Recently in Case Results Category

Client with Previous Felony Record Gets Disordely Conduct After Charged with Felony Criminal Mischief

November 24, 2011

The New York criminal lawyers at Crotty Saland PC are pleased to announce a top disposition for a client charged with Criminal Mischief in the Third Degree (New York Penal Law 145.05), Auto Stripping in the Third Degree (New York Penal Law 165.09) and Attempted Petit Larceny (New York Penal Law 110/155.25). The most serious offense, NY PL 145.05, is an "E" felony punishable by up to four years in state prison.

Prosecutors alleged that our client, an individual who had previously been convicted of violating New York Penal Law 265.03 for possessing a loaded firearm, took a brick and smashed it through the back trunk window of a vehicle parked in Manhattan. After allegedly smashing out the window, our client is further alleged to have reached inside the vehicle in the presence of a plain clothes officer and an independent eyewitness. Ultimately, the police arrested our client and the owner of the vehicle assessed the damage at $1,000. Charged with a felony, and previously convicted of a violent felony, prosecutors offered our client a "sweetheart" deal of a misdemeanor plea and restitution. Unhappy with the offer, our client, who was represented by a "public defender," consulted with and retained Crotty Saland PC.

Upon reviewing the case, our criminal attorneys determined that significant issues existed that fortified our client's defense despite the police officer and independent witnesses' observations. Although much was on the line should prosecutors present the case against our client to the Grand Jury and a misdemeanor offer was rejected, we advised our client to pursue a better disposition than the one offered.

Fairly straight forward, one is guilty of Criminal Mischief in the Third Degree if he or she, without permission, intentionally causes damage to another person's property in an amount that exceeds $250. While the facts and allegations against our client seemed equally clear, when we dissected the matter further we learned that our client obtained a prescription for ambien (a drug used to aid in sleeping) earlier that day. Using that medication to sleep, our client asserted that he had no recollection of the incident for which he was arrested. Research revealed that one of the side effects of ambien is "sleepwalking." Not merely relying on the possibility that our client could have suffered from "sleepwalking" when the incident occurred, we further corroborated our client's lack of intent to cause damage to the vehicle or steal from it. To that end, we were able to establish that at the time of the incident our client was wearing nothing other than shorts (no tee shirt, shoes, etc.). Moreover, our client had resided in a family owned building three doors down from where the vehicle was parked and served as a superintendant for over ten years at that location. Objectively, it made little to no sense that an individual who had no trouble with the law since a conviction in the 1990s would smash a vehicle window and attempt to steal from that vehicle in a location doors down from where our client owned a building. Moreover, if an individual would in fact attempt to steal from a car parked in a neighborhood where he or she is likely known to many residents, it is probable that the person would wear sneakers and a shirt so he or she could flee as quickly as possible.

Combining all of these factors together, the prosecution ultimately agreed to offer a better deal than the original misdemeanor offer. Avoiding a new criminal conviction, probation, community service or incarceration, our criminal attorneys convinced the District Attorney's Office to permit our client to plead to a violation of Disorderly Conduct. While an argument could have been made that our client should have sought a complete dismissal, the risk-reward analysis dictated that a non-criminal plea was the best possible disposition. At a minimum, it was exponentially better than either a misdemeanor or felony conviction.

To further educate yourself on any of the crimes listed above, including Criminal Mischief in the Third Degree, please follow the highlighted links above. To learn more about other crimes, please review the CrottySaland.Com website or the NewYorkCriminalLawyerBlog.Com.

Founded by two former Manhattan prosecutors, the New York criminal lawyers at Crotty Saland PC represent those accused of criminal offenses throughout New York City and the region.

Note: Although this disposition is one of many tremendous results for a Crotty Saland PC client, past results do not guarantee future outcomes. Each and every case is unique.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

New York Criminal Lawyers Avoid Criminal Record for Client Charged with Two White Collar Felonies in Manhattan Court

September 17, 2011

The New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC are pleased to announce that one of our clients pleaded guilty to a violation of Disorderly Conduct after being charged with two felonies of Grand Larceny in the the Third Degree (NY PL 155.35) and Identity Theft in the First Degree (NY PL 190.80) as well as three misdemeanor counts of Forgery in the Third Degree (NY PL 170.05). If convicted, not only would our client have a felony record, but he would have faced up to two and one third to seven years in prison.

It was alleged that our client had perpetrated "credit card fraud" after he randomly received a pre-approved credit card application in his mailbox addressed to another person. Upon completing the application, our client allegedly opened a secondary credit card account under his name. Upon doing so, prosecutors claimed that our client purchased a Honda Accord and filled out a loan application for that vehicle in the amount of $25,000. Using the credit card he allegedly obtained fraudulently, our client charged $7,000 as payment to Honda. As a result of these alleged actions and upon recognition by the creditor bank that there were issues with the use of the credit card, detectives from the New York City Police Department arrested our client. Shortly thereafter, prosecutors charged our client with these felonies in Manhattan.

