New York Criminal Lawyer Blog

May 20, 2011

Grand Junction Colorado Man Learns New York Gun & Weapon Laws the Hard Way

Unfortunately for a man from Grand Junction Colorado, a lesson in New York State gun laws did not come early enough. Far from an atypical story, Dustin Forsling was jailed and lost his gun after he attempted to check his firearm with an airline attendant in Queens’ LaGuardia Airport. The unfortunate reality for Mr. Forsling, and anyone who carries a loaded firearm in the streets of New York City who is not specifically licensed in New York State to do so, prosecution has become more common. Compounding matters, the crime he or she will face, New York Penal Law 265.03 (Criminal Possession of a Weapon in the Second Degree) is a “C” violent felony. Irrespective of your ignorance of the law or whether or not you had the intent to use the pistol or revolver in a violent way, the minimum sentence should you be convicted is three and one half years in state prison and the maximum is fifteen years in prison. This is the sentence for a first time offender.

Fortunately for Mr. Forsling, it is likely that his counsel convinced Queens prosecutors that although violent intent is not a necessary element of the crime charged, Mr. Forsling was and is a legitimate man with a legitimate out of state permit. There was no “evil” motive. Moreover, Mr. Forsling was not trying to conceal the weapon, but had it locked away properly and was attempting to check it with the airline. These factors certainly mitigated his otherwise innocent conduct (it is important to note, however, in New York State a firearm is considered loaded by law if it is capable of being loaded and the ammunition is not actually loaded into the weapon).

May 19, 2011

Legal Analysis of Shoplifting Arrests in New York City: Further Information on Getting Arrested without Exiting a Store

by Jeremy Saland

One of the first things you may have said to your criminal lawyer after getting a Desk Appearance Ticket for shoplifting in New York City is something along the line of “I didn’t even walk out of the store and the police arrested me for shoplifting! How can that be?!” While this is a fact based question and answer (where were you specifically, where was the property concealed if at all, did you bypass the cash register, etc.), there is also a purely legal view of this question and answer as well.

Because merely an arrest for shoplifting (New York Penal Law 155.25 and New York Penal Law 165.40) can have grave consequences on the careers of professionals such as teachers, financial services employees, lawyers and doctors, it is imperative that your counsel take the time to explain how it is legally possible to be convicted of shoplifting without ever stepping foot out of the store.

May 15, 2011

Dominique Strauss-Kahn, International Monetary Fund Chief, Arrested and Charged in New York Attempted Rape Case After Being Yanked from Paris Bound JFK Flight

by Jeremy Saland

Dominique Strauss-Kahn, head of the International Monetary Fund and potential candidate of the Socialist Party against French President Nicolas Sarkozy in the 2012 election, is to be arraigned in Manhattan Criminal Court on the charges of Attempted Rape in the First Degree (New York Penal Law 130.35), Criminal Sexual Act in the First Degree (New York Penal Law 130.50) and Unlawful Imprisonment in the Second Degree (New York Penal Law 135.05). Detectives had tugged Mr. Strauss-Kahn out of first class minutes before his Paris bound flight was to leave from JFK Airport. Depending the sources, it is alleged that Mr. Strauss-Kahn, also known as “DSK,” was in his room at the Sofitel in Manhattan when a maid entered the room believing nobody was there. It is further claimed through various media outlets that Mr. Strauss-Kahn forced a women into a room and attempted to lock her inside. During this time, Mr. Strauss-Kahn allegedly attempted to have intercourse and sex with the woman and successfully forced the maid to give him oral sex.

