New York Criminal Lawyer Blog

January 28, 2016

New York Drug Crimes and Personal Possession: Can You be Prosecuted for Possessing Residue without a Chemical Analysis

Heroin. Cocaine. Ecstasy. Adderall. Molly. MDMA. New York’s list is long and vast. If you possess certain drugs, narcotics and controlled substances (including certain prescription drugs that you are not prescribed by a doctor), you can face a wide variety of crimes found in New York Penal Law Article 220. Even if you did not have the intent to sell those drugs (New York Penal Law 220.16(1) or New York Penal Law 220.06(1)) or actually sell the drugs (New York Penal Law 220.39(1) or New York Penal Law 220.31), possession for personal use is still a crime. New York Penal Law 220.03, Seventh Degree Criminal Possession of a Controlled Substance, is the catch all “personal use” offense in New York State whereby the police and the District Attorney can charge you with a misdemeanor punishable by up to a year in jail for possessing small amounts of a controlled substance.

In the above scenarios, whether you find yourself arrested and hauled into Manhattan Central Booking or are given a NYC Desk Appearance Ticket in Brooklyn, the law actually permits an officer with the NYPD to claim the substance in your possession is a narcotic or controlled substance without ever testing the substance to confirm its an illegal drug. That is right, if the officer can examine the white powder, pill or anything else and claim his experience and training tells him it is a drug, then at the preliminary stage he has just bought you at least a temporary rap sheet, arrest, criminal complaint and date with the court for an arraignment on PL 220.03. The question posed in this blog is whether the same can be said for amounts that are significantly smaller and not so clear to the eye.

January 23, 2016

New York Criminal Defense Results: Arrest for Second Degree Assault with Vehicle Reduced from Felony to Non-Criminal Violation

by Jeremy Saland

Sometimes bad things happen to good people. When that bad thing is being accused of a crime, arrested, hauled into a precinct, fingerprinted, and thrown before a judge, the consequences to your mental state, career and outlook on life can be devastating. If a misdemeanor accusation is horrendous, a felony arrest is exponentially worse. It doesn’t matter if this happens to you in Manhattan, Brooklyn, Westchester, or any city, county or municipality in New York State (or elsewhere for that matter). Sadly, this exact scenario happened to a Saland Law PC client after our client was charged with numerous crimes including felony Second Degree Assault (New York Penal Law 120.05(1)), Leaving the Scene of an Incident without Reporting (Vehicle and Traffic Law 600), Second Degree Reckless Endangerment (New York Penal Law 120.20) and other offenses. It was alleged that our client, a college instructor and professional, struck the complainant’s car at a stop light and drove off through the following red light. After catching up to our client, it was claimed by the District Attorney’s Office that there was a second accident between the vehicles driven by the parties. Finally, after pulling into a parking lot, the complainants’ (a passenger and driver) alleged that after a brief conversation outside the vehicles our client got back into the car, drove at one of the complainants and struck her. This complainant alleged that our client then drove off with her on the hood through the parking lot until she fell off. At that time, the complainant contended she suffered and injury to her nose area requiring multiple stitches. Despite these claims, the severity of the arrest and nature or the crimes, our client stood firm and adamantly denied that the events of the evening in question occurred as set forth by the prosecution and complainants. After much hard work from our criminal defense attorneys, our client’s strength and perseverance was rewarded with a non-criminal resolution.

January 19, 2016

NY Drug Arrests, Brokers-Dealers and Investment Advisers: FINRA, Form U4 and New York Penal Law Article 220 Arrests

by Jeremy Saland

While nobody is asserting that financial services professionals, investment advisers, registered representatives or others regulated by the Financial Industry Regulatory Authority (FINRA) are more prone to using, selling or possessing drugs, the reality is that an arrest in New York City or elsewhere for possession of cocaine, heroin, molly, MDMA, or even some prescription drugs can have dire consequences. Sale of these drugs (there need not be money exchanged) can magnify an arrest to a felony regardless of the amount. Simply, if you have a Series 3, Series 6, Series 7, Series 10, Series 11, Series 63, Series 65, Series 66, Series 79, Series 86 or any other securities license, your exposure is more than merely what you will face in a courtroom. Even when you close out your case there may be far reaching implications to your career. Although this blog entry will address the potential crimes and touch on the U4 reporting requirements, in no way is this article a substitute for a consultation with and the retention of a NY criminal defense attorney or criminal defense lawyer. Instead, the content contained here should solely be used as a launch pad to put yourself in the right place and to ask the right questions from your own counsel.

