New York Criminal Lawyer Blog

October 5, 2008

New York Criminal Practice: The Criminal Subpoena and the Grand Jury

As an Assistant District Attorney who served in the Manhattan District Attorney’s Office for seven years and as a New York criminal defense attorney, I have prosecuted, investigated and defended a wide spectrum of crimes ranging from Identity Theft, Forgery and Grand Larceny to Possession of a Weapon, Rape and Kidnapping. Through my years of experience I have heard the same question asked by witnesses of crimes over and over again. That is, “I received a subpoena for the Grand Jury. Do I have to go to the prosecutor’s or District Attorney’s Office?” The answer to this question is always and absolutely in the negative. In fact, ther is “no power in the District Attorney under our existing law to employ a subpoena to [require a] witness to attend his office or any other place where a Grand Jury is not sitting or where a court is not convened in action or proceeding.” People v. Boulet.

Prosecutors are entitled to issue subpoenas on behalf of the Grand Jury that require your personal appearance in front of that body. On the face of the subpoena or the cover letter, the prosecutor will often indicate that he or she would like you to come to the office prior to going to the Grand Jury. Prosecutors are not being dishonest or trying to trick you to come down to their office first in lieu of going to the Grand Jury. There is no reason for them to behave in this manner. In fact, it may save both parties the time and energy of going into the Grand Jury or it may turn out that after a few questions from the prosecutor it will be determined that you are not needed and you can go back home or back to work. At bottom, there are many valid reasons why a prosecutor would request that you come to the office first.

October 2, 2008

Over $50,000 in Food Stamp Credits Fraudulantly Obtained: Manhattan Grand Jury Indicts for Grand Larceny, Criminal Possession of Stolen Property and Scheme to Defraud

by Jeremy Saland

There are two NY criminal defense attorneys who have a lot of work cut out for them after a Manhattan Grand Jury indicted their clients on four counts of Grand Larceny in the Third Degree, two counts of Criminal Possession of Stolen Property in the Third Degree, two counts of Grand Larceny in the Fourth Degree, and three counts of Scheme to Defraud in the First Degree.

According to the Manhattan District Attorney’s Office, two individuals, Edward and Eugenia Fiammetta, used their public assistance benefit cards to fraudulently obtain $54,725 in food stamp credits from 17 Manhattan grocery stores.

September 30, 2008

False Personation in New York: Fake Information Means a New Crime

by Jeremy Saland

You are arrested for Prostitution in New York because you were allegedly involved in an escort service or for Forgery in Brooklyn because you were allegedly caught making counterfeit money. Regardless of the underlying crime, if you are arrested anywhere in New York – Manhattan, Brooklyn, Queens, Westchester, Rockland – the police can easily charge you with False Personation if you take a poor course of action. Once you are informed by law enforcement of the consequences of giving false personal information, such as a name or date of birth, and you knowingly misrepresent that information with the intent to prevent the officer from ascertaining the true information, don’t be surprised if the police charge you with False Personation even if the underlying arrest goes nowhere.

Although False Personation is “only” a “B” misdemeanor, as a former prosecutor in the Manhattan District Attorney’s Office under Robert Morgenthau and one of the first prosecutors assigned to the Identity Theft Unit upon its creation, I can tell you defendants often dug themselves into deeper holes because they provided misleading or false information. In other words, if law enforcement does not proceed with the original criminal charges you should be released and the case is over. If, however, the police try to ascertain certain information, you are advised of the consequences if you misrepresent, and you in fact misrepresent to prevent the police from determining your true identity, then you may have bought yourself a night in jail. Why is this significant? Not only will you have to spend time incarcerated waiting to see a judge, but if you were the target of an investigation or the police are investigating new charges and figuring out how to proceed, you just gave them ample time to do so and a reason to lock you up.

September 26, 2008

Joseph Petcka: New York Criminal Jury Hangs on Criminal Charges

by Jeremy Saland

Joseph Petcka, the defendant charged with beating a cat to death in Manhattan, was neither convicted or acquitted by the jury that heard his case. Instead, the jury “hung” on the charges against him.

As a former prosecutor in the Manhattan District Attorney’s Office and a criminal defense attorney, I can tell you that more often than not, prosecutors are unhappy with this outcome. For prosecutors, the side that has the burden of proof, it is a sign that at least one of the jurors believed the cases was not proven beyond a reasonable doubt. Whether it was one juror or eleven, the prosecution must now decided whether or not to bring all the witnesses back to testify again or cut the defendant a good deal to dispose of the matter. Depending on the type of case, the time, expense, or difficulty in re-trying it may be overwhelming.

September 26, 2008

Escorts & Prostitution: New York Criminal Defense Attorney Seeks Dismissal of Charge in the Interest of Justice

by Jeremy Saland

In the realm of Prostitution, Promoting Prostitution, Solicitation and crimes relating to Escort Services,New York criminal defense attorneys often have to think out of the box to fight every battle for their client. Sometimes they are successful and sometimes they are not. One way to challenge a case is through a “Clayton” motion where a criminal defense attorney seeks the dismissal of a criminal case in the interest of justice. This motion can be made whether the case is for Criminal Possession of a Forged Instrument in Manhattan, Petit Larceny in Brooklyn, or Forgery in the Bronx. In fact, I have had tremendous success with similar applications on very serious matters where clients had faced felonies but had the charges reduced to the point where they had the opportunity to escape any criminal record at all.