The Crimes Dominique Strauss-Kahn Faces in New York While Mr. Strauss-Kahn may be the biggest individual “fish” caught by the recently christened District Attorney Cyrus Vance, Jr., the crimes the accused faces are no different than if he was the average denizen of Gotham. Assuming the information above is accurate (this is an assumption as there has been no press release fired off by the Manhattan District Attorney’s Office as of yet), the crimes and potential punishment are as follows:

May 13, 2011

New York Computer Crime Defense Information: A Criminal Lawyer’s Review of NY PL 156.50

by Jeremy Saland

Computer crimes in New York City and throughout New York State are no longer the crimes of the future, but the crimes of today. New York criminal defense attorneys and prosecutors alike are seeing cybercrimes and computer crimes being perpetrated in new schemes and in more creative manners almost daily. Having said that, while the means by which computer crimes such as Computer Tampering, Computer Trespass, Unauthorized Use of a Computer and Unlawful Duplication of Computer Related Material are perpetrated, statutorily defined defenses have remained the same. To be clear, there are many ways your criminal defense attorney may ascertain the best defense against a criminal allegation, but in the realm of computer crimes there are specific defenses set forth in the New York Penal Law pursuant to section 156.50.

New York Penal Law 156.50(1)

May 8, 2011

$32,000 “Criminal” Bank Error: Client Avoids Prosecution After New York Detective Seeks Arrest for Grand Larceny

by Jeremy Saland

The New York Grand Larceny lawyers and former Manhattan prosecutors at Saland Law PC are pleased to announced that our client avoided both arrest and prosecution for allegedly stealing approximately $32,000 from a bank. Detectives in a New York City suburb had sought out our client for arrest after bank officials learned our client accessed an account that she did not have permission to utilize. During a few month period, our client allegedly withdrew tens of thousands of dollars.

Although a detective asked our client to surrender for her arrest, we argued that a bank error, and not fraud or theft on our client’s part, precipitated the alleged crime. In fact, we argued that her actions may not have been criminal. Specifically, the bank opened a sub-account under our client’s main account in error. There was no accusation that our client fraudulently opened the account or was involved in opening the account in any manner. One of our New York criminal lawyers argued that our client believed this was a line of credit or an account which she had permission to access. Fortunately, after discussions with counsel for the bank and with the detective, the bank agreed to withdraw any charges of Grand Larceny once our client paid back the money that she withdrew. Not only did our client avoid an acknowledgment of wrongdoing and an arrest for a “D” felony (New York Penal Law 155.35), but she circumvented any issues with her career and employment. Our client had faced up to two and one third to seven years in prison if arrested and convicted.

May 4, 2011

Big League Theft: New City Little League Treasurer Arrested for Alleged Embezzlement Exceeding $100K

by Jeremy Saland

The Rockland County District Attorneys Office has announced the arrest of Joyce Bidnick, a New City Little League volunteer. It is alleged that Ms. Bidnick, the league’s treasurer, had embezzled in excess of $100,000 over the course of nearly eight years. It is further claimed by prosecutors that Ms. Bidnick hid her alleged theft by falsifying records and invoices. Although it is not clear as to all the charges Ms. Bidnick is facing, a theft exceeding $50,000 is considered Grand Larceny in the Second Degree. Additionally, it would not be surprising if Ms. Bidnick was charged with other crimes including Falsifying Business Records in the First Degree. These two crimes are “C” and “E” felonies punishable by up to fifteen and four years in state prison respectively.

According to reports, Ms. Bidnick is being held in custody with bail in the amount of $100,000. It is not apparent at this time whether or not a Grand Jury has indicted her. The Grand Jury must indict her within six days of her arrest or a preliminary hearing must be held. If not, the court must release Ms. Bidnick if her attorney has not consented to certain legal procedures. Whether or not Ms. Bidnick is released, the District Attorney’s Office has six months to have a Grand Jury indictment and answer ready for trial (subject to many legal qualifications).

May 4, 2011

Manhattan DA: 10% “Construction Fraud Tax” Lands Lehr Construction Executives in Prosecutors’ Cross-hairs & Under Arrest

by Jeremy Saland

Manhattan District Attorney Cyrus Vance, Jr. continues to pursue white collar crime with equal passion as his predecessor, Robert Morgenthau. According to the New York County District Attorney’s Office, four Lehr Construction executives, as well as the company itself, were indicted by a New York County Grand Jury in connection to allegedly rampant fraud netting those executives in excess of $30 million. Approximately 14 months after Lehr Construction offices were raided, the police arrested Jeffrey Lazar, Todd Phillips, Steven Halper and Steven Wasserman to face a multi-count indictment that includes the “B” felony charge of Enterprise Corruption.

