Years ago, when a detective or police officer signed off on a criminal court or misdemeanor complaint alleging misdemeanor drug or marijuana possession, PL 220.03 and PL 221.10 respectively, the law mandated that an Assistant District Attorney also secure a laboratory analysis or field test of the substance to proceed…
Its the same two nights every year throughout New York State. Mischief Night followed by the main event, Halloween. For preteens in costumes of all shapes and sizes, Halloween is about trick-or-treating and scarfing down way too much candy. For parents of little boys and girls, it is about dressing…
Challenging the legal or facial sufficiency of a complaint against an accused is a common if not routine motion made by criminal defense lawyers. When a prosecutor proceeds on a complaint it becomes was is termed an information. The information must be legally sufficient to provide for the elements of…
Although I couldn’t tell you the exact number, there are millions of people who come to New York City – its boroughs of Manhattan, Queens, Bronx and Brooklyn (technically Kings County) – on any given day. Whether they are commuters, tourists or here solely for a brief business stay, some…
It almost seems as if every day we read in the papers or see in the news that a person used a firearm to kill innocent victims. Simply, such acts are horrendous and deplorable. Law enforcement should be commended for their efforts to protect all of us. With this in…
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…
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…
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…
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…
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.…