized and treated as a sex offender at the local jail before he is given a trial to defend himself.

At North Country Bail Bonds, we don’t like sex offenders any more than the rest of society, but we’ve been around long enough to know that being charged is different than being guilty. We regard securing the release of a person unjustly accused of a sexual offense as a serious matter and, if we agree that your loved one is falsely accused of a sex charge, no bail bond company will work harder to secure the pre-trial release of the unjustly accused.