The charges our client faced stemmed directly from his alleged conduct. Although additional charges could have been brought, the prosecution's apparent theories were that our client committed Identity Theft when he signed for and opened an account with another individual's name and account information. The Grand Larceny charge was a result of the use of a credit card and the "theft" of the vehicle. In total, the value of the losses were in excess of $3,000 but not more than $50,000. Lastly, the Forgery counts were tied to his alleged actions of filling out certain paperwork including loan and credit card applications falsely with the intent to defraud.

Unfortunately for our client, the evidence against him was powerful. In fact, our client was in possession of the Honda. Fortunately, however, the New York criminal lawyers at Crotty Saland PC took the appropriate steps not to challenge the evidence head on, but to mitigate our client's conduct. In doing so, we impressed upon prosecutors that our client not only came from nominal means to graduate from a top college, but he used this arrest to get his life back on track. With ongoing proof of his graduate studies, documentation as to other issues and treatment our client was dealing with, full restitution and other steps taken by our criminal lawyers including a "Queen for a Day," our client was offered a non-criminal disposition. This non criminal violation will afford our client the opportunity to grow from a lapse in judgment and still have a productive life upon his graduation from graduate school.

While this disposition was hard fought and represents one of many successful criminal case results we have achieved for our clients throughout New York, it was also a unique one. As much as any attorney may wish that he or she can guarantee a particular result for a client because of past results, this is not the case. What is more important is that our client recognized the legal predicament he faced. Upon doing so, he and our attorneys formulated a plan to best defend him against the allegations. Our diligence and efforts certainly paid off tremendously. Obviously, all of the details of this defense are not set forth here, but our defense ultimately was the best one for our client.

For a wealth of information on the crimes of Grand Larceny, Identity Theft and Forgery, please follow the highlighted links. There you will not only find practical analysis of the criminal statutes, but associated legal decisions and commentary on cases in the news. For additional information on New York theft and larceny crimes, please visit the NewYorkTheftAndLarcenyLawyers.Com website as well as the NewYorkTheftAndLarcenyLawyersBlog.Com.

Founded by two former Manhattan prosecutors who served under Robert Morgenthau, the New York criminal lawyers at Crotty Saland PC represent the accused throughout the New York City region.

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New York Criminal Lawyers Obtain Dismissal of Burglary After Two Positive IDs in Line Up

August 3, 2011

There are few crimes in New York that are more serious than the crime of Burglary. Whether the allegation is that you perpetrated Burglary in the Third, Second or First Degree, there is potential for significant state prison. In fact, Burglary in the Second and First Degree have a mandatory minimum term of incarceration for first time offenders of three and one half and five years respectively. Make no mistake. Whomever your criminal lawyer may be, he or she must be both a skilled advocate and an attorney versed in the laws and procedures of New York criminal practice to successfully combat a Burglary arrest.

Briefly, you are guilty of Burglary when you trespass into a building and have the intent to commit a crime. Although any crime is included in this intent, prosecutors need not prove a specific intent to perpetrate a specific crime. Moreover, the degrees of Burglary are enhanced to violent felonies if, for example, the structure entered is a dwelling, you possessed a weapon or someone was injured while you committed the offense.

In a recent case handled by the New York criminal lawyers at Crotty Saland PC, our experience and guidance paid off tremendously for a client charged with Burglary in the Second Degree pursuant to New York Penal Law 140.25. It was alleged that our client burglarized a Brooklyn store attached to apartment buildings. Not only was our client facing a mandatory minimum term of jail, the evidence appeared "solid" against him at first glance. In fact, two separate witnesses identified our client in a lineup procedure at a nearby police precinct at the time of his arrest. These "hits" by the two witnesses put our client at the scene of the crime and allowed prosecutors to hang their proverbial "hats" on this evidence.

Not deterred by this evidence, Crotty Saland PC argued that both identifications were actually misidentifications. That is, we argued that the wrong person was identified. Upon investigating the case, it was not merely our assertion that convinced the prosecution, but concrete evidence. After speaking with at least one person who could place our client at another location near the time of the alleged crime, we were able to gain further evidence to support our contention. Approximately 45 minutes after the alleged Burglary in the Second Degree, video surveillance caught our client in another office building in Manhattan where he worked. Although the argument and analysis was much further in depth than mentioned here, we argued that it was physically impossible for anyone to perpetrate a crime this far away and to be back at work within 45 minutes. Again, the two witnesses were mistaken and identified the wrong person.

A short synopsis of one case, and not a guarantee of a future result, the example above illustrates that what appears to be powerful evidence in the hands of the prosecution may in fact be quite the opposite. Because anyone can be wrongly accused, diligence, perseverance and timely action are all critical in each and every case.

A significant amount of information on the crime of Burglary in New York can be located through the links above. Additional information on violent crimes, legal case decisions, statues and newsworthy cases can be found on Crotty Saland's NewYorkCriminalLawyerBlog.Com.

Established by two former Manhattan prosecutors, Crotty Saland PC represents the accused in all criminal arrests, investigations and trials throughout the New York City area.

