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One of the more common violent crimes charged in New York is Criminal Possession of a Weapon pursuant to New York Penal Law sections 265.01, 265.02 and 265.03. While the lower level weapon crimes often relate to the possession of knives or similar instruments (gravity knives and switchblades), the more serious weapon crimes usually relate to the possession of a “firearm.” Obviously, because they do not reside here, many out-of-state residents who travel to New York are unfamiliar with the strict gun and weapon laws in New York City. Unbeknown to them, even bringing their duly licensed pistol, revolver or handgun from their home state into New York will result in an arrest for possession of that firearm. Sadly, gun owners who legally possess their weapons out of state are routinely arrested in New York City airports (Queens County) such as LaGuardia Airport or John F. Kennedy (JFK) Airport. What was an innocent mistake is now a serious felony punishable in most circumstance by a mandatory minimum of 3.5 years in state prison.

Just like other areas of law, New York weapon and gun laws have their own terms, definitions and legal decisions. In other words, while you might think your gun is not loaded because the ammunition is not in a magazine or cylinder of a gun, the gun is actually loaded in the eyes of New York law because the firearm is capable of being loaded. Another term that causes some confusion, but is critically important to understand, is what constitutes a “firearm” in New York.

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Elizabeth Crotty, a New York criminal defense attorney and former Manhattan prosecutor at Saland Law PC, was a key contributor in a New York Times article regarding the Manhattan District Attorney’s Office’s Early Case Assessment Bureau (ECAB). Often called the “Complaint Room,” ECAB is staffed by prosecutors who assess police arrests in Manhattan and make the ultimate charging decisions. The author of the article addressed some of the issues associated with ECAB and the interactions with prosecutors, police and detectives when cases are being drafted. More specifically, the article addressed recent criminal charges against two police officers and the apparent communication problems when interviews and debriefings are done over the phone as opposed to in person. The article and Ms. Crotty further examined whether problems were based in “miscommunication” or whether, at times, the police give the wrong information or even lie.

Saland Law PC is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal defense lawyers at Saland Law PC represent clients throughout the New York City region.

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The New York white collar criminal defense attorneys at Saland Law PC are pleased to announce that after months of dedication and advocacy, a client accused of felony Grand Larceny embezzlement obtained a misdemeanor without jail or probation. Prosecutors had alleged that our client embezzled in excess of $25,000.00 by skimming and pocketing transactions from his employer either by overcharging transactions and pocketing the amount or by conducting transactions for cash. If convicted of Grand Larceny in the Third Degree , pursuant to New York Penal Law 155.30, our client faced up to seven years in state prison.

While each case is unique and requires its own legal and practical assessment, Saland Law PC has had tremendous success and results representing clients accused of felony fraud, thefts and embezzlements. In fact, our New York white collar criminal defense lawyers have represented numerous clients accused of “White Collar Light” crimes alleging Grand Larceny, Falsifying Business Records, Forgery or related crimes ranging from less than $10,000.00 to well north of $50,000.00. Even more significant than these crimes, the criminal defense attorneys at Saland Law PC have successfully avoided prosecution and kept clients from jail in more serious White Collar allegations of Tax Fraud and Grand Larceny in the multiple millions of dollars.

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Make no mistake. If you do not show up to court in New York on the date you are required to do so, a Bench Warrant will be issued. Simply put, a judge will issue an order for your immediate arrest and return to court. While the following is not to be construed as advice for your particular set of facts and you should consult with a New York criminal defense attorney in the event a Bench Warrant has been issued in your case, this blog entry will address potential crimes that you may encounter and means by which to minimize the damage you may have caused by not going to court as you were required.

Unfortunately, the law sees no difference between the person who fails to return to court because they forgot the return date, were out of the state or just didn’t feel like showing up. If your New York criminal defense lawyer is advised beforehand that you will not be present and he or she can corroborate the reason why (assuming it is legitimate), often times a Bench Warrant can be avoided. However, if you merely fail to show up as indicated above, it is highly likely a Bench Warrant will be issued for your arrest and return.

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As a New York criminal defense attorney / lawyer and a former Manhattan prosecutor, I have heard both defendants and clients often assert the same defense when they are either arrested or issued a New York Desk Appearance Ticket for shoplifting (New York Penal Law 155.25 or 165.40) in Manhattan, Brooklyn or anywhere else in New York City. This argument usually centers around the fact that when they were arrested or stopped they had yet to leave the store. In other words, individuals charged with shoplifting will argue that their arrest was not merely premature, but baseless.

Criminal cases can essentially be broken down to issues of fact and issues of law. An issue of fact might be whether or not you passed by a cash register, where the items were allegedly concealed or what you said to security or the police when you were stopped. An issue of law is whether or not a complaint drafted against you is facially sufficient or whether that statement you made to the police was taken in violation of your rights. Regardless of the issue, whether it is fact or law, arguments made with prosecutors often follow.

