Articles Posted in Desk Appearance Ticket

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Just as different facts and evidence can result in different arrests, charges and outcomes, different courts can analyze similarly charged cases and reach different conclusions as to legal sufficiency. In the realm of fake identification cases in New York, this could not be more accurate. Very briefly, you are guilty of Criminal Possession of a Forged Instrument in the Third Degree, New York Penal Law 170.20, if you know that the instrument you possess is fake and fraudulent, it is fake and fraudulent and that you possess it with the intent to deceive another (review PL 170.20 for the actually legal language). The lowest of the Criminal Possession of a Forged Instrument crimes, PL 170.20 is nonetheless a misdemeanor that is both punishable by as much as one year in jail and is not expunged from your criminal record upon conviction. That is correct. Having a fake ID or drivers license whether its to buy beer or something much more serious such as possessing a fraudulent passport, the crime is at minimum a misdemeanor and can be prosecuted as a felony Second Degree Criminal Possession of a Forged Instrument.

An issue that often pops up in arrests for fake IDs, drivers licenses and passports, is how the prosecution can prove each of these elements beyond a reasonable doubt from the knowledge to the intent to deceive another person where the acts or statements by themselves do not reflect this knowledge or intent. In a recent blog entry I addressed People v. Hightower where the court concluded that by the nature of the particular fake military ID that had the defendant’s picture and depicted a computer chip instead of an actual one, the People satisfied their burden in establishing the defendant’s knowledge and intent to deceive another. Why else would one have such an identification? Fortunately, however, not all “hope” is lost. A similar case and decision ended up on the other side of the issue in finding that a fake international drivers license by itself did not satisfy the legally sufficient threshold.

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A fake identification is grounds for arrest whether you’re a college student at Columbia or NYU, a high school kid visiting New York City or you are a foreign national in need of some form of ID to work. Simply, there is nothing found in New York Penal Law 170.20 or New York Penal Law 170.25 that mandates an evil intent to perpetrate a terroristic or immigration fraud crime. While prosecutors in a respective District Attorney’s Office and the NYPD or local police department may pursue a criminal case however they deem fit, as a preliminary matter whenever you have a fake passport or drivers license the crime technically is a class D felony pursuant to PL 170.25. As such, a conviction not only allows for up to two and one third to seven years in prison, but a felony conviction is life altering. Fortunately (relatively speaking), in the scenario of a young man or woman who may have that ID for the purpose of going to a club or bar, as opposed to some other nefarious reason, the crime is often prosecuted through a Desk Appearance Ticket in New York City whereby the accused must return at a later date to face arraignment with their criminal lawyer on the charge of PL 170.20, a misdemeanor.

Putting aside whether a Criminal Possession of a Forged Instrument arrest is prosecuted as a felony for a second degree crime or as a misdemeanor for a third degree offense, what are the elements that must first be established with probable cause and ultimately beyond a reasonable doubt? Following the language of the misdemeanor PL 170.20 that is the baseline of these crimes prior to any felony enhancements, the language is as follows: You are guilty of Third Degree Criminal Possession of a Forged Instrument when you have knowledge that it is forged and you have the intent to defraud, deceive or injury another person, you possess or utter that particular forged instrument.

This blog entry will further analyze the crime of PL 170.20 in the context of a fake identification and the thresholds that much be reached by the District Attorney’s Office to secure a conviction.

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Most arrests involving Criminal Possession of a Weapon in the Fourth Degree, New York Penal Law 265.01, likely involve subsection one of this crime. This offense, PL 265.01(1) is the strict liability crime. That is, if you knowingly possess any weapon and it is of the type identified in this subsection – the most common is a gravity knife or switchblade knife, but others are set forth – then you are guilty of a class “A” misdemeanor. Distinct from subsection one, but an equally serious misdemeanor crime punishable by one year in jail, Fourth Degree Criminal Possession of a Weapon, PL 265.01(2), involves the possession of any weapon or dangerous instrument with the intent to use it unlawfully against another person. So, if your possession is not automatically a crime due to the nature of the weapon and the law requires that you have the intent to use it unlawfully against another person, how do the police establish a violation of PL 265.01(2)? More importantly, even with probably cause to arrest, how do prosecutors in the Manhattan District Attorney’s Office, Queens District Attorney’s Office, Brooklyn District Attorney’s Office or any other office throughout New York City and the State prove such a case beyond a reasonable doubt? This blog entry addresses the issue in conjunction with a recent and relevant criminal court decision.

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Some times the best legal advice a criminal lawyer can give is not legal advice at all. In fact, it can be more parental than lawyer-like. Unfortunately, just as we don’t always listen to our parents we don’t always listen to our criminal defense attorneys either. With that little life lesson behind us, try listening to this. The best way to avoid an arrest or conviction for a New York Stalking crime, whether or not it is one of the two misdemeanor Stalking offenses of Stalking in the Fourth Degree (New York Penal Law 120.45) or Stalking in the Third Degree (New York Penal Law 120.50), is to steer clear of following, threatening or harassing other people. Sounds easy enough, right? Well, maybe it is and maybe it isn’t, but what if you are arrested for merely following a person without any allegations of physical or verbal threats? Is that sufficient grounds for the prosecution to sustain a viable complaint for Fourth Degree Stalking, NY PL 120.45? The following blog entry will address this very question.

