New York Criminal Lawyer Blog

May 18, 2009

NY Trespass Dimsmissed – Court Agrees with Criminal Defense Attorney – Complaint Facially Insufficient

A New York City criminal defense lawyer has successfully argued in Brooklyn Criminal Court that the pending Trespass charges, pursuant to Penal Law ､140.15, ､140.10(a) and ､140.05, against his client should be dismissed for facial insufficiency. The Brooklyn Criminal Court decision in People v. Darrell Weatherspoon, 2008KN076633, was published last week. For those readers who do not have access to this material, the New York criminal defense attorneys at Saland Law PC, will summarize this important legal decision for you.

By way of background, a person is guilty of Criminal Trespass in the Second Degree pursuant to PL ､140.15 when he knowingly enters or remains unlawfully in a dwelling. A person is guilty of Criminal Trespass in the Third Degree pursuant to PL ､140.10(a) when he knowingly enters or remains unlawfully in a building upon real property which is fenced or otherwise enclosed in a manner designed to exclude intruders. Lastly, a person is guilty of Trespass, a violation pursuant to Penal Law ､140.05, when he knowingly enters or remains unlawfully in or upon premises. A person enters or remains unlawfully in or upon premises when he is not licensed or privileged to do so.

May 14, 2009

Operation Plastic Pipe Line Busts Up Identity Theft Ring – Shola Enterprise Corruption Indictment Leads to Dozens of Arrests

by Jeremy Saland

As a NY criminal defense attorney and a former Manhattan prosecutor under Robert Morgenthau, I have defended or supervised numerous multi-million dollar investigations into Identity Theft, Credit Card Fraud, Forgery, Criminal Possession of a Forged Instrument, Grand Larceny, Falsifying Business Records and related fraud schemes. In fact, prior to starting Saland Law PC, I was assigned to the elite Identity Theft Unit when it was created by DA Morgenthau in the Manhattan District Attorney’s Office. In that capacity I received extensive training and hands on experience in the “trenches” and “front line” of Identity Theft and related crimes.

It comes as no surprise to me that another fraud scheme has reared its head and was ultimately broken up in Queens today. According to the Queens District Attorney’s Office, Operation Plastic Pipe Line began in 2007 and resulted in the multiple hundred count indictment for Enterprise Corruption and the arrest of dozens of people. It is alleged that this ring, led by Wole “Shola” Ogunwen, used multiple “cells” to defraud banks and steal the personal identification of thousands of people. In the last year alone, it is alleged that the financial loss exceeded twelve million dollars. To perpetrate the crime, these cells would use counterfeit credit cards, set up fake accounts, withdraw funds from banks and purchase products to be shipped overseas. With strong ties to Nigeria, it is further claimed that this ring operated on a global level.

May 14, 2009

Starting Your own Law Firm: Jeremy Saland to Speak at NYC Bar Association on Tuesday May, 19, 2009

by Jeremy Saland

Saland Law PC, is pleased to announced that Jeremy Saland, the treasurer of the New York City Bar Association’s Small Law Firm Committee, is one of the panel members scheduled to speak at 6:00 pm this Tuesday, May 19, 2009, at the NYC Bar Association. This three credit CLE forum will include small law firm and solo practitioners who have forged out on their own recently as well as years ago. A range of issues will be addressed including, tax considerations, financing a business, generating clients and ethical obligations. Not only will this discussion be informative, but it will give you the opportunity to meet people who are in the same situation as you or who have already made the jump.

If you are interested in attending, the NYC Bar Association’s website has more information.

May 13, 2009

Craigslist “Erotic Services” Going Down – Escort, Prostitution & Unlicensed Massage Getting Stripped from Service Section

by Jeremy Saland

Prosecutors, police and criminal defense attorneys in NY have known for a long time that prostitution, unlicensed massage, and other crimes relating to escort services have flourished on Craigslist. Due to pressure by numerous states and law enforcement agencies, Craigslist will no longer be permitting prostitution and escort services to be blatantly advertised on their website without scrutiny.

According to media reports, Craigslist executives informed Connecticut Attorney General Richard Blumenthal that the “erotic services” section would be removed in approximately one week and it would be replaced with an “adult services” section. Moreover, each advertisement will be reviewed by Craiglist to prevent the further proliferation of prostitution and escort related activities and materials.

May 12, 2009

Larceny By False Promise: Another Theory of Grand Larceny & Petit Larceny as it Relates to Your Criminal Defense

by Jeremy Saland

I previously discussed the various theories that top White Collar NY criminal defense attorneys may confront when representing their clients in a Grand Larceny or Petit Larceny Case. As previously noted, the theories could include Larceny by trespassory taking, trick or even extortion. In this entry, I will address a different theory of Larceny. That theory is Larceny by false promise.

