New York Criminal Lawyer Blog

September 1, 2008

New York Criminal Law: The Affirmative Defense Part II

In a previous entry I discussed the general concept of the “affirmative defense.” Now that you have an understanding as to what a New York criminal defense attorney means when referring to such a defense, I wanted to take the opportunity to set forth some specific “affirmative defenses” from the New York Penal Law. Again, these defenses are statutory defenses where your criminal defense attorney bears the burden, and not the prosecution, in proving the defense beyond a preponderance of the evidence. The following are some examples:

New York Penal Law 190.15 – Affirmative Defense for Issuing a Bad Check

August 29, 2008

DWI in New York: Suppressing the Breathalyzer Part II

by Jeremy Saland

As I have stated countless times throughout the entries in my blog, assistant district attorneys and the NYPD in New York City vigorously prosecute those accused of DWI. Make no mistake, the NYPD, judges and prosecutors take the crime of DWI very seriously and an experienced NY criminal attorney should be retained to formulate your best plan of attack to defend and protect your liberty and livelihood.

As a former prosecutor in the Manhattan District Attorney’s Office for seven years and a New York criminal defense attorney, I work with each client to take the time to develop a specific plan for their case whether it is DWI, Identity Theft, or another criminal matter. In order to defend clients to the best of my ability and provide them with a zealous representation, I stay on top of legal decisions in New York City as well as the state.

August 25, 2008

Tanya Hollander: Another Elliot Spitzer Girl Pleads Guilty for Involvement in Prostitution Ring

by Jeremy Saland

It is no surprise to this experienced New York criminal defense attorney that another “Spitzer Girl” just pleaded guilty today in relation to her involvement in the Prostitution and Escort Service ring known as Emperors Club VIP. Law enforcement is diligent and detailed in their investigation and prosecution of Prostitution crimes. As a former prosecutor in the Manhattan District Attorney’s Office, I am personally aware of the length that law enforcement will go in collecting and analyzing phone, bank, email and surveillance records to catch their target.

Although Ms. Hollander was not alleged to have engaged in the act of Prostitution, Ms. Hollander apparently violated other criminal statutes including conspiracy to violate the Travel Act. In connection to that statute, Ms. Hollander apparently admitted that she crossed state lines to further an illegal business. That business? Well, it is called Prostitution.

August 23, 2008

NY Criminal Defense – Prostitution and Unlicensed Massage: NY Penal Law Section 230.00

by Jeremy Saland

NY criminal defense attorneys must always be aware of legal decisions and the impact on the charges that their clients face. Those legal decisions as they relate to Prostitution, Escort Services and Unlicensed Massage are no different. That is one of the purposes behind EscortDefense.Com.

Recently, on June 26, 2008, Judge Marc Whiten, of the New York (Manhattan) Criminal Court, denied a criminal defense attorney’s motion to dismiss where the defendant was charged with both one count of Prostitution pursuant to New York Penal Law ､230.00 and one count of Attempted Unauthorized Practice of a Profession (“Unlicensed Massage”) pursuant to New York Penal ､110 and Education Law ､6512[1].

August 20, 2008

NY Criminal Law: Bail Jumping (Penal Law 215.55, 215.56 & 215.57)

by Jeremy Saland

You did not show up for your scheduled trial in Manhattan Criminal Court, a court date where your criminal defense attorney was to file motions in Brooklyn Supreme Court, or a date to discuss a deal in White Plains City Court. Not only do you run the risk of a bench warrant being issued for your immediate arrest, you may also ultimately face an additional charge of Bail Jumping.

Punishable by up to a year in jail as a misdemeanor and up to seven years as a felony, Bail Jumping occurs when you have been released from custody or you are allowed to remain at liberty and you fail to return to court on the return date or voluntarily within thirty days thereafter.

August 16, 2008

DWI in New York: Suppressing the Breathalyzer Part I

by Jeremy Saland

New York Criminal attorneys must always stay on top of recent judicial decisions in order to effectively advocate for their clients whether they are representing a client in Brooklyn for Robbery, White Plains for Forgery or Manhattan (NY County) for Prostitution in relation to an escort service. A recent decision relating to DWI in the Bronx on July 21, 2008 exemplifies this need to constantly be aware of decisions made by judges throughout New York State.