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New York Gambling Crimes: Accused Gets ACD After Charged with Felony Promoting Gambling in the First Degree

June 10, 2011

District Attorneys and prosecutors through New York City - Manhattan, Brooklyn, Queens, Bronx and Staten Island - routinely utilize their "long arms" to attack criminal schemes and grab targets of crime well beyond the borders of Gotham. Often times, New York criminal lawyers represent those accused of frauds and criminal transactions even though they never set foot in New York. Whether the crime is Enterprise Corruption, Grand Larceny or Money Laundering, theses defendants are prosecuted as if they had perpetrated their conduct right here in New York.

Beyond the crimes listed above, one of the more common crimes prosecuted beyond the borders of New York are crimes involving gambling. Of these gambling crimes, the felony of Promoting Gambling in the First Degree (NY PL 225.10) is one of the most typical. Generally, you are guilty of Promoting Gambling in the First Degree when you profit or knowingly advance from unlawful gambling activity. In addition to these elements, you must also be involved in bookmaking where you receive more than five bets valued in excess of $5,000 over the course of any given day. Not only is NY PL 225.10 a felony, but it is punishable by up to four years in state prison.

One of the issues that can arise in a large scheme involving gambling crimes is that even if you did not specifically accept or receive the necessary level of bets, you may be charged with acting in concert with others who did so. In other words, the woman who resided and worked in Florida can be charged as an accomplice for the crime committed in New York if her activities, intent and efforts assisted her "partner" in committing a gambling crime.

While there is not guaranteed means by which to best defend against a criminal charge of Promoting Gambling, sometimes the best defense is a good offense. It could be that the prosecution lacks direct or circumstantial evidence against you. It could be that a search of an apartment was illegal even though records where recovered there. Maybe the $5,000 cannot be properly established. Alternatively, your best defense may not be challenging the evidence if it is overwhelming, but mitigating your conduct. Obviously, this mitigation and the extent of its value in helping your case is something that you and your counsel will ascertain.

Utilizing the former defensive approach of mitigation, the criminal lawyers at Crotty Saland PC pursued a successful strategy as a defense to a New York felony gambling arrest. Our client, a lessee of a Manhattan apartment, was allegedly permitting illegal and unauthorized poker games to take place in her apartment. Even though she was a player in the alleged games, it was further alleged that she, acting in concert with others including dealers, accepted in excess of five bets and $5,000 a day in proceeds. Armed with search warrants, the New York City Police Department shut down the "crew." Although the sophistication and level of the scheme was a far cry from an offshore betting operation, our client was charged with felony Promoting Gambling in the First Degree as well as the misdemeanor crime of Possession of a Gambling Device (NY PL 225.30). In all, approximately a dozen people were arrested and charged with felonies and misdemeanors. Two unauthorized poker tables were shut down and proceeds were confiscated.

In face of a search warrant, an undercover police officer who posed as a "player," the fact that our client was the lessee of the apartment and that at the time of the arrest the defendants were alleged to have been engaged in playing poker, the decision was made not to push the case to trial, but to work out a favorable disposition. Without going into detail here, the criminal defense attorneys at Crotty Saland PC were able to convince the prosecutors to offer our client an alternative plea. That is, our client pleaded to the misdemeanor level crime of Promoting Gambling in the Second Degree, followed conditions of her plea and then returned to court. Upon doing so, the prosecution and court permitted our client to vacate her misdemeanor plea and then the District Attorneys Office moved for an adjournment in contemplation of dismissal (ACD). As a result,the case was both dismissed and sealed. Fortunately, our client, a business professional in the financial arena, was able to move forward with her life without a criminal record after being charged with a felony offense as part of an alleged illegal poker crew.

The above client's case result is by no way a guarantee of future case results, but is illustrative of how easily your conduct can be wrapped up into a felony scheme. You need not be involved in organized crime overseas or running an illegal sports book in New Jersey. The long arm of the law has the ability to grab and prosecute almost anywhere.

For a wealth of information on Promoting Gambling and gambling related crimes in New York, please review either the Crotty Saland PC website or the New York Criminal Lawyer Blog. Founded by two former Manhattan prosecutors, Crotty Saland PC is a New York criminal defense firm representing the accused throughout the New York City region.

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$32,000 "Criminal" Bank Error: Client Avoids Prosecution After New York Detective Seeks Arrest for Grand Larceny

May 8, 2011

The New York Grand Larceny lawyers and former Manhattan prosecutors at Crotty Saland PC are pleased to announced that our client avoided both arrest and prosecution for allegedly stealing approximately $32,000 from a bank. Detectives in a New York City suburb had sought out our client for arrest after bank officials learned our client accessed an account that she did not have permission to utilize. During a few month period, our client allegedly withdrew tens of thousands of dollars.

Although a detective asked our client to surrender for her arrest, we argued that a bank error, and not fraud or theft on our client's part, precipitated the alleged crime. In fact, we argued that her actions may not have been criminal. Specifically, the bank opened a sub-account under our client's main account in error. There was no accusation that our client fraudulently opened the account or was involved in opening the account in any manner. One of our New York criminal lawyers argued that our client believed this was a line of credit or an account which she had permission to access. Fortunately, after discussions with counsel for the bank and with the detective, the bank agreed to withdraw any charges of Grand Larceny once our client paid back the money that she withdrew. Not only did our client avoid an acknowledgment of wrongdoing and an arrest for a "D" felony (New York Penal Law 155.35), but she circumvented any issues with her career and employment. Our client had faced up to two and one third to seven years in prison if arrested and convicted.

