New York Criminal Lawyer BlogIf there are drugs found in your Manhattan apartment and you are inside that apartment, you are guilty of possessing those drugs, correct? If the police execute a search warrant and you reside in the in the Brooklyn home where drugs, such as cocaine, heroin or marijuana are found, you are guilty of possessing those controlled substances, right? After all, the police found the contraband in your apartment so you must be responsible. If the amount is fairly small of a controlled substance then there is no reason why the police should not arrest you for Criminal Possession of a Controlled Substance in the Seventh Degree, New York Penal Law 220.03. If the police believe you had the intent to sell the cocaine, heroin or other drug then they should arrest you for intending to sell those drugs pursuant to Criminal Possession of a Controlled Substance in the Second Degree, New York Penal Law 220.16. To give you some perspective on these crimes, PL 220.03 is an “A” misdemeanor punishable by a year in jail and PL 220.16 is a “B” felony punishable by one to nine years in a New York State prison. For good measure, let’s add some more perspective to the questions asked above. Your mere presence, without actual possession, may not be enough for the prosecution to sustain any criminal charge against you. Obviously you should consult with your own New York criminal lawyer or criminal defense attorney versed in drug crimes, but the following analysis of a recent court decision is right on point.
New York DWI Arrest Dismissed on the Merits by Prosecutors: Accused Never Committed VTL 1192.3
In the City of New York there are cabs, livery cars, Uber services, buses and subways. All of these modes of transportation make it a difficult sell to prosecutors that a drunk driving, DWI or DUI arrest was due to an inability of an accused to get home. Not that such a defense would be a viable or strong one, but these facts explain why prosecutors are often unsympathetic to the plight of an individual accused of VTL 1192.2 or VTL 1192.3. Couple this with the fact that drunk driving crimes in New York (or anywhere) can have significant collateral and direct consequences to other drivers and pedestrians, don’t be shocked if the District Attorney does not want to budge on a good offer. Remember, if you are convicted not only can you face a year in jail, the suspension or revocation of your license, a $1,000 fine and the requirement that you install an ignition interlock, but a DWI will remain on your record forever. While I may be a New York DWI attorney and criminal lawyer, I would tell you the same thing I would tell a family member. While I certainly zealously advocate for my clients in every case, if you are concerned you might be intoxicated call a cab or give your friend the keys.
Does A Work Email Account Constitute a Place of Employment in Violation of Stalking Pursuant to NY PL PL 120.45(3)
When those not familiar with New York’s criminal justice system and the New York Penal Law think of Stalking and Stalking related crimes, the picture that comes to mind is often of a man who follows a woman around a public place, sends unwanted solicitations by text, phone or email and even threatens violence with knives, guns or other weapons. While this may be true in many circumstances, there are different “varieties” of Stalking. New York Criminal defense attorneys see or defend Stalking not merely as misdemeanors and felonies, but in wide variety of forms across varying types of conduct. In a recent case of first impression by a New York City Court Judge sitting in Manhattan (New York County), the Court had to render a decision as to whether or not a person’s work email address constituted their place of employment or business for the purpose of Stalking in the Fourth Degree. Although New York Penal Law 120.45(3) is the lowest level Stalking charge in New York’s criminal code, it is nonetheless a class “B” misdemeanor punishable by a term of incarceration. A conviction for this crime does note go away and is never sealed. In other words, all defenses must be explored.
Promoting Prostitution in New York: Can Handing Out Cards with Pictures of Women Violated the New York Penal Law
Prostitution is a polarizing word. There are some who look at the very real horrors of human trafficking and there are others that believe if regulated by the government there could be tax revenues generated as a result of actions between consenting adults. Fortunately, neither this blog entry nor I will deal with any of the theoretical angles of prostitution. Simply, the bottom line is that in New York State, prostitution is a crime. Depending on one’s involvement, offenses range from misdemeanors to felonies. Regardless of the crime, you and your criminal lawyer would need to identify and formulate your best defense to avoid the embarrassment and stigma of a prostitution related arrest in New York City or elsewhere in the Empire State.
While this blog entry will not serve as an answer or legal advice for your particular arrest, it will review the crime of Promoting Prostitution in the Fourth Degree pursuant to New York Penal Law 230.20(1) . This particular degree of Promoting Prostitution is a class “A” misdemeanor punishable by up to one year in jail. As noted above, there are other more serious degrees of Promoting Prostitution in New York that are felonies and carry terms of incarceration in prison. Just as you should in all cases, consult with your own criminal defense attorney as to the nature of these and related charges should you be arrested or investigated for such crimes.
Endangering the Welfare of a Child: How Long is Too Long to Leave Your Child in an NY PL 260.10 Prosecution
To leave your child unattended or not. That is the question. Whether the child is three months, three years or thirteen years old, does it matter? If the child is left alone for five minutes, fifteen minutes or two hours, is it relevant? Does it make a difference if the child is left in a car, a home or public location? What if drugs, alcohol or dangerous instruments are nearby? While not specified in the Endangering The Welfare of a Child statute statute, New York Penal Law 260.10 is the crime that encapsulates these types of actions and behaviors involving and toward children. A serious crime, Endangering the Welfare of a Child is an “A” misdemeanor with a punishment that can be as great as one year in jail. Compounding matters, the Administration for Children Service (ACS) or Children Protective Services (CPS) may conduct their own investigation, the child could be removed from the home and a criminal court will likely issue an order of protection either limiting or preventing certain contact with your child.
