My case was dismissed in New York criminal court. Does that mean the record is expunged? I received an Adjournment in Contemplation of Dismissal (ACD), is that also considered an actual dismissal? What happens to my criminal record? What about my fingerprints? Even though I was charged with a crime, how do I get my record wiped clean and my fingerprints out of the system and destroyed?

The above questions are all reasonable questions that are often asked to New York criminal lawyers, but not always answered in the most simple way. In fact, there are multiple answers to these questions and issues. Whether you were initially charged with and arrested for a felony Grand Larceny in the Second Degree, a misdemeanor Assault in the Third Degree, issued a Desk Appearance Ticket in Manhattan or you were indicted in Brooklyn, there really is no engagement in New York State. That’s correct. Other states may have a process to expunge criminal convictions, but New York is not one of them. There is, however, a means by which you – a person accused of a crime and later exonerated, found not guilty, acquitted or merely the rightful recipient of a dismissal – can clean up the records of your arrest including those related to fingerprints so that your personal and professional exposure of a criminal past does not exist.

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Although not exclusive to drug and marijuana crimes, otherwise fairly simple offenses such as Seventh Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.03, and Fifth Degree Criminal Possession of Marihuana, New York Penal Law 221.10, are often complicated when the police not only arrest a person for possessing heroin, molly, MDMA, adderall, oxy, cocaine, ecstasy, marijuana or any other drug, but also charge that person with an additional crime when he or she attempts to hide or dispose it before the police can get their respective hands on controlled substance. In these circumstances the NYPD or other local police department often charges the accused not only with the PL 220.03 or PL 221.10, for example, but also with either Tampering with Physical Evidence or Attempted Tampering with Physical Evidence, a class “E” felony and class “A” misdemeanor respectively. While the latter offense, New York Penal Law 215.40, is punishable by as much as four years in prison, an attempt to commit the same crime is “only” punishable by up to one year in jail.

Because both the police and prosecutors often charge a variation of PL 215.40 whether by Desk Appearance Ticket or Central Booking processing, a charge of Tampering with Physical Evidence is far from atypical. However, an arrest and charge does not automatically equate to proof beyond a reasonable doubt if at all. This blog entry will address the fairly common scenario where an accused merely throws to the ground, drops or discards the physical evidence in question and whether that rises to the level of either a completed or attempted Tampering with Physical Evidence crime.

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You are waiting in line at JFK or LaGuardia to check your bags and return home to Texas, Florida, Ohio, Arizona, Nevada, Georgia or any other state in the Union. Thinking nothing of it, you declare your firearm to the Delta, JetBlue, American or other airline agent. Not alarmed in the slightest, the agent tells you to wait…and you do just that. Shortly thereafter, police officers with the Port Authority Police Department approach you. Now becoming slightly more alarmed, if you are reading this blog entry you know exactly what happens next.

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Don’t shoplift or don’t get caught may be the best advice anyone – criminal lawyer or not – can give to someone who plans on shoplifting or even wants that angel on his or her shoulder when that spur of the moment pang kicks in. While the former is a far better choice, the reality of the world is that many people do shoplift and countless numbers of those people get arrested and prosecuted for crimes. Whether you are a foreign national with an H-1B or an F-1 visa, a financial services provider regulated by FINRA, an accountant, lawyer, teacher, nurse, bartender, construction worker, student or stay-at-home-mom, the charges you will likely face are the same. Certainly, destroying merchandise by tearing off security devices, changing tags, or being part of a larger crew may impact the ultimate charges you face or tenacity of the District Attorney’s Office in pursuing those charges, but assuming the value of the items stolen is $1,000 or less then the two likely crimes are Petit Larceny, NY PL 155.25, and Fifth Degree Criminal Possession of Stolen Property, NY PL 165.40. This blog entry will address these potential shoplifting offenses and arrests at both The Westchester and Galleria Mall in White Plains, New York.

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I have drafted many blog entries and as a New York criminal defense lawyer represented many clients accused of violating New York Penal Law 265.01, Fourth Degree Criminal Possession of a Weapon. Usually the crime involves either a resident of New York or someone visiting from outside New York City who is unfamiliar with the strict standards of New York crimes involving knives. The law is superficially clear in its application even if it is not known to most New Yorkers. NY PL 265.01(1) codifies the class “A” misdemeanor of knowingly possessing a knife that is either a gravity knife or a switchblade knife. No, this entry will not dwell on the often overreaching impact the crime has on people who use gravity knives at work, purchased them at hardware stores or Amazon.Com, or have no criminal history and completely lacked any nefarious intent. Instead, this entry will review the less common charge of NY PL 265.01(2).

