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Saland Law PC, a top New York criminal defense firm based in Manhattan, is pleased to announce that once again one of our criminal defense attorneys has been sought out for his perspective and expertise regarding a current legal matter. Over the past year, our criminal defense lawyers have been featured on the CBS Evening News, Sports Illustrated Online, New Jersey Times-Ledger, AM-NY, Vault.Com and Associated Press. Jeremy Saland, one of our criminal defense lawyers and a former Manhattan prosecutor, commented on the devastating and horribly sad incident involving Diane Schuler. Specifically, the Associated Press questioned why the family now challenges the medical examiner’s findings that Mrs. Schuler had a significant amount of alcohol and some drugs in her system. As most of the public is aware, Mrs. Schuler’s alleged drunk driving along New York’s Taconic State Parkway resulted in the death of her child, her nieces and three men in another vehicle. Mr. Saland explained that it was highly unlikely any criminal charges would be brought against Mrs. Schuler’s husband. Yet, it is likely that the family is challenging the findings by the medical examiner for two main reasons. The first may stem from their concerns that Mrs. Schuler’s estate and assets may be subject to damages on a civil suit in the event one is commenced. Although insurance may cover those damages, if the family can dispute the findings of the medical examiner and establish that the accident was the result of an unknown medical condition, for example, the family may be able to defend against a potential law suit. Moreover, the family also would like to clear their name and dispute the findings that Mrs. Schuler callously killed her daughter, nieces and three other men while driving drunk.

Regardless of the outcome, this incident is one of the saddest stories in recent history and a wake up call to anyone who would consider getting behind the wheel of a car while intoxicated.

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NY Criminal defense attorneys are confronted regularly with the reality that possessing or selling “drugs” can mean vastly different things depending on the substance. The disparity between possessing and selling marijuana and controlled substances such as cocaine, crack and heroin is enormous even though the NYS legislature recently eased the Rockefeller Drug Laws. Clearly, and arguably correctly, the legislature has deemed Criminal Possession or Criminal Sale of Marijuana (“Marihuana” in the statute), pursuant to NY Penal Law sections 221.10 and 221.40, as less dangerous or harmful to public safety than Criminal Sale of a Controlled Substance pursuant to NY Penal Law 220.39 and 220.44.

A great example of this disparity is illustrated in the following scenario. If you are arrested and a small bag of marijuana clearly for personal use is recovered from your pant pocket, you will like face the charge of Unlawful Possession of Marijuna. Baring the amount of marijuana exceeding twenty five grams, a charge of Unlawful Possession of Marijuana is a violation and not a crime. While it is possible to be sentenced up to fifteen days in jail, if it is your first offense you are eligible to receive a Marijuana ACD. If that is the disposition, then in one year the case would be dismissed and sealed assuming you did not get into any further trouble. In the alternative, even if you were convicted of the Unlawful Possession of Marijuana, you would not have a criminal record as a result.

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Las Vegas is a lot of fun, but according to the Queens County District Attorney’s Office, what happens in Vegas, stays…out of Queens. According to the Queens District Attorney’s Office, thirteen men were arrested and indicted for charges relating to gambling including Enterprise Corruption, Promoting Gambling in the First Degree, Money Laundering in the Third Degree and Conspiracy in the Fifth Degree. If convicted of Enterprise Corruption, the defendants face up to twenty five years in prison.

According to the Queens DA’s Office, the 86 count indictment alleges that the defendants ran an offshore wire room in Costa Rica which was accessible through a toll free number as well as a website – www.perfectwager.com. Bets were placed as low as $200 and as high as $4,000 for a single game.

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Now that the Manhattan Grand Jury has voted an indictment in the gun possession case against Plaxico Burress, Burress and his attorney only have a few ways for him to avoid any jail at all. While this is a highly unlikely scenario (like any New Orleans Saints team winning the Super Bowl), outside of “jury nullification,” some legal analysts and attorneys believe that another means for Burress to attack the Criminal Possession of a Weapon charge can be found in the United States Supreme Court’s decision in District of Columbia v. Heller. In that decision, the United States Supreme Court found that individuals had a constitutionally protected right based in the Second Amendment to possesses firearms even if a local DC ordinance implementing a ban on guns said otherwise. Sounds great for Burress, right? Well…not so fast.

