As a former Manhattan Prosecutor I have presented hundreds of cases to grand juries in New York. As a partner at a prominent criminal defense firm I have sat with clients inside the grand jury as they were questioned by prosecutors. With recent news reports about the a New York…
Articles Posted in NARCOTICS
UPDATE – New York Rockefeller Drug Laws
Tilem & Campbell just obtained a summary of the new Legislation repealing the Rockefeller Drug laws. If you or a loved one is currently serving a term in prison for a New York Narcotics case or is currently charged with any New York Drug case. Contact one of the experienced…
NEW YORK SENATE GOVERNOR AND ASSEMBLY REACH DEAL ON REPEALING ROCKEFELLER DRUG LAWS
New York criminal defense lawyers, especially those that handle New York State drug cases, are monitoring an agreement just announced between the New York Senate, Assembly and Governor to repeal the Rockefeller Drug Laws. Details are not fully available but the legislation is expected to substantially reduce and in some…
While New York Drug Laws and Many Other State’s Laws Consider Crack Cocaine and Powder Cocaine the Same Drug, Federal Drug Laws Do Not.
Currently, Tilem & Campbell has one appeal pending before the United States Court of Appeals for the Second Circuit challenging the constitutionality of the previously discussed 100:1 powder cocaine v. crack cocaine sentencing discrepancy. Tilem & Campbell has another Federal Narcotics case for which it is preparing the appeal now.…
NEW YORK’S ROCKEFELLER DRUG LAWS MAY SOON END
New York criminal defense firm Tilem & Campbell is pleased to report that after years of fierce opposition to New York’s draconian “Rockefeller” drug laws, and after some amendments, passed in 2004, did away with some of the harshest sentences, it now appears that much of the remnants of the…
Crack Cocaine Mandatory Minimums: Congress, President Elect Obama, Vice President Elect Biden, Incoming Secretary of State Clinton, the Chairman of the House Judiciary Committee Rep. John Conyers, Jr Have Either Sponsored or Cosponsored Bills Abolishing
As experienced New York and Federal criminal defense lawyers, we keep track of changes and proposed changes in the law that may effect our clients. When appropriate, and as part of the effort of our effort, though this blog to educate the public, our clients and our friends, we post…
The Crack Cocaine v. Powder Cocaine Sentencing Disparity – Powder Cocaine and Cocaine Base (“Crack”) are the Same Drug
As I have been discussing in previous blogs, the rationale behind the 100:1 powder cocaine to crack cocaine sentencing disparity has been proven to be unfounded and false. Yet another argument the New York criminal defense firm Tilem & Campbell is raising in one of our appellate challenges to the…
The Assumptions Relied Upon by Congress When it Passed the Mandatory Minimums for Crack Cocaine Offenses Have Proven False. The Justifications for the Sentencing Disparity Between Powder Cocaine and Crack Cocaine are not Supported by Fact or Reason
As I have previously discussed, Congress justified Draconian mandatory minimum sentences for federal crack cocaine offenses upon their mistaken belief that, among other things, crack cocaine was more dangerous than powder cocaine because it was believed to be more addictive and create more violence than powder cocaine; that it was…
The Anti-Drug Abuse Act of 1986 Established a 100:1 Crack Cocaine to Powder Cocaine Ratio Resulting in Crack Offenders Receiving Decades in Prison While Powder Cocaine Offenders Receive Months or at Most Several Years in Prison for Offenses Involving the
New York criminal defense firm Tilem & Campbell is vigorously challenging the constitutionality of the mandatory minimum sentences for federal crack cocaine offenses set forth in the Anti-Drug Abuse Act of 1986 (ADAA). We currently have one appeal on this issue pending before the Second Circuit Court of Appeals and…
The Anit-Drug Abuse Act of 1986 and the Revival of Draconian Federal Mandatory Minimum Sentences
Just 16 years after the passage of The Comprehensive Drug Abuse Prevention and Control Act of 1970 which all but eliminated harsh mandatory minimums for federal drug offenses, Congress reversed course and passed The Anti-Drug Abuse Act of 1986 (ADAA). The ADAA was passed by Congress during the media frenzy…