While this case, like every other, is unique and the results here in no way guarantee similar results in future cases, it was certainly handled the proper way. Instead of continuing to argue the merits of the arrest and the likelihood prosecutors would prevail at trial, we found a way to avoid the time, cost and uncertainty of being thrown into the criminal justice system. Without admitting any type of guilt, our client paid back the monies withdrawn from the account. With money in hand and without the concern of their staff being cross examined as to the errors that resulted in the money being incorrectly deposited into our client's account, the bank "dropped" the charges.

For further reading on the crimes of Grand Larceny in New York, including Grand Larceny in the Third Degree, please follow the highlighted link. Information about Grand Larceny as well as legal rulings, cases in the news and other criminal statutes, is located on the New York Criminal Lawyer Blog.

The New York Grand Larceny Lawyers at Crotty Saland PC represent those accused of theft crimes throughout the New York City metropolitan area. Prior to starting the New York criminal defense firm, both founding partners served as prosecutors in the New York County (Manhattan) District Attorney's Office.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

Top Criminal Case Result: New York Criminal Lawyers Obtain Dismissal of Third Degree Assault (NY PL 120.00) in NYC Court

April 13, 2011

The New York criminal lawyers at Crotty Saland PC are pleased to announce the dismissal of all charges against a client in a New York County (Manhattan) Criminal Court. Our client had been arrested for and charged with Assault in the Third Degree (New York Penal Law 120.00), Endangering the Welfare of a Child (New York Penal Law 260.10) and Harassment in the Second Degree (New York Penal Law 240.26). Unquestionably, this dismissal was the best result our client could have hoped for.

Police arrested our client after the father of her child claimed she attacked him in a hospital room where the child was receiving medical treatment. Unfortunately, the child suffers from a serious physical issue. The complaint against our client alleged that she struck the "victim" with her closed fist and elbow in his face while also scratching his face and neck. Because the six month old child was in the hospital room at the time of the alleged altercation, our client was also charged with Endangering the Welfare of the Child.

From the onset of the case, the New York criminal defense attorneys at Crotty Saland PC aggressively denied the charges against our client in their entirety. We not only informed the District Attorney's Office that the complainant was trained in martial arts, but he had also left numerous voice messages on our client's mobile phone prior to the alleged incident. One of those messages stated in substance that our client would get what was coming to her. Although not directly relevant to the incident, we established through other records and evidence that our client was almost the exclusive care provider for their daughter. Prosecutors were willing to move for an adjournment in contemplation of dismissal (ACD) whereby the case would be dismissed in one year (this was a "domestic" case). After denying that offer, we asked for a trial. Not only was our client willing to testify that she never did what was alleged, we knew that the only "evidence" prosecutors had was the word, or lack thereof, of the complainant. This lack of strong evidence on the part of prosecutors and corroboration that the complainant had recently "threatened" and harassed our client through emails and phone calls, was convincing enough for prosecutors to move to dismiss the entire case against our client.

As always noted in each case result achieved by Crotty Saland PC, whether an allegation is violent or white collar in nature, each case is unique. How you decide to proceed in your specific case is something you should thoroughly vet with your own criminal attorney. A past result by one attorney in one case cannot guarantee a similar outcome in the future. Whether your defense is mitigation, challenging the admissible evidence, trial or some other approach, work with your attorney to put yourself in the best position possible.

For comprehensive information on the crimes of Assault and Endangering the Welfare of a Child as well as information on the violation of Harassment, please select the highlighted links above. Additional information on these and other crimes, as well as analysis of newsworthy cases and legal decisions, can be found through a search on the New York Criminal Lawyer Blog.

Founded by former Manhattan prosecutors who served in the New York County District Attorney's Office, Crotty Saland PC represents the accused throughout the New York City region.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

No Criminal Record: New York Criminal Lawyers Get Disorderly Conduct After Clients Charged with Burglary in the Second Degree (NY PL 140.25)

March 27, 2011

Sometimes prosecutors can be all "bark" and no "bite." In the case of two clients charged with Burglary in the Second Degree (New York Penal Law 140.25), this was precisely the situation. Prosecutors claimed that our clients committed the crime of Burglary in the Second Degree after they allegedly went to a neighbor's home, got into a physical altercation and broke out a window. If convicted, the clients each faced a minimum of 3.5 years and a maximum of 15 years in state prison. Despite the allegations, our clients adamantly denied going into the complainant's home, attacking the complainant or breaking a window in the home. In fact, one of our clients sustained a much more significant injury than the alleged victim and suffered a deep laceration requiring sutures as well as various other lacerations inconsistent with the breaking of window glass. Further investigation revealed that although they were present at the location of the incident, another person was initially arrested and released.

