Not necessarily relevant to every criminal offense found in the New York Penal Law, many arrests and crimes stem from what the police see in public or plain view. Whether officers with the NYPD or other local police agency stop your car and see a knife inside the vehicle from…
Whenever a person learns that I am a New York criminal lawyer and New York DWI attorney, one of the first questions they ask is whether or not they should “blow” if they are ever stopped or arrested for the crime of drunk driving in New York. Drunk driving, a…
It seems as if issues involving DWI, DUI and DWAI arrests routinely “pop up” all over the country and here in both New York State and New York City. The obvious reason as to why this happens is because DWI is an extremely serious, avoidable and potentially catastrophic offense. Whether…
Like in any profession, from teachers to doctors and lawyers to carpenters, there are a few bad apples. Sometimes the consequence of a bad apple is more than a mouthful of unpalatable food. In the realm of law enforcement, a bad apple can mean a night (or a lot more)…
Its widely known by New York DWI lawyers, prosecutors, judges and regular every day people that the legal limit for a BAC in a drunk driving, DWI or DUI case is .08. If your BAC is.08 or greater, regardless of where you may reside in New York from the City…
New York Penal Law 215.50, Second Degree Criminal Contempt, is a crime that prosecutors are quick to charge and often for good cause. However, regardless of the subjective view of an Assistant District Attorney or a police officer with the NYPD or any police department outside New York City, cases…
Whether its in the context of a Domestic Violence case with a former partner or lover or a co-worker in Manhattan, Queens or Brooklyn, those nasty, threatening or plain ugly and uninvited texts, emails or phone calls may be more than a mere annoyance. In fact, depending on the conduct,…
Whether its an unapproved mural or a small tag, in order for a judge or jury to convict you of Possession of a Graffiti Instrument, New York Penal Law 145.65, an Assistant District Attorney must prove beyond a reasonable doubt: (1) your intent to damage property (2) your possession of…
If there are drugs found in your Manhattan apartment and you are inside that apartment, you are guilty of possessing those drugs, correct? If the police execute a search warrant and you reside in the in the Brooklyn home where drugs, such as cocaine, heroin or marijuana are found, you are guilty…
In the City of New York there are cabs, livery cars, Uber services, buses and subways. All of these modes of transportation make it a difficult sell to prosecutors that a drunk driving, DWI or DUI arrest was due to an inability of an accused to get home. Not that…