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Whether you are alleged to have committed a Grand Larceny theft in excess of $50,000 or a Petit Larceny shoplifting, your NY White Collar criminal defense attorney knows that if the prosecution does not establish each element of the crime, the case should be dismissed. Recently, a New York State Supreme Court Justice in Nassau County followed this rule when it dismissed four counts of Grand Larceny and one count of Scheme to Defraud against a defendant in connection to New York State’s Lien Law.

In People v. Bryan Hateau , 2492N-2008, the defendant had received checks from his clients, homeowners, that he deposited legally in his business account. Those monies were held in trust funds and were to be forwarded on behalf of various clients within 31 days to sub-contractors. The evidence before the Grand Jury established that this was not done. Unfortunately for the prosecution, the evidence before the Grand Jury did not establish that the defendant misappropriated those funds.

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NY criminal defense attorneys and their clients should take notice. Recently, New York County (Manhattan) Criminal Court Judge Elisa S. Koenderman rendered a decision in People v. Carlos Rivera, 2008NY031540, finding that it is not sufficient to support a charge of Criminally Using Drug Paraphernalia in the Second Degree (New York Penal Law 220.50[2]) where the drug in question is marijuana. In other words, the criminal intent must relate to narcotics or stimulants. Marijuana is neither type of contraband. Although the decision is applicable only in the realm of the charge of Criminally Using Drug Paraphernalia, this decision is one that experienced New York criminal defense attorneys and criminal defense law firms, such as the former Manhattan prosecutors of Saland Law PC, should add to their arsenal.

In the instant matter, the complaint alleged that the police arrested the defendant after they found one plastic bag containing marihuana, a scale and over fifty small ziplock bags in his apartment. Additionally, the defendant admitted the contraband was his.

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I have blogged extensively on the criminal law and specifically as it relates to New York criminal defense and the charges of Grand Larceny and Criminal Possession of Stolen Property. In fact, as criminal defense attorney at Saland Law PC and a former Manhattan prosecutor, I have successfully handled these crimes more times than I can count. In the past year alone, I represented two clients in Manhattan Supreme Court both of whom avoided jail. One of those individuals was alleged to have stolen multiple millions of dollars while the other was alleged to have stolen property valued in the multiple tens of thousands of dollars. While the charges may be the same – Grand Larceny – each crime and each person accused requires a unique and individualized plan of attack to analyze and implement a formidable defense. These crimes are not going away any time soon.

Only yesterday, the Manhattan District Attorney’s Office announced the indictment of Richard Garaventa, Jr. for stealing $2,514,519 from his former employer, Morgan Stanley. Mr.Garaventa is accused of issuing fifty checks that he ultimately funneled back to himself for a period of approximately seven years. The checks ranged in value from about $8,000 to over $70,000. Mr. Garaventa is charged with Grand Larceny in the First Degree, Criminal Possession of Stolen Property in the First Degree and Falsifying Business Records in the First Degree.

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Having been prosecutors in the Manhattan District Attorney’s Office for a combined fourteen years, the NY criminal defense attorneys at Saland Law PC have experienced a vast number of the offenses from Disorderly Conduct, Forgery and Grand Larceny to Burglary, Kidnapping and Assault. While our experience and knowledge is a tremendous asset for our clients, we always encourage our clients to educate themselves on the criminal law as well. There is little doubt that having a basic understanding of New York criminal law is the best defense to keep you from getting in trouble in the first place.

One particular crime that is somewhat common is the crime of Burglary. When many people think of Burglary, they don’t recognize how easy it is to get caught up in one of the most serious violent crimes. Depending on the level of the offense, Burglary ranges from a “D” felony punishable by up to seven years to a “B” felony punishable by up to twenty five years in state prison.

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A bunch of people are in need of New York criminal defense attorneys…immediately. The New York Attorney General’s Office announced the arrest of twelve people allegedly involved in a Bronx based construction equipment and luxury car theft ring. The defendants are charged with Enterprise Corruption, Forgery, Grand Larceny, Conspiracy and Criminal Possession of Stolen Property. Luis Torres Gonzalez (a.k.a. “Sanki”), Reynaldo Estrella (a.k.a. “Ray”), Ernie Muriel (a.k.a. “Ivan”), Alfonso Tejada, Nestali Garcia Rosa (a.k.a. “Junior”), Noel S. Gonzalez (a.k.a. “Joaquin”), Jose L. Sanchez, Higinio M. Mercedes (a.k.a. “Biembo”), Kenneth Estrella (a.k.a. “Kenny”), Alton Young (a.k.a “Fat Ray”) and Jean Carlos Almontes are among the men who were targeted in “Operation Tag Sale.” According to the Attorney General’s website, these men had an organization that worked together to steal over fifty vehicles from construction sites, public streets and garages. The defendants have been charged in a 100 count indictment and face up to twenty five years in state prison if convicted on the top charge.