At arraignment, the New York criminal lawyers at Crotty Saland PC convinced the judge to release our clients. Upon their release, Crotty Saland PC argued with prosecutors over the merits of the case as well as the evidence. After some time, prosecutors offered an "A" misdemeanor and probation to each of our clients. They even claimed it was a "one time offer." Upon rejecting that offer because of the strong evidence in our clients' favor, prosecutors stated they would proceed on a felony and scheduled a date for a felony hearing.

As expected, on the date of the felony hearing, prosecutors reduced the case against our clients to the "A" misdemeanor previously offered. Then, prosecutors offered a lesser "B" misdemeanor. Upon rejecting the "B" misdemeanor (in this case it was our opinion that offering a misdemeanor where the top count was already a misdemeanor was not a real offer), we explained that we would demand a trial on the case unless a violation (not a crime) was offered. Upon consulting with a supervisor, the prosecutor returned and offered our clients the violation of Harassment in the Second Degree (New York Penal Law 240.26). This was rejected as this type of plea does not seal in the same manner as other violations and may be visible to those who might want information about our clients' past.

Ultimately, after negotiating further, prosecutors offered both of our clients a Disorderly Conduct (New York Penal Law 240.20). After discussing the evidence and probability of a complete acquittal of all charges at trial, our clients accepted the violation as opposed to risking a possible conviction on other charges. In the end, our clients avoided any criminal record, jail and probation.

Sometimes the best way a New York criminal lawyer can defend a client is to try to mitigate conduct by displaying the client's character and worthiness of an offer. Other times, when the evidence is more favorable, the approach may be exponentially more aggressive and confrontational. This may even include fighting the case through trial. Because no two cases are alike and the result in one case does not guarantee similar results in another, the defense you implement must be thoroughly vetted with your own legal counsel. Fortunately for these two particular clients, the best defense was identified and implemented to avoid a criminal record.

Comprehensive information on New York Burglary laws can be found through the respective links above. Additional information about the types of cases handled by Crotty Saland PC, as well as some case results, can be found on the respective link as well. Extensive information on various criminal statutes, cases in the news and criminal court decisions is also located on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com).

Crotty Saland PC, a New York law firm focused on representing clients in criminal investigations, arrests and trials, was founded by two former Manhattan prosecutors. The New York criminal lawyers at Crotty Saland PC represent the accused throughout the New York City region.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

New York Embezzlement Lawyers Get Top Result: Client Charged with $25,000 Grand Larceny Avoids Felony & Jail

December 23, 2010

Crotty Saland PC, a New York white collar criminal defense firm founded by two former Manhattan prosecutors, is pleased to announced a recent "victory" and "top result" on behalf of a client charged with Embezzlement Grand Larceny in the Third Degree (New York Penal Law 155.35) and Identity Theft in the First Degree (New York Penal Law 190.80). Our client, an accountant and former board member for a not-for-profit organization in New York City, faced up to seven years in prison on each charge after prosecutors alleged that he had opened up a line of credit in a board member's name. The District Attorney's Office further claimed that our client used the board member's information to maintain that line of credit. Ultimately, prosecutors concluded that our client funneled $25,000 from the bank for his own use.

Despite the allegations of Identity Theft as a means to perpetrate the Grand Larceny and Embezzlement, we successfully argued that the complainant had actually given our client the authority to open the account many years earlier even though the complainant initially denied this. Fortunately, we were able to find some corroboration to this defense. Ultimately, after a few months of wrangling, prosecutors agreed to dismiss the felony Identity Theft charge against our client and reduce the felony Grand Larceny charge to one misdemeanor count of Petit Larceny (the "shoplifting statute"). Although our client ultimately pleaded to the Petit Larceny in full satisfaction of all of the allegations against him, our client avoided the career ending and life altering collateral consequences of a felony conviction. Moreover, he did not have to make any restitution as part of his plea. Make no mistake. A misdemeanor is still a crime, but not as devastating as a felony with the associated maximum of seven years in state prison and restitution in the amount of $25,000.

For extensive information on Identity Theft, New York Grand Larceny, New York Embezzlement laws and crimes and case results, please follow the highlighted links. Additional information, including analysis of cases in the news, legal decisions and criminal statutes, is available on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com). A New York "related crime" Embezzlement primer can be found through the respective link as well.

Crotty Saland PC, a New York City based white collar criminal defense practice, represents individuals accused of white collar crimes throughout the NYC region. Crotty Saland PC was founded by two former Manhattan prosecutors and has obtained favorable results for our clients in white collar criminal allegations. Elizabeth Crotty served in the Trial Division and Investigation Division while Jeremy Saland served in the Trial Division as well as the Identity Theft Major Case Section.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

New York Criminal Defense Lawyers Get Another Top Result: Assault in the Third Degree (New York Penal Law 120.00) Dismissed

December 14, 2010

It is unquestionably the best outcome or as close as one can get. Crotty Saland PC, a Manhattan based criminal defense firm founded by two New York criminal defense attorneys and former Manhattan prosecutors, obtained a dismissal of all charges against a client accused of Assault in the Third Degree (New York Penal Law 120.00). Our client, a doctor, was alleged to have "pummeled" another man in a dog run after a dispute involving their dogs. The complainant had two alleged "witnesses," actually friends, who claimed they saw the entire incident. Although the complainant had no visible injuries (we requested picture numerous times to no avail) and was seen in fine health the following day by witnesses not tied to either party, the prosecution was bent on going forward. Compounding matters, the complainant's personal injury attorney called our client within days to see if our client wanted to settle to avoid a lawsuit (he received a resounding "no").

