cmartindale@martindaleandassoc.com
(212)405-2233

Criminal Defense Law

DRUG CRIMES

Unfortunately, many of our clients come to our office facing serious drug charges. Drug crime is the most common charged of all the different types of crime. Drug crimes can fall under many categories, including drug possession, drug sale, drug possession with the intent to sell, drug manufacturing, trafficking, and solicitation. Drug crime is a major concern in this country and specifically in New York State, thus government has come down particularly hard on drug offenders. There are even mandatory minimum jail sentences for certain drug offenses. Even with the repeals of some of the Rockefeller Drug Laws, drug offenses can carry lengthy sentences.

Drug cases can also be somewhat tricky in that there are certain laws most people are unaware of. For instance, a drug sale within 1,000 feet of a school can have harsher consequences than a sale outside of 1,000 feet. Also, the simple passing of a marijuana cigarette to another person without any money being exchanged is considered a “sale” in New York State.

Drug cases can have a variety of different consequences such as: probation, jail, fines, outpatient drug programs, or in-patient drug programs, many of which are upstate far from the five boroughs.

Here at Martindale & Associates, PLLC we are highly experienced in drug related cases, successfully handling A-I, A-II and B Felony level drug offense cases.

VIOLENT CRIMES

Contrary to popular belief most crimes charged are not violent crimes. However, when one of our clients comes to us charged with a violent crime, we here at Martindale & Associates, PLLC understand how serious the matter is, and how to deal with it.

A violent crime is an act by a person against another where that person intentionally threatens, attempts, or actually inflicts physical harm against another. There are a few different factors which dictate the severity of the charges against the person accused of the violent crime such as; was there a weapon involved (such as a gun); whether the person accused was aided by another; and who the victim was (such as in a hate crime where the victim’s race or sexuality might play a role).

Some of the more types of violent crimes include murder, manslaughter, rape, robbery, assault (misdemeanor and felony), and menacing. Because violent crimes involve a victim who usually has been injured in some sense, the District Attorney’s Office is particularly sensitive to these types of crimes, and come down heavy on violent crime offenders.

We have successfully defended clients on many violent crime charges, such as robbery, and assault and attempted murder. Many of which were outright dismissed. If you are charged with a violent crime contact us.

SEX CRIMES

We understand that sex crimes are an extra sensitive type of crime. For that reason, we make sure to be extra attentive and sensitive to the needs of our clients charged with such a crime. A Sex Crime involves a person committing a sexual act which has been deemed criminal by the State of New York usually against another unwilling person. There is a great potential for a large amount of collateral damage when a person is accused of a sex crime; such as loss of employment, damage to reputation in the community, loss of custody of children, and destruction of family relationships. If convicted, a person faces, not only the possibility of jail, but sex offender registration, and limitations on where he or she can obtain employment.

If you are being charged with a sex crime, we understand that you might be apprehensive to speak about it, but coming in to speak to us as soon as possible can be essential to successful defense of the charges against you.

WHITE COLLAR CRIMES

The term “white collar crime” is said to have been coined by Professor Edwin Sutherland in 1939. He defined “White Collar Crime” as “a crime committed by a person of respectability and high social status in the course of his occupation”.

White Collar Crime is not as publicized or demonized by the media as drug crimes or violent crimes are nonetheless still prosecuted in the State of New York, and can still carry heavy penalties. Those penalties can range from heavy fines, payment of back taxes, termination of employment, probation and even jail. Some of the more frequent types of White Collar Crime are: embezzlement, check fraud, credit card fraud, identity theft, extortion, and the more recent phenomenon of computer crimes.

Here at Martindale & Associates, PLLC. with our understanding of corporate law, we are extremely successful in defending our clients against White Collar Crimes. If you are charged with a White Collar Crime contact us.

COMPUTER CRIMES

Computer Crime (sometimes also referred to as “Cyber Crime”) refers to any crime that involves a computer and a network.  The computer itself does not necessarily have to play the critical part in the commission of the crime alleged. Instead, Computer Crime usually involves some type of criminal exploitation over the internet.  This type of crime has become a high-publicity type of crime in recent years, especially with regards to “hacking”, copyright infringement, child pornography, identity theft and “cyber stalking”.

Because Computer Crimes can be committed across various state lines, they can be commonly charged as federal crimes instead of just a state crime, and therefore can carry harsher prison sentences.

