marijuana

Published on: July 26, 2023

Desk Appearance Ticket at NYC Airports

New York City is one of the best cities in the world to visit and it attracts tourists from all over the world. Unfortunately, a few of them are arrested every day at the New York City airports: LaGuardia and JFK (John F. Kennedy). Most of them receive Desk Appearance Tickets for misdemeanor offenses. These arrests typically involve generally law-abiding citizens accidentally carrying something in their luggage that is illegal in New York, such as a weapon (Penal Law Section 265.01) or a controlled substance (Penal Law Section 220.03). Sometimes, Port Authority Police also make arrests and give Desk Appearance Tickets for offenses at the airport like trespassing (Penal Law 140.10), shoplifting (Penal Law 155.25 or 165.40), public lewdness (Penal Law Section 245.00) or assault (Penal Law Section 120.00). These tickets typically direct the arrest person to appear in court about a month later at the Queens Criminal Courthouse located at 125-01 Queens Boulevard in Kew Gardens, New York.

Although the offenses may seem minor at first, these cases in fact present very real risks to the arrested persons: possible permanent and public criminal records, immigration consequences, prison time, loss of employment, and financial penalties, among others. For out-of-town tourists, they present an additional problem, though: appearing in court personally can be logistically very difficult, especially if the case involves multiple appearances. Traveling across the country (or across an ocean) means potentially missing time from work, school and/or family obligations, not to mention the expense of traveling.

Matthew Galluzzo has perfected a system of client affidavits that often permits him to appear – in certain cases – on behalf of out-of-town or foreign clients. Using these affidavits, he has frequently been able to appear without his clients and resolve cases favorably for those clients. He has helped dozens of New York visitors resolve misdemeanor cases without appearing personally in New York City for their court appearances. Not every case can be resolved this way, but many can.

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Published on: December 6, 2022

Federal narcotics importation charges – 21 USC 952 and 960.

By Matthew J. Galluzzo

Most defendants charged with narcotics trafficking in federal court are charged with violations of 21 U.S.C. Section 841 and 846. The potential penalties for those offenses generally depend upon the type of narcotic at issue, the quantity trafficked, and whether anyone died as a result of consuming those narcotics.

A person does not have to be physically transporting narcotics to be guilt of this crime. Federal prosecutors routinely pursue people for conspiring with others to commit this crime, such that one defendant might be accused of physically transporting narcotics while other members of the members of the conspiracy play different roles in the planning and delivery of the narcotics or its proceeds. Indeed, these crimes are frequently charged along with 21 U.S.C. 846, the conspiracy statute.

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Published on: June 26, 2018

Marijuana Smoking and Possession Cases in New York City

By Matthew J. Galluzzo

If you are reading this blog, you may be one of the many people under the impression that smoking and possessing marijuana in New York City is now legal. Or, perhaps you’ve been issued a summons accusing you of doing so. First of all, marijuana possession is still illegal in New York City and State, and such will be the case unless and until the legislature acts to amend the law.

What has changed however, is the New York Police Department’s approach to marijuana arrests. In short, you can absolutely still be charged with a crime if caught smoking or possessing marijuana in public. The NYPD, however, has announced that it will cease making full-blown arrests and instead will issue summonses in these cases with limited exceptions (if the person they stop is on probation or parole, has outstanding warrants or a history of violence, or is in violation of another law (ie, DWI drugs).

A summons is a pink ticket handed to you by a police officer which can charge you with a crime or a violation. If you receive one, it means you have been commanded to answer misdemeanor and/or violation charges in a Court of law. Failure to abide by the summons and appear in Court can and will result in a warrant being issued for your arrest. So you (or a lawyer who can go on your behalf – see below) must answer the ticket personally.

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Published on: May 21, 2018

D.A. Vance’s Pledge to “End” the Prosecution of Marijuana Cases In New York: What You Need To Know

By Matthew J. Galluzzo

Manhattan District Attorney Cyrus R. Vance, Jr. recently announced a change in policy that will soon effect many low-level marijuana offenders in Manhattan. To those who smoke and possess marijuana in New York City, the message was clear: he does not want to prosecute you. The new policy will be aimed at countering the NYPD’s proven disparate treatment of racial minorities in the form of unequal enforcement of the marijuana laws, as well as reduce the number of low-level cases that are handled in the City’s Courts by the thousands. Echoing Vance’s desire to reduce unnecessary arrests and disparity in the enforcement of the law, Mayor Bill De Blasio announced that the NYPD would be required to overhaul it’s marijuana policy as well.

Vance’s policy change comes on the heels of a disturbing (albeit unsurprising) study which revealed that African-Americans are arrested for low-level marijuana offenses at a rate 8 times that of whites in New York City, and 15 times more than white people in Manhattan alone. The critical component of the study of course indicated that both African-American and white folks use marijuana at the same rate.

In light of these (and other) statistics, beginning on August 1, 2018, the Manhattan District Attorney’s Office will simply stop prosecuting low-level criminal cases involving smoking and possession of marijuana, with few exemptions. Yes, you read that correctly: If you are arrested for smoking a marijuana cigarette, joint, blunt or pipe in public, or otherwise possess a small enough quantity of marijuana, the Manhattan DA’s office will not prosecute you as of that date. DA Vance expects that the number of marijuana cases handled by the system annually to be reduced from roughly 5,000 to 200 as a result.

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