“Some people try to smuggle jewels out of the country. These individuals tried to sneak off with Caterpillars and Hummers. What they lacked in finesse they tried to compensate with audacity. But it made no difference. They met with the same end – arrest – thanks to the outstanding work of NYPD auto crime detectives and their partners in the Attorney General’s Organized Crime Task Force,” said Police Commissioner Raymond W. Kelly.

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Just about every day in the NYC newspapers we read about someone being arrested for selling drugs such as cocaine, crack, heroin or marijuana. While the sale of drugs in NY can be a serious felony (marijuana sale is usually a misdemeanor in most situations) requiring mandatory prison, NY criminal defense attorneys often defend clients allegedly selling other controlled substances as well. In fact, the Brooklyn District Attorneys Office announced the indictment yesterday of Dr. Richard Lucente, a physician, for allegedly selling prescriptions for steroids. That’s right…Dr. Lucente is indicted for selling the prescription for a controlled substance and not the actual drug. While not as common of a charge as Criminal Sale of a Controlled substance, Dr. Lucente is indicted for Criminal Sale of a Prescription for a Controlled Substance. According to the Brooklyn District Attorney’s Office, “Lucente is charged with providing patients with prescriptions for steroids and human growth hormones, for a fee, when those patients had no medical need for the drugs.” Prosecutors further allege that Lucente would steer patients to Lowen’s Drug Store in Bay Ridge. In exchange for directing business to the pharmacy, Lowen’s Drug Store paid Lucente nearly $30,000 in kickback over a two to three year period.

Under New York criminal law, a person is guilty of Criminal Sale of a Prescription for a Controlled Substance when, being a practitioner, that person knowingly and unlawfully sells a prescription for a controlled substance. In simple terms, a person is guilty of Criminal Sale of a Prescription for a Controlled Substance if they are a doctor, or similar professional, and they knowingly sell a prescription not merely for any medicine, but for a controlled substance such as steroids.

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A skilled New York criminal defense attorney may be able to beat your criminal case outright or work out a great deal for his or her clients in the face of overwhelming evidence. Sometimes there is a technicality requiring dismissal of the case such as a speedy trial issue or a facial insufficiency problem with the accusatory instrument. Other times, through hard work and perseverance, your criminal defense attorney may be able to get you a deal that avoids any criminal record at all. While an Adjournment in Contemplation of Dismissal (ACD)is the ultimate goal in a case where a deal is reached, a second option is a Disorderly Conduct plea.

As previously discussed in an earlier entry, an ACD will result in your case being dismissed and sealed within six months to a year. Although a Disorderly Conduct will not be dismissed, a plea to this charge will result in a conviction for a violation. Not only is a violation not a crime, but the violation will be sealed as well.

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The criminal defense attorneys at Saland Law PC understand the importance of not only zealously advocating for our clients regardless of the crimes they are accused of committing, but also know how critical it is to conduct our practice in an ethical and honest manner. This cannot be understated. Unfortunately, not all attorneys practice their profession in this matter. In fact, in the matter of only a few weeks, a third attorney has been indicted or arrested for alleged misconduct in New York City. The Manhattan District Attorney’s Office announced the indictment today of Brian Lam for Grand Larceny in the Second Degree. Mr. Lam allegedly stole $331,376.42 from the New York County Lawyer’s Association (NYCLA) in a payroll scheme after working for that not-for-profit organization for almost two decades.

Prosecutors have alleged that Mr. Lam, who was responsible for payroll, called in extra compensation to himself. These activities allegedly occurred from 2005 through 2008. Mr. Lam is to be arraigned today in Manhattan Supreme Court.

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Any NY criminal defense attorney can explain very simply the power of DNA in tying suspects to crimes. Unfortunately for a recently arrested Brooklyn man, it does not appear that anyone ever explained this to him. According to the Brooklyn (Kings County) District Attorney’s Office, the Grand Jury indicted Erick Clements about a week ago for Attempted Assault in the First Degree, Attempted Assault in the Second Degree, Attempted Robbery in the First Degree and Attempted Arson in the Second Degree. It is alleged that Mr. Clements “attempted [to] assault…a subway token clerk by trying to light him and his booth on fire during an attempted robbery.” This incident occurred back in November of 2007.

Regardless of the accusation, the Brooklyn District Attorney’s Office still must prove the case beyond a reasonable doubt. While that proposition might be easier at certain times than other times, in Mr. Clements’ case, the District Attorney’s Office is armed with very powerful evidence. That evidence is DNA.

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You should not have to rely solely on your New York criminal defense attorney to explain every facet of every law. While the criminal defense attorneys and former Manhattan prosecutors at Saland Law PC, will take the time to explain the law and navigate you through the murky waters of the criminal justice system, educating yourself and being prepared is often one of the best ways to avoid needing a criminal defense attorney in the first place.

Criminal defense attorneys, prosecutors and judges often throw around words that may be confusing to a person not involved in the criminal justice system. As a way to jump start your understanding of the law we will address a few of those words and their definitions.

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