Fortunately, at least three or four independent witnesses (not friends with either party) saw the incident and asserted that our client never struck anyone. Despite providing these witnesses to the prosecution, the District Attorney's Office only offered a Harassment violation. Because our client did no wrong and the complainant saw him as a deep pocket for his lawsuit (not only did the "victim" fail to tell the prosecution he was suing, our investigation revealed this was not the first time he sued someone else or was involved in litigation), our client refused this offer.

As the case proceeded in its regular course, Crotty Saland PC filed motions to challenge the facial sufficiency of the Assault charges against our client as well as to challenge certain evidence. Although the prosecution dug their heals in an amateur fashion, we believed there were legal grounds for this dismissal...and we were right. Despite the prosecutions inability to see the real facts from independent witnesses and to have the courage to dismiss the case, the court found the legal basis for what we firmly believed should have been the outcome all along - the dismissal of the entire criminal case.

While each case is unique and Crotty Saland PC cannot guarantee future results based on this case, one thing is clear. The New York criminal defense lawyers at Crotty Saland PC strive to provide our clients with top results and will aggressively fight within the bounds of the law to do so.

For further information about Crotty Saland PC, please go to our website at new-york-lawyers.org. Additional information about Assault in the Third Degree and violent crimes can be found there as well or on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) where extensive information about the New York Penal Law, legal decision and newsworthy cases can be found.

The New York criminal lawyers at Crotty Saland PC represent clients in Manhattan, Brooklyn, Queens and throughout the rest of New York City and the region.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

Arrested for Possessing a Loaded Gun at JFK Airport (NY PL 265.03): New York Criminal Defense Lawyers Get Client Dismissal After Six Months

November 29, 2010

Crotty Saland PC, a New York criminal defense firm founded by two former Manhattan prosecutors, is pleased to announce our client received an Adjournment in Contemplation of Dismissal (ACD) after she was arrested for trying to check a firearm (gun, pistol, revolver, etc.) with a desk agent from JetBlue at New York's John F. Kennedy Airport in Queens. This offense, Criminal Possession of a Weapon in the Second Degree (New York Penal Law 265.03), is a "C" violent felony punishable by up to fifteen years in prison and carries a mandatory minimum of three and one half years in prison.

Despite what many people think, properly registering a firearm and obtaining a concealed weapon permit in their home state does not give them the authority to do so in New York. Compounding matters, even if the gun is "broken down" in a hard sided case with the ammunition in a side compartment, New York law is clear. In substance, if the firearm is capable of being loaded it is, as a matter of law, loaded. What you may perceive as an empty weapon is in fact loaded.

Fortunately for our client, Crotty Saland PC was able to mitigate the conduct, provide proof of ownership and convince the District Attorney's Office that punishing our client with a felony or misdemeanor would serve no greater purpose. Moreover, putting the young woman in jail or requiring probation would benefit no one. Ultimately, once the six month period is complete, our client can continue life without the blemish of any kind of record at all. Although this case, like every case, is unique and the results here cannot predict future results, this non-criminal resolution to a gun possession case follows a string of successes Crotty Saland PC has had in the recent past.

For further information on New York gun laws, New York weapon laws and the crime of Criminal Possession of a Weapon, please follow the highlighted links to the New York Criminal Possession of a Weapon information page. There you will find statutes as well as links to the New York Criminal Lawyer Blog where there is extensive information including legal decisions and newsworthy cases.

Crotty Saland PC is a New York criminal defense firm representing the accused throughout the New York City area. The founding partners both served as prosecutors in the Manhattan District Attorney's Office prior to becoming New York criminal defense attorneys.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

Top New York Criminal Defense Results: Client Arrested with Possessing Gun, Drugs and Driving with a Suspended License Avoids Criminal Record

November 3, 2010

Although it sounded horrific on paper, the New York criminal defense lawyers at Crotty Saland PC arguably obtained the best result for a client charged with Criminal Possession of a Weapon (a .380 handgun), Criminal Possession of a Controlled Substance (cocaine), Unlawful Possession of Marijuana and Driving with a Suspended License. Despite the allegations, our client pleaded to the violation of Disorderly Conduct. This disposition avoided not only a criminal record, but jail or probation.

Our client, a resident of North Carolina, came to New York to visit family. Unaware of the laws here, the client brought a legally registered firearm from his home state into New York. When he was pulled over for an alleged traffic infraction, the police also found some marijuana and cocaine on his person in an amount consistent with personal use. Compounding matters, our client was driving on a suspended license for old tickets he was unaware about.

