The Consequences Faced By Repeat DWAI Drug Offenders In New York

Interviewer: What about second and third time offenders, repeat offenders, how does it work for them?

Michael Kramer: First time as I said as long as the circumstances are such that there are no aggravating factors, no priors, no accidents, you will be able to plea bargain down to a violation from the misdemeanor of DWAI drugs. Second offense, you will not be offered that plea and your only choice will be whether to go to trial or to plead to the misdemeanor. Third offense, if it’s within 10 years of the prior DWAI drug conviction, is a felony and then your choice is usually to go to trial rather than accept the felony which has much more dire consequences in your life.

The Look Back Period for a DWAI Drug Offense in the State of New York

Interviewer: Is there ever a look back period as far as, a certain amount of years that have passed, where they say the second offense will be treated like a first offense again?

Michael Kramer: Well, it’s getting worse and worse. If it appears on your record, if you have a prior, if it’s 20 or more years ago, you have a reasonable chance of having the second offense treated similar to a first. If less than 20 years ago, depending on how long and the circumstances, it becomes much harder to achieve a plea to a lesser charge.

Typical Mindset of an Individual Charged with a DWAI Drug Offense in New York

Interviewer: When you deal with clients and they have been in a situation, typically what’s their mind set and attitude. Are they usually panicked or are they usually scared of what may happen to them?

Michael Kramer: Reactions vary as do individuals. People accept bad circumstances, the tragedy of an arrest, in very different ways. Some panic others are more accepting and blame themselves and are willing to accept the consequences of their actions better than others.

Defendants May Sometimes Feel Guilty and May Contemplate Entering a Guilty Plea in Court

Interviewer: Do you ever have people who start saying, ‘Well I feel really guilty I about this, I did this, I feel guilty.’

Michael Kramer: Certainly. And if in fact I feel it’s reasonable for them to consider that alternative, we discuss it. However, if I feel that the case is winnable, and it can result in their not being convicted of anything, even though they are feeling guilty and want to plead to something, I would recommend that they not.

Individuals Charged with DWAI Drug Offenses Often Blame Themselves for the Situation

Interviewer: What would you say is the most difficult thing for your clients to understand about this whole process?

Michael Kramer: They just feel it is terrible luck and they blame themselves. They question: why did I make this turn or why did I go that route or why did I enter an area where I knew there.