Articles Posted in Case Results

Whether you are at the Electric Zoo Festival on New York’s Randall Island, rolling with Phish at Manhattan’s Madison Square Garden, or you are merely out and about in New York City, Westchester County, Rockland County, or anywhere in the State, if you possess or sell MDMA, Molly or Ecstasy you potentially face an arrest for either a misdemeanor or felony crime. As your criminal lawyer will explain, mere possession of Ecstasy, even one pill, violates New York Penal Law 220.03, Seventh Degree Criminal Possession of a Controlled Substance. Depending on the quantity in your possession and whether you have the subjective intent to sell the Ecstasy, you could also face felony crimes including Third Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.16. Complicating matters, when you actually sell Molly, MDMA or Ecstasy in New York, the crime you face is by default a felony. Assuming the weight of the controlled substance is less than one gram, meaning just one pill, then you would be charged with New York Penal Law 220.31, Fifth Degree Criminal Sale of a Controlled Substance. If the weight of the Ecstasy, MDMA or Molly exceeds one gram, then the applicable arrest charge is New York Penal Law 220.39 assuming this sale did not occur on school grounds. This crime is Third Degree Criminal Sale of a Controlled Substance. When the weights exceed those here and as outlined in the New York Penal Law, the criminal offenses for criminal possession or sale are significantly more serious.

Because of the above exposure, any arrest, whether by Desk Appearance Ticket or felony complaint, requires immediate and professional attention. Sometimes, investigation and advocacy from the onset of an arrest can provide tremendous benefits as the matter makes its way through the criminal justice system. Fortunately for three recent clients of Saland Law PC, despite their arrests for selling Molly to undercover police officers at the Electric Zoo, they took immediate action to retain a criminal lawyer and fight their respective arrests for PL 220.31 head on as they worked their way towards an ultimate dismissal on the merits.

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Its very easy to assume the worst about people. Its equally easy to stand in judgement of someone you do not know. After all, if they have done something wrong they are guilty and should be punished accordingly. However, that is not the reality of the world. There is a sea of grey between the two islands of black and white. There are human factors, life experiences and even mental health issues that impact how we conduct ourselves. Sometimes, even the good do bad. It could be you. Your sibling. Your child.

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People often ask how as a former prosecutor I can now defend people who committed crimes or are guilty of criminal conduct. While I do have the advantage of representing whomever I choose and sending a client to seek a criminal lawyer elsewhere, there are few things in life that are so black and white. Simply, even good, honest and kind people make mistakes that are criminal. Otherwise hardworking people make poor decisions at a moment in their lives that are clearly wrong, but not indicative of the person they are or can become. For that matter, and arguably of greatest import, a criminal defense attorney should not be the first person to tell you that an accusation is nothing more than an accusation. Whether exaggerated or simply untrue, history proves that we all have a presumption of innocence for a reason that prosecutors must overcome by proof beyond a reasonable doubt.

Fortunately for an army veteran who served our country in combat overseas, Saland Law PC poked enough holes and mitigated enough alleged conduct to knock down an arrest for Third Degree Grand Larceny, New York Penal Law 155.35, to a Disorderly Conduct non-criminal violation.

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Not every criminal lawyer in New York is an Extortion lawyer or Blackmail attorney. You can be well versed in the New York Penal Law, but not be familiar or have experience with the numerous subsections and theories of a Grand Larceny Extortion case. Fortunately for a Saland Law PC client, knowledge, experience and advocacy paid off in what on its face appeared to be a clear-cut violation of New York Penal Law 155.30(6) and other crimes.

After a night of consuming alcohol, our client was alleged to have demanded thousands of dollar from a fellow reveler encountered the night before. More than a mere inconsequential meeting, our client woke in the bed of this man having no recollection of coming home with him. Upon learning that the two had intercourse, our client became extremely alarmed and insisted any sex was without consent. While it was likely indisputable that our client lacked the ability to consent, our client allegedly made a grave mistake and demanded multiple thousands of dollars from the man or our client would report the crime to the NYPD. Ultimately cutting our client a check, our client left and only reported the incident after the check did not clear. At the same time, the man filed a complaint for Extortion.

Despite having top training and experience in what is the most stressful of life situations and the respect of his friends, neighbors and nation as a veteran of the armed forces, nothing prepared a recent Saland Law PC client for the overwhelming fear and concern that resulted from an arrest at New York’s JFK Airport after he tried to check a lawfully owned firearm. Yes, our client followed the TSA’s guidelines prior to arriving at the airport to fly to Colorado where a new job awaited the following morning. Yes, our client made sure the firearm was stored away in a hard sided and locked cases consistent with the airline’s regulations. No, he was not remotely prepared for what would happen next.

A criminal and violent person our client was not, but instead a regular person, no different than you or me, exercising what he believed was his Second Amendment rights to possess a firearm licensed in another state. Unfortunately, despite his far from nefarious intentions, an arrest by the Port Authority Police Department and prosecution by the Queens County District Attorney’s Office was the last thing our client expected when his biggest concern to date on a flight was whether he should book an isle or window seat or have pretzels or chips with his Coke. Not a commentary on the state of firearm laws, the NRA, or Congress’ plan to allow conceal carry permits to cross state lines, this blog entry addresses how good people can unintentionally run afoul of the law and the efforts necessary to protect their good name, liberty and future.