In the past year, one criminal attorney, who should be applauded for his efforts, attempted to have his client’s Prostitution charge dismissed in the interest of justice. Unfortunately for his client, he was unsuccessful. In People v. Saori Sato, 2007CN004865, New York County (Manhattan) Criminal Court Judge Richard Weinberg denied the criminal defense attorney’s motion. The attorney argued that “prostitution is a victimless crime in which two equal contracting parties negotiate for the performance of an act proscribed in private by consenting adults.”

September 22, 2008

NY Counterfeiter Busted: Indicted for Criminal Possession of a Forged Instrument and Trademark Counterfeiting

by Jeremy Saland

As a former prosecutor in the Manhattan District Attorney’s Office, one of the founding members of the Identity Theft Unit after its creation, and a New York criminal defense attorney, I have seen countless individuals charged with Criminal Possession of a Forged Instrument and related offenses for their involvement in some form of large scale fraud.

Whether the Grand Jury indicts these individuals for Forgery, Identity Theft, Criminal Possession of a Forged Instrument, Falsifying Business Records or Trademark Counterfeiting, the felony offenses they face can land them in state prison for a term of up to 7 or 15 years. In the event there is an associated theft in excess of one million dollars, that potential sentence can reach 25 years.

September 18, 2008

NY Criminal Defense – Order of Protection and Restraining Orders in New York: Returning Home

by Jeremy Saland

You have been arrested because you got into a fight with your girlfriend or wife. Maybe there is a reasonable explanation or your girlfriend does not want to “press charges.” Unfortunately, at this stage it doesn’t matter. You are now before a judge and whether or not you are released, you must completely stay away from the complainant.

Judges throughout New York (Brooklyn, Bronx, Manhattan, Queens and Staten Island) routinely issue “full” orders of protection after a request is made by a prosecutor at arraignments.While there is much at stake at your arraignment, a “full” order of protection may prevent you from entering your own home. Therefore, it is never too early to retain a skilled criminal defense attorney to preserve and protect your rights.

September 15, 2008

NY Criminal Defense – Mere Presence in “House of Prostitution”: Court Finds Complaint Legally Sufficient

by Jeremy Saland

Recently, on September 8, 2008, I commented on People v. Magali Rodriguez. In that matter, a New York criminal defense attorney challenged the legal sufficiency of a complaint charging the defendant with Prostitution. Specifically, the challenge was based on the fact that a third party negotiated the financial transaction. In finding the complaint (it’s actually called an “information”) legally sufficient, the Court stated that the defendant herself need not be the one to offer the sexual conduct and discuss the financial transaction. What must be reviewed is the “totality of the circumstances.”

On a similar note, another recent decision from New York (Manhattan) Criminal Court in January 2008, People v. Heesuk Choi, 2007NY085556, reveals that courts may be getting stricter in their enforcement of Prostitution and related crimes. In that matter, an undercover police officer was in a “brothel” or “house of prostitution” where five women (one was the defendant), who did not speak, were paraded out to him. The undercover agreed on a price with a madam and was asked to pick a girl.

September 11, 2008

New York State Penal Law 165.15: Theft of Services

by Jeremy Saland

You had a few too many drinks and refused to pay your bill at the diner or late night restaurant in Manhattan. You jumped a turnstile in Brooklyn because you though nobody was looking. Maybe you refused to pay your cab driver because he is driving you from NY to the Bronx to Queens and back to NY when you only needed to go to midtown. Believe it or not, your actions may land you either in jail or with a desk appearance ticket (DAT) for the misdemeanor crime of Theft of Services.

An experienced criminal defense attorney can tell you that things that seem to be merely a misunderstanding or a bone-headed move often result in criminal actions. Theft of Services, punishable by up to one year and jail, is one of those offenses. Although there are often legitimate and solid defenses to this crime that need to be explored, Theft of Services generally occurs where you obtain a service and do not pay for that service.

September 8, 2008

Criminal Liability for Acts of Another: New York Penal Law Section 20.00

by Jeremy Saland

You and a friend have an illegal gambling operation. The police executed a search warrant at your business and you find yourself charged with Money Laundering in Brooklyn Criminal Court. However, you merely arranged for finding the physical location to run the operation and greeting clients, but you never dealt with the financial transactions. Maybe you arrange for bookings for an escort services and find yourself charged with Promoting Prostitution in Manhattan Supreme Court, but you never actually met the alleged prostitutes or set up locations to meet because someone else had the responsibility. In an even worse scenario, you are in jail in the Bronx because you were a “lookout” or “steerer” when a friend of yours sold drugs to an undercover police officer with the NYPD and now you are charged with Criminal Sale of a Controlled Substance (selling drugs) with your friend.

The question you may ask is, “How is the District Attorney’s Office charging me for a crime where I was not the person who actually committed that crime?” The answer to this question may be found in Penal Law Section 20.00. An experienced New York criminal defense attorney will not only be able to explain this legal definition to you, but to analyze and put forth the best way to challenge the case against you.