New York Criminal Lawyers Blog

As a New York criminal defense attorney who regularly handles drug and narcotics cases, I have successfully defended PCP felony cases. New York's PCP laws make possession of minimal weights of PCP a felony.

However, our New York criminal defense attorney has successfully exploited a loop hole in the law and the inherent nature of PCP to achieve knockdowns of felony PCP cases to misdemeanors.

PCP is often used by pouring it on mint leaves. When New York police submit PCP for analysis, they often submit the mint leaves also. Then the lab techs usuallly weight the gross weight of the mint leaf and the PCP. However New York's felony drug laws, mandate that the PCP be over the felony weight limit. Since the lab techs weight the leaves, they cannot distinguish what weight is attributable to the PCP and what weight attributable to the the leaf.

Additionally, PCP evaporates very quickly. As a result, there is usually not enough PCP for retesting. Therefore, at best, the prosecutors in New York can only prove misdemeanor level possession. New York criminal defense lawyer Michael Joseph has won several felony hearings on PCP cases and obtained misdemeanor level dispositions without jail.

Often commercial trucks driver interstate and when crossing state lines are suddenly subject to different criminal laws. Often in the South and in Middle America, it is not illegal to possess a weapon. In fact commercial truckers often carry weapons for personal protection such as taser guns, mace pepper spray, butterfly knives, brass knuckles and even handguns.

Unfortunately New York has very stringent weapons laws and even unknowing violations can land a commercial trucker in jail. Michael Joseph is a New York criminal defense lawyer who has represented numerous interstate truckers in weapons charges. We have successfully achieved non-criminal resolutions for commercial truckers on several occassions.

Commercial truckers from out of state who enter New York are at risk for arrest when they possess a weapon. Usually a routine traffic stop will result in an arrest if a New York police officer observes a weapon in the cab. If you or your trucker employee has been arrested in New York for a weapons charge, call our New York criminal defense attorneys. All after hour voicemails are forwarded to New York criminal defense lawyer, Michael Joseph's cell phone. All calls will be returned.

Michael Joseph is a New York criminal defense attorney with extensive experience with weapons charges and regularly appears in the Courts of New York City (Bronx, Queens, Brooklyn), Westchester, (White Plains, Yonkers, Harrison, Port Chester, Ossining, Ardsley, Bronxville, Scarsdale, Elmsford and Tarrytown)

New York civil rights lawyer Michael Joseph won an important appeal before the Court of Appeals for the Second Circuit. In the federal Court of the Southern District of New York, Michael Joseph proved that two bronx detectives were guilty of malicious prosecution and the jury awarded almost 1,500,000 in damages. With the attorneys fees award and interest, the total award will be approximately $1,800,000.

The Court of Appeals made a groundbreaking decision which recognized that when detectives use confidential informants, who they know are not credible, they can be held liable for malicious prosecution. The Court of Appeals recognized that where police officers suborn perjury or engage in misconduct, the presumption of probable cause associated with a grand jury indictment is rebutted. The Court of Appeals also recognized that pressuring a witness to falsely implicate a defendant is sufficient to establish fabrication of evidence and malicious prosecution.

New York civil rights lawyer and malicious prosecution attorney Michael Joseph has expanded the way in which malicious prosecution can be proven. Lawyers in New York who represent victims of malicious prosecution in New York should carefully consider this new rule and carefully explore the use of confidential informants.

Unfortunately, the police and detectives in New York, especially New York City ( Bronx, Brooklyn, Queens and Manhattan) use confidential informants who will say anything to get themselves out of criminal charges and jail. Unfortunately, these confidential informants often set up innocent and false implicate innocent people and cause criminal cases to be brought against them. Now New York detectives can be held liable when they use confidential informants who they should know are lying.

New York civil rights lawyer gives free consultations and proudly serves the New York City communities of the Bronx, Manhattan, Brooklyn and Queens as well as the communities of Westchester including White Plains, Yonkers, Ossining, Mamaroneck, Scarsdale, Hartsdale, Bronxville, Port Chester, Mount Vernon and Rye.