In most negotiated guilty pleas throughout New York City’s Criminal and Supreme Courts, as well as town, village and County Courts throughout Rockland, Westchester and the Hudson Valley, defendants are expected to waive their right to appeal their conviction and sentence. From one point of view, this makes sense. After all, if a defendant and his or her attorney have negotiated a plea deal that they are happy with, why would the defendant turn around and try to unwind what transpired with an appeal to the Appellate Division or Appellate Term. One simple answer is that people change their minds, which is typically not a reason to vacate a guilty plea. However, that change of mind often goes hand in hand with new information or guidance from some other source – information that the defendant’s counsel and/or the sentencing court failed to provide to the defendant when they made the decision to plead guilty. Depending on the nature and importance of that missing information, the voluntariness and intelligence of a guilty plea can be called into question. Despite this, when defendants are routinely expected to waive their right to appeal as part of the plea deal, this often forecloses any otherwise available avenue of vacating that uninformed or underinformed plea.
Can I have my firearm conviction sealed? Does New York Criminal Procedure Law 160.59 apply to weapon and gun crimes? The short answer to the above questions is “maybe.” Fortunately for a recent Crotty Saland PC client, the specific answer was “yes.” A complicated sealing application, after litigating an old 1980s conviction for New York Penal Law 265.02(1), Criminal Possession of a Weapon in the Third Degree, where the prosecution argued that the sentencing court incorrectly recorded the conviction as a non-violent offense, the presiding judge agreed with our lawyers’ motion to “expunge.” In substance, the District Attorney argued that the charges contained in the indictment were violent felonies and, as a result, the conviction was not an eligible offense pursuant to CPL 160.59(2)(a).
What is the penalty for Assault? How much jail time can you get for Assault? For that matter, what is an Assault charge? Whether you are arrested for violating New York Penal Law section 120.00, 120.05 or 120.10, every conviction will leave you permanently tarnished with a misdemeanor or felony criminal record. Make no mistake. When you find yourself before a Manhattan Criminal Court Judge, Brooklyn Supreme Court Judge, a White Plains City Court Judge or a Justice Court Judge in North Castle, Scarsdale, Nyack, Brewster or anywhere in the Hudson Valley, there is much on the line. The following answers to some fairly basic questions can provide you with the foundation you need to work with your criminal attorney and best ensure your defense is the right one to minimize your exposure.
It is a crime to use a computer without permission? The short answer is “depends.” if a person uses your computer without authorization he or she is potentially committing a crime. Of course, that statement needs clarification on many levels. First, must permission be express and is permission to use a computer carte blanche authorization to access anything and everything therein? Second, what the heck is a “computer” as it relates to the New York Penal Law? The answer to these questions and more is either codified in New York Penal Law Article 156 or the case law that interprets the criminal code. The following blog generally addresses the above questions and can serve as guidance for further discussion with a computer crime attorney.
Since New York CPL 160.59 went into effect in 2017, many hard working and honest people have asked, “Can I seal my old criminal conviction or get it expunged?” Once they realize that they can, their asks routinely morph into, “How do I seal my criminal record?” While the process is not overly complicated to the untrained eye, attention to detail and the proper application of the law is critical. After all, you only get one bite out of the proverbial apple. Fortunately for clients who retained Crotty Saland PC to seal their respective misdemeanor and felony records, “can” and “how” are questions of the past. No longer haunted by past wrongdoing north of a decade old, their criminal convictions are sealed to the public, friends, and employers. From Forgery in the Second Degree to Attempted Sale of a Controlled Substance in the Third Degree, class D and C felonies, to lesser misdemeanor crimes, our New York conviction sealing lawyers are proud to provide closure to our clients’ shameful pasts and an end to the painful stigma they endured for years.