January 14, 2016

New York Crimes Involving the Possession and Sale of Molly, Ecstasy or MDMA: NY PL Article 220 Arrests and What it Means to You

by Jeremy Saland

What is Molly? Why do the police arrest you in New York for even the smallest amount? Why do prosecutors care if you have some drugs for “personal use”? Is the Manhattan District Attorney’s Office, or for that matter any District Attorney’s Office in New York City or a neighboring county, going to waste time and money prosecuting a first time offender for simple drug possession? Simply, the answer to this last question is “yes” and the answers to the prior questions should be equally clear. Whether you are given a Desk Appearance Ticket or you find yourself locked up waiting overnight to see a judge in criminal court the following morning, possession or sale of Molly, MDMA and Ecstasy is without a doubt a serious crime in New York. Certainly, possession of a one or two tablets or capsules recovered from your car or your pocket at a concert or club is a not as serious as having ten, twenty or thirty pills of Molly, but both are crimes. Likewise, possession of a couple tablets of Ecstasy is no where nearly as significant criminally when compared to the sale of even a single capsule of MDMA. The latter is a felony out of the gate. There is no passing “Go”. You are going directly to jail.

So, what are the crimes in New York that one will face upon arrest for possessing or selling MDMA, Molly or Ecstasy? Will you merely get a slap on the wrist? Can a misdemeanor or felony “stick”? Are there any consequences beyond your criminal exposure?

January 9, 2016

Must the NYPD and Prosecutors Allege the Specific Age of a Child in an Endangering Arrest: Examining NY PL 260.10

by Jeremy Saland

There are many elements to an Endangering the Welfare of a Child crime in New York. In fact, the crime of New York Penal Law 260.10 has been addressed, examined and analyzed with regularity on this blog. Sometimes the issue revolves around the intentional conduct of the accused or how long it is acceptable to leave a child alone. Other times the issue involves criminal conduct in the presence of a child even if the child is not fully aware or aware of the criminal actions. This particular blog will examine a less exciting issue (if that term is appropriate) and address from a legal perspective whether the failure of the prosecution to identify the age of a child on the face of an accusatory instrument will doom the charging document and ultimately require its dismissal.

January 4, 2016

Is it too Ambiguous for an Arrest or Conviction: The Standard for Second Degree Aggravated Harassment Complaints

by Jeremy Saland

In New York State, especially in New York City, arrests for Second Degree Aggravated Harassment, New York Penal Law 240.30, are fairly routine. Routine doesn’t mean the crimes are taken lightly by the NYPD or the District Attorney of Manhattan, Brooklyn, Queens or the Bronx. In fact, it is quite the opposite. Whenever there are threats of violence the NYPD will make the arrest and often let prosecutors figure out later what to do with the case. That is not to say the NYPD is not diligent, but all branches of law enforcement are overly cautious and seemingly would rather make an arrest that is later challenged or voided, then leave a threat of violence alone that ultimately festers into an actual act of violence. This line of thinking by law enforcement begs the following question. What is the legal standard that must be crossed for a threat to rise to the level of a valid arrest and prosecution? The following helps answer this question.