The United States Supreme Court decision in Heller slapped down a particular ordinance in the District of Columbia that amounted to a ban on arms. As noted in a decision published today in People v. Kenneth Kirby, a Suffolk County District Court judge found that:

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Robert Morgenthau has a well coached team. He certainly had an advantage out of the gate with a lot of “Division I” prosecutors. When it came time to hit the field, his pass rush was relentless and his secondary was all over Plaxico Burress. In fact, Burress didn’t stand much of a chance of corralling in the “long ball” of “jury nullification.” Did Burress fumble before a Manhattan Grand Jury or was his quarterback sacked before he could toss the ball the distance of the field? I don’t know. I wasn’t there. Regardless, the Manhattan District Attorney’s Office has a “Giant” lead going into the fourth quarter and I don’t believe that Burress will display any game winning heroics.

So what happened? What kind of second half should we expect?

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Whether you are arrested and charged with Petit Larceny (NY Penal Law 155.25) or Criminal Possession of Stolen Property (NY Penal Law 165.40) for shoplifting, you need to consult with a New York criminal defense attorney about People v. Lai Lee. It does not matter if you have been issued a Desk Appearance Ticket (DAT) or you have already been arraigned by a judge. Moreover, it does not matter where in New York City your case is pending from Manhattan Criminal Court at 100 Centre Street to Brooklyn Criminal Court at 120 Schermerhorn Street. What matters is that you put yourself in the best position possible to protect your rights and integrity by consulting with an experienced criminal defense lawyer about your case and whether certain legal decisions, such as ruling in People v. Lai Lee, may be used in your defense.

In a recent decision dated July 2, 2009, a Manhattan Criminal Court judge dismissed the shoplifting, Petit Larceny and Criminal Possession of Stolen Property charges that the defendant faced. The complaint alleged that a store investigator observed the defendant remove a handbag, tights and other clothing by “placing said items inside the defendant’s bag.” The defendant then walked past multiple open registers and moved to another floor of the store without paying for the items. The defendant was stopped and investigator recovered just under $1000 worth of clothing from the defendant’s handbag.

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The Manhattan based criminal defense law firm, Saland Law PC, is pleased to announce that Sports Illustrated Online and the Vault.Com have once again sought out one of our criminal defense attorney’s insight regarding Plaxico Burress’ gun possession case (Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03). Jeremy Saland, one of the criminal defense attorneys, drafted two articles for the Vault.Com regarding the Grand Jury proceeding in general as well as an analysis of Mr. Burress’ decision to testify before that body. Moreover, CNNSI.Com utilized Mr. Saland’s experience as a former Manhattan prosecutor and criminal defense attorney in their piece on Plaxico Burress as well.

Saland Law PC is a criminal defense firm representing clients throughout the NYC area for white collar and violent crimes. Started by two former Manhattan prosecutors, Saland Law PC utilizes the experience they have from both sides to zealously advocate for their clients, develop legal strategies and implement their clients’ defenses.

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Your family is looking for an experienced New York City criminal defense lawyer because you are alleged to have followed someone around for a few hours intimidating them. You threatened to strike someone with a bat and severely hurt them. Although shots were not fired, you threatened another person with a firearm and placed him in fear for his life. While each of these sets of facts may establish numerous crimes, all of them may establish some degree of Menacing in the First, Second or Third Degrees pursuant New York Penal Law 120.15, 120.14 and 120.13 as follows:

NY Penal Law ､ 120.15

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As I type, it is likely that Plaxico Burress is sitting in a Manhattan Grand Jury testifying about the events that ultimately resulted in his arrest for possessing a loaded firearm in New York and being charged with Criminal Possession of a Weapon in the Second Degree. As a former Manhattan prosecutor who served for seven years under Robert Morgenthau and who has cross-examined many defendants in the Grand Jury and represented clients in the same, I have unique insight that many New York criminal defense attorneys do not. The following entry will address some of what happens in this “secret proceeding.”

What is the Grand Jury

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Saland Law PC has been following the Plaxico Burress case since its inception. In fact, Jeremy Saland’s legal analysis has been sought out and utilized by CNNSI.Com, AM-NY and the NJ Star Ledger. Well, according to the NY Post, legendary Manhattan DA Robert Morgenthau is seeking a term in state prison for Plaxico Burress while one of his prosecutors begins presenting the wide receiver’s Gun Possession case to the Grand Jury. Mr. Burress is due back in Manhattan Criminal Court Part F on September 23. If a Grand Jury indicts Mr. Burress for the charge of Criminal Possession of a Weapon in the Second Degree for possessing a loaded firearm, however, the case will be adjourned to the Supreme Court Criminal Term in Manhattan for his felony arraignment on the indictment.

If the NY Post is correct, Mr. Morgenthau has been seeking two years of state prison while the defendant’s attorney has stated Mr. Burress refused to do more than a year on Riker’s Island (which would likely be much less due to “good behavior”).

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