We handle federal matters on a regular basis here and can defend you against any Computer Crime whether Federal or State.

TRAFFIC CRIMES

At the onset Traffic Crimes may not sound as serious as other types of crimes, but they can affect your driver’s license/privileges, your car insurance rates, and most importantly your freedom. Even though some traffic offenses are charged as infractions, some are in fact charged as misdemeanors and some even felonies, therefore can carry possible jail time. Some of the more common Traffic Crimes include Hit and Run, Driving w/a Suspended License, Reckless Driving, Leaving the Scene of an Accident and Driving Under the Influence of Alcohol/Drugs.

An important distinction to be aware of is the difference between Department of Motor Vehicle hearings and Criminal Court proceedings. It is possible to be arrested and charged with a Traffic Crime whereby there are matters that need to be attended to in Criminal Court AND The Department of Motor Vehicles. The Traffic Crime of Driving with a Suspended License is the most common example of this fact. When arrested for Driving with a Suspended License, you are charged with a crime in Criminal Court, but must also address the reason why your license is suspended in the first place (the reason usually being unpaid parking tickets) at the Department of Motor Vehicles.

Here at Martindale & Associates, PLLC we handle many Traffic Crime cases whether it be in Criminal Court, or a hearing at the Department of Motor Vehicles, and have been extremely successful at maintaining our clients’ driving license/privileges. If you have been charged at any type of Traffic Crime contact one of our attorneys immediately.

DRUNK DRIVING/DUI

In the state of New York, it is illegal to operate a motor vehicle with a Blood Alcohol Content (BAC) level of .05% or above. Any BAC level above .08% is a misdemeanor. Your BAC level is tested by the police upon your arrest with a breathalyzer machine. However, it is still possible to prosecute a driver suspected of driving under the influence of alcohol or drugs even if he or she does not submit to the breathalyzer test. If you are found to be driving under the influence of alcohol or drugs you will be arrested and charged with Driving While Intoxicated.

If you have been arrested for Driving While Intoxicated, it is particularly important to contact the right legal representation as early as possible. Driving While Intoxicated cases are particularly nuanced and the right representation is the key to a positive outcome. Consequentially, being found guilty of Driving While Intoxicated carries a number of heavy burdens including suspension of your license, loss of your vehicle, lengthy drunk driving programs, fines, probation and even possibly jail

PAROLE REVOCATION DEFENSE

When a person is sentenced to an indeterminate jail sentence (a sentence that includes a minimum and a maximum; i.e. 3 to 9 years jail) they are usually paroled after finishing the minimum part of the sentence and finish the remainder of the sentence in the community “on parole”. Once on parole, the person is still technically serving their time, and is thus still under the supervision of the state and must abide by certain conditions. When a person on parole violates one of those conditions they are sent back to prison by the Division of Parole. However, what most people do not know is that the person accused of violating his or her conditions of parole is entitled to a hearing to determine if they in fact violated those conditions. The New York State Division of Parole has the sole burden of proving the accused violated his conditions of parole.

In the City of New York, the hearings to determine if a person violated their conditions of parole take place on Riker’s Island. Unfortunately, there is no bail when facing charges of violations of conditions of parole, so the person is fighting the charges while incarcerated.

Our firm is experienced in Parole Revocation and can assist you in any parole violation charges. Mr. Martindale exclusively handled parole revocation hearings for a number of years while working at the Legal Aid Society, Parole Revocation Defense Unit. If you are facing parole violation charges contact us immediately to preserve your rights in the charges you are facing.

EARLY TERMINATION OF PROBATION

When sentenced after a criminal conviction there are many different scenarios that can occur. One of the scenarios that can occur is the sentence of “Probation”. Probation is whereby the sentence or part of a sentence involves the sentenced defendant to remain on the street but must report to a Probation Officer periodically to ensure there have been no new criminal acts committed. A violation of probation can result in jail time. Consistent full compliance of the conditions of probation, with no new criminal acts committed, can result in Early Termination of Probation.

An early termination of probation could happen in one of two ways.  The individual on probation can apply to the court that sentenced them to probation, and ask to have the probation terminated early, or it might also be possible for the probation department to discontinue the sentence

Early termination of probation petitions are commonly granted when the individual on probation can show the judge that they are in fact worthy of early release from supervision. We have been successful at getting our clients early release from Probation, and can assist you if you have been sentenced to Probation on a criminal matter.