The Facts of the Case: A New York Drug Crime Lawyer said petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this…
Articles Posted in Drug Possesion
Court Looks at Elements of Burglary vs. Petit Larceny
A man entered a home in Dade County, Florida. He did this in the middle of the night without the knowledge and consent of the two people who lived in the premises, a brother and a sister. The man ransacked the house and took away with him a color television…
Court Looks at Intent in Breaking and Entering Case
The Facts of the Case: A New York Drug Crime Lawyer said the appellant was charged with the criminal act of breaking and entering with intent to commit a misdemeanor, viz.: petit larceny. The information charged three elements: unlawful breaking, unlawful entry and the intent to commit petit larceny. The…
Appellants Claim Jury Instruction Harmed Their Case
The Facts of the Case: A New York Criminal Lawyer said petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this request…
DEA Exposes Cocaine Trafficking Ring
The DEA along with the local Sherriff’s Department started a joint investigation of what was believed to be to be a cocaine trafficking organization. A New York Criminal Lawyer said the investigation focused on a local restaurant and its owner. The investigators believed that the owner of the restaurant was…
Defendants Contend Evidence was Not Admitted Properly
The defendants and appellants in this case were convicted on a number of different accounts that involved trafficking marijuana. They are raising a number of different claims against their convictions. The main issues that are being raised are whether or not the district court properly denied motions to suppress the…
Defendant Contends Improper Jury Instructions Were Given in Drug Case
Case Facts An informant contacted agents of the Drug Enforcement Administration and informed them that there were large transactions of large quantities of illegal drugs being made in the area. The informant then helped the Drug Enforcement Administration create a reverse sting operation. In the operation DEA officers poses as…
Defendant Files Motion to Supress Evidence in Drug Case
A New York Drug Crime Lawyer said the defendant is appealing his conviction of possessing cocaine with the intent to distribute, possessing marijuana, and using a firearm in drug trafficking. He argues for reversal based on a denial to suppress evidence that was found in a search of his home…
Defendant Seeks to Withdraw his Plea Based on Duress
Defendant was indicted in three separate indictments by a Grand Jury charging him with two counts of assault in the second degree, escape in the second degree and resisting arrest; two counts of grand larceny in the third degree; and two counts of grand larceny in the second degree and…
Defendant Contends She Did Not Know She was Possessing Drugs
A New York Criminal Lawyer said this case involves a 17 year old juvenile who is challenging an adjudication made against her for possession of drug paraphernalia. Case Background The girl was driving her car with three friends. She was involved in a car accident. When the police arrived at…