Articles Posted in Criminal Defense

Whether you are accused of a “street crime” in New York such as Assault or Criminal Sale of a Controlled Substance (selling drugs) or, in the alternative, you are accused of a White Collar crime such as Money Laundering or Grand Larceny, there are certain defenses specifically outlined in the Penal Law that you need to review with an experienced criminal defense attorney such as the former Manhattan prosecutors at Saland Law PC. One of those “affirmative” defenses is Entrapment.

According to Penal Law Section 40.05 – Entrapment – “it is an affirmative defense that the defendant engaged in the proscribed conduct because he was induced or encouraged to do so by a public servant, or by a person acting in cooperation with a public servant, seeking to obtain evidence against him for purpose of criminal prosecution, and when the methods used to obtain such evidence were such as to create a substantial risk that the offense would be committed by a person not otherwise disposed to commit it. Inducement or encouragement to commit an offense means active inducement or encouragement. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.”

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New York criminal defense attorneys are constantly dealing with law enforcement as they continue expanding their arsenal of tools to investigate and prosecute crimes. Whether it be for drug and narcotic sales or forgery and theft related offenses, law enforcement is utilizing these growing number of tools. One example of that technology is the GPS device. GPS devices have given law enforcement another means to track and locate targets and defendants. The question that has been raised, however, is whether or not a GPS device can be placed on a vehicle without first getting a warrant?

Although the Court of Appeals, New York State’s highest court, has not yet given a definitive answer on the issue, the Appellate Division, 3rd Department recently did. In People v. Weaver, decided this past June, law enforcement placed a GPS device on a target’s van who was believed to be involved in numerous burglaries. This particular GPS devices was battery operated, placed under the vehicle’s bumper and attached while the vehicle was parked in a public location.

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Any NY criminal defense attorney can explain very simply the power of DNA in tying suspects to crimes. Unfortunately for a recently arrested Brooklyn man, it does not appear that anyone ever explained this to him. According to the Brooklyn (Kings County) District Attorney’s Office, the Grand Jury indicted Erick Clements about a week ago for Attempted Assault in the First Degree, Attempted Assault in the Second Degree, Attempted Robbery in the First Degree and Attempted Arson in the Second Degree. It is alleged that Mr. Clements “attempted [to] assault…a subway token clerk by trying to light him and his booth on fire during an attempted robbery.” This incident occurred back in November of 2007.

Regardless of the accusation, the Brooklyn District Attorney’s Office still must prove the case beyond a reasonable doubt. While that proposition might be easier at certain times than other times, in Mr. Clements’ case, the District Attorney’s Office is armed with very powerful evidence. That evidence is DNA.

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You should not have to rely solely on your New York criminal defense attorney to explain every facet of every law. While the criminal defense attorneys and former Manhattan prosecutors at Saland Law PC, will take the time to explain the law and navigate you through the murky waters of the criminal justice system, educating yourself and being prepared is often one of the best ways to avoid needing a criminal defense attorney in the first place.

Criminal defense attorneys, prosecutors and judges often throw around words that may be confusing to a person not involved in the criminal justice system. As a way to jump start your understanding of the law we will address a few of those words and their definitions.

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Through our years of as prosecutors and criminal defense attorneys, we at Saland Law PC have seen the charges before…Scheme to Defraud…Grand Larceny…but usually not in the context I am about to share with you. Unfortunately, I don’t think this will be a shock to anyone, but attorneys…that’s right, criminal defense attorneys, divorce attorneys and real estate attorneys, can be the biggest perpetrators of fraud. Because of this, it is imperative that you do your homework before handing someone not merely a retainer fee, but the reigns to your life. Don’t learn this lesson after it is too late.

The Manhattan District Attorney’s Office just announced an arrest and indictment today of a 59 year old man who had been pretending to be an immigration lawyer. The defendant, Victor Espinal, has been indicted on one count of Grand Larceny in the Third Degree, one count of Scheme to Defraud in the First Degree, one count of Grand Larceny in the Fourth Degree and two counts of Practicing or Appearing as an Attorney-at-Law Without Being Admitted and Registered. If convicted, Mr. Espinal faces up to seven years in state prison on the most serious offense of Grand Larceny in the Third Degree and one year in jail on the least serious offense of Appearing as an Attorney-at-Law Without Being Admitted and Registered.

