Criminal Contempt is a crime that generally brings both personal attention and significant scrutiny from Assistant District Attorneys and judges beyond what one would normally expect in a criminal prosecution. Its not that other criminal cases aren’t thoroughly reviewed, but the personal and often domestic component to a Criminal Contempt…
New York Criminal Lawyer Blog
Potential Criminal Charges for MTA Train Crash Conductor: What Crimes Wiliam Rockefeller May Face if Arrested
While there is likely a significant amount of investigation that has yet to occur, the sad reality is that many innocent people were terribly injured and died when a Metro North train from Poughkeepsie skid, rolled and tumbled off the tracks near the Hudson Line’s Spuyten Duyvil station in The…
Getting a Better Grasp on New York Computer Crimes: Understanding the Basics of NY Computer Crime Arrests
It is not uncommon for prosecutors to seek a prison sentence or term of imprisonment for a defendant accused of and arrested for a computer related crime in New York. Although the crimes are generally viewed as white collar crimes and the potential sentences are not as significant as violent…
Is Proper Service Necessary in Order to Find a Later Violation of a Restraining Order: Understanding NY Second Degree Criminal Contempt
One of the more straightforward arrests and prosecutions handled by Assistant District Attorneys in New York City as well as some of the neighboring counties is Criminal Contempt in the Second Degree. Second Degree Criminal Contempt, pursuant to New York Penal Law 215.50(3), basically occurs or is committed when you…
Operation Finish Line: Queens Prosecutors Net Dozens of Defendants in Nationwide Trademark Counterfeiting Busts
What is likely being hailed as a major victory for law enforcement, Queens County District Attorney Richard Brown has announced the arrest of more than two dozen individuals involved in a Trademark Counterfeiting enterprise and the recovery of more than $500,000 in cash and fake goods with a street value…
A Potential Defense to Harassment & Menacing: When the Scope of a Crime is to Large
Regardless of the degree of the crime, Menacing is an extremely serious offense as both a misdemeanor and a felony. Not as serious, but an offense worthy of concern, Harassment in the Second Degree is an arrest charge that should in no way be taken lightly. New York criminal lawyers…
Acting in Concert & Accomplice Liability: How Far Must You Go to be Liable for Another Person’s Conduct
New York, like all other states, has its own means to determine whether individuals can be arrested and charged as co-defendants for a particular crime. Obviously, merely being present when a crime is committed by another person is not legally sufficient enough to establish guilt beyond a reasonable doubt (although,…
In a New York Identity Theft Prosecution Must the Prosecution Prove the Alleged Victim Suffered an Irreversible Financial Loss
New York Identity Theft investigations, arrests and prosecutions present themselves in a variety of ways. There are the fairly routine credit card theft and use cases and the more complex web of identity takeovers that extend to social security numbers and other personal identifying information. Although there are different subsections…
When Wrongful Access of a Computer is Not a Crime: Unauthorized Use of a Computer – NY PL 156.05
With prosecutors seeking to protect proprietary and “secret scientific” information of financial, research, medical and other commercial institutions, it should come as no surprise to criminal defense lawyers regularly practicing in New York courts or those accused of crimes involving computers that Unauthorized Use of a Computer is potential crippling…
Unlawful Surveillance – PL 250.45: From “Up Skirts” to Bathroom Recorders – Must All Defendants Register as Sex Offenders Upon Conviction
Every criminal arrest or conviction has a collateral consequence. Obviously, some are more severe than others. While an arrest can be humiliating, a conviction can strip us of many rights we take for granted, destroy our ability to continue in our career or set a chain of events into action…