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Articles Posted in Desk Appearance Ticket

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Public Health Law (PHL) 3380 & Penal Law (PL) 270.05: Nitrous Oxide Arrests & Prosecutions in New York City

So, you were arrested at the Phish concert outside New York’s Madison Square Garden after NYPD police officers grabbed you with a balloon allegedly filled with nitrous oxide. Maybe you did not even have a balloon in your hand, but were simply next to the nitrous tank when the police…

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The LaGuardia and JFK Penal Law Article 265 “No Fly List”: From Batons and Brass Knuckles to Switchblades and Firearms

When Queens criminal lawyers think of the “no fly list”, they very well might think of something other than individuals the government doesn’t want in or around an airplane or airport, whether JK, LaGuardia, or elsewhere. Instead of a list consisting of people, criminal defense attorneys have a different list…

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New York Ghost Gun Crimes: Penal Law 265.01(9) & Related Criminal Possession of a Weapon Felonies

Even before New York codified its “ghost gun” specific crime through Penal Law 265.01(9), any criminal lawyer, prosecutor, or judge would likely tell you that New York State had, and has, some of the strictest firearm laws on the books. In fact, possessing an unlicensed and loaded firearm outside your…

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Understanding New York’s Protesting, Looting and Curfew Crimes: Potential Charges and Punishment

What can I be arrested for if I violate curfew in NYC? What can the NYPD charge me with if I am caught unlawfully entering a store through a broken window? Is it a felony or misdemeanor to burn a vehicle or damage a building? By no means covering all…

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When Possessing a Knife isn’t a Crime: Fourth Degree Criminal Possession of a Weapon and Utilitarian Objects with Non-Criminal Uses

If George Orwell’s satirical theory of equality in “Animal Farm” applied to the New York Penal Law, then all knives would be created equal even if certain knives were more equal than others. Fortunately, as any criminal lawyer knows, the Penal Law does not allow for such untenable situations where…

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Understanding Menacing Crimes: When “Unrelated” Threats and Actions Violate the Law

While the law is clear and known to criminal lawyers practicing throughout the New York City region, when one thinks of menacing behavior one often thinks of threats with words, body, weapons or some combination of the three. Despite what those outside the legal profession may think, the Penal Law…

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New York Penal Law 120.14: Understanding the “Physical Menace” Element of a New York Menacing Arrest

Menacing in the Third Degree, New York Penal Law 120.15, is a B misdemeanor in New York punishable by up to 90 days in jail. “Menacing” refers to a crime in which a person intentionally places another person in fear for their physical safety by “physical menace.” The question then…

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Arrests for NY PL 260.10: Can Arguing and Pushing Parents Violate Endangering the Welfare of a Child

More than most crimes in New York, Endangering the Welfare of a Child, New York Penal Law 260.10, is a nebulous and vague charge that leaves a great deal of discretion and interpretation in the hands of the prosecutor and the judge. The most commonly invoked section of the Endangering…

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Focus Pills, Orange Pills, White Zans and Study Aids for Sale: Craigslist Crimes from the Sale of Dog Food and Berries to Superman and Roxis

I’m looking to buy some Percs, Zanz, Blue Bus or White Girl Study Buddies. Where can I get some Blue Bars, Oxy or something more “exciting” like Ski, Tina or M30? Whether you want to buy or sell Ritalin, Adderall, Xanax, Heroin, Cocaine, Suboxone, Ecstasy, Percocet, Crystal Meth, or just about…

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Why You Need an Attorney for a NYC Desk Appearance Ticket: From Immigration and Minimizing Collateral Consequences to Avoiding Warrants and Criminal Convictions

A routine and common sentiment heard by New York City Desk Appearance lawyers is that an appearance ticket, aka, DAT, is not a big deal. After all, a DAT is not an arrest and misdemeanor crimes don’t stay on the record, right (wrong!)? So, why worry? Why would you retain…

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