Case Results

January 15, 2019

Menacing and Endangering the Welfare of the Child Dismissed by Prosecution on Merits

by Jeremy Saland

“Only the guilty hire defense attorneys.”

“If he was arrested, he clearly did something wrong.”

“Innocent people aren’t accused of crimes. Clearly, she’s guilty.”

Somewhat common refrains by those who have never had the misfortune of being accused of wrongdoing, whether fair or not, until you find yourself in handcuffs or before a judge it is quite easy to sit in judgment. However, when it is your name that is replaced by a docket number, the misconceptions you may have held will likely give way quite quickly. How are you going to get yourself out of this conundrum and who is the best attorney to protect your rights and bring your nightmare to a swift end? For a recent Saland Law PC client who found himself the subject of a wrongful arrest and prosecution, he took the right steps and debunked the myth as to why innocent people – or any accused for that matter – hire criminal defense lawyers.

November 6, 2018

160.59 Sealing Petition Results in “Public Expunging” of Client’s Firearm Conviction for Third Degree Weapon Possession

by Jeremy Saland

Can I have my firearm conviction sealed? Does New York Criminal Procedure Law 160.59 apply to weapon and gun crimes? The short answer to the above questions is “maybe.” Fortunately for a recent Saland Law PC client, the specific answer was “yes.” A complicated sealing application, after litigating an old 1980s conviction for New York Penal Law 265.02(1), Criminal Possession of a Weapon in the Third Degree, where the prosecution argued that the sentencing court incorrectly recorded the conviction as a non-violent offense, the presiding judge agreed with our lawyers’ motion to “expunge.” In substance, the District Attorney argued that the charges contained in the indictment were violent felonies and, as a result, the conviction was not an eligible offense pursuant to CPL 160.59(2)(a).

October 3, 2018

Sealing Criminal Records with NY CPL 160.59: Three Representative Results of New York’s “Second Chance” and “Expungement” Law

by Jeremy Saland

Since New York CPL 160.59 went into effect in 2017, many hard working and honest people have asked, “Can I seal my old criminal conviction or get it expunged?” Once they realize that they can, their asks routinely morph into, “How do I seal my criminal record?” While the process is not overly complicated to the untrained eye, attention to detail and the proper application of the law is critical. After all, you only get one bite out of the proverbial apple. Fortunately for clients who retained Saland Law PC to seal their respective misdemeanor and felony records, “can” and “how” are questions of the past. No longer haunted by past wrongdoing north of a decade old, their criminal convictions are sealed to the public, friends, and employers. From Forgery in the Second Degree to Attempted Sale of a Controlled Substance in the Third Degree, class D and C felonies, to lesser misdemeanor crimes, our New York conviction sealing lawyers are proud to provide closure to our clients’ shameful pasts and an end to the painful stigma they endured for years.

September 16, 2018

Student Misconduct Lawyers: NYC Student Avoids Adverse Finding in Title IX Misconduct Investigation and NYPD Closes Criminal Case without an Arrest

by Jeremy Saland

When, as a college student, you are accused of violating a Title IX policy or the Code of Conduct of your respective university, both your academic career and otherwise clean criminal record are often put in harm’s way. Whether or not you are arrested by the NYPD or local police department, accused of a crime or allegedly committed a form of sexual or gender-based misconduct or harassment, the consequences are quite real even if your case never reaches a technical disciplinary hearing. What is not real, however, is that every claim of wrongdoing is true and accurate. While the legal standard employed by Title IX Coordinators, the Dean of Students, or any administrative body at a New York City or New York State college or university is a preponderance of the evidence – quite lower than the criminal threshold of proof beyond a reasonable doubt and devoid of the due process rights we all take for granted – that does not mean you cannot successfully challenge a complaint. In fact, having successfully represented student accusers and the accused in college Title IX, Student Misconduct Hearings, Disciplinary Hearings and other infractions at universities such as NYU, Fordham, CUNY, SUNY Binghamton, Columbia and others, Saland Law PC’s Title IX counsel recognize there are strategic avenues to pursue should you find yourself on either side of the law. In fact, a recent and successful resolution of multiple alleged Title IX violations against a student at a large New York City university is a testament to the advocacy of Saland Law PC’s Title IX attorneys.

August 21, 2018

New York City DWI and Aggravated Unlicensed Operation of a Vehicle Dismissed on Merits: Client’s Spousal Wrath Curtailed

by Jeremy Saland

The New York vehicular crime lawyers and DUI attorneys at Saland Law PC are pleased to share the recent dismissal of all criminal charges against a client accused of DWI and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree. Within the four corners of the criminal court complaint, our client faced serious offenses and, if convicted, a mandatory license suspension, installation of an ignition interlock device in the vehicle, fines and, a permanent criminal record. Although prosecutors made multiple non-criminal offers, our attorneys repeatedly advised the client to reject the non-criminal “deals” presented by the District Attorney’s Office. At bottom, although we disputed whether our client was legally intoxicated (there was a refusal to “blow” in the portable breath test device – PBT – as well as in the Intoxilyzer), we argued that the client did not violate the spirit of nor the elements the New York Vehicle and Traffic Law.

