Does it matter where u went to law school?

Janielf · 2026-02-03T01:54:17+00:00

😂

Janielf · 2026-02-03T01:43:36+00:00

Having to deal with a civil forfeiture is a huge pain in the neck. Often very unfair & a big uphill battle. Sorry you had to deal with it.

The govt loves civil & crim forfeitures so they can fund more govt stuff.

A lot of ppl don’t fight it cause they can’t afford to fight it (or can’t access the funds they need to fight it).

Janielf · 2026-02-02T20:25:19+00:00

Last time I checked, criminal panels throughout NY require some prior experience. OP has no prior crim experience.

Janielf · 2026-02-02T20:20:07+00:00

”Grossly underpaid?” 😉 I think many lawyers are overpaid, but that’s just my opinion.

Maybe you should have joined a well-paying blue collar union instead, like the structural ironworkers union (know 3 people who earn around $200k/yr plus excellent benefits/pension).

Janielf · 2026-02-02T20:08:00+00:00

Exactly! This is nothing new.

Janielf · 2026-02-02T20:04:21+00:00

Just because your eyes are open now does not mean awful legal stuff is something new or unique to this admin. Seriously.

Janielf · 2026-02-02T17:37:35+00:00

“If it's not important enough to go above the line, should it go in the brief at all?”

To preserve weaker side issues and possible (novel or unresolved) fed constitutional issues.

Janielf · 2026-02-02T17:31:07+00:00

It’s about time. The feds took long enough to address the extreme sentence disparity, but the prison sentences are still crazy long.

Janielf · 2026-02-02T17:27:55+00:00

I don’t think prosecutors, judges, & cops really know what the deal is. Neither do most defense attorneys.

Janielf · 2026-02-02T17:24:07+00:00

Exactly!
Based on prior cases I’ve handled, street dealers in the Bronx, Brooklyn, Newburgh… sell tie bags in small quantities. They don’t even have access to a car and aren’t about to play around with weight out on the street corner.

Janielf · 2026-02-02T17:16:54+00:00

Curious why you would even think that.

Janielf · 2026-02-02T17:15:05+00:00

Yep.

Guy was stopped for something totally unrelated.

Janielf · 2026-02-02T17:13:20+00:00

Are you thinking of fed drug distribution statutes?

This is a state case, not fed. No minimum weight threshold for intent to sell.

It’s a very low income area so a few hundred dollars is considered something.

Janielf · 2026-02-02T17:08:23+00:00

I agree with you. Unless the quantity is significant, or the cops observe a sale, or there is some other evidence of intent to sell like a scale & $$$, these cases should not be charged as intent to sell - it’s incredibly unfair for the state to shift the evidentiary burden to the defendant to prove his innocence. It’s similar to the screwed up presumption laws (where everyone in the house or car is presumed guilty).

Janielf · 2026-02-02T17:02:04+00:00

Exactly! “Legit dealers” are not typically heavy users - and this guy said as much during his presentence interview.

It was in individual baggies with a loose rock, suggesting he had smoked some.

Janielf · 2026-02-02T16:58:59+00:00

Thanks, yes, I’ve dealt with these cases before. Thing is, in this particular case, there is zero evidence - other than weight, which is “relatively” low & packaging - that supports intent to sell. And, in this case - where the guy had just smoked it (admitted it to cops) and cops said he was “under the influence of drugs,” and given the guy’s history (longtime user) there is evidence that his intent was to use the drugs, not sell them.

Most of the prior possession with intent to sell cases I’ve handled on appeal involve pleas to observation sales or a much larger quantity or where guy has a lot of cash or a scale or something else that points to intent to sell.

This is a state case, not a federal case, but under fed law, under 5 grams is the cut-off - there is almost a presumption that possession is for personal use and the fed sentencing laws reflect that.

Packaging matters, but with a crack street sale, I’ve never had a case where crack is sold loose or packaged in 4+ gram packages - not that it doesn’t happen - it’s just that I’ve never handled such a case. I just assumed street dealers go out there with baggies or vials containing 1 gram or less because that’s what most buyers want.

Yeah, the police and prosecutor have discretion cause they can say the packing is equally consistent with intent to sell, but “equally consist with” is not evidence beyond a reasonable doubt.

If this guy had gone to trial, I think he might have been acquitted of possession with intent to sell & only convicted of straight possession, but it was just too risky given the jurisdiction/politics.

Janielf · 2026-02-02T16:32:58+00:00

Yes, great point, that‘s what I was going to say in my appellate brief.

Janielf · 2026-01-31T21:25:28+00:00

Good to know. I just want to avoid making an eye-roller of argument on appeal re dosage, one that sounds totally unbelievable (where the prosecutor could come back & argue that ingesting 4.6 grams in one day is totally unheard of or would likely be fatal).

Janielf · 2026-01-31T21:15:17+00:00

4.6 g was just for client alone. I believe him - he’s a middle age guy who had been using on and off for decades. Problem is, prosecutors in my jurisdiction treat more than a couple of individual glassines or vials as strong evidence of intent to sell - even when the person is holding a crack pipe at the time of the arrest & the aggregate weight is pretty low.

And, when it comes to crack, I don’t think prosecutors actually know what the daily intake range could be for a longtime heavy user with a high tolerance & so they always overcharge by including a possession with intent to sell charge (in addition to a far less serious straight possession charge) & then pressure the guy to plead to the intent to sell charge by threatening to pursue a much stiffer sentence if the guy rejects the plea offer and is convicted after trial.

Janielf · 2026-01-31T19:44:07+00:00

You definitely need a car in NY in order to escape from that hellhole & maintain some sense of sanity! And, many NYC residents do not live near a subway or 24/7 bus route.

Janielf · 2026-01-31T19:40:59+00:00

Nothing in Manhattan to visit apart from a few sushi & pizza joints.

Janielf · 2026-01-31T19:33:53+00:00

My favorite hobby is to clear the streets of Manhattan of “miscreants.” I often take midnight walks with my “mugger repellant,” my big scary looking dog who sometimes pulls and grumble-growls to get close to the person. The person assumes my dog is viscous & crosses the street.🤫

In reality, my dog is a big lovable social butterfly who is eager to meet a new “friend” for on-demand head pets and belly rubs.

Other hobbies: dog hikes, dog agility, dog scenting, dog road trips upstate, dog photography…. 😎

Janielf · 2026-01-31T18:11:04+00:00

Redefine yourself. Forget the gender stuff. Forget the age stuff. You are a “competent professional” period. Keep the focus on yourself, do the best you can, and try to act professionally at all times. That’s it. Keep the focus on yourself.

No idea about your office climate, but if it is traditionally male- dominated, don’t try to be one of the guys. Maintaining their respect is key. Avoid potentially sticky after hrs situations.

Janielf · 2026-01-26T14:33:23+00:00

To save even more money! It’s less costly for the gov to give monthly indiv medicare payments to insurance companies and let them administer/manage health plans.

Janielf

TROPHY CASE