Drug Charges

Drug offenses are one of the most widely prosecuted crimes in New York courts. These crimes also make up a large percentage of cases in the Federal courts. At The Law Firm of Jonathan Kaye, we have extensive experience defending clients against drug charges of every type including drug sales and possession.  Defense attorney Jonathan Kaye is a former prosecutor who knows how to aggressively exploit the weaknesses in the case brought against you by protecting your constitutional rights. Contact Jonathan Kaye today for experienced, aggressive representation.

Just because you've been arrested, it doesn't mean you'll be convicted, or even charged. You don't want to face jail time or probation for a drug offense. At The Law Firm of Jonathan Kaye, we start negotiations with the prosecution as soon as possible to help eliminate or minimize the consequences of criminal charges. But for this to happen, you must act quickly.

We represent clients who are facing the following felony and misdemeanor narcotics charges involving marijuana, cocaine, crack cocaine, methamphetamine (crystal meth), prescription drugs, heroin, ecstasy (MDMA), or other controlled substances, including:

* Drug possession
* Possession with intent to sell
* Cultivation of narcotics
* Drug trafficking
* Drug manufacturing
* Drug distribution

Defenses

The 4th Amendment prohibits police officers from conducting any illegal search and seizure, which includes any search without a warrant, except under specific situations, such as consent. Drug offense cases are often defended by filing "suppression motions." The purpose of these motions is to challenge the manner in which the drugs were discovered. When these motions are granted in a drug case, it almost always results in a case dismissal.

Additionally, the prosecutor must also prove each and every element of the particular charged offense. If the prosecutor fails to do this, you are not guilty. The elements are:

  1. Dominion and control of the substance. Just being present at the scene of the offense is insufficient.
2. The substance must be in a quantity usable for consumption or sale
3. Possession for sale also requires a specific intent to sell it.
4. Knowledge of its presence
5. Knowledge of its illegal nature.

Consequences

The consequences of a drug offense conviction widely vary, from probation to lengthy prison sentences, depending on the type and quantity of drugs, and your prior criminal record.

If you have questions regarding drug charges, contact the Law Firm of Jonathan Kaye today for a free consultation. We are available to take appointments days, evenings, and weekends.

 

Theft & Fraud Charges

If you have been accused of theft in the New York metro area, the Law Firm of Jonathan Kaye can provide you with experienced, aggressive defense. Jonathan Kaye is a former prosecutor who knows how prosecutors operate. Contact Jonathan Kaye today for aggressive, effective criminal law defense.

At the Law Firm of Jonathan Kaye, we start negotiating with the prosecutor before the charges have even been filed. We know how to exploit weaknesses in the charges brought against you. If you've been arrested for theft, a white collar crime such as tax evasion or embezzlement, or another financial or property crime, we may be able to help you escape being charged, convicted, and penalized with jail time or probation.

Our law firm aggressively represents clients accused of the following criminal charges:

Bribery:
Bribery is the offer of money, goods, services, information or anything else of value, which is presented with the intent of influencing the actions, opinions, or decisions of the taker.

Counterfeiting:
Counterfeiting occurs when someone copies or imitates an item without having been authorized to do so and passes the copy off for the genuine or original item.

Embezzlement:
Embezzlement occurs when someone who has been entrusted with someone else's money or property uses it for their own benefit.

Extortion:
Extortion is defined as "forcing a person to give up property through the use of violence, fear or under pretense of authority".

Fraud:
Fraud charges can include mail fraud, check fraud, internet fraud, identity theft, credit card fraud, bank fraud, securities fraud, or telemarketing fraud.

Forgery:
Forgery is defined as the "making or altering of a false writing with intent to defraud."

Larceny:
Larceny is the "taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property." Larceny must involve personal property, and it must be capable of being possessed, and carried away.

Money Laundering:
Money laundering is a process or series of actions through which people try to hide income of illegal origin, disguising it or making it to appear legitimate to evade detection, prosecution, seizure and taxation.

Theft:
Charges ranging from burglary, robbery, petty theft, car theft, shoplifting, receipt of stolen property or trafficking of stolen property.

If you have questions regarding theft charges, contact the Law Firm of Jonathan Kaye today for a free consultation. We are available to take appointments days, evenings, and weekends. We accept all major credit cards.

 

White Collar Crime

Embezzlement, Identity Theft, Extortion, Fraud Defense

Charged with a White Collar Crime? Though it can be an overwhelming and frightening experience, it is possible to successfully navigate the legal waters with the help of the right attorney. The fact is, together we can avoid or mitigate a potentially dire and life-altering punishment that can result from such a charge.

What is White Collar Crime exactly?

The term White Collar Crime when initially defined (1939) meant crimes that were being committed by otherwise law-abiding citizens of high stature. Now White Collar Crime is defined simply as a wide range of nonviolent criminal acts generally committed for monetary gain.

Enforcement of White Collar Crime laws can be a function of the FBI, the Secret Service, the Internal Revenue Service, the U.S. Customs Office, the Environmental Protection Agency, and the Securities and Exchange Commission. Many states also have their own agencies for encforcement of white-collar crime laws at the state level.
Examples of White Collar Crime are:

* Bribery (Extortion)
* Credit card fraud
* Antitrust violations
* Internet fraud
* Securities fraud
* Insider trading
* Forgery
* Environmental law violations

   * Embezzlement
* Bankruptcy fraud
* Insurance fraud
* Mail Fraud
* Counterfeiting
* Money Laundering
* Computer Hacking
* Economic espionage

A skilled attorney will know how to determine and apply potential defenses for your case. For example:

1. Even though you may have benefited from the alleged crime, the burden is on the prosecution to prove intent. If it can be demonstrated that there was no intent or that there is reasonable doubt that intent was present on your part, you are by definition not guilty.