December 31, 2015

So You’ve Been Arrested For Computer Hacking: NY Penal Law Article 156 Cyber Crimes and Computer Hacking Offenses

by Jeremy Saland

Prosecutors don’t look to kindly upon computer hackers. Whether you are Anonymous, a kid in your parent’s office, a disgruntled employee, former worker stealing an employer’s proprietary code or algorithms as it relates to their business, or anything in between, there are a litany of crimes you could face in a New York State prosecution. Some of the most severe could land you in prison for many years while others may not carry the same level of punishment, but would likely decimate your future employment opportunities. This blog entry will address some of the New York hacking statutes (there is no formal penal code offense called “hacking”). For further information on these crimes, as well as the Federal Computer Crime and Cyber Crime statute of 18 United States Code 1030, go to New-York-Lawyers.org where there is easily digestible information on these offenses.

December 27, 2015

Understanding Your NYC Desk Appearance Ticket or DAT: Top Offense Charged

by Jeremy Saland

Although not a firm rule, New York City Desk Appearance Tickets (commonly called a DAT or Appearance Ticket) are generally issued to individuals who have little or no prior arrest history and are charge with misdemeanor crimes. These crimes include many serious offenses – Criminal Possession of a Weapon in the Fourth Degree (NY PL 265.01), Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03), Petit Larceny (NY PL 155.25), Criminal Possession of Stolen Property in the Fifth Degree (165.40), Assault in the Third Degree (NY PL 120.00) – and are punishable by as long as one year in jail upon conviction. Even if you never step into Central Booking or Rikers Island, a conviction for shoplifting, possession of cocaine, having a gravity knife or getting into a drunken fistfight can and likely will adversely impact your career, professional licensing or immigration status. Although there are numerous blog entries and extensive content on the New-York-Lawyers.org website that address these crimes, this entry will address what “Top Offense Charged” means and how it may impact your case.

December 14, 2015

Second Degree Assault and Endangering the Welfare of a Child Dismissed: Knife Injury to Eye of Child an Accident

by Jeremy Saland

I have discussed it many times on the NewYorkCriminalLawyerBlog.Com. Endangering the Welfare of a Child, New York Penal Law 260.10, may not be the most serious offense in New York’s criminal code, but it is a crime that is horrifically stigmatizing and one that carries up to one year in jail upon conviction. There is no way around it. An accusation of Endangering the Welfare of a Child cannot be ignored or brushed aside. It is bad enough if the child is not your own, but if the minor is your son or daughter you should expect that either the Administration for Children Service (ACS) or Children Protective Services (CPS) will be knocking on your door to open their own parallel investigation. Simply, when an allegation is untrue or there is a misunderstanding, the consequences of an Endangering the Welfare arrest will not merely go away. Law enforcement is always overly cautions and often for the right reasons even if the accused has done nothing wrong.

A recent example of the above scenario, a client of Saland Law PC not only fought through the embarrassment of a PL 260.10 arrest, but a felony charge of Second Degree Assault, New York Penal Law 120.05, as well. This latter offense carries a sentence of up to seven years in prison, dwarfing the one year of jail a defendant faces on an Endangering the Welfare of a Child conviction. Although the allegations were serious – the NYPD arrested our client for striking the client’s child with a knife in the eye requiring hospital treatment – prosecutors dismissed the all of the charges.

November 16, 2015

Intoxication and Endangering the Welfare of a Child: Can Inebriation Without More be the Basis of an NY PL 260.10 Crime

by Jeremy Saland

You had a few beers. A couple of glasses of wine. A shot or two of whiskey. OK, maybe it was that and a couple of more. Buzzed? Intoxicated? Flat out drunk? Wherever you are on that spectrum, you are watching your kids. At least that’s what you’re supposed to be doing. You are their caretaker and guardian, but your more than a few sheets to the wind. Maybe you had a good time, but that is quickly turning to regret. After all, how can you watch children if you can’t stand straight or speak properly? If you have left your children unattended as a result of your intoxication, have you committed a crime? More specifically, if you are in New York City or anywhere else in the Empire State, can the police arrest you for and prosecutors prove beyond a reasonable doubt the offense of Endangering the Welfare of a Child pursuant to New York Penal Law 260.10? You didn’t strike, injure or intentionally put a child in harms way, so clearly you can’t be guilty of PL 260.10. Right? Speak with your criminal defense attorney and you may be surprised.