One of the fairly common calls we receive as New York criminal lawyers and New York criminal defense attorneys revolves around misdemeanor marijuana (“marihuana” in the New York Penal Law) arrests. The questions run the gamut. I received a New York City Desk Appearance TIcket for PL 221.10, have I…
New York Criminal Lawyer Blog
Assumption Based Guilt: An Officer’s Assumption May be Enough to Establish the Presence of Drugs in a PL 220.03 Arrest
The concerns of a person arrested for Seventh Degree Criminal Possession of a Controlled Substance, New York Penal Law 220.03, are many. If you are doctor, accountant, teacher, lawyer or financial services professional, what will happen to your license or certification? Beyond the initial scare and concerns, what are your…
NYC Prosecutors Vigorously Prosecute PL 250.45: Doctor Lucky to Avoid Reigstration on Conviction for Unlawful Surveillance
In the beginning years of his first term, Manhattan District Attorney Cyrus Vance, Jr. initially followed much of the policy of his predecessor, Robert Morgenthau. Over time, Vance tweaked what he believed needed tweaking and completely changed what he believed needed changing. Some crimes were prosecuted more vigorously while others…
Interpreting “Written Instrument” In a First Degree Offering a False Instrument for Filing Arrest & Indictment: New York Penal Law 175.35
Offering a False Instrument for Filing and Falsifying Business Records are two potential felony crimes in New York that are almost identical. While “almost” certainly is not “exactly,” one guards against the fraudulent filing of documents within the government and state while the other generally the falsification, deletion or alteration…
Stalking in the Context of the New York Penal Law & Freedom of Speech
Stalkers need not tiptoe on the fringes hiding in shadows. To stalk someone in the general sense you need not constantly run up to them or scare the heck out of them repeatedly. Even if you did, you might argue you have a right to express yourself and a freedom…
Close Proximity to Drugs: Dismissal of PL 220.03 Arrest Charges for Vagueness of Possession
The cornerstone to any arrest in New York for the possession of a controlled substance – cocaine, heroin, molly, ecstasy – is arguably first and foremost that you actually possessed the drug, narcotic or controlled substance in question. If that is not the first hurdle that prosecutors in Manhattan, Brooklyn,…
Rude & Unprofessional Conduct by Public Servants: When the Criminal Threshold for Official Misconduct is Breached
Official Misconduct, a crime codified as New York Penal Law 195.00, is not one of the more common criminal arrest charges in New York. While NY PL 195.00 is atypical in that it only a certain group of people can commit this offense, it is a crime that is equally…
Scope of First Degree Criminal Contempt: Repeated Phone Calls, Calling Complainant “Bitch” May not Violate PL 215.51
Other than Aggravated Criminal Contempt, Criminal Contempt in the First Degree is the most serious and severe Criminal Contempt crime in New York. A prior felon would face a potential mandatory minimum of one and a half to three years in prison while even a first time felony offender could…
What type of Contact or Non Contact Establishes Second Degree Harassment: Defining the Scope of NY PL 240.26
Harassment in the Second Degree, New York Penal Law 240.26, is routinely an offense that is tacked onto a complaint alleging Third Degree Assault. While Assault in the Third Degree (New York Penal Law 120.00) is one of the most serious misdemeanor crimes, Harassment in the Second Degree has significant…
Further Analysis of Common New York Computer Crimes: NY PL 156.35, NY PL 156.30 & NY PL 156.05
As New York Computer Crime lawyers and criminal attorneys who defend clients in matters far more technical than street crimes and most White Collar offenses, we do our best not only to stay on top of the law, but to also share relevant legal decisions that impact how prosecutors and…