The term “identity theft” is one that makes anyone and everyone cringe. After all, there are few people who have not been effected by a fraud crime relating to Identity Theft. Unfortunately, when many people hear of this offense they often think large scale fraud involving social security numbers, bank…
New York Criminal Lawyer Blog
NYC Admin. Code 19-190: The Legality of the Due Care Standard for Right of Way Arrests
New York City Administrative Code 19-190, generally defined as failing to exercise “due care” and violating the right of way of pedestrians and cyclists, is a relatively new statute drafted and passed by New York City. Not codified in the New York Penal Law, legislation drafted and passed by the…
Can a New York State Judge Seal a Conviction for a Per Se DWI if I Blew Above a .08: DWI and NY CPL 160.59
Unlike DWI arrests in New York where you refuse to “blow,” there are other DWI or DUI crimes that are based on evidence of a person having a BAC of .08 or more. These drunk driving crimes are codified in New York Vehicle and Traffic Law 1192.2. While VTL 1192.2…
Aggravated Harassment and Criminal Conviction Sealing: Is NY PL 240.30 an NY CPL 160.59 Eligible Offense
I called my ex-girlfriend dozens of times and was ultimately convicted of Second Degree Aggravated Harassment. There was an order of protection issued, but I completed my anger management without any problems. Can I now get my criminal record cleaned and erased? Can I purge or seal a conviction for…
Columbia University Gender-Based Misconduct Policy: Prohibited Conduct Basics
A routine question by students at Columbia University is what is the university’s gender-based misconduct policy and how does it relate to Title IX? A very broad question involving many answers, the first step in understanding Columbia University’s gender-based misconduct policy and procedures for students, whether one is enrolled at…
Can I Seal My Criminal Conviction for Weapon Possession: Applying NY CPL 160.59 to NY PL 265.01(1)
A crime that is routinely prosecuted in New York City, and likely elsewhere through the State of New York, is New York Penal Law 265.01(1), Fourth Degree Criminal Possession of a Weapon. More specifically, if you knowingly possess a gravity knife or a switchblade knife you are guilty of a…
Understanding the Difference Between Second Degree Criminal Possession of a Weapon and Criminal Possession of a Firearm
New York State has numerous laws and crimes regulating the use and possession of firearms and other weapons. Whether one is supportive of these statutes such as the Safe Act or not, these laws are some of the most rigid and strict in the nation. While they are all codified…
Sealing a Criminal Conviction for a Refusal or Common Law DWI in New York: NY CPL 160.59
In the State of New York, a DWI arrest and conviction can be based on different theories of the law. One such DUI or drunk driving crime is found in New York Vehicle and Traffic Law 1192.3. Often referred to as either Common Law DWI or Refusal DWI, this Driving…
Client Arrested for Third Degree Grand Larceny Gets Non-Criminal Disorderly Conduct Violation
People often ask how as a former prosecutor I can now defend people who committed crimes or are guilty of criminal conduct. While I do have the advantage of representing whomever I choose and sending a client to seek a criminal lawyer elsewhere, there are few things in life that…
Title IX Sexual Misconduct and Relationship Violence: What is Title IX and How is it Applied on College Campuses
Although Title IX and its affiliated policies and procedures governs sexual misconduct and relationship violence related to college and university campuses, it is critical to recognize that an action commenced under Title IX is separate from the criminal justice system. Yes, crimes or harassment, for example, committed at Columbia University,…