DA Vance and his lieutenants claim that Mr. Lazar, Mr. Phillips, Mr. Halper and Mr. Wasserman bilked subcontractors and clients by increasing alleged construction costs between 10 to 13 percent. This “over-invoicing” scheme was allegedly concocted by Lehr executives. According the the District Attorney’s Office:

May 4, 2011

Best Possible New York Forgery Defense Results: Thirteen Felony Counts of Criminal Possession of a Forged Instrument (NY PL 170.25) Dismissed in Brooklyn Court

by Jeremy Saland

Saland Law PC, a New York criminal defense firm, is pleased to announce the dismissal of all charges against a client accused of possessing fifteen forged, fraudulent and fake credit cards and gift cards. Moreover, our client was alleged to have possessed a credit card scanner. In total, our client was accused of thirteen counts of Criminal Possession of a Forged Instrument in the Second Degree (New York Penal Law 170.25), one count of Criminal Possession of a Forgery Device (New York Penal Law 170.40) and thirteen counts of Criminal Possession of a Forged Instrument in the Third Degree (New York Penal Law 170.20). If convicted our client faced up to seven years in state prison.

The police stopped the car where our client was a front seat passenger after they claimed the driver failed to signal. Upon stopping the car, the police demanded that our client exit the vehicle. At that point the police allegedly retrieved a credit card scanner as well as fifteen total credit cards and gift cards from the floor of the vehicle. The police claimed this was all in “plain view.” It was further alleged that the account numbers on the cards belonged to different account holders and were stolen. Furthermore, some of the cards had either our client’s name on them or the co-defendant driver’s name.

April 29, 2011

NYC Criminal Law & Defense Resource: New York Bribery Crime & Law Information Page

by Jeremy Saland

Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, has created a New York Bribery law and Bribery crime information page. The statutes in the New York Penal Law that address Bribery are New York Penal Law sections 200.00, 200.03 and 200.4. These crimes are Bribery in the Third, Second and First Degrees and are punishable by up to seven, fifteen and twenty five years in prison respectively.

It is important to note that in the realm of Bribery arrests, charges and indictments, there is often confusion by those not familiar with the criminal law in New York. First, Bribery, regardless of the degree, involves public servants and not private citizens. Second, if you pay a public servant for conduct he or she has already done, as opposed to paying to influence a future action, the crime is likely not Bribery. Instead, that crime is likely Rewarding Official Misconduct.

April 25, 2011

New York Criminal Lawyer Weapon Crime Information Page: Defining Weapons Specified Pursuant to New York Penal Law 265.01(1) & Potential Defenses

by Jeremy Saland

New York weapon possession lawyers and New York City criminal defense attorneys often have to contend with a penal code that can be voluminous and complicated. In the realm of weapon crimes, one statute may contain five, six or many more subdivisions with specifically defined words that are directly relevant as to whether or not a crime has been committed. Specifically, New York Penal Law section 265.01(1) or CPW 4, is littered with these subdivisions and defined terms. The following blog entry will deal directly with what types of objects constitute a weapon and ultimately a crime in New York regardless of the manner in which that weapon or object was used (if at all). These laws apply to weapon crimes and charges regardless of whether you were arrested and processed or issued a Desk Appearance Ticket.

New York Penal Law 265.01(1) makes it a misdemeanor crime anywhere in New York to possess certain “automatic weapons.” That is, if you merely possess any of the following items (its is not an exclusive list) you are guilty of an “A” misdemeanor punishable by up to one year in jail. Obviously, there may be a defense that you have – was the recovery of the gravity knife or switchblade knife the result of an illegal search or is the alleged weapon not in fact what the police claim? But barring a defense and other means of mitigation, there are serious ramifications for your possession in terms of both your criminal record and your career.