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If you have just been arrested for Shoplifting, Forgery or Gun, Knife or Weapon Possession, it may not be comforting at all to you to know that there is a downward trend in crime. According to a recent report on crime in New York City (Manhattan, Brooklyn, Bronx, Queens and Staten Island) by CompStat, overall crime has fallen by 3.4 percent in 2008. The Compstat program tracks criminal activity for New York City as an arm of the NYPD. A closer look at the numbers reveals that while Homicides and Robberies are on the rise (there were 26 more Homicides and approximately 500 more Robberies when compared to 2007), other crimes have dropped.

While a general decrease in crimes is a great thing for all of us and our families, statistics are merely statistics and need to be examined. For example, are precincts under reporting certain “quality of life crimes” by classifying them or calling them something different than what they are? For example, without discussing the differences in the crimes, could there be a decrease in Petit Larceny offenses because the police are charging Criminal Possession of Stolen Property instead? In the alternative, have the police wanted to look as if they are tougher on crime by overcharging certain offenses. Is that Robbery really a Grand Larceny from the person (a similar offense to Robbery, but without the force). Again, there is no legitimate argument to be made in opposition to a decrease in crime, but is always important to question and examine the statistics and how they were gathered, assessed and formulated.

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After months of planning, Jeremy Saland, the founding member of the Law Office of Jeremy Saland, a NY based criminal defense firm, is pleased to announce his partnership with Elizabeth Crotty and the formation of Saland Law PC. Obtaining successful results for our clients since our inception, Saland Law PC, is a full service law firm representing clients in all criminal matters in New York State and Federal courts. Although the main focus of Saland Law PC, is representing clients in all stages of a criminal investigation from pre-arrest procedures through hearing, trials and appeals, we also represent clients in civil litigation and other legal matters as well.

Prior to forming Saland Law PC, both Jeremy Saland and Elizabeth Crotty served as prosecutors under Robert Morgenthau in the Manhattan District Attorney’s Office. Elizabeth Crotty served in Trial Division where she was assigned to the Domestic Violence Unit and handled cases from pre-arrest investigations through grand jury and trial. Additionally, Ms. Crotty served in the Investigation Division in the Special Prosecutions Bureau where she prosecuted international white collar fraud schemes and worked on the Oil-For-Food Investigation involving the United Nations. Upon leaving the Manhattan District Attorney’s Office after six years of service, Ms. Crotty was an associate at a boutique civil litigation firm in Manhattan for over two years.

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In a previous entry I discussed the general concept of the “affirmative defense.” Now that you have an understanding as to what a New York criminal defense attorney means when referring to such a defense, I wanted to take the opportunity to set forth some specific “affirmative defenses” from the New York Penal Law. Again, these defenses are statutory defenses where your criminal defense attorney bears the burden, and not the prosecution, in proving the defense beyond a preponderance of the evidence. The following are some examples:

New York Penal Law 190.15 – Affirmative Defense for Issuing a Bad Check

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An experienced and skilled New York criminal attorney should be able to advise you on possible and potential defenses to the crimes you stand accused of in any New York jurisdiction from Manhattan and Brooklyn to White Plains and Yonkers. For example, you may have an alibi in a Burglary case, the gun you are charged with possessing was inoperable in a Criminal Possession of a Weapon case or maybe the alleged stolen proceeds you possessed were aggregated or added up improperly in a Grand Larceny case. Even better yet, maybe you just did not commit any crimes!!

While the above scenarios are merely hypothetical examples, an examination of New York criminal law reveals that at trial, an accused may have a defense that is or is not an “affirmative defense.” Generally, according to Article 25 of the New York Penal Code, if a defendant raises a defense at trial the People, also called the prosecution, have the burden of disproving the defense beyond a reasonable doubt. This means that once set forth, the prosecutors must prove to the jury or the judge beyond a reasonable doubt that the defense is not legitimate. On the other hand, certain statutes set forth an “affirmative defense” that the defendant, not the prosecution, has the burden of establishing beyond a preponderance of the evidence.

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