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Go – kart DWI, A First

Kart-150x150Can you receive a driving while intoxicated (DWI) criminal charge for driving a go – kart? The answer to that question is yes. Lennon Safati, age 18, has been charged with a felony for driving while intoxicated, endangering the welfare of a child and other criminal charges. Lennon violated New York’s Leandra’s Law. He was driving a go – kart while he was allegedly intoxicated, while he was carrying an underage passenger.Lennon was riding his go – kart with two minors aboard. One was holding onto his back and the other was sitting on his lap.

Leandra’s Law

Leandra’s Law, in the State of New York, makes it a felony to drive while intoxicated with a minor under the age of 18 in the vehicle. Conviction under Leandra’s Law carries a penalty of up to four years imprisonment for first time offenders.

Lennon’s blood alcohol level, as tested by a breathalyzer, was .11. This is higher than the standard of .08 necessary to be charged with driving while intoxicated in the state of New York. Lennon is currently being held on $10,000.00 bail.

Criminal Lawyers

If you are charged with crime, it is extremely important to have the best possible legal representation. Conviction of a crime can land you in jail, give you a criminal record, and create difficulties in obtaining employment for the rest of your life. At the Law Offices of Schlissel DeCorpo, our team of dedicated, experienced criminal attorneys have been representing New Yorkers for more than 30 years on a variety of criminal charges. Our firm has extensive experience in dealing with drug offenses, assault and battery, juvenile offenses, shoplifting, burglary, driving while intoxicated (DWI), weapons possession, sex crimes, white collar crimes and all types of misdemeanors and felonies. We also have recently developed an expertise in handling computer and internet crimes. Should you, a friend or loved one be investigated or charged related to a crime, feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation.

Miranda Warnings as Applied to Children

child-147x150How old must a child be before he or she can understand the Miranda warnings? The Supreme Court of the United States, in the case of J.D.B. vs. North Carolina, dealt with this issue. The court, in this case, rendered a ruling that police must take a suspect’s age into consideration when evaluating whether to give the Miranda warnings before questioning the suspect about criminal activity.

The Miranda warnings are that the individual being interrogated has a right to remain silent, a right to counsel, that any statement may be used as evidence against him and, if he or she can’t afford an attorney, an attorney will be appointed.

The Facts of J.D.B. vs. North Carolina

J.D.B. was a thirteen-year-old seventh grader. He was found near the site of home break-ins. He was questioned by the police without receiving his Miranda warnings. He initially denied complicity in the criminal activity. In the end, he confessed. He was given his Miranda warnings after confessing.

The Supreme Court Decision

The United States Supreme Court rendered a decision that a suspect’s age should be taken into consideration to determine whether he is “in custody” for purposes of being entitled to receive the Miranda Warnings. In the majority decision, Justice Sotomayor states “it is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave.” She further stated, “a child’s age is far more than a chronological fact. It is a fact that generates common sense and conclusions and perceptions…we have observed that children generally are less mature and responsible than adults and that they often lack experience, perspective and judgment to recognize and avoid choices that could be detrimental to them”, and that they “are more vulnerable or susceptible to outside pressure then adults.”

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Criminal Attorneys

Being charged with a crime can have a major impact on a person’s life. In these circumstances, you want experienced, knowledgeable criminal defense counsel to protect your rights. For more than 33 years, the Law Offices of Schlissel DeCorpo have provided criminal defense throughout the Metropolitan New York area for individuals charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Our office is on call 24/7. We provide free consultations for all prospective clients.

Nassau County Loses Marijuana Evidence

crime-150x150Recently, Nassau County, New York lost two bags of marijuana. The bags of marijuana had been seized as evidence by police officers. Due to problems with Nassau County’s crime laboratory, the marijuana was being shipped to a laboratory in Pennsylvania for drug testing. The shipment was carried by Federal Express. Unfortunately, the marijuana never arrived in Pennsylvania. I wonder where it went?!

Nassau County Police to Transport Drugs to Pennsylvania

As a result of the lose of the marijuana shipped by Federal Express, Nassau County police will be using their own police officers to drive drug evidence to laboratories in Pennsylvania from this point forward. Thereafter, the drugs will be tested in Pennsylvania.

The round trip to Pennsylvania will take approximately eight hours. There will be extremely expensive transportation costs incurred by the citizens of Nassau County for the transporting of these drugs.

As of now, it costs Nassau County approximately $100,000 a month to ship drugs seized by police officers to Pennsylvania. It is a shame that Nassau County must send more than a million dollars a year to Pennsylvania for laboratory testing, instead of creating local jobs for qualified individuals to work in a well supervised crime laboratory.

The procedures for the transporting of drug evidence came at the recommendation of State Inspector General Ellen Biben. She is still in the process of investigating the negligence and mismanagement that caused the Nassau County Crime Lab to be closed.

Criminal Attorneys

Should you, a friend, family member or loved one be investigated or charged with a crime, it is important to retain experienced, competent legal counsel as early in the investigation and/or arrest process as possible. For more than 33 years, the Law Offices of Schlissel DeCorpo have provided criminal defense throughout the Metropolitan New York area for individuals charged with drug offenses, domestic violence, assault and battery, driving while intoxicated, juvenile defenses, shoplifting, burglary, weapons possession, sex crimes, white collar crimes, and all other types of misdemeanors and felonies. Our office is on call 24/7.

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