New York Criminal Lawyer BlogEndangering the Welfare of a Child, New York Penal Law 260.10, is not only an embarrassing crime to face, but one that by its nature gets the attention of judges, prosecutors and child protection agencies such as Child Protective Services (CPS) and the Administration for Child Services (ACS). Domestic in nature when the child is your own or related to you, criminal courts and family courts can both get involved in the process where exposure on this misdemeanor is as great as one year in jail and other bodies can find that you were negligent with or maltreated the child. It is one thing for a neighbor or friend to question your parenting style or claim you are bad parent, but its another when a court finds you legally responsible or, better termed, irresponsible. With these concerns in mind, this blog entry will briefly assess PL 260.10(1) arrests involving Endangering the Welfare of a Child where the child in question is left “home alone.”
Sufficiency of an Officer’s Statement to Support a Complaint in New York Criminal Court: Conclusions not Enough to Corroborate Drugs
Years ago, when a detective or police officer signed off on a criminal court or misdemeanor complaint alleging misdemeanor drug or marijuana possession, PL 220.03 and PL 221.10 respectively, the law mandated that an Assistant District Attorney also secure a laboratory analysis or field test of the substance to proceed on that complaint so it become a legally sufficient information. In practical terms, if prosecutors failed to obtain a lab or field test, then ultimately the court would be required to dismiss the drug or marijuana possession charges against a defendant. Whether you agree that this was a necessity or not, criminal defense attorneys routinely used this law in the defense and exoneration of clients. Just as time stands still for no one, the law changes, shrinks, grows and adapts too. Simply, with some level of corroboration beyond a conclusion as to training and experience in the identification of drugs, controlled substances, narcotics and related “things” such as heroin, Ecstasy, cocaine, Xanax and marijuana, police officers can swear out complaints without a chemical test (it is ultimately needed in the event there is a trial). This became the “new” law that governed prosecutions after the Court of Appeals decision in People v. Kalin, 12 NY3d 225, 229 (2009).
The following blog entry addresses Kalin and the “training and experience” language not in the specific context of a drug arrest, but the possession of K2 in violation of Promoting Prison Contraband in the Second Degree pursuant to New York Penal Law 205.20(1). Although not dealing with the crime of Seventh Degree Criminal Possession of a Controlled Substance or Criminal Possession of Marijuana, People v. Enelus, 2016 NY Slip Op 51093 (NY City Crim Ct. 2016) has real value to cases involving these crimes because it examines the sufficiency of language contained in a criminal court complaint and information that enables or prevents a District Attorney from prosecuting a drug related crime at the initial pleading stage.
When Fun Times on Mischief Night and Halloween Become Criminal: Vandalism, Property Damage and Criminal Mischief
Its the same two nights every year throughout New York State. Mischief Night followed by the main event, Halloween. For preteens in costumes of all shapes and sizes, Halloween is about trick-or-treating and scarfing down way too much candy. For parents of little boys and girls, it is about dressing up their children for their own gratification and pleasure. For high schoolers, teenagers and college aged men and women, Mischief and Halloween nights are potentially a lot more than costumes and candy. In fact, throwing an egg at a car, spray painting a street sign, or knocking over that little yellow scooter that has always annoyed you because it managed to squeeze into the smallest parking spot on your crowded Manhattan or Brooklyn street can land you in jail facing a misdemeanor or felony crime.
What says you?! When did fun become criminal? Better ask this question now instead of getting an answer from your criminal defense attorney as you await arraignment in a New York City courtroom or a courthouse in a neighboring suburban municipality. The short answer is as follows: If you damage another person’s property, even in the most nominal way, you can face arrest in New York for Criminal Mischief in the Fourth Degree. Cause at least $250 in damage? You will be wishing you get a bag of pennies instead of candy because you momentary stupidity could result in your arrest for Criminal Mischief in the Third Degree, a felony. This blog entry will briefly address why you should leave the Criminal Mischief out of Mischief Night and Halloween unless, of course, you have a penchant for facing criminal charges and paying money for a criminal lawyer to get you out of jail or the hot water of a witch’s cauldron.
Understanding the Minimum Requirement of “Forcible Stealing” in a New York Robbery Arrest and Prosecution
Robbery is one of the most serious crimes in the New York Penal Law. Criminal defense attorneys in New York see Robbery crimes come in a variety of different scenarios and allegations. Sometimes a weapon is used such as a firearm or a knife while other times a victim suffers some form of a physical or serious physical injury. Depending on whether or not there is an injury and even if multiple robbers are involved, the crime of Robbery can elevate from Robbery in the Third Degree to Robbery in the Second Degree or Robbery in the First Degree. The consequences are quite serious for an accused because a Third Degree Robbery conviction for PL 160.05 is not a violent crime under the New York Penal Law and does not carry a mandatory term of prison for a first time offender. Second Degree Robbery and First Degree Robbery, pursuant to PL 160.10 and PL 160.15 respectively, are mandatory minimum crimes with sentences starting at three and one half and five years in prison.