July 1, 2018

NYC Stalking Arrest Ends in Acquittal After Trial: Client Exonerated and Cleared of New York Penal Law 120.45

by Jeremy Saland

In the age of #Metoo, an important movement long time coming, there can be unforeseen consequences when vigorously supporting gender-based misconduct without stepping back to thoroughly examine an accusation. Simply, allegations that lack sufficient corroboration or answers to reasoned questions should hold no more water than those in other contexts. As much as we want to believe any assertion of wrongdoing is legitimate, sometimes such claims are subjectively “right” because a complainant perceives it as such or they are completely fictitious. Regardless, whatever the case may be, a critical analysis of the evidence and facts tells quite a different story. For a recent client of the New York criminal lawyers and former Manhattan prosecutors at Saland Law PC, such a scenario played out in a New York City Criminal Courts. After being contacted by the NYPD, our client self-surrendered for his arrest and prosecution by the District Attorney where the latter charged him with, among other offenses, Stalking in the Fourth Degree, New York Penal Law 120.45. Fortunately, and thanks to the skill, diligence and advocacy of Saland Law PC, a judge acquitted our client of all charges after trial.

June 12, 2018

Client Wrongfully Arrested for Fourth Degree Criminal Mischief Acquitted After Criminal Court Trial

by Jeremy Saland

The overwhelming number of criminal cases in New York never reach the point of trial. Whether the arrest is in New York City or the Hudson Valley, as cases wind their respective way through the criminal justice system, the District Attorney, judges and criminal defense lawyers address issues ranging from the legality of the original search and the strength of evidence to sufficiency of complaints and mitigating factors. Those criminal cases that are not resolved by a plea, reduction of charges or dismissal ultimately find themselves before a judge or jury for trial. For a recent client of Saland Law PC’s criminal lawyers, our client found herself charged with Fourth Degree Criminal Mischief, New York Penal Law 145.00. The allegations stemmed from a fictitious claim by our client’s ex-husband and his current girlfriend, with whom he had an ongoing affair, that our client approached the girlfriend’s home and smashed a window in the center of a door.

April 16, 2018

University Graduate Charged with Felony Computer Crimes and Burglary at Former College Offered Opportunity for Non-Criminal Disposition

by Jeremy Saland

When you are accused of and arrested for a crime or crimes you did not commit, fear can give way to paralysis. Whether you are charged in a New York City Criminal Court with felonies due to a misunderstanding that is based in false presumptions, or even if there is some truth but not full accuracy to each offense drafted in your felony complaint, you and your criminal lawyer have significant work ahead. Remaining frozen with fear is not a viable option.

Yes, you may have made a mistake and technically broken the law, but when all the facts are examined and evidence reviewed, the gravity of the allegations may not ultimately match the charges you face. Finding him/herself in a similar predicament, a recent Saland Law PC client had no choice but to “push back” in a thoughtful and respectful manner against such a felony complaint. Relying on both a legal sufficiency and mitigation defense, our client never lost sight of her/his exposure even if the the charged crimes were in part based on a wrongdoing unsupported by the evidence from a prosecutorial discretion perspective. After being charged with numerous crimes including Third Degree Burglary, Criminal Possession of Computer Related Materials, Computer Trespass and other crimes for allegedly accessing university computers and downloading certain materials, prosecutors agreed to offer a disposition that will ultimately give our client the opportunity to end the criminal case without a criminal criminal conviction dirtying his otherwise pristine criminal record.

April 12, 2018

Burglary and Attempted Assault Charges Dismissed: Felony Arrest Results in Disorderly Conduct

by Jeremy Saland

You’re were drunk at a bar. Maybe it was just a bit more than one bourbon, on scotch and one beer. What spirits you imbibed and the exact amount is fairly irrelevant. What matters, however, is that after your were told to leave you did so, but came back angry, red faced and as violent as were sloppy. Instead of holding your liquor like a man or woman, you behaved as if it was your first rodeo and whatever muscles and fighting experience you had (or didn’t have), you morphed into a half 1980s Arnold Schwarzenegger and half modern day UFC brawler. There is little doubt your hangover was epic, but not necessarily from the actual alcohol. When your dry mouth and throbbing head gave way to the realization you had marks on your wrists from being handcuffed and the floor you slept on was not in fact your bed, the reality of what occurred the night before began to set. Unfortunately for a Saland Law PC client, while the reality of the circumstances and arrest were far less graceful than the poetic story line shared here, the substance of the incident was quite similar. Initially charged with Third Degree Burglary, New York Penal Law 140.20, and Attempted Third Degree Assault, New York Penal Law 110/120.00(1), a bad night at a bar became a dark future of uncertainty in the New York criminal justice system.

February 2, 2018

NYC Arrest for Second Degree Assault and Second Degree Strangulation Ends in Dismissal of All Domestic Violence Charges in Court

by Jeremy Saland

Accused of strangling and slamming the complainant’s head into a radiator during a domestic violence dispute, a recent Saland Law PC client faced up to seven years in prison after being arrested for and charged with Second Degree Assault, New York Penal Law 120.05, and Second Degree Strangulation, New York Penal Law 121.12. Quite serious felony crimes in New York, the criminal lawyers and former Manhattan prosecutors at Saland Law PC had their hands full. Our client, who maintained his/her innocence, refuted the objectively serious allegations from the onset of his/her arrest. Hauled into an NYPD precinct, questioned by detectives and both booked and arraigned on these two felonies, the District Attorney’s Office asserted in the felony complaint that not only did our client strangle the complainant until he/she lost consciousness, but our client repeatedly slammed the complainant’s head into a radiator in the neighborhood of fifteen time, gouged at the alleged victim’s eyes and punched him/her in the nose. Not only did the complainant black out twice, but our client also allegedly brandished scissors while threatening to kill his/her domestic partner. Facing a minimum of two years in prison and a maximum of seven years incarcerated if convicted of either PL 120.05 or PL 121.12, the New York domestic violence attorneys at Saland Law PC expected the worst at arraignment, but what seemed to be an objectively horrific incident if true, slowly evolved into a case that was far from what it seemed.