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Articles Posted in Criminal Defense

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Resisting Arrest: The Necessity of an Authorized Arrest & the Right to Object to Unlawful Police Conduct

One of the most frustrating crimes that New York criminal lawyers must defend against is the crime of Resisting Arrest. Although New York Penal Law 205.30 is not as serious a crime as a felony offense, it is frustrating because for every legitimate Resisting Arrest charge that is prosecuted, there…

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New York Penal Law 190.23: False Personation & Legally Sufficient Criminal Complaints

Sometimes, when we are frustrated, we tend to get “cute” or “fresh.” While talking back to your mother or a friend may get you further into an argument, doing the same with the police can make a bad situation exponentially worse. Its not just a bad attitude that can aggravate…

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Self Defense in a New York Assault Case: Justification & Initial Aggressor

New York Assault arrests easily make up the majority of violence related crimes in New York as a singular group of offenses. Whether the crime is a Domestic Violence offense, a bar fight constituting Third Degree Assault, a misdemeanor Desk Appearance Ticket or a more serious Second or First Degree…

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Arrested for Domestic Violence in New York: Understanding the Process, Crimes and Procedures

New York Domestic Violence crimes are some of the most serious offenses found anywhere in the criminal law (and rightfully so). Well beyond allegations of Assault, these crimes cover a wide spectrum of conduct. Regardless of the offense charged, the significance of a New York Domestic Violence arrest or accusations…

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When Remaining Silent May be Your Best Criminal Defense: Making Graffiti & the New York Police Department’s Vandal Squad

Every so often there is a story that is worth repeating when it comes to criminal defense in New York. As I have noted countless times in my blog entries and directly to clients, speaking to a detective or police officer with the NYPD or an Assistant District Attorney without…

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New York Penal Law 205.30: Is Dismissal of Other Arrest Charges a Criminal Defense to Resisting Arrest

Sometimes Resisting Arrest, pursuant to New York Penal Law 205.30, is the top count or sole “A” misdemeanor crime charged in a criminal court complaint. Whether it is in New York County (Manhattan), Kings County (Brooklyn), Queens County, or Westchester County, an arrest for Resisting Arrest is certainly a charge…

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New York Gambling Record Crimes: Must Prosecutors Allege in an NY PL 225.15 Complaint that You Did Not Possess the Records for Personal Use?

Depending on the facts and circumstances, gambling in New York, outside of Native American Reservations and the horse tracks, is an illegal enterprise. Unlike Las Vegas, gambling in New York City or elsewhere in the State of New York can land you in jail and the winner of a criminal…

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When Police Conduct a Post Arrest Search Without an Arrest: Challenging Illegal Searches in New York

You received a summons for having an open container of beer somewhere in New York City either on the streets of Brooklyn or Manhattan. The police issued you a pink summons and you believed you were on your way to a slap on the wrist. However, to your surprise, you,…

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Prosecuting a Domestic Assault Case without a Victim: The Excited Utterance Rule in New York

The common perception is that most of the work of a New York criminal attorney comes in zealously representing their clients at trial while trying to enter a reasonable doubt in the mind of a jury or a judge. While that is certainly a role played by criminal attorneys in…

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