The goal of this blog entry is not to dissect and analyze the differences between New York’s Robbery statutes, but to examine the threshold of physical force that must be breached for a crime to go from one of a simple non-violent larceny to a more grave Robbery offense.
Resisting Arrest and Obstructing Governmental Administration Dismissed: Failure of NY PL 195.05 Leads to Dismissal of NY PL 205.30
Challenging the legal or facial sufficiency of a complaint against an accused is a common if not routine motion made by criminal defense lawyers. When a prosecutor proceeds on a complaint it becomes was is termed an information. The information must be legally sufficient to provide for the elements of the crime charged and notice to the accused. However, the evidence or allegations contained within the four corners of the document need not reach the “beyond a reasonable doubt” threshold. While the standard may be fairly low, a defendant who is wrongfully arrested without the bare level of evidence should not be forced into the criminal justice system whether he is from New York City, White Plains, or New York’s Southern Tier. Simply, it is critically important to examine any complaint or information to see whether or not there are grounds to make a challenge.
This particular blog entry will address a recent decision dismissing one count of Resisting Arrest pursuant to New York Penal Law 205.30 and one count of Second Degree Obstructing Governmental Administration pursuant to New York Penal Law 195.05.
Failure to Appear on a Misdemeanor Court Date: Bench Warrants and Bail Jumping
Most people know to listen to a judge. After all, he or she has the ability to change the trajectory of your life whether you are involved in a civil case or you have been arrested for any number of crimes outlined in the New York Penal Law. In the criminal context, when you miss your court date, an arraignment for a Desk Appearance Ticket, a scheduled compliance date, a calendar call for an update, or any other appearance on a misdemeanor or felony crime, the judge hearing your case will more than likely issue a bench warrant barring some corroborated reason why you could not be present. As your criminal defense lawyer will (and should have already) tell you, once the judge orders or issues a bench warrant the police are authorized to arrest you. Complicating matters, if you are outside the State of New York, you may be held without bail until a detective returns you on a “Governor’s Warrant.” Could you sit there for a week, two, more? Sadly, yes.
Outside of the simple fact that you do not want a warrant issued and the police looking to arrest you and return you to court, the consequences of skipping your court date don’t end with a warrant. In fact, depending on how long you are out and about and fail to return, prosecutors in the District Attorney’s Office can hit you with a brand new charge…Bail Jumping.
Client Charged with Drug Possession Gets Re Arrested for Assault Upon Release: Both Cases Dismissed
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 Saland Law 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.
Unable to Appear in a New York Criminal Court: NY CPL 340.20 Pleas and Dismissals without an Appearance
Although I couldn’t tell you the exact number, there are millions of people who come to New York City – its boroughs of Manhattan, Queens, Bronx and Brooklyn (technically Kings County) – on any given day. Whether they are commuters, tourists or here solely for a brief business stay, some of these people find themselves in hot water, aka, under arrest by the NYPD. If the crime charged is, for example, PL 155.25 or PL 165.40 for a shoplifting arrest at Macys or Century 21, PL 220.03 for getting busted doing a “bump” of cocaine outside a bar, PL 120.00 for a fist fight with some random stranger, or something of the felony variety which is quite more serious, they will have a date with a judge in criminal court. By Desk Appearance Ticket (D.A.T. or Appearance Ticket) or as a result of an all out arrest cooling their heals in the “Tombs”, if a criminal case is not resolved immediately a defendant will be required to return to court. Live in California, Texas, England, Australia or China? No, you don’t get a pass. Without prior agreement, failure to return will result in the issuance of a Bench Warrant.
So, what can you do? If you are asking yourself “Do I have to come back to court or can it be resolved in my absence,” then this blog may good place to start to understand the legal issues and process so that you can make an informed decision with your criminal defense attorney when assessing your options. Continue reading
NYC Domestic Assault and Harassment Dismissed on the Merits: Allegations and Arrest Exposed Based in Lie
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, Saland Law 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, Saland Law PC secured a complete dismissal of all charges.
Felony Falsifying Business Records: Understanding the Limited Conduct that can give Rise to PL 175.10 in New York
A somewhat infrequently used section of the New York Penal Law, First Degree Falsifying Business Records is nonetheless not only a serious crime, but on where an arrest can land you in prison and with a felony record. Is Falsifying Business Records in the First Degree as serious as Second Degree Grand Larceny or, for that matter, Second Degree Criminal Possession of a Forged Instrument? The short answer is no. These two crimes, PL 155.40 and PL 170.25, are class “C” and “D” felonies respectively while PL 175.10 is a class “E” felony? What does this all mean you ask? Grand Larceny in the Second Degree is punishable by as much as fifteen years in prison, Criminal Possession of a Forged Instrument in the Second Degree is punishable by as much as seven years in prison and First Degree Falsifying Business Records is “merely” punishable by up to four years in prison. That said, unlike the aforementioned crimes, PL 175.10 is often associated with more significant crimes and each time there is a falsification a new criminally chargeable offense has occurred.
With your general grasp on the significance and severity of Falsifying Business Records in the First Degree, this blog entry will further address this crime while also addressing the elements of PL 175.10.