Although each of the questions addressed above will not be reviewed in this particular blog entry as they have been discussed in numerous other entries found throughout the NewYorkCriminalLawyerBlog.Com (you can search this blog or follow the links), this entry will confront the issue of length of time a child is left unattended and when it rises to criminal conduct.
Agriculture and Markets Law 353: Intent, Knowledge and Animal Abuse in New York State
Certain crimes, whether ultimately proven by prosecutors beyond a reasonable doubt or successfully defended by New York criminal defense attorneys before or during trial, have a significant stigma associated with them. Crimes involving children rank high on this list of offenses, but those involving animals are not that far behind. Nobody, from New York judges to the Assistant District Attorneys who prosecute cases, has much sympathy where the allegations of an arrest or indictment involve animals. New York City may be the “concrete jungle,” but preying on animals will likely leave you locked up and facing a judge for your alleged indiscretions – willful or not. While each crime is unique, one statute that prosecutors use in their arsenal and that criminal defense lawyers find them selves challenging is Agriculture and Markets Law 353. This “A” misdemeanor, punishable with a permanent record by up to one year in jail, makes it a crime to deprive any animal of necessary sustenance, food or dink, or neglect or refuse to furnish that animal with such sustenance or drink. This blog entry will deal with the crime of AML 353 and the analysis of AML 353 in the context of case in New York City Criminal Court.
Second Degree Burglary Arrest Leads to ACD and Avoidance of Mandatory Incarceration or Criminal Record
Alcohol often brings out the worst in people. On occasion we may see the smiling, happy and funny intoxicated person, but more often than not extreme intoxication leads to terrible and sometimes life altering consequences. While Driving While Intoxicated, aka, DWI or DUI, often comes to mind, fights, thefts and other acts occur which the person in a sober state would never have contemplated. A recent night of binge drinking by a Saland Law PC client resulted in one of these terrible and life altering actions that but for the diligence and efforts of our criminal lawyers, could have devastated a young professional’s career, livelihood and future after prosecutors charged our client with the violent crime of Burglary in the Second Degree pursuant to New York Penal Law 140.25.
Securing and Challenging NY Orders of Protection: The NYC Family Court Restraining Order and Some Recent Scenarios
In New York City and throughout the State of New York from Manhattan to every municipality both big and small, domestic violence rears its ugly head. Sometimes individuals seek protection from the police and prosecutors while other times individuals pursue orders of protections or restraining orders in New York’s Family Courts. The reasons vary just as much as the people who pursue an order of protection or restraining order. It may be that a complainant (in the Criminal Court criminal context) or petitioner (in the Family Court civil context) doesn’t want the other party arrested or does not want to cede control of their personal life and the trajectory of a case to a prosecutor. Whatever the reason or choice of venue, it behooves a petitioner who seeks a Family Court order of protection to speak with an attorney or lawyer versed in the Family Court Act before taking the steps to try to secure a restraining order. If your need for an order of protection is not immediate (ie, you don’t need to call 911 for example) and the person who you are seeking protection from is a “family member” then taking seeking counsel is likely a smart move for the long term viability of your order of protection.
Fighting Words, Freedom of Speech and New York’s Second Degree Aggravated Harassment Statute: NY PL 240.30
The crime of Aggravated Harassment in the Second Degree (Penal Law 240.30(1)) has evolved over the years as the Court of Appeals has removed part of the statute and others have been added by the legislature. One thing that has not changed, however, is how serious penalties can range if you are convicted of PL 240.30 whether you are arrested with a Desk Appearance Ticket (DAT) or processed on a Domestic Violence related case.
Briefly, you are guilty of Aggravated Harassment in the Second Degree (Penal Law 240.30(1)) if (and only if) an Assistant District Attorney proves beyond a reasonable doubt that “(1) with intent to harass another person; (2) the actor communicates, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, a threat to cause physical harm to … such person; and (3) the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person’s physical safety…”
New York Second Degree Commercial Bribe Receiving: A Brief NY PL 180.05 Primer
The crime of Commercial Bribe Receiving in the Second Degree carries severe consequences including a year in jail and the decimation of your career. It should go without saying that it is crucial for the prosecution to prove every element of the crime charged whether you have been arrested in Manhattan, Brooklyn, Queens or anywhere else in the State of New York. In order for a judge or jury to convict you of Commercial Bribe Receiving in the Second Degree (New York Penal Law 180.05) the State must prove that an employee, agent or fiduciary, without consent of his/her employer or principal, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his/her conduct in relation to his/her employer’s or principal’s affairs. (Penal Law 180.05) The key to this crime is not the payment of money but rather the agreement or understanding under which the alleged bribe receiver accepts or agrees to accept a benefit.