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Heroin. Cocaine. Ecstasy. Adderall. Molly. MDMA. New York’s list is long and vast. If you possess certain drugs, narcotics and controlled substances (including certain prescription drugs that you are not prescribed by a doctor), you can face a wide variety of crimes found in New York Penal Law Article 220. Even if you did not have the intent to sell those drugs (New York Penal Law 220.16(1) or New York Penal Law 220.06(1)) or actually sell the drugs (New York Penal Law 220.39(1) or New York Penal Law 220.31), possession for personal use is still a crime. New York Penal Law 220.03, Seventh Degree Criminal Possession of a Controlled Substance, is the catch all “personal use” offense in New York State whereby the police and the District Attorney can charge you with a misdemeanor punishable by up to a year in jail for possessing small amounts of a controlled substance.

In the above scenarios, whether you find yourself arrested and hauled into Manhattan Central Booking or are given a NYC Desk Appearance Ticket in Brooklyn, the law actually permits an officer with the NYPD to claim the substance in your possession is a narcotic or controlled substance without ever testing the substance to confirm its an illegal drug. That is right, if the officer can examine the white powder, pill or anything else and claim his experience and training tells him it is a drug, then at the preliminary stage he has just bought you at least a temporary rap sheet, arrest, criminal complaint and date with the court for an arraignment on PL 220.03. The question posed in this blog is whether the same can be said for amounts that are significantly smaller and not so clear to the eye.

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While nobody is asserting that financial services professionals, investment advisers, registered representatives or others regulated by the Financial Industry Regulatory Authority (FINRA) are more prone to using, selling or possessing drugs, the reality is that an arrest in New York City or elsewhere for possession of cocaine, heroin, molly, MDMA, or even some prescription drugs can have dire consequences. Sale of these drugs (there need not be money exchanged) can magnify an arrest to a felony regardless of the amount. Simply, if you have a Series 3, Series 6, Series 7, Series 10, Series 11, Series 63, Series 65, Series 66, Series 79, Series 86 or any other securities license, your exposure is more than merely what you will face in a courtroom. Even when you close out your case there may be far reaching implications to your career. Although this blog entry will address the potential crimes and touch on the U4 reporting requirements, in no way is this article a substitute for a consultation with and the retention of a NY criminal defense attorney or criminal defense lawyer. Instead, the content contained here should solely be used as a launch pad to put yourself in the right place and to ask the right questions from your own counsel.

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What is Molly? Why do the police arrest you in New York for even the smallest amount? Why do prosecutors care if you have some drugs for “personal use”? Is the Manhattan District Attorney’s Office, or for that matter any District Attorney’s Office in New York City or a neighboring county, going to waste time and money prosecuting a first time offender for simple drug possession? Simply, the answer to this last question is “yes” and the answers to the prior questions should be equally clear. Whether you are given a Desk Appearance Ticket or you find yourself locked up waiting overnight to see a judge in criminal court the following morning, possession or sale of Molly, MDMA and Ecstasy is without a doubt a serious crime in New York. Certainly, possession of a one or two tablets or capsules recovered from your car or your pocket at a concert or club is a not as serious as having ten, twenty or thirty pills of Molly, but both are crimes. Likewise, possession of a couple tablets of Ecstasy is no where nearly as significant criminally when compared to the sale of even a single capsule of MDMA. The latter is a felony out of the gate. There is no passing “Go”. You are going directly to jail.

So, what are the crimes in New York that one will face upon arrest for possessing or selling MDMA, Molly or Ecstasy? Will you merely get a slap on the wrist? Can a misdemeanor or felony “stick”? Are there any consequences beyond your criminal exposure?

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In New York State, especially in New York City, arrests for Second Degree Aggravated Harassment, New York Penal Law 240.30, are fairly routine. Routine doesn’t mean the crimes are taken lightly by the NYPD or the District Attorney of Manhattan, Brooklyn, Queens or the Bronx. In fact, it is quite the opposite. Whenever there are threats of violence the NYPD will make the arrest and often let prosecutors figure out later what to do with the case. That is not to say the NYPD is not diligent, but all branches of law enforcement are overly cautious and seemingly would rather make an arrest that is later challenged or voided, then leave a threat of violence alone that ultimately festers into an actual act of violence. This line of thinking by law enforcement begs the following question. What is the legal standard that must be crossed for a threat to rise to the level of a valid arrest and prosecution? The following helps answer this question.

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Although not a firm rule, New York City Desk Appearance Tickets (commonly called a DAT or Appearance Ticket) are generally issued to individuals who have little or no prior arrest history and are charge with misdemeanor crimes. These crimes include many serious offenses – Criminal Possession of  a Weapon in the Fourth Degree (NY PL 265.01), Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03), Petit Larceny (NY PL 155.25), Criminal Possession of Stolen Property in the Fifth Degree (165.40), Assault in the Third Degree (NY PL 120.00) – and are punishable by as long as one year in jail upon conviction. Even if you never step into Central Booking or Rikers Island, a conviction for shoplifting, possession of cocaine, having a gravity knife or getting into a drunken fistfight can and likely will adversely impact your career, professional licensing or immigration status. Although there are numerous blog entries and extensive content on the CrottySaland.Com website that address these crimes, this entry will address what “Top Offense Charged” means and how it may impact your case.

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Sometimes with good cause and other times without, the NYPD charges individuals with violating New York Penal Law 195.05, Obstructing Governmental Administration. In fact, during my years as a Manhattan prosecutor and currently as a New York criminal defense lawyer, I have seen and currently see both police and Assistant District Attorney’s charge PL 195.05 where the law is interpreted either way too broadly or it is confused with other offenses such as Resisting Arrest. An “A” misdemeanor punishable by as much as one year in a local county jail such as Rikers Island, “OGA” is not a crime that should be taken lightly. Not only is incarceration an ugly thing, but the hint or accusation of criminal conduct can have significant collateral consequences even if an accused never steps on foot in jail. Due to the above reasons, this blog entry will address the crime of Obstructing Governmental Administration and a recent NYC court decision from the Queens Criminal Court review the offense.

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