With Labor Day just around the corner, the NYPD, local police departments, County Police and New York State Troopers will be out in full force looking to arrest drivers for Driving While Intoxicated (DWI), Driving Under the Influence (DUI), Drunk Driving or any other named version of the New York…
New York Criminal Lawyer Blog
Suppressing a Box Cutter, Gravity Knife or Other Weapon in New York Courts: Does it Matter if the Basis of Your Search was Non-Criminal?
Criminal Possession of a Weapon in the Fourth Degree, otherwise known as Fourth Degree Weapon Possession, is a fairly common misdemeanor arrest charge throughout the boroughs of New York City and the rest of New York State. Beyond an arrest for NY PL 265.01, the police can issue a NYC…
Criminal Possession of a Weapon Defense: Does the “Car & Automobile Presumption” for New York Firearm & Gun Possession Apply if the Weapon is Inoperable?
There are few crimes that prosecutors in New York take as seriously as those involving the illegal possession of firearms, revolvers, pistols, glocks and other weapons. In fact, not only is it an “automatic” felony in New York to possess a loaded firearm outside your home or place of business…
Defending a New York Felony Assault Arrest: Small Scars, Lacerations & Second Degree Assault (NY PL 120.05)
New York Assault lawyers and criminal defense attorney who routinely practice in New York’s criminal courts see Assault prosecutions involving the entire spectrum of injuries. For example, common Third Degree Assault (New York Penal Law 120.00) allegations occur after two people get into a fist fight. Maybe one person took…
UPDATED – Stephanie Pratt’s Boyfriend Faces Possible New York Felony Assault Charges: Trumped Up Arrest Charges or Viable Case Against Julien Chabbott?
In what appears to be a failed low speed getaway, the boyfriend of dime-a-dozen reality “star” Stephanie Pratt was arrested yesterday for allegedly rolling over the foot of a police officer in Manhattan. According to earlier reports, Julien Chabbott was charged with Second Degree Assault (New York Penal Law 120.05(3)),…
Don’t Take That Picture!! Understanding NY PL 250.45 & Unlawful Surveillance
In its most common form, Unlawful Surveillance in New York City (or just about anywhere), usually rears its head as a building superintendent putting a camera in the bathroom or a store employee setting up a video recording system in an area where people change. Having said that, an arrest…
New York DWI Primer: Assessing the Legality of a New York DWI Checkpoint Arrest
Whether you are operating a motor vehicle in Manhattan, Brooklyn, Westchester or anywhere else in New York State, the DWI laws are all the same. For example, if you “blow” and register a .08 or higher BAC, you will face a per se arrest charge of Driving While Intoxicated pursuant…
Criminal Diversion of Prescription Medication: Dismissing NY PL 178.10 for Failure to Establish Reasonable Cause
In substance, New York Penal Law 178.10, Criminal Diversion of Prescription Medications and Prescriptions in the Fourth Degree, prohibits one from knowingly transferring a prescription medication in exchange for anything of value if the individual should have reasonably known that the recipient had no medical need for the medication. This…
Second Degree Harassment: What Can Happen to an NY PL 240.26 Charge When Your Initial Arrest was Unauthorized
While some New York criminal lawyers, prosecutors and judges use the term “fruit of the poisonous tree,” the wording is not nearly as important as the concept in criminal law. That is, if initial conduct by a police officer is unauthorized, for example, the recovery of contraband or property may…
New York VTL 511 Arrests: Understanding the Knowledge Element in Third Degree Aggravated Unlicensed Operation of a Motor Vehicle
Driving with a suspended license in New York may seem like no big deal, but Aggravated Unlicensed Operation of a Motor Vehicle (Vehicle and Traffic Law 511, a/k/a VTL 511), is not only serious, but a criminal offense. Although not a part of the New York Penal Law, VTL 511…