After providing the District Attorney's Office with a significant amount of mitigating factors, including proof of the gun's legal North Carolina registration and ownership, the work and familial history of our client, and other directly relevant information, all parties came to an agreed upon disposition. Our client payed off his old summonses, forfeited the firearm and over the course of the year provided the District Attorney's Office with proof (clean urine readings) that he was not using any controlled substance. As a result, the District Attorney's Office permitted our client to enter a plea to Disorderly Conduct with the condition that he remains out of trouble for the next year.

On par with some of our recent successes, this case, like ever case, is unique and required a specifically tailored defense (prior results do not guarantee a future outcome). All things considered, our client obtained one of the best results in the face of these particular serious allegations. Fortunately, our client's ignorance about the gun laws in New York and possession of drugs for personal use did not destroy his career or future.

For extensive information on New York gun and weapon crimes as well as Criminal Possession of a Weapon, please follow the appropriate link. Moreover, further information on Criminal Possession of a Controlled Substance and New York drug crimes can be found on the respective link as well. The Crotty Saland PC website and New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) also has legal analysis, criminal statutes, recent case decisions and newsworthy cases as to these and other areas of criminal law.

The New York criminal defense lawyers at Crotty Saland PC represent the accused in allegations of weapon crimes throughout the New York City region. Before starting the criminal defense firm, both partners served as Assistant District Attorneys in the Manhattan District Attorney's Office.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

Client Avoids Felony Conviction & Jail After Arrested for Falsifying Business Records & Grand Larceny Embezzlement in Excess of $30K

October 20, 2010

The New York white collar criminal defense attorneys at Crotty Saland PC are pleased to announce that another client avoided both a felony conviction and incarceration after being charged with numerous felonies involving theft and fraud. Prosecutors had alleged that our client embezzled in excess of $32,000 from our client's employer. If convicted of the crimes of Grand Larceny in the Third Degree (NY PL 155.35) and Falsifying Business Records in the First Degree (NY PL 175.10), our client faced up to seven and four years in state prison respectively.

In this particular case, prosecutors alleged that our client siphoned cash payments directed to the employer and that our client entered false data or caused inaccurate data to be entered into the computer system of the business to cover up the alleged fraud. After negotiations and the presentation of other factors, prosecutors permitted our client to plea to a lesser misdemeanor of Petit Larceny (the "shoplifting statute") and receive a conditional discharge where the judge instructed our client to stay out of trouble for one year. Although our client admitted to some wrongdoing, he was not crippled by his past and he will avoid the collateral consequences and stigma of a felony conviction as well as incarceration.

As noted numerous times in entries throughout the New York Criminal Lawyer Blog, Crotty Saland PC has represented a significant amount of clients in investigations, arrests and indictments involving Grand Larceny, embezzlement and theft. Whether the cases have involved alleged fraud in the tens of thousands or millions of dollars, our New York white collar criminal defense attorneys strive to get the best results. Certainly, prior success does not guarantee a particular outcome on a new case, but Crotty Saland PC diligently pursues the best result for each and every client.

For extensive information on the crime of New York Grand Larceny (including definitions and statutes) or other New York white collar crimes, please follow the highlighted links or review the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com for recent legal decisions, cases in the news, and entries on the New York Penal Law.

Founded by two former Manhattan prosecutors, Crotty Saland PC is a New York criminal defense firm representing clients throughout New York City and the suburbs.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

Top White Collar Crime Case Result: New York White Collar Criminal Defense Firm Gets Client Misdemeanor & No Jail After Client Charged with Felony Grand Larceny Embezzlement

August 23, 2010

The New York white collar criminal defense attorneys at Crotty Saland PC are pleased to announce that after months of dedication and advocacy, a client accused of felony Grand Larceny embezzlement obtained a misdemeanor without jail or probation. Prosecutors had alleged that our client embezzled in excess of $25,000.00 by skimming and pocketing transactions from his employer either by overcharging transactions and pocketing the amount or by conducting transactions for cash. If convicted of Grand Larceny in the Third Degree , pursuant to New York Penal Law 155.30, our client faced up to seven years in state prison.

While each case is unique and requires its own legal and practical assessment, Crotty Saland PC has had tremendous success and results representing clients accused of felony fraud, thefts and embezzlements. In fact, our New York white collar criminal defense lawyers have represented numerous clients accused of "White Collar Light" crimes alleging Grand Larceny, Falsifying Business Records, Forgery or related crimes ranging from less than $10,000.00 to well north of $50,000.00. Even more significant than these crimes, the criminal defense attorneys at Crotty Saland PC have successfully avoided prosecution and kept clients from jail in more serious White Collar allegations of Tax Fraud and Grand Larceny in the multiple millions of dollars.

For further information on the varying degrees and types of Grand Larceny in New York as well as other New York White Collar Crimes, please follow the highlighted links on the specified crimes above. Additional information on these and other crimes as well as recent legal decisions and newsworthy cases can be found at Crotty Saland PC's New York Criminal Law Blog at NewYorkCriminalLawyerBlog.Com.