In People v. Netania Holbrook, Justice Richard Lee Price of the Bronx County Supreme Court (the court where felony cases are heard), granted a motion to suppress breathalyzer results taken two hours after the arrest of the defendant for DWI.

August 13, 2008

Grand Larceny: Stealing and Theft from a Co-Owner or Partner

by Jeremy Saland

You and your partner are co-owners of certain assets in a clothing store in Manhattan or a antiques store in Brooklyn. You take some of the businesses assets without informing your partner or getting his permission. The question that arises is can you be found guilty of larceny (grand or petit) for “stealing” from that partner where you both have interests in that property?

An experienced New York criminal defense attorney should be able to give you both the answer and the reason. The short answer is that you should not be found guilty or prosecuted because your partner is not an “owner” under the law.

August 10, 2008

New York Criminal Law: The Affirmative Defense Part I

by Jeremy Saland

An experienced and skilled New York criminal attorney should be able to advise you on possible and potential defenses to the crimes you stand accused of in any New York jurisdiction from Manhattan and Brooklyn to White Plains and Yonkers. For example, you may have an alibi in a Burglary case, the gun you are charged with possessing was inoperable in a Criminal Possession of a Weapon case or maybe the alleged stolen proceeds you possessed were aggregated or added up improperly in a Grand Larceny case. Even better yet, maybe you just did not commit any crimes!!

While the above scenarios are merely hypothetical examples, an examination of New York criminal law reveals that at trial, an accused may have a defense that is or is not an “affirmative defense.” Generally, according to Article 25 of the New York Penal Code, if a defendant raises a defense at trial the People, also called the prosecution, have the burden of disproving the defense beyond a reasonable doubt. This means that once set forth, the prosecutors must prove to the jury or the judge beyond a reasonable doubt that the defense is not legitimate. On the other hand, certain statutes set forth an “affirmative defense” that the defendant, not the prosecution, has the burden of establishing beyond a preponderance of the evidence.

August 6, 2008

Identity Theft: 40 Million Credit Card Numbers Stolen from Retailers Including TJ Maxx

by Jeremy Saland

As a former prosecutor in the Manhattan District Attorney’s Office and one of the founding members of the Identity Theft Unit assigned to the unit after it’s creation, I investigated large scale Identity Theft, Forgery, Grand Larceny and related crimes in amounts that exceeded millions of dollars both in the United States and elsewhere. Now, as a NY criminal defense attorney, it continues to be readily apparent that the amount of theft and the number of victims impacted by Identity Theft continues to grow in an unprecedented manner and speed.

In fact, only yesterday, eleven people, both in the United States and other nations, were indicted for allegedly stealing more than 40 million credit and debit card numbers form companies including the TJX Companies. Three of those men, Albert “Segvec” Gonzalez, Christopher Scott and Damon Patrick Toey, allegedly hacked into the wireless networks of the TJX Companies (TJ Maxx, Marshall’s, Office Max, Barnes and Nobles, and more), and installed “sniffer” programs that captured credit card numbers, debit card numbers and even passwords. Like many individuals who operate this kind of scheme, the numbers, in part, were allegedly sold online and overseas where they were used by third parties and resulted in significant financial loss.

August 3, 2008

From Escort Services to Elliot Spitzer: New York Criminal Statutes Relating to Prositution Part I

by Jeremy Saland

Elliot Spitzer, The Emperor’s Club VIP, Ashley Dupre, Kristin Davis, Wicked Models…Clearly, those working in the oldest profession right here in Manhattan, and the men who seek their services, are still pushing the limits of the law. As a former prosecutor who served for seven years under Robert Morgenthau in the Manhattan District Attorney’s Office and as a NY criminal defense attorney, there is little doubt in my mind that law enforcement will continue to aggressively investigate, arrest and prosecute people involved in prostitution related crimes.

Unfortunately for those charged with crimes relating to prosecution, the District Attorney can charge you with a gamut of offenses depending on your involvement and activities. Some of these crimes include Prostitution, Patronizing a Prostitute, Promoting Prostitution and Permitting Prostitution. Believe it or not, you may even be charged under Education Law Sections 6512(1) and (2) for engaging in an unlicensed massage. However, the more large scale the operation or “high end” the organization, additional charges may come into play such as Money Laundering in association with the illegally obtained funds. For the purpose of the entry, however, we will direct our attention to Prostitution. Future entries will address Patronizing a Prostitute, Promoting Prostitution and Permitting Prostitution.