It is fairly common in the courts throughout New York City (Manhattan, Brooklyn, Queens and the Bronx) for criminal defense attorneys to represent clients charged with Resisting Arrest, pursuant to NY Penal Law 205.30. While it certainly can be a legitimate charge, very often the police will add this charge…
Articles Posted in Other Crimes
Exercising Your Miranda Rights in New York: Why it is Important to Consider Consulting with Your Criminal Defense Attorney Before Speaking to the Police
As a former prosecutor in the Manhattan District Attorneys Office and as a criminal defense attorney in New York City, I could probably write a book on the stupid things people say when confronted by the police. Maybe they think they are going to talk themselves out of trouble or…
Predicate Felons and Second Felony Offenders in NY: How Does a Non-NY Felony Alter Your Status?
Any NY criminal defense attorney experienced in New York criminal law should be able to explain to you that if you are a predicate felon in New York State and charged with a non-controlled substance offense, a second felony conviction will land you in state prison even if your offense…
Attempted Tampering with Physical Evidence (New York Penal Law 、110.00/215.40): Does the Complaint Need To Establish the Existence of the Contraband?
According to New York Penal Law 、215.40(2), a person is guilty of Tampering with Physical Evidence when “[b]elieving that certain evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by an…
Nurses, Physicians, Architects and other Professionals: What are the Reporting Requirements / Ramifications of an Arrest or Conviction?
In the past year alone, the Manhattan based criminal defense firm of Saland Law PC has represented a significant number of professionals including physicians, nurses, teachers and architects in addition to lawyers and individuals employed in finance. For many of these professionals, there are serious issues that may arise from…
The New York Grand Jury, Plaxico Burress and Any Person Accused of a Crime: Beyond a Possible Indictment What Happens Behind Closed Doors
As I type, it is likely that Plaxico Burress is sitting in a Manhattan Grand Jury testifying about the events that ultimately resulted in his arrest for possessing a loaded firearm in New York and being charged with Criminal Possession of a Weapon in the Second Degree. As a former…
Endangering the Welfare of a Child: Must Harmful Conduct Be Direct at the Child?
As a NY criminal defense attorney I have drafted numerous entries dealing with the crime of Endangering the Welfare of a Child. It is a serious crime with ramifications beyond the criminal law and a crime that people from all walks of life – from lawyers and physicians to construction…
“Miranda Warnings,” Your Right to Remain Silent and Your NY Criminal Defense
Whether you are under investigation for a white collar crime or have already been arrested for a weapon crime, it is imperative to retain an experienced New York criminal defense attorney before you talk with law enforcement. It may be that without an admission or statement on your part to…
Animal Abuse in NY: Failure to Obtain Medical Treatment for Pet May Violate Agriculture and Market Law Section 353 (A.M.L. 、353)
Although not a commonly seen charge by criminal defense attorneys in New York City, the former Manhattan prosecutors at Saland Law PC know that violations of Agriculture and Market Law Section 353 (A.M.L. 、353) are far from atypical. A.M.L. 、353 provides, in relevant part: “A person who overdrives, overloads, tortures…
Endangering the Welfare of an Incompetent or Physically Disabled Person: NY Does Not Require an Intent to Injure
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…