Even though RICO crimes are not prosecuted by the New York State Attorney General or by one of the many District Attorneys such as those in the boroughs of New York City, organized crimes does not get a pass in the State of New York. While large-scale schemes, whether they involve crews or organizations, routinely involve allegations of Money Laundering, Criminal Tax Fraud, Grand Larceny and other offenses, the underlying acts and how they violate the law are not always the central component of these prosecutions. Instead, even if the crime or crimes committed don’t amount to a more serious felony, law enforcement in New York has a weapon in its enforcement arsenal that exposes an accused to significant incarceration post-indictment. This New York version of RICO is Enterprise Corruption, New York Penal Law 460.20.
When, as a college student, you are accused of violating a Title IX policy or the Code of Conduct of your respective university, both your academic career and otherwise clean criminal record are often put in harm’s way. Whether or not you are arrested by the NYPD or local police department, accused of a crime or allegedly committed a form of sexual or gender-based misconduct or harassment, the consequences are quite real even if your case never reaches a technical disciplinary hearing. What is not real, however, is that every claim of wrongdoing is true and accurate. While the legal standard employed by Title IX Coordinators, the Dean of Students, or any administrative body at a New York City or New York State college or university is a preponderance of the evidence – quite lower than the criminal threshold of proof beyond a reasonable doubt and devoid of the due process rights we all take for granted – that does not mean you cannot successfully challenge a complaint. In fact, having successfully represented student accusers and the accused in college Title IX, Student Misconduct Hearings, Disciplinary Hearings and other infractions at universities such as NYU, Fordham, CUNY, SUNY Binghamton, Columbia and others, Crotty Saland PC’s Title IX counsel recognize there are strategic avenues to pursue should you find yourself on either side of the law. In fact, a recent and successful resolution of multiple alleged Title IX violations against a student at a large New York City university is a testament to the advocacy of Crotty Saland PC’s Title IX attorneys.
The terms are somewhat interchangeable and, for that matter, if you are a crime victim it is relatively inconsequential how the New York Penal Law defines a particular offense. After all, your goal is clear. How do I prevent my tormentor from harassing and threatening me whether its online or offline? Although the questions are many – do I want to file a criminal complaint, petition for and get an Order of Protection in Family Court, hire a lawyer to shut down my blackmailer to keep it out of the public eye – as long your abuser committed some criminal act, you have avenues to protect yourself in or out of New York’s criminal justice system. While the links below addresses your remedies and the means by which you can stop a perpetrator of Revenge Porn, Sextortion, Cyber Harassment, Online and Offline Stalking, Extortion, Coercion and Blackmail, this blog entry is more limited in its scope. That is, what is the difference between Blackmail, Extortion and Coercion?
The New York vehicular crime lawyers and DUI attorneys at Crotty Saland PC are pleased to share the recent dismissal of all criminal charges against a client accused of DWI and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree. Within the four corners of the criminal court complaint, our client faced serious offenses and, if convicted, a mandatory license suspension, installation of an ignition interlock device in the vehicle, fines and, a permanent criminal record. Although prosecutors made multiple non-criminal offers, our attorneys repeatedly advised the client to reject the non-criminal “deals” presented by the District Attorney’s Office. At bottom, although we disputed whether our client was legally intoxicated (there was a refusal to “blow” in the portable breath test device – PBT – as well as in the Intoxilyzer), we argued that the client did not violate the spirit of nor the elements the New York Vehicle and Traffic Law.
How do I get an Order of Protection in New York? Do I have to go to the police, such as the NYPD, to apply for a Restraining Order? What are the steps and whatever they may be, am I eligible for a Stay Away Order? All reasonable questions, the answer to whether you are entitled to an Oder of Protection (“entitled” may or may not be the correct word in this context) and whether a judge will issue one depends on many factors. Before briefly addressing the answer to your questions in this blog entry, and discussing further with your attorney should you determine you are a candidate for a Restraining Order in New York, keep the following in mind. A Restraining Order, Stay Away Order and Order of Protection are different names for the same order issued by a court. No matter what you call this mechanism to protect you from another person, in the State and City of New York, there are generally two avenues to secure an Order of Protection. A Criminal Court Judge can issue a Restraining Order after the arrest and during the arraignment of a criminal defendant and Family Court Judge can issue an order in a civil proceeding pursuant to the New York State Family Court Act Article 8.