New York Criminal Lawyer BlogI was given a Pink Summons for Disorderly Conduct, is that considered an arrest? A police officer gave me a white Desk Appearance Ticket after being held at Century 21 for shoplifting, was I arrested? Reasonable questions associated with what may be a once in a lifetime mistake, “white tickets” and “pink tickets” are distinct mechanisms to land you, an accused offender, before the criminal courts of New York City. While a pink summons is returnable to 1 Centre Street or 314 West 54th Street for Manhattan infractions, 1 Centre Street for Brooklyn violations and 120-55 Queens Blvd. for Queens offenses, they are quite different than their white Desk Appearance Ticket counterpart. Yes, you might find yourself at Midtown Community Court at 314 West 54th Street along with someone issued a pink summons, but Desk Appearance Tickets, a/k/a, DATs, are generally prosecuted in the criminal courts of 100 Centre Street for Manhattan, 120 Schermerhorn for Brooklyn and 125-01 Queens Blvd. for Queens cases. Although the location you appear is telling, the question remains. Is being issued a New York City summons or DAT considered an arrest?
Saland Law PC Secures Two Dismissals of New York DWI Chemical Test Refusal Hearings: Clients Maintain License to Drive and Avoid Revocation
Although some New York DWI and DUI lawyers might argue the “fix is in” when it comes to defending a client in a DWI Chemical Test Refusal Hearing at the NY DMV with an Administrative Law Judge, simply that is not the case. While the standard in these hearings are lower than the parallel proceedings in criminal court where a VTL 1192.3 arrest is prosecuted, the lower burden of proof is not the equivalent to an insurmountable challenge. Case (or cases) in point, both Elizabeth Crotty and Jeremy Saland secured dismissals after the NYPD Officers did not provide sufficient evidence at the respective DWI Refusal Hearings. Because of Saland Law PC’s efforts, cross-examination of the police officers and convincing of the judges, these clients avoided a year long revocation of their license to drive in the State of New York. Obviously, the alternative resolution would have been horrific for our clients.
Before briefly discussing these specific Refusal Hearings, any time a person is arrested for and charged with a Common Law DWI pursuant to New York VTL 1192.3, the arresting police officer or member of the police department must first ask that accused to provide a breath sample. If he or she refuses, the officer in clear and unequivocal language must also advise the driver that failure to submit to a chemical test would result in an immediate suspension and ultimate revocation of his or her license to drive. Not only can this refusal be used against the driver at a later criminal hearing or trial, but even if a criminal case is later beaten, dismissed or the accused is exonerated, the finding and punishment by the Administrative Law Judge would stand. In addition to the issues addressed above, the Administrative Law Judge must also find that the defendant was arrested with probable cause and he or she was in fact operating the motor vehicle.
Am I Eligible to Receive an Order of Protection or Restraining Order: Domestic and Same Family Definitions in NY Family Court
I need a restraining order. How do I get an order of protection? A simple question deserves a straightforward answer, but unfortunately, as your lawyer likely can attest to, the law is not always cooperative on that front. Certainly, if you are a victim of a crime and an order of protection is warranted, upon arrest and prosecution in New York, most judges will issue an order of protection. However, not all cases require the full force of the criminal justice system nor do complainants (you, the victim) want to pursue criminal charges. Enter the New York Family Court Act. The vehicle to secure an order of protection for those who are members of the same household or family, New York’s Family Court is where you would go to get a non-criminal order of protection.
Now that you know where you can go to get a restraining order in New York, the follow up question gets more complicated. Who can avail themselves of Family Court restraining order? The answer, if you noted above, are those petitioners (victims or complainants) who the court statutorily classifies as “members of the same household or family.”
Understanding the Felony Arrest and Prosecution Process in Westchester County from Local Justice Court to Westchester County Court
I was arrested for a felony in Westchester County. The Westchester County police charged me with Second Degree Assault. Detectives from the Yonkers Police Department arrested my sister for felony drug possession. Whether you are arrested in Yorktown Heights, Mount Pleasant, Ossining, Scarsdale, North Castle or Pelham, any felony crime in Westchester County follows the same potential trajectory from arrest and arraignment through indictment or Superior Court Information (SCI).
Although the crimes may vary – Second Degree Criminal Mischief, Third Degree Grand Larceny, Second Degree Criminal Possession of a Weapon – Westchester County felony arrests are either disposed of in a local Justice Court as a misdemeanor, violation or dismissal, or are removed to the County Court in White Plains for prosecution as a felony. This blog entry will briefly address the process followed by the Westchester County District Attorney’s Office. Should you require further information about Westchester County felony crimes and the criminal process, consult with your criminal defense attorney.
