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New York Criminal Lawyer Blog

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Long Island Dentist Arrested for Reckless Endangerment: Is Intoxication Automatic Proof of Recklessness during any Medical Type Procedure

While the Suffolk County District Attorney’s Office will not be resolving the age old question of whether a dentist is in fact a “doctor” (I do not want to be accused of being an antidentite by-the-way), DA Thomas J. Spota’s Herculoids (a little homage to Hana Barbara, folks), will soon…

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Marijuana as Prison Contraband: Who Knew Marihuana was so Dangerous?

The vast majority of those involved in New York’s criminal justice system, from the officers serving the NYPD and Assistant District Attorneys to judges and criminal defense lawyers, would likely not place marijuana (“marihuana” in the New York Penal Code) in the same realm of contraband such as heroin, cocaine…

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Arrests for Marijuana Possession in New York: Understanding the Difference Between a Criminal and Non-Criminal Offense

Although wrongfully classified by many people as a narcotic drug crime, arrests in New York City and throughout the State of New York for possession of a marijuana (or marihuana as it is referred to in the New York Penal Law) are a distinct and separate category of crime. Criminal…

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Stealing the Identity of a Non-Existant Person in New York: Understanding New York’s Identity Theft Statute (NY PL Article 190)

If not the fastest growing crime, Identity Theft is exploding in New York at a pace that is equal to or greater than almost all other offenses. As a former Manhattan prosecutor who was one of the original members of the first Identity Theft Unit and as a New York…

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Tinted Windows Defense: Challenging an Arrest and the “Fruits” of a Potentially Unlawful Search

Those who have never been accused of a crime often fail to recognize the value or importance of the criminal defense lawyer to the justice system. Some even have pretty nasty things to say about the defense bar. Having said that, when the police wrongfully arrest a person who may…

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Resisting Arrest: The Necessity of an Authorized Arrest & the Right to Object to Unlawful Police Conduct

One of the most frustrating crimes that New York criminal lawyers must defend against is the crime of Resisting Arrest. Although New York Penal Law 205.30 is not as serious a crime as a felony offense, it is frustrating because for every legitimate Resisting Arrest charge that is prosecuted, there…

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Challenging a New York Arrest for a Strangulation Crime: Reduction of NY Penal Law 121.12 to NY Penal Law 121.11

Since the New York State legislature created new violations of the Penal Law and criminal code involving Strangulation and Related Crimes, prosecutors throughout New York City and the suburbs have been bringing these cases at very serious clips. It seems that any time there is allegation of one party grabbing,…

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New York Gun Possession Lawyers Get Dismissal in Airport Loaded Firearm Possession Arrest

There are few things worse than believing you are compliant with the law, but quickly learning you are not. Even more concerning, when the crime involves the possession at an airport of a “loaded” firearm or gun that you believe is properly secured with the ammunition removed, things can look…

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New York Penal Law 190.23: False Personation & Legally Sufficient Criminal Complaints

Sometimes, when we are frustrated, we tend to get “cute” or “fresh.” While talking back to your mother or a friend may get you further into an argument, doing the same with the police can make a bad situation exponentially worse. Its not just a bad attitude that can aggravate…

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Using a Belt to Strike a Child: Can Your Actions Constitute Assault, Endangering the Welfare of a Child & Weapon Possession?

Any crime that involves a child is often given extra scrutiny by prosecutors, judges and even New York criminal lawyers. Compounding matters, if that crime also includes allegations of Assault and Criminal Possession of a Weapon, there is a real concern for the accused whether or not the complaint is…

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