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New York Criminal Lawyer Blog

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Can You Vacate a New York DWI Plea if the Court Failed to Advise You of Possible Felony Consequences of a Second DWI Arrest?

Most people are familiar with New York DWI laws and crimes on a general level. That is, if you drive drunk in Manhattan, drive under the influence in Brooklyn or drive while intoxicated in White Plains, the potential crimes that you face are only one of a few set forth…

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Per Se Weapons & Fourth Degree New York Weapon Crimes: Defining Bludgeon and Identifying Defense Practices in a NY PL 265.01 Arrest

There are countless means in which a non-weapon, if used in a particular way, becomes a weapon in the eyes of the law. In New York, a tree branch, spoon, pair of shoes or just about anything else, if used in violent and assaultive way, can be the basis of…

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Understanding Official Misconduct & Obstructing Governmental Administration with a “Brady” Twist: NY Penal Law Sections 195.00 & 195.05

Being charged with and arrested for any misdemeanor crime in New York is no walk in the park. A New York criminal defense attorney need not advise you of this obvious fact. The reality is, any accusation has significant and collateral consequences. When the crimes involve some alleged form of…

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NYC ID Theft Ring Bust: Manhattan DA Charges Four in Fraudulent Debit Card Scheme – Over $200,00 & 100s of Debit Cards Recovered

The extent and amount of fraud that is perpetrated by Identity Theft is staggering. As a prosecutor in the Manhattan District Attorney’s Office who spearheaded many multi-million dollar Identity Theft, Forgery and Criminal Possession of a Forged Instrument investigations, arrests and indictments, I have certainly dealt with the underbelly of…

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NYC Weapon & Imitation Pistol Crimes: Understand the Administrative Code and “Reasonably Perceived” Language

Not all of New York’s weapon crimes are located or found in the New York Penal Law. Certainly, a review of Article 265 of the New York Penal Law will reveal the most serious gun and firearm crimes such as Criminal Possession of a Weapon in the Second Degree (New…

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Gun Arrest JFK Results in ACD Dismissal: New York Criminal Possession of Firearm Arrest Results in No Record

In the best of all scenarios, the New York criminal defense attorneys and former Manhattan Assistant District Attorneys at Saland Law PC are proud to announce the granting of an Adjournment in Contemplation of Dismissal (commonly called an ACD) on behalf of a client arrested for Second Degree Criminal Possession…

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Falling Like a House of Cards: Resisting Arrest Dismissed as a Result of Legally Insufficient Claims of Disorderly Conduct

One of the more common ways the police and prosecutors can amplify an otherwise insignificant event is by alleging, and ultimately arresting a person for, Resisting Arrest (New York Penal Law 205.30) or Obstructing Governmental Administration in the Second Degree (New York Penal Law 195.05). That is not to say…

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Limiting the a New York Police Officer’s Right to Inquire about Weapon Possession in a Vehicle: People v. Garcia

There is no denying that armed offenses and mere weapon possession are some of the most serious crimes in the New York Penal Law. Its equally clear that police officers in New York should be able to protect themselves from potential danger when they stop a person who committed a…

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Circumstantial Proof for a NY DWI Arrest: Recent Appellate Decision Favorable to Prosecutors

Every year New York DWI attorneys and DUI lawyers find themselves representing clients accused of drunk driving and Vehicle and Traffic Law 1192 crimes that are re-defined by new criminal statutes or legal decisions. For example, Aggravated DWI in New York State is a crime that enhances penalties and did…

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NY DWI Laws: Can You Be Arrested & Convicted of Drunk Driving in New York Without Being in Your Vehicle

While nobody wants to find themselves as the subject of a New York DWI or DUI arrest, I don’t think anyone could legitimately argue that New York drunk driving laws are firm, serious and potentially devastating for a good reason. As a New York DWI lawyer and DUI attorney as…

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