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According to reports, Francisco Rodriguez, a/k/a “K-Rod,” a New York Mets’ pitcher and closer, was arrested at Citi Field (Mets Stadium) and charged with Assault in the Third Degree (New York Penal Law 120.00). Police arrested K-Rod after he allegedly struck his father-in-law who ultimately suffered a scrape on is face and swelling above his eye. Rodriguez was kept in police custody and held over night. He is scheduled to be arraigned sometime today. This is the second high profile case handled by the Queens District Attorney’s Office in the past few days after the arrest of Steven Slater, the JetBlue flight attendant.

Assault in the Third Degree is an “A” misdemeanor punishable by up to one year in jail. Generally, one is guilty of this crime if one intentionally causes physical injury or substantial pain to another person. Often time in cases where the injury is minor, police will issue a New York Desk Appearance Ticket as opposed to putting someone through the system. However, in criminal cases involving family members (“domestic violence”), Desk Appearance Tickets are not issued.

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I previously assessed, albeit briefly, the possible criminal charges that JetBlue flight attendant Steven Slater might face in Queens County for opening the emergency door and sliding onto the tarmac. These offenses included the misdemeanors of Reckless Endangerment in the Second Degree, Criminal Mischief in the Fourth Degree and Criminal Trespass in the Third Degree. Unfortunately for Mr. Slater, it appears as if the Queens District Attorney’s Office has not merely charged him with misdemeanors after his arrest stemming from the JFK incident. Instead, they have thrown something more serious against the wall hoping that it will stick. Mr. Slater now faces Reckless Endangerment in the First Degree and Criminal Mischief in the Second Degree. Both of these crimes are “D” felonies punishable by up to seven years in prison.

Reckless Endangerment in the First Degree Charged with Reckless Endangerment in the First Degree (New York 120.25), Mr. Slater’s actions must be more wanton than Reckless Endangerment in the Second Degree (New York Penal Law 120.20). In fact, the standard for that crime is that Mr. Slater must have acted with “depraved indifference to human life” and recklessly created a “grave risk of death to another person.”

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Jet Blue flight attendant (or possibly former flight attendant) Steven Slater was arrested yesterday after he allegedly insulted passengers on a Jet Blue flight from Pittsburgh. After allegedly having a heated conversation with a passenger, Slater popped open a cabin door, grabbed a beer, tossed his luggage down the inflatable shoot and slid down after them. Prior to his departure it is further alleged that he had some choice words for the JetBlue Passengers. The plane was in the process of unloading.

Although Mr. Slater’s actions, if true, are certainly peculiar at a minimum and hazardous at worst, what is the crime here? Is the Queens County District Attorney’s Office fishing for a serious offense to send a message to future would be felonious flight attendants?

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In a far too common storyline, Manhattan District Attorney Cyrus Vance, Jr. is using a press release as his sword to tell the tale of a 28 year old man alleged to have defrauded at least a half a dozen Haitian men and women in an immigration scam. According to prosecutors, Marc Payen either claimed he was associated with the United Nations (UN) or was an immigration attorney who could assist Haitian immigrants with obtain residency through green cards or other documents. It is alleged that between 2009 and 2010, Mr. Payen defrauded these people out of $12,500 while never assisting them in legalizing or obtaining proper status in the United States. When these people asked for confirmation or receipts it is alleged that Mr. Payen provided fraudulent United States Citizenship and Immigration Services forms. Compounding matters, despite Mr. Payen’s alleged legal work, Mr. Payen was and is not an attorney.

A 23 count indictment charged Mr. Payen with crimes including Grand Larceny in the Third Degree, Forgery in the Second Degree, Criminal Possession of a Forged Instrument in the Second Degree, Scheme to Defraud in the First Degree, and the Unauthorized Practice of Law. Grand Larceny in the Third Degree, Forgery in the Second Degree and Criminal Possession of a Forged Instrument in the Second Degree are each “D” felonies punishable by up to seven years in prison while Scheme to Defraud in the First Degree and the Unauthorized Practice of Law are both “E” felonies punishable by up to four years in state prison.

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It is extremely atypical to hear of a case where the accused has waived his right to remain silent, told his story to the police or the prosecutor without legal counsel and later walked away unscathed. Although a generalization, this type of behavior often assists law enforcement in making an arrest, or in worse scenarios, obtaining an indictment or conviction. Certainly, your statement may be valuable and be exculpatory (shows your innocence). However, a simple inconsistancy, inadvertant misrepresentation or otther error that you lock yourself into can cause tremendous trouble down the road. If you are able, talking to your New York criminal defense lawyer is something you should do before taking matters into your own hands.

Generally, you must be read your “rights” where the police or a prosecutor have you in custody and are interrogating you. Seems fairly simple, right? Unfortunately, there are a litany of cases determining what “custody” and “interrogation” means. Unfortunately, for one individual, his chatter with a police officer while he was arrested in a precinct did not render his damming statement illegal.

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