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Advocating effectively is not as easy as it seems. Understanding the criminal justice system in a practical sense takes experience. Doing your homework on your client’s criminal case to put him or her in the best position to resolve that case favorably takes diligence. The end result, however, can be well worth all the work for both the accused and the criminal defense attorney who secured justice. In fact, for a few recent Saland Law PC clients, what were originally nightmarish experiences ended in closed cases, non-criminal dispositions and outright dismissals.

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Many people believe that if you need a top criminal defense attorney, or any for that matter, you are clearly guilty of something. Whether that belief is misguided is fairly irrelevant, of course, until it is you who needs a criminal defense lawyer. That said, there are very few things in life as debilitating and emotionally destructive as being accused of a crime you did not commit. Maybe you did something morally wrong or maybe you did nothing improper at all, but law enforcement, such as the NYPD and the District Attorney, or a complainant incorrectly interpreted your acts or intent. Yes, where there is smoke there is often fire, but life teaches us that this is by no means a given truth.

You, the accused, have rights and the prosecution must prove their case beyond a reasonable doubt. Their failure or inability to do so means your case should be dismissed. For a recent Saland Law PC client employed in the banking and financial sector, a dismissal of all charges, including felony Third Degree Grand Larceny, is just how the criminal case ended not merely because our client was innocent, but due to advocacy of those same criminal defense attorneys many of us believe only represent the guilty.

Sometimes people make bad mistakes. Really bad mistakes. When youth is mixed with alcohol and testosterone is running through one’s veins, there is a often a toxic mix that can end in disaster. Unfortunately, a recent client who retained the New York criminal lawyers at Saland Law PC learned this the hard way after the NYPD arrested our client in Manhattan charging our client with Second Degree Assault, New York Penal Law 120.05, and other crimes. Our client, a recent college graduate, got into a confrontation with anther person at a NYC bar and allegedly attempted to smash a glass mug on the person’s head or face, but instead the glass was alleged to have bounced and shattered on the face of a nearby person. As a result, the unintended victim whom our client was alleged to have struck suffered significant injuries to his jaw structure and bone as well as numerous stitches to close the wound from the broken glass. Hauled off to court and arraigned before a judge on two separate counts of Second Degree Assault under the theory that a dangerous instruments was used to cause a physical injury and that it was our client’s actual intent to cause a serious physical injury, our client faced a potential indelible felony conviction and as much as seven years in a New York State prison. As unfortunate as those circumstances may have objectively been, the New York criminal defense attorneys and former prosecutors at Saland Law PC were able to secure not merely a downward departure from a felony to a misdemeanor, but our client was ultimately sentenced to a Disorderly Conduct, New York Penal Law 240.20. In the end, our client did not sustain a criminal record.

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blackmaol-300x208At first she demands a few hundred or even a couple of thousands of dollars. Maybe he tells you he just needs some money because of an emergency, but you know what’s coming. You’re not naive. You can see the writing on the wall. Blackmail. Extortion. Coercion. Harassment. You say to yourself, “I am being blackmailed. I am being extorted. Do I hire an attorney to get my blackmailer to stop? Is there any alternative to stop an extorter other than the police? How do I best keep all of this a secret and not expose my affair, drug use, business fraud or other wrongdoing whether it is my victimizer is telling the truth or concocting a completely bogus story?” While each situation demands a different analysis as to the pros and cons of protecting yourself through the assistance of law enforcement or an attorney and private investigator, the moment you have handed over even one dollar to your blackmailer, he or she has committed the felony of Grand Larceny Extortion. That crime, Fourth Degree Grand Larceny, New York Penal Law 155.30(6), is a class “E” felony with a potential sentence of up to four years in prison. If your extorter threatens violence and some physical injury or to damage your property, the offense jumps to a class “C” felony of Second Degree Grand Larceny, New York Penal Law 155.40(2). Again, irrespective of the amount actually secured from you or the nature of the property, this offense is punishable by as much as fifteen years in prison.

As important as it is to know the consequences of your victimizer’s actions, it does not answer the question as to what you should do. Do nothing and hope that it will stop? File a complaint with the police? Hire an attorney to stop your extorter in his or her tracks? While the first of these options is not much of an option at all, the New York Daily News’ story on Saland Law’s PC’s “Busting Blackmailers” puts one option front and center.

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Who is going to believe me? Why would the police or a prosecutor take my side if a teacher claims that I assaulted her? Making matters worse, why would the District Attorney’s Office take my word over my teacher’s where she claims I caused her some degree of injury? After all, why would a teacher make up a story or exaggerate an incident that ended up with me being arrested and charged with a felony of Second Degree Assault? Am I going to go to prison on a “D” violent felony where my exposure on a conviction for New York Penal Law 120.05 is up to seven years in prison? What defense can my criminal defense lawyer establish if there were little or no witnesses? Does it come down to a defense of “he said she said?”

While the above questions may only be a fraction of those racing through your mind after you have been arrested and charged with felony crime in New York, when all is said and done your goal is an obvious one. If you are not guilty, then you are pursuing all of the legal avenues possible to resolve the arrest and case in non-criminal way. Fortunately for a client of the New York criminal defense lawyers at Saland Law PC, while we were able to secure an outright dismissal, the removal of an order of protection, and the ability of our client to return to the school should our client and our client’s family believe this was best for the child’s future.

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