New York Criminal Lawyer Blog

May 13, 2009

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

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.

April 27, 2009

NY Criminal Defense Firm Saland Law PC Legal Analysts for CBS Evening News Madoff Coverage

by Jeremy Saland

The New York white collar criminal defense firm of Saland Law PC has once again been sought out for our experience and knowledge as criminal defense attorneys and former Manhattan prosecutors. On Friday, April 24, 2009, the CBS Evening News with Katie Couric interviewed Elizabeth Crotty in reference to the Bernie Madoff case. Specifically, the interview addressed the different ways to defend and represent Frank DiPascali, Bernie Madoff’s “lieutenant” and CFO.

Whether we have been sought for our legal insight by CNNSI.Com in reference to the Plaxico Burres gun possession case, the AP, Times-Ledger, AM NY or the CBS Evening News, we at Saland Law PC always practice what we preach. That is, we know that the key to your criminal defense stems from our attorneys’ advocacy and the partnership shared with our clients.

April 27, 2009

Endangering the Welfare of an Incompetent or Physically Disabled Person: NY Does Not Require an Intent to Injure

by Jeremy Saland

Recently, a Queens County Criminal Court Judge in People v. Gloria Johnson-Noble, 2008QN038495, denied a defendant’s motion to dismiss the criminal charge of Endangering the Welfare of an Incompetent or Physically Disabled Person. Through her criminal defense attorney, the defendant, a certified nurses assistant, had argued that although the accusatory instrument set forth that she struck an 86 year old woman with dementia on her arm and face, she did not have the intent to injure her.

According to NY Penal Law ､260.25, a person is guilty of Endangering the Welfare of an Incompetent or Physically Disabled Person when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.

April 23, 2009

Tremendous Criminal Defense Victory: NY Gun Possession Dismissed – Client Receives ACD

by Jeremy Saland

When you are charged with Criminal Possession of a Weapon for possessing a revolver, pistol, gun or other firearm, you need your NY criminal defense attorney to fight relentlessly for you. Sometimes that “fight” may be more creative than adversarial, but the best criminal defense lawyers must persevere on behalf of their clients regardless of the case. As NY criminal defense attorneys and former Manhattan prosecutors, we at Saland Law PC know this because we have successfully fought for our clients under the harshest circumstances. Not only have our clients benefited as a result of our knowledge and experience, but Saland Law PC has been sought out by CNNSi.Com, the Times-Ledger and the AM NY as legal analysts on the crime of Criminal Possession of a Weapon. Practicing what we preach and utilizing our experience, Saland Law PC is pleased to announce that we obtained an Adjournment in Contemplation of Dismissal for our client who was charged with Criminal Possession of a Weapon.

Our client faced the charge of Criminal Possession of a Weapon for possessing a loaded firearm in NYC. The complaint was very strong in that it was alleged that our client personally possessed both the revolver and the ammunition. Knowing that our client would face a minimum of 3.5 years in state prison if he was convicted, we put together an extensive “package” for the prosecution detailing many factors that should, and did, mitigate the severity of the offense and even the culpability of our client. We did so in an expedient manner and reached a disposition with the District Attorney’s Office by the first adjournment after our client was arraigned in criminal court. Not only were we able to obtain a tremendous disposition on his behalf (the case is to be dismissed and sealed), it was completed quickly so that our client could put the incident behind him and move on with his life and career. Equally if not most importantly, our client’s freedom remained intact.