Articles Posted in Case Results

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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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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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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There are few worse things than being accused of a crime you did not commit. It really does not matter if you arrested for Aggravated Harassment, Assault, Criminal Possession of Stolen Property or any other offense. Arguably it is worse to spend a night in Central Booking than it is to be given a Desk Appearance Ticket in New York, but at the end of the day if you are arrested and prosecuted for something you did not do, then no matter the circumstances it is miserable experience. The above scenario recently played out for a client of Crotty Saland PC arrested for possessing cocaine in Manhattan. After the police arrested our client and prosecutors charged him with PL 220.03, Seventh Degree Criminal Possession of a Controlled Substance, our client had the “good fortune” of being given a DAT. From there, things went from bad to worse before the New York criminal lawyers at Crotty Saland PC secured an an outright dismissal for our client.

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I don’t think anyone would disagree. There are consequences for breaking the law. Just don’t do it. That said, all of us make mistakes. Good people commit crimes. No, not the most vicious and amoral offenses, but some of the lesser crimes that can still be life altering to the accused. This could not be more true than in situations where a foreign national attending college or a university to complete his or her studies at an American school is arrested in New York for what otherwise is a fairly small offense. In such situations, a $100 shoplift arrest in Queens, a Desk Appearance Ticket for possessing marijuana in Manhattan or even a dispute with a cab driver that ends in an arrest for Theft of Services in Brooklyn can all have major implications for an immigrant and foreign national in the United States. In fact, it is possible, and clients have come to the New York criminal lawyers at Crotty Saland PC dealing with this exact issue, that as a result of the mere arrest, their F1 or H1B visa is revoked. One such Crotty Saland PC client found himself in this predicament only days ago. Fortunately, the New York criminal defense attorneys at Crotty Saland PC rectified the situation in a timely manner to allow this client to secure the proper visa and legal status and return to the United States to continues his education.

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Not every person learns, behaves, engages, or speaks in the same way. That which makes us different also makes us special. Sometimes our differences are slight while other times they are greater. Sometimes we behave in a certain way while other times it is beyond our control. It is in the context of these latter folks – those who may not always conform to the “norm” due to mental health issues – that this blog entry applies.

The New York criminal lawyers at Crotty Saland PC are beyond pleased to share the best criminal defense results we could have achieved for a young person suffering from, among other things, severe anxiety and mental health issues. Charged with Trespassing, Criminal Possession of a Controlled Substance in the Seventh Degree and Unlawful Possession of Marijuana, our criminal attorneys succeeded in securing our client’s release only to this young person get rearrested immediately upon getting out of jail for striking a parent in the presence of the NYPD.  This second offense, resulting from sever anxiety while in custody, charged Third Degree Assault and commenced an entirely new case. Despite the allegations and law enforcement witness, prosecutors listened to our passionate arguments and recognized that there could be mitigating reasons why our client acted in this particular way in relation to both cases. The District Attorney’s Office agreed to dismiss the Third Degree Assault case outright and adjourn the underlying drug case for dismissal in six months. No criminal conviction. No plea of guilty. Nothing.

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I am not a free lawyer, but that does not mean I do not handle pro bono work or represent individuals who do not have the means to retain an experienced New York criminal lawyer. Simply, everyone needs and should be entitled to quality representation by an attorney especially in the context of a life altering arrest. After meeting with a woman who was unquestionably the victim of domestic violence in both criminal and “merely” mentally abusive form, Crotty Saland PC took her case in New York City Criminal Court. Despite the public lawyer assigned to her case advising that she had a difficult path ahead, our client maintained her innocence in the face of charges including Third Degree Assault (NY PL 120.00) and Second Degree Aggravated Harassment (NY PL 240.30). While it was unlikely she would see any jail time even though the law allows up to one year in prison, any finding of wrongdoing or assertion that she assaulted and harassed her partner was unacceptable. Fortunately, through diligence, time and effort, Crotty Saland PC secured a complete dismissal of all charges.

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Criminal lawyers or not, we can all argue and address the intentions and practical applications of the Second Amendment. Further, there are many of us who would agree that an AR-15 is not a reasonable weapon to have in your home or for hunting. That said, most weapon and gun crimes in New York are not of the assault rifle variety and tied to a complex Second Amendment issue. Each and every illegal firearm case prosecuted in New York may share certain traits, such as the potential for violating Second Degree Criminal Possession of a Firearm, but they are all far from the same. In the eyes of the law, however, while facts may be different, whether you possessed a revolver with the serial numbers scratched off, a glock in an ankle holster you purchased in cash from a guy you met on the street, or you are a licensed firearm owner visiting New York from Alabama, Texas, Ohio, Florida or another state, pistol, gun and weapon crimes pursuant to New York Penal 265.03 are offenses that carry a minimum of 3.5 year in prison upon conviction. Make no mistake. New York means business when it comes to illegal firearm possession and on its face an arrest for PL 265.03 is one of the most serious offenses in the New York criminal code. While everyone is entitled to a defense, police must follow proper procedure and prosecutors maintain the burden of proof, if you are an otherwise legal firearm owner arrested for a felony relating to that weapon, ensuring that you are not lumped into the same category as blatant abusers of the law who may possesses their guns for malicious purposes is critical. In the arena of a firearm arrest at JFK Airport or LaGuardia Airport in New York City’s Queens County, this could not be more true.

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It is painfully clear that New York State does a poor job in communicating to residents of neighboring states that merely because they legally own or possess their firearm  – handgun, revolver, pistol – at home, when that same firearm is brought to New York it is a crime. Not just any crime, when the weapon is loaded with the ammunition and bullets capable of being fired from the gun (they need not be physically in it), the offense in New York is a class “C” violent felony. How do I know this as a criminal defense attorney in New York who represents clients arrested at LaGuardia or JFK Airport for New York Penal Law 265.03? I know this because I routinely am asked by  defendants, “I was arrested for having a loaded gun in New York at the airport, but I legally own it and I followed the TSA guidelines. What did I do wrong and what is a violent felony and mandatory prison?”

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“Hate” is a relative term in this context, but its fairly reasonable to assert the NYPD (or any police department), District Attorneys and local, city and Supreme Court criminal judges hate Identity Theft. Its not such a great leap for a New York Identity Theft attorney, an accused or a bail bondsman to make. What is there to like about it? It costs New York City, New York State and the United States, both privately and governmentally, hundreds of millions or billions of dollars? And no, merely because you are accused of a New York Identity Theft crime amounting to merely a few hundred or a few thousand dollars will not give you a pass. To that end, one recent Crotty Saland PC client is likely ecstatic that multiple stupid mistake did not land the client in prison for a minimum of two to four years. Not only was this client arrested in Brooklyn (Kings County) and facing indictment for multiple counts of Second Degree Identity Theft (New York Penal Law 190.79), Second Degree Forgery (New York Penal Law 170.10) and a handful of misdemeanors including Petit Larceny (New York Penal Law 155.25), Fifth Degree Criminal Possession of Stolen Property (New York Penal Law 165.40) and Third Degree Identity Theft (New York Penal Law 190.78), but this client was previously convicted of Third Degree Grand Larceny (New York Penal Law 155.35) thirteen months earlier in Manhattan (New York County). While the New York criminal lawyers and Identity Theft attorneys at Crotty Saland PC did not represent the client on prior the felony conviction, due to this conviction any new felony plea would require a minimum of two to four years in prison and a potential maximum of three and one half to seven years in prison. Due to the diligence and advocacy of Crotty Saland PC, the crash and burn finality as mandated by law upon a conviction was completely avoided.

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