Getting an Order of Protection and Fighting a Restraining Order in Westchester County Family Court
My former girlfriend won’t stop calling and harassing me. Can I get a Family Court order of protection? My ex-husband comes to my office and house without my permission. He is scaring me and I am afraid I will lose my job. Can I get a restraining order in Family Court or is my only choice to have him arrested? The short answer to these questions is if you live in Westchester County or the person harassing, threatening or stalking you resides or commits these or other violations of the New York Family Court act in White Plains, Yonkers, Somers, Bedford, Scarsdale, New Castle, Armonk, Yorktown, Bronxville or Irvington, to merely name a few Westchester towns and cities, you can file a petition in Family Court for an order of protection. While the process for the most part is the same whether you are requesting a restraining order in Rockland Family Court, Putnam County Family Court, NYC Family Court or Westchester County Family Court, any request for an order of protection starts in the Westchester County Family Court located in White Plains.
Whether you are a petitioner (complainant) or a respondent (defendant), you should understand the law and how it is applied in Family Court. Remember, while the criminal courts are obviously criminal, Family Court is a civil forum and pursuing your rights in court does not preclude you from doing the same in the other. Merely a brief explanation regarding process and procedure, this blog nonetheless is valuable to both petitioners and respondents with pending actions for restraining orders in Westchester County.
Damaging a Statute or Other Property in New York: Understanding Criminal Mischief and Criminal Tampering Crimes
During summer 2017, a New York man, David Hedeen, was arrested and charged with Criminal Mischief when he vandalized four statues outside of a church in SoHo. The case highlights how seriously New York State and her prosecutors deal with crimes of vandalism. Simply, no statue, or any property of another person, should ever be tampered with or destroyed.
Criminal Mischief charges in New York are separated into four different classifications. Reverend Mario Julian, who is the priest at the church, stated that the damage done equaled close to $10,000. If that turns out to be true, and as now reflected in the indictment, Hedeen faces charges of Second Degree Criminal Mischief. This charge, New York Penal Law 145.10, includes intent to, and actually causing damage that is greater than $1,500. If convicted, Hedeen could face up to seven years in prison on a class “D” felony.
New York Molly and MDMA Arrest for PL 220.31 Dismissed: Felony Charges for Criminally Selling Ecstasy Dropped
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.
Differentiating Aggravated Cruelty to Animals and Torturing Animals: NY AML 353-a[1][i] v. NY AML 353
Animal cruelty, whether in violation of a criminal statute or an otherwise intentional, callous and malicious act or acts, is simply horrendous. Whether one wears the hat of a District Attorney, criminal defense lawyer, judge or person who merely cares about the well-being of others living things, committing acts of violence and seeking to cause pain to animals is unconscionable. When you commit certain acts against animals, regardless of the size, age, or health of the same, your actions may be punishable as a crime pursuant to Agriculture and Markets Law 353 or 353-a[1][i]. These crimes, “Overriding, Torturing and Injuring Animals” and “Aggravated Cruelty to Animals” respectively, are class “A” misdemeanors and “E” felonies. While the former is punishable by as much as one year in a county jail, the latter has a potential sentence of up to four years in prison.
The issue addressed by this blog is to briefly describe the two offenses and differentiate the crimes.
Indicted by New York Grand Jury for Multiple Fraud Felonies, Client Secures Misdemeanor and “Time Served”
On he heals of a misdemeanor disposition where our client was exposed to multiple felonies relating to fraud, the New York criminal lawyers at Saland Law PC are pleased to announce a similar disposition for a client charged with and facing, among other offenses, Third Degree Criminal Possession of Stolen Property, New York Penal Law 165.50 and multiple counts of Second Degree Criminal Possession of a Forged Instrument, New York Penal Law 170.25. Both offenses are class “D” felonies where a conviction exposed our client to as much as two and one third to seven years in a New York State prison.
The Differing Degrees of Criminal Diversion of Prescription Medication and Prescriptions: NY Penal Law Article 178
The prescription drug epidemic may not be as rampant as the crack and cocaine abuse in the 80s and 90s, but it is no less harmful and frightening. Whether a drug is Oxycodone, Xanax, Hydrocodone, Adderall or some other prescribed controlled substance or narcotic, the potential harm to the abuser, his or her family and the community-at-large is great. Because of this, law enforcement from the NYPD in New York City to smaller police departments, as well as the District Attorneys prosecuting crime in the associated jurisdiction, have sought to disrupt the illegal trade and sale of these drugs. That is where the crime of Criminal Diversion of Prescription Medication and Prescriptions, New York Penal Law Article 178, becomes part of law enforcement’s arsenal to combat the illegal sale, possession and trade of prescription drugs.
This blog entry will identify and address the differences between the varying degrees of Criminal Diversion of Prescription Medication – NY PL 178.10, NY PL 178.15, NY PL 178.20, NY PL 178.25 – and potential punishment associated with each crime.