More often than not, if you are arrested in New York City for certain misdemeanor crimes such as PL 155.25, PL 165.40 (the “NYC shoplifting crimes“), PL 120.00 (assault), PL 220.03 (“personal use” drug possession) or PL 165.15 (service theft), the New York City Police Department will give you a…
New York Criminal Lawyer Blog
The Zealous Prosecution of New York Gun and Firearm Cases: When an Injury may not be Caused by Criminal Conduct
Everyone is scared of guns. After all, some horrific incidents have corroborated why many lawmakers in New York believe the strict firearm laws of the New York Penal Law are necessary. While there is little doubt that firearms in the wrong hands are overwhelmingly dangerous and laws must be enacted…
Understanding a New York DWI Hardship Hearing: New York DUI Arrests and the Hardship Privilege
One of the worst side effects, if that is the proper way to describe them, of a New York arrest for DWI or DUI (pursuant to New York Vehicle and Traffic Law 1192.2) is the unfortunate reality that when you go before a judge for your arraignment the court will…
Admitting Portable Test Results from the Scene of a New York DWI Arrest to Establish a Defendant’s State of Mind
Not that you’ll find many sympathetic ears to listen to this complaint, but if you are accused of or arrested for a New York DWI or DUI crime, things continue to lean in favor of local prosecutors. Forget the fact that those in government are considering lowering the legal limit…
Does Merely Asserting “Substantial Pain” Satsify the Prosecution’s Burden to Sustain a Complaint for Third Degree Assault (NY PL 120.00)
You slap someone in the face. Certainly its not nice, but is it a Third Degree Assault in New York? You punch someone in the gut. Again…not nice…but is it an Assault in the Third Degree? You kick someone in the ribs (maybe they deserved it and you were merely…
When a Mere Conclusion by the NYPD Cannot Sustain a Complaint for PL 220.03
The ease by which the police can arrest and Assistant District Attorneys can prosecute denizens of New York City (or any municipality in New York State) for drug crimes can be greatly concerning. Merely because one is a New York drug lawyer or a New York criminal defense attorney should…
New York Criminal Lawyers Get Dismissal of Client’s Weapon Possession Arrest of PL 265.01(2)
With the amount of blog entries I have recently drafted relating to New York weapon crimes including those involving New York firearm laws and knife arrests, one would think that the criminal lawyers at Saland Law PC spend their days solely defending clients against misdemeanor (New York Penal Law 265.01)…
All “Weapons” are not Equal: Understanding Subsection Two of Fourth Dgree Criminal Possession of a Weapon (NY PL 265.01(2))
New York State is on tough place to face a criminal charge. Yea, there are always concerns with New York’s “strict liability” crimes where knowledge, as opposed to intent to commit a crime, is a sufficient basis for an arrest and conviction, but in the realm of New York City…
NYC Firearm & Gun Arrests: Can You Get Your Firearm or Gun Back from the Police if it was Seized After Your Arrest at JFK or LaGuardia Airports
Among many concerns that someone arrested for possessing a loaded (or unloaded) firearm, pistol, revolver or similar gun at a New York City airport may face, is how, if at all, the firearm can be returned subsequent to a resolution of the criminal case. Whether you are charged with a…
Attempted Endangering the Welfare of a Child: When Does Your Conduct Cross the Criminal Line for a NY Arrest
An arrest in New York for Endangering the Welfare of a Child is one of the more serious misdemeanor crimes in the New York Penal Law. Generally speaking, its not that one “A” misdemeanor is more serious than another (all “A” misdemeanor crimes are punishable by as much as one…