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Articles Posted in Desk Appearance Ticket

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NY Drug Arrests, Brokers-Dealers and Investment Advisers: FINRA, Form U4 and New York Penal Law Article 220 Arrests

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,…

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New York Crimes Involving the Possession and Sale of Molly, Ecstasy or MDMA: NY PL Article 220 Arrests and What it Means to You

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…

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Is it too Ambiguous for an Arrest or Conviction: The Standard for Second Degree Aggravated Harassment Complaints

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…

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Understanding Your NYC Desk Appearance Ticket or DAT: Top Offense Charged

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…

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Obstructing Governmental Administration: Is Blocking Traffic During a Criminal Investigation Sufficient to Establish NY PL 195.05

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…

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True Threats and No Legitimate Purpose: Establishing the Elements of an Aggravated Harassment Crime, NY PL 240.30

Second Degree Aggravated Harassment, New York Penal Law 240.30, is one of the most widely charge crimes that often teeters between a violent and non violent offense. Not only are the alleged threats made in an NY PL 240.30 investigation relevant down to the exact words used and the context…

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Marijuana Crimes: Can the Police Merely Allege a Public Location or Public View without Giving More Detail as to the Location of an Incident

Not necessarily relevant to every criminal offense found in the New York Penal Law, many arrests and crimes stem from what the police see in public or plain view. Whether officers with the NYPD or other local police agency stop your car and see a knife inside the vehicle from…

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New York PL 265.01 & Switchblades: Conclusory Language by a Police Officer May not Sustain a Criminal Court Complaint

Per se crimes are dangerous offenses in New York. These crimes, and the arrests that result, are based not on malicious or intentional violations of the law, but often on otherwise harmless and ignorant actions. One of the most common strict liability and per se crime in the New York…

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New York PL 220.03: How the Police & Prosecutors can Establish Constructive Possession When Drugs or other Contraband is Not on Your Person

Whether you are arrested for allegedly possessing a drug such as heroin or cocaine, a weapon including a gravity knife or firearm, or some marijuana, the contraband the police claim you possessed may not have been on your person. That is, you are being charged with PL 220.03 (drug possession),…

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Revenge Porn in New York: Aggravated Harassment, Dissemination of an Unlawful Surveillance Image or any other Crime?

“Revenge Porn” has entered the vernacular of every day New Yorkers and it appears as if it is here to stay. With the proliferation of social media, Revenge Porn, and the pictures or videos that it consists of, reeks havoc on the people who are reflected or portrayed in the…

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