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The Palisades Mall in West Nyack, Rockland County, is one of the area’s premier shopping centers. But having high end stores selling expensive merchandise does lend itself to a fair share of problems. Yes, the costs of some items may be prohibitive, but the bigger issues is when someone decides that while at the Palisades Mall they are going to shoplift and steal from The Home Depot, Modell’s, Gap, Staples, DSW or any of its dozens of stores. Depending on the nature of the theft, and remember you do not need to leave the store or the mall itself to be arrested for shoplifting, and the value of the property you attempt to steal, an accused shoplifter can face either misdemeanor or felony charges. These crimes range from Petit Larceny to Grand Larceny as well as the “sister” crimes of Criminal Possession of Stolen Property. This blog entry will address shoplifting Crimes in Rockland’s County’s Palisades Mall, prosecution for these crimes in Clarkstown Justice Court and the potential offenses that can land an alleged shoplifter ultimately in Rockland County Court.

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There are few worse things than being accused of a crime you did not commit. Even more upsetting is if the crime you are arrested for in New York involves an accusation of Domestic Violence, Assault and Child Endangerment. Sadly, when marriages go south and divorces get nasty, criminal lawyers see the ugly side of false claims, unnecessary arrests and orders of protections that are used not because they are genuinely needed, but one spouse wants to manipulate the system for his or her own gain.

Unfortunately for a recent client of the New York criminal lawyer at Crotty Saland PC, the above scenario played out where her spouse accused her of Third Degree Assault, NY PL 120.00, in front of their children. Not only was she charged with PL 120.00, but because the children were allegedly present she was also arrested for Endangering the Welfare of a Child, NY PL 260.10. Compounding matters well beyond these two class “A” misdemeanors, the court issued an order of protection in favor of her husband and children despite the fact that although unknown to the District Attorney’s Office at the time, the complainant fabricated the incident.

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Irrespective of whether you live in Yonkers, White Plains, Bedford, Mt. Kisco, Irvington, Somers, Scarsdale, Harrison or any other city, town, village or hamlet in the County of Westchester, if you desire an order of protection and you do not wish to pursue that restraining order through an arrest and prosecution by the Westchester County District Attorney’s Office, then depending on the nature of the relationship between you and the person you seek protection from, Westchester County Family Court is the answer. Westchester County orders of protection and restraining orders are available in Family Court under limited circumstances, but if you and the other party are family members or have an intimate relationship and the acts committed by that person violate the Family Court Act, a Family Court lawyer or Order of Protection attorney can potentially secure a restraining order for you with a duration as long as two and even five years. It is critically important to recognize, and something you should discuss with your Westchester County Restraining Order lawyer, that obtaining an order of protection in Family Court does not prevent you from pursuing criminal charges with your local police or the Westchester County Police.

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The names and places may be interchangeable, but the questions regarding how to get a Family Court order of protection or restraining order in Rockland County, New York all come down to the same thing. I need a restraining order against my ex-husband in New City, what is a petition? Where do I get a restraining order against a former girlfriend if I live in Nyack? I moved from Orangeburg to Nanuet, how do I get either a restraining order or an order of protection if I still reside in Rockland County, but my ex-boyfriend lives in Westchester County?

Assuming you reside in Rockland County or incidents transpired in Rockland County that violate the New York State Family Court Act (generally certain crimes found in the New York Penal Law), a victim of certain otherwise criminal acts can file a petition in Rockland Family Court requesting that a Family Court Judge issue a temporary order of protection in your favor and against a family member. These family members can include a current or former spouse, boyfriend or other person with whom you have had an intimate relationship. Additionally, the other party can be of the same sex, a cousin or parent as well as any other immediate relation.

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Black jack is fun. At least, I enjoy it…in Las Vegas. Some people like to play poker. Others simply put money – big and small dollars – on NFL, NHL, NBA and MLB games. Toss in college sports, there is no shortage of gambling opportunities. While some jurisdictions allow or permit gambling, others simply do not. In New York State there are many criminal statutes in the New York Penal Law that are both felonies and misdemeanors. Simply, New York State regulates, enforces and prosecutes illegal gambling. Vegas New, York City is not.  One of the offenses prosecuted by local District Attorneys is Second Degree Promoting Gambling, New York Penal Law 225.05. This class “A” misdemeanor is punishable by as much as one year in jail. A person is guilty of PL 225.05 if he or she knowingly advances or profits from an unlawful gambling activity. What makes this crime a felony of First Degree Promoting Gambling, New York Penal Law 225.10, is that the accused either engages in bookmaking by accepting at least six bets with a total value in excess of $5,000.00 in one day or receives money or written records from another person who is not a player who’s playing or chances are reflected by these records or monies or this person receives more than five hundred dollars of money being played in any given day. A long run on type sentence? Maybe, but that is the law in the State of New York that you and your criminal defense attorney will face when or if you are charged with Either First or Second Degree Promoting Gambling. For the purpose of clarity so you can better understand the crime or crimes, this blog entry will address what it means to advance from an unlawful gambling activity.

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