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There is little doubt that if your home is the target of a search warrant in New York, you, as the homeowner or tenant who resides there, would have the standing or ability to challenge a search warrant executed at that premises. However, one factor that may change the dynamic of this equation is where you (again, as the homeowner who resides there or tenant who lives there) are prevented from temporarily entering or living in the premises due to an order of protection or restraining order. The obvious question then becomes, what rights or standing, if any, do you have to challenge a search of that premises pursuant to a search warrant where there is an existing order of protection keeping your from that location?

Regardless of the fruits of that search, i.e, whether the police find drugs, guns, etc, decisions have not been favorable to those who are barred from a particular premises even if they are the owners. In fact, in a recent decision from October 20, 2009 in Kings County (Brooklyn) Supreme Court, a judge found that “the defendant has no standing to challenge the validity of the search warrant since the court issued a full Order of Protection for the victim and her son.” People v. Dorcinvil

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It often takes the trained criminal eye of a New York criminal defense attorney or lawyer to locate and assess the nuances between similar statutes. Deciphering the language between similar statutes could mean the difference between facing a misdemeanor or a violent felony. One example of this found in statutes relating to Kidnapping and Unlawful Imprisonment. Although each of these statutes have their own unique language, at a basic level the difference between Kidnapping (NY Penal Law 135.20 and 125.25) and Unlawful Imprisonment (NY Penal Law 135.05 and 135.10) hinges on two key words defined by statute and interpreted by case law. Those key words are “restrain” and “abduct.” Today’s entry will address the general definitions applicable to Kidnapping and Unlawful Imprisonment. Additionally, I will give an overview of the crimes of Unlawful Imprisonment in the First and Second Degrees. At a later date I will analyze the Kidnapping statute under New York State law.

､ 135.00 Unlawful Imprisonment, Kidnapping and Custodial Interference; definitions of terms

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A drink sounds a lot better than the “clink,” right about now for two people charged with Bribery in the Third Degree, a class D felony, and Attempted Grand Larceny in the Third Degree, a class E felony. It is alleged that Annie Guerrero and Maria Elena Nunez got caught up in a fraudulent scheme nearly a year ago, but only landed themselves in court for the first time today.

According to the Manhattan District Attorney’s Office, the alleged partners in crime were also foes:

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Although the Rockefeller Drug Laws have certainly eased over the years, New York Criminal defense attorneys and their clients must have a working knowledge as to the law involving legal presumptions and Criminal Possession of a Controlled Substance. While often times the police allegedly observe a sale or the actual possession, New York’s Penal Law permits certain presumptions that the accused possessed the drugs in question. These presumptions are narrowly construed, but may be applicable in your case depending on the facts and circumstances. Whether the drug is cocaine, heroin or crack, the following presumptions apply:

220.25 Criminal Possession of a Controlled Substance; Presumption:

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Issuing a False Financial Statement, pursuant to New York Penal Law 175.45, is certainly not the most severe crime amongst its brethren in the arena of white collar crimes, but one that has serious ramifications beyond the criminal context. First of all, this crime is often associated with or is a part of a larger scheme. Therefore, you may not merely find yourself being investigated for or charged with Issuing a False Financial Statement, pursuant to New York Penal Law 175.45. Other crimes may be lingering right around the corner. However, before addressing those other crimes, let me present the statute of Issuing a False Financial Statement so you have a general understanding of the law.

Issuing a False Financial Statement New York Penal Law 175.45:

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A Manhattan building manager has managed to get himself into hot water with the Manhattan District Attorneys Office. According to Robert Morgenthau’s prosecutors, Mark Modano, of Mark Modano LLC, was arrest and indicted in connection to an alleged five year fraud beginning in 2003 and ending in 2008. It is alleged that during this period Mr. Modano siphoned $1.3 million from clients for his own personal use.

Charged with three counts of Grand Larceny in the Second Degree (NY PL 155.40), a class C felony, three counts of Grand Larceny in the Third Degree (NY PL 155.35), a class D felony and one count of Scheme to Defraud in the First Degree (NY PL 190.65), a class E felony, Mr. Modano faces up to 15, 7 and 4 years respectively if convicted.

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Whether you were arrested or issued a New York Desk Appearance Ticket (DAT) for Shoplifting pursuant to New York Penal Law sections 155.25 (Petit Larceny) or 165.40 (Criminal Possession of Stolen Property), the legal standard is the same. Regardless of the crime, police officers in New York City and throughout the state, must have probable cause to arrest you. If not, your criminal defense attorney or lawyer must file a motion for the dismissal and to request a Dunaway hearing (other hearings might be applicable as well). Beyond this basic legal right that you have to prevent unlawful arrests, there are other factors that should be addressed by your criminal defense attorney. The following is a brief analysis of one of such factor.

According to People v. Olivo, 52 N.Y.2d 309, 310 (1981), the Court of Appeals, New York’s highest court, has found that in order to sustain a conviction for shoplifting, one’s actions must be “wholly inconsistent with the rights of the owner.” Taken further, the Court of Appeals found that “[i]f a customer exercises dominion and control wholly inconsistent with the continued rights of the owner, and other elements of the crime are present, a larceny has occurred.”

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According to a report, Martin Berres, a 62 year old New Yorker, has allegedly ripped off his internet lovers for multiple hundreds of thousands of dollars. Arrested yesterday, Mr. Berres is scheduled to return to court November 27th where he faces one count of Grand Larceny in the Second Degree, a class “C” felony, punishable by up to 15 years in state prison.

Mr. Berres allegedly met two women on JDate, a Jewish internet dating website. One of those women was allegedly victimized by Mr.Berres earlier this month when her 7-carat diamond necklace was stolen. The police believe Mr. Berres not only stole that necklace from her apartment, but sold the $50,000 piece of jewelry for $11,000. Additionally, the Manhattan District Attorney’s Office may be investigating whether Mr. Berres perpetrated the crimes of Identity Theft, Forgery, Falsifying Business Records and Grand Larceny when a girlfriend’s bank account and credit card was emptied and used to the tune of $360,000. Earlier this year, according to a report, Mr. Berres stole a girlfriend’s identification and withdrew $10,000 from her Chase bank account.

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While you shouldn’t need a NY criminal defense attorney to tell you it is a bad idea to get behind the wheel of a vehicle in New York State (or any state for that matter) after having consumed alcohol, Saland Law PC has provided our readers with a tool that can assist them in understanding how much alcohol one must consume before one is legally intoxicated. In New York, that legal level to sustain a conviction for Driving While Intoxicated (DWI /DUI) is .08. However, even if one’s BAC is not recorded, courts can still find one guilty under the “Common Law” DWI / DUI statute that is satisfied through observations of drunkenness on the part of a police officer.

The tool linked on our DWI / DUI web page, should not be used as a means to guide you as you are drinking to ascertain whether you are “ok” to drive. There are too many factors that need to be taken into consideration and in no way will this calculator give you an exact determination of your BAC. Under no circumstance should it be relied on for that purpose. Instead, the calculator is a means to get a general understanding of the relationship between your weight, type of alcohol, amount of alcohol and time of consumption on your BAC.

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The Brooklyn District Attorney’s Office has announced that along with the 105 count indictment against Watson Joachin and Ryan Woodard for Criminal Possession of a Weapon and Criminal Sale of a Firearm, the NYPD has taken 56 guns off the streets of New York.

According to to the Brooklyn District Attorney’s Office:

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