According to NY Penal Law 155.05(2)(d), a “person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.”

May 8, 2009

One of the Best Ways to Beat Your Assault and Reckless Driving Case in NY – Challenge Facial Sufficiency

by Jeremy Saland

The top criminal defense attorneys in New York and New York City know there are many ways to “skin a cat” in order to achieve the best results for their clients in a criminal case. Sometimes we use “honey” and “sometimes” it is vinegar. A recent decision in Manhattan Criminal Court involving the charges of Assault in the Third Degree (Penal Law 120.00(1)) and Reckless Driving (Vehicle and Traffic Law 1212) strengthen the “vinegar” approach by adding another judicial decision to our criminal defense arsenal of cases to utilize in a client’s criminal defense.

In People v. Warmann DiPoumbi, 2008NY068631, decided April 28, 2009 and published in the New York Law Journal on May 7, 2009, a Manhattan Criminal Court Judge dismissed the charges of Assault and Reckless Driving based, in part, for facial insufficiency. The complaint alleged that the defendant drove through a stop sign without stopping. After the police stopped the defendant, the defendant opened the car door and the door struck the police officer causing “swelling and substantial pain.”

May 7, 2009

Saland Law PC – Another Major Criminal Defense Victory – Loaded Firearm Charge Reduced to Disorderly Conduct

by Jeremy Saland

The best criminal defense attorneys and lawyers know that the laws regarding Criminal Possession of a Weapon as it relates to loaded firearms, guns, pistols and revolvers in New York are some of the strictest and most severe in the nation. Unless you can either beat the case or work out a favorable disposition, if your are charged with Criminal Possession of a Weapon for possessing a loaded firearm outside your home or place of business and you do not have a permit to do so…you will face a minimum of 3.5 years in prison if convicted. It is just that simple.

Fortunately, the NY criminal defense lawyers and former Manhattan prosecutors at Saland Law PC have handled a significant number of these cases from both the defense and law enforcement side giving us a unique perspective on weapon crimes. This experience and knowledge was recently put to the test for the second time in as many weeks and once again we got a tremendous result.

May 3, 2009

NY Criminal Defense and Your DWI: Avoid a Conviction by Retaining an Experienced Criminal Defense Attorney

by Jeremy Saland

In a report recently released by the New York State Division of Criminal Justice Services, nearly 96 percent of all Driving While Intoxicated (DWI) arrests in New York over the past three years resulted in a conviction. With this type of conviction rate it is clearly imperative that you retain experienced and skilled criminal defense attorneys who know how to handle DWI and DUI crimes. The criminal defense lawyers at Saland Law PC, are former Manhattan prosecutors who served under Robert Morgenthau and have prosecuted as well as defended these matters.

Having experienced criminal counsel is crucial because last year In New York City alone the police made approximately 10,000 DWI arrests. According to the report, DWI convictions in Manhattan were the worst throughout the city with “only” a 75 percent conviction rate. Although jail time is permitted by law, a fraction of those individuals convicted of DWI or DUI served any jail time.

April 30, 2009

Bend Your MetroCard and Go to Jail: NY’s Highest Court Says Forgery & Forged Instrument Crime

by Jeremy Saland

There was never any real dispute amongst criminal defense attorneys that in New York State or NYC if you possess or make a fake ID, counterfeit money or fraudulent credit cards you may be charged with Forgery or Criminal Possession of a Forged Instrument. Heck, you could get arrested for Forgery or Criminal Possession of a Forged Instrument in New York if you sign another person’s name on a check without their permission. In fact, you could even be charged with Identity Theft.

Well, the Court of Appeals, New York’s highest court, just issued a decision today that confirms what the criminal defense attorneys at Saland Law PC have blogged about in the past. That is, possessing, bending or manipulating a MetroCard to gain free access to the subway system in NYC is also Criminal Possession of a Forged Instrument or Forgery. You heard it right…you can be charged with a felony offense punishable by up to seven years in state prison.

April 30, 2009

Tyra Banks’ Stalker Convicted: Facing 90 Days Jail – But Remains Free

by Jeremy Saland

His criminal defense clearly did not work. Without a jury, he rolled the dice with a judge who didn’t buy it. Brady Green, the man convicted for stalking Tyra Banks in Manhattan Criminal Court, faced 90 days in jail, but ultimately kept his freedom.

The Manhattan District Attorney’s Office initially charged Mr. Green with Stalking in the Second Degree, an “A” misdemeanor punishable by up to one year in jail. At some point prior to trial the prosecutors reduced or dismissed the top count leaving the top charge as as Stalking in the Third Degree. This charge, a “B” misdemeanor, is punishable by up to 90 days jail. As a former Manhattan prosecutor and a NY criminal defense attorney experienced in these crimes, it is likely the reduction was done for one of two reasons.