2. If your attorney can support a claim entrapment (i.e., government agents or an employer persuaded or even forced you to commit the crime) you can avoid conviction.

3. A skilled attorney can negotiate a beneficial plea bargain to minimize your punishment under the law.

Our legal staff will give your case the attention, care and expertise you deserve. We are seasoned attorneys with a record of arguing persuasively on behalf of our clients. Remember an effective defense can save your reputation and your business. Please feel free to contact our office and make any inquiries you like. We look forward to hearing from you and assisting you in determining if our legal office is the best choice for your defense.
Contact Us as Soon As Possible

If you have questions regarding a white collar criminal case or investigation in, please contact The Law Firm of Jonathan Kaye today for a free, initial consultation.  We are available to take appointments days, evenings, and weekends.

 

Drunk Driving

Also visit our Website on DWI at www.newyork-dwi.com

If you have been charged with drunk driving or driving while intoxicated in the State of New York, then you’re facing the possibility of stiff fines and DWI penalties, including a lost license and jail time. But remember: a DWI arrest is not the same as a DWI charge or conviction. 

Jonathan Kaye is a former prosecutor who will start negotiating your defense as soon as possible – even before charges have been filed. For information about drunk driving laws and how to defend against the consequences of drunk driving, contact Jonathan Kaye as soon as possible to set up a free initial consultation.

Make sure that you do not answer any questions until you consult with an experienced New York attorney. The Law Firmof Jonathan Kaye is committed to protecting your rights and interests. With significant knowledge of prosecutorial guidelines and practices in DWI Court, we can take an aggressive, highly pro-active approach to mounting your defense immediately.

 

False Criminal Allegations

What to Do if You Are Falsely Accused of a Crime

Believe it or not, many people who are convicted of a crime and end up in prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right, and the consequences can be tragic. An innocent party pays the price for something he or she did not do, while the guilty party roams free. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from the best criminal defense attorneys available.
Skilled and knowledgeable defense lawyers know their way around the criminal justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.

False-Accusation Cases Involve the Same Procedures as All Criminal Cases

Being falsely accused of a crime often does not alter the way the case is handled. A defendant should never believe that because he or she is innocent and has nothing to hide, there is no need for legal representation. In fact, there is perhaps an even greater need for legal advocacy in the case of an individual who did not do what he or she is charged with doing. On the other hand, some falsely accused defendants will still negotiate a plea agreement with the prosecutor in order to avoid a trial and even the possibility of conviction and jail time. In certain cases, pleading guilty to a lesser offense may be the best option, even for innocent defendants, although this choice is always left to the accused himself or herself, and some defendants justifiably refuse to admit to doing anything they did not do. Experienced criminal defense attorneys are in the best position to explain the criminal justice system to their clients and to advise them on the best tactics in a particular case.

Wrongfully Accused Defendants May Have Recourse in the Civil Courts

If someone is falsely accused of a crime, pleads not guilty, and the charges are dismissed, he or she may be able to file suit against the person who brought the charges. For example, if a private citizen files a false criminal charge against another person, or falsely makes a complaint to a police officer that results in another's arrest, and if no conviction results, the accused may be able to sue the accuser for malicious prosecution. If a law enforcement officer was involved in bringing the false accusations, the accused may also have a claim for false imprisonment or for a civil rights violation, often called a Section 1983 action after the provision in the federal law creating that cause of action. In a malicious prosecution case, the wrongfully accused plaintiff can recover his or her actual injuries, which include attorneys' fees to defend the underlying case in criminal court, the cost of any bail bond, lost wages, damages for embarrassment and humiliation, and damages for harm to his or her reputation. In some cases, punitive damages may also be awarded, above and beyond the actual damages suffered, in order to punish the person who raised the wrongful accusations and to discourage others from engaging in similar conduct.

To successfully maintain a malicious prosecution case, the plaintiff must show not only that the defendant is responsible for causing the criminal charges to be brought and that the charge was dismissed in criminal court, but also that the defendant had no reasonable basis on which to bring the charges in the first place. Generally that requires proof of lies or similar wrongful conduct. Simply showing that the charges were dropped or that a not-guilty verdict was reached is insufficient to show that the malicious prosecution defendant engaged in wrongful conduct, since in many cases the prosecuting attorney will dismiss a criminal case or juries will find a defendant not guilty based on insufficient evidence or the existence of a "reasonable doubt," even when they believe the accused actually committed the crime he or she was charged with.

Conclusion

A person falsely accused of committing a crime faces many of the same challenges as a guilty criminal defendant and has the same, if not an even greater, need for competent legal counsel. If the charges are ultimately dismissed or a not-guilty verdict is reached, the person falsely accused may be able to turn back to the court for recourse. Importantly, however, before contemplating a civil suit the falsely accused individual must focus on defending against the criminal charges. In order to do so, he or she must turn to an experienced and knowledgeable criminal defense. When your life is on the line, experience counts.