Crotty Saland PC is a New York White Collar criminal defense firm. Founded by two former Manhattan prosecutors, the New York white collar criminal defense attorneys at Crotty Saland PC always seek to obtain the best results for our clients and represent the accused throughout the New York City region.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

New York Criminal Defense Firm Gets Top Result: Client Charged with DWI and Driving Without a License Acquitted After Trial

July 27, 2010

The New York criminal defense attorneys at Crotty Saland PC are pleased to announced that our client was acquitted of all charges in Brooklyn Criminal Court after he had been initially charged with and accused of DWI / DUI pursuant to VTL 1192.3, DWAI, pursuant to VTL 1192.1 and Driving Without a License pursuant to VTL 509.

Our client was involved in an accident where an individual struck him from behind rendering his 2000 BMW inoperable. Our client waited on the scene until the police came and the other vehicle drove off. Although he only "blew" a .053 on the Intoxylizer 5000, and the police charged our client with the violation of VTL 1192.1, the Brooklyn District Attorney's Office bumped the charged to "Common Law DWI," a misdemeanor. Throughout the case, the DA's Office had been offering a violation of VTL 1192.1 which we argued was not an "offer," but merely the "worst case scenario" in that the DWI was not the proper charge (.08 is the legal limit unless prosecutors can establish other characteristics of being intoxicated), but an inflated offense in conflict with the facts of the case.

At trial, the arresting officer testified that he and the defendant pushed the inoperable vehicle across Flatbush Avenue. More specifically, crouched down shoulder to shoulder "huffing and puffing," the officer didn't notice the smell of alcohol on our client for 20 minutes. Moreover, at no time during the 20 minutes did our client stumble, slur his speech, trip, loose his balance or show any other indicia of intoxication. The officer was further cross examined to assert that his safety is paramount and if an individual was intoxicated the officer certainly would not have that person push a vehicle with him across Flatbush Avenue (the officer also could not recall who was steering the vehicle). Compounding matters, the officer admitted an error in his paperwork was done in a manner to facilitate that paperwork and although it was not accurate, it was done in a manner that was "easy" for him.

Ultimately, at the precinct, our client complied with the examinations offered by the police and it appeared that he successfully passed those exams despite the officer's testimony to the contrary. In fact, our client often stood perfectly straight with his arms behind his back. While the officer claimed he was "unsteady" because our client took more than the nine requested steps in one test, there court apparently agreed with us that he was steady.

Although, significantly less serious, the court also acquitted our client of driving without a license pursuant to VTL 509. In part, we argued on behalf of our client that the officer's testimony as to the Department of Motor Vehicle records and what they revealed was hearsay. Instead, a business record and or custodian of those records was required to establish this lack of a license. Again, apparently the court agreed.

While the above synopsis of this trial is extremely brief and barely touches on the facts of the case, the lesson is always clear. DWI is a serious offense that can destroy lives and one that can be avoided by taking responsible steps. There is no excuse to make a care a weapon. Having said that, whether you are honest, good or even an all around bad guy, you have rights. We all do. You should exercise those right and protect those rights vigorously. An accusation does not equate to guilt.

Representing clients charged with DWI throughout the New York City region, Crotty Saland PC is a New York trial and criminal defense firm founded by two former Manhattan prosecutors.

For further information on New York DWI laws and crimes, please review the DWI section of the Crotty Saland PC website or the DWI section of the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com).

Disclaimer - Prior Results Do Not Guarantee Similar Outcome

Charged with Felony Forgery & Forged Instrument Crimes, Accused Avoids Criminal Record and Pleads to Disorderly Conduct Violation

June 21, 2010

Although it took months of wrangling, the New York criminal defense attorneys at Crotty Saland PC are pleased that our client was able to avoid a criminal record after being arrested and charged with felony Forgery (New York Penal Law 170.10) and felony Criminal Possession of a Forged Instrument (New York Penal Law 170.25). Prosecutors had alleged that our client, an employee of doctor at a New York City Hospital, stole sheets of a prescription pad belonging to that physician and drafted a prescription for Oxycodone. This prescription was allegedly presented to a pharmacy where it was determined by staff that the doctor's signature did not match prior prescriptions. Additionally, staff at the pharmacy questioned the number of Oxycodone pills requested.

After advising the prosecution of the facts of the case, providing a "package" about the client and supplying other factors to law enforcement, the prosecution ultimately agreed to dismiss the felony counts and permit our client to plead guilty to Disorderly Conduct (a violation and not a crime). Currently a nursing student, our client will now be able to proceed with her career and without the scarlet letter of a criminal conviction.

For further information on New York Forgery, New York Criminal Possession of a Forged Instrument and New York Criminal Diversion of Prescription Medication, please follow the highlighted link. For further information on these and other areas of criminal law, legal decisions and newsworthy cases, please follow the link to the New York Criminal Lawyer Blog or go to the NewYorkCriminalLawyerBlog.Com.

Crotty Saland PC is a New York criminal defense firm. Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland PC have experience handling criminal investigations, arrests and trials from both sides of the law.

Disclaimer - Prior Results Do Not Guarantee Similar Outcome