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Articles Posted in Case Results

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Sometimes prosecutors can be all “bark” and no “bite.” In the case of two clients charged with Burglary in the Second Degree (New York Penal Law 140.25), this was precisely the situation. Prosecutors claimed that our clients committed the crime of Burglary in the Second Degree after they allegedly went to a neighbor’s home, got into a physical altercation and broke out a window. If convicted, the clients each faced a minimum of 3.5 years and a maximum of 15 years in state prison. Despite the allegations, our clients adamantly denied going into the complainant’s home, attacking the complainant or breaking a window in the home. In fact, one of our clients sustained a much more significant injury than the alleged victim and suffered a deep laceration requiring sutures as well as various other lacerations inconsistent with the breaking of window glass. Further investigation revealed that although they were present at the location of the incident, another person was initially arrested and released.

At arraignment, the New York criminal lawyers at Saland Law PC convinced the judge to release our clients. Upon their release, Saland Law PC argued with prosecutors over the merits of the case as well as the evidence. After some time, prosecutors offered an “A” misdemeanor and probation to each of our clients. They even claimed it was a “one time offer.” Upon rejecting that offer because of the strong evidence in our clients’ favor, prosecutors stated they would proceed on a felony and scheduled a date for a felony hearing.

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Saland Law PC, a New York white collar criminal defense firm founded by two former Manhattan prosecutors, is pleased to announced a recent “victory” and “top result” on behalf of a client charged with Embezzlement Grand Larceny in the Third Degree (New York Penal Law 155.35) and Identity Theft in the First Degree (New York Penal Law 190.80). Our client, an accountant and former board member for a not-for-profit organization in New York City, faced up to seven years in prison on each charge after prosecutors alleged that he had opened up a line of credit in a board member’s name. The District Attorney’s Office further claimed that our client used the board member’s information to maintain that line of credit. Ultimately, prosecutors concluded that our client funneled $25,000 from the bank for his own use.

Despite the allegations of Identity Theft as a means to perpetrate the Grand Larceny and Embezzlement, we successfully argued that the complainant had actually given our client the authority to open the account many years earlier even though the complainant initially denied this. Fortunately, we were able to find some corroboration to this defense. Ultimately, after a few months of wrangling, prosecutors agreed to dismiss the felony Identity Theft charge against our client and reduce the felony Grand Larceny charge to one misdemeanor count of Petit Larceny (the “shoplifting statute”). Although our client ultimately pleaded to the Petit Larceny in full satisfaction of all of the allegations against him, our client avoided the career ending and life altering collateral consequences of a felony conviction. Moreover, he did not have to make any restitution as part of his plea. Make no mistake. A misdemeanor is still a crime, but not as devastating as a felony with the associated maximum of seven years in state prison and restitution in the amount of $25,000.

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It is unquestionably the best outcome or as close as one can get. Saland Law PC, a Manhattan based criminal defense firm founded by two New York criminal defense attorneys and former Manhattan prosecutors, obtained a dismissal of all charges against a client accused of Assault in the Third Degree (New York Penal Law 120.00). Our client, a doctor, was alleged to have “pummeled” another man in a dog run after a dispute involving their dogs. The complainant had two alleged “witnesses,” actually friends, who claimed they saw the entire incident. Although the complainant had no visible injuries (we requested picture numerous times to no avail) and was seen in fine health the following day by witnesses not tied to either party, the prosecution was bent on going forward. Compounding matters, the complainant’s personal injury attorney called our client within days to see if our client wanted to settle to avoid a lawsuit (he received a resounding “no”).

Fortunately, at least three or four independent witnesses (not friends with either party) saw the incident and asserted that our client never struck anyone. Despite providing these witnesses to the prosecution, the District Attorney’s Office only offered a Harassment violation. Because our client did no wrong and the complainant saw him as a deep pocket for his lawsuit (not only did the “victim” fail to tell the prosecution he was suing, our investigation revealed this was not the first time he sued someone else or was involved in litigation), our client refused this offer.

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Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, is pleased to announce our client received an Adjournment in Contemplation of Dismissal (ACD) after she was arrested for trying to check a firearm (gun, pistol, revolver, etc.) with a desk agent from JetBlue at New York’s John F. Kennedy Airport in Queens. This offense, Criminal Possession of a Weapon in the Second Degree (New York Penal Law 265.03), is a “C” violent felony punishable by up to fifteen years in prison and carries a mandatory minimum of three and one half years in prison.

Despite what many people think, properly registering a firearm and obtaining a concealed weapon permit in their home state does not give them the authority to do so in New York. Compounding matters, even if the gun is “broken down” in a hard sided case with the ammunition in a side compartment, New York law is clear. In substance, if the firearm is capable of being loaded it is, as a matter of law, loaded. What you may perceive as an empty weapon is in fact loaded.

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Although it sounded horrific on paper, the New York criminal defense lawyers at Saland Law PC arguably obtained the best result for a client charged with Criminal Possession of a Weapon (a .380 handgun), Criminal Possession of a Controlled Substance (cocaine), Unlawful Possession of Marijuana and Driving with a Suspended License. Despite the allegations, our client pleaded to the violation of Disorderly Conduct. This disposition avoided not only a criminal record, but jail or probation.

Our client, a resident of North Carolina, came to New York to visit family. Unaware of the laws here, the client brought a legally registered firearm from his home state into New York. When he was pulled over for an alleged traffic infraction, the police also found some marijuana and cocaine on his person in an amount consistent with personal use. Compounding matters, our client was driving on a suspended license for old tickets he was unaware about.

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The New York white collar criminal defense attorneys at Saland Law PC are pleased to announce that another client avoided both a felony conviction and incarceration after being charged with numerous felonies involving theft and fraud. Prosecutors had alleged that our client embezzled in excess of $32,000 from our client’s employer. If convicted of the crimes of Grand Larceny in the Third Degree (NY PL 155.35) and Falsifying Business Records in the First Degree (NY PL 175.10), our client faced up to seven and four years in state prison respectively.

In this particular case, prosecutors alleged that our client siphoned cash payments directed to the employer and that our client entered false data or caused inaccurate data to be entered into the computer system of the business to cover up the alleged fraud. After negotiations and the presentation of other factors, prosecutors permitted our client to plea to a lesser misdemeanor of Petit Larceny (the “shoplifting statute”) and receive a conditional discharge where the judge instructed our client to stay out of trouble for one year. Although our client admitted to some wrongdoing, he was not crippled by his past and he will avoid the collateral consequences and stigma of a felony conviction as well as incarceration.

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The New York white collar criminal defense attorneys at Saland Law PC are pleased to announce that after months of dedication and advocacy, a client accused of felony Grand Larceny embezzlement obtained a misdemeanor without jail or probation. Prosecutors had alleged that our client embezzled in excess of $25,000.00 by skimming and pocketing transactions from his employer either by overcharging transactions and pocketing the amount or by conducting transactions for cash. If convicted of Grand Larceny in the Third Degree , pursuant to New York Penal Law 155.30, our client faced up to seven years in state prison.

While each case is unique and requires its own legal and practical assessment, Saland Law PC has had tremendous success and results representing clients accused of felony fraud, thefts and embezzlements. In fact, our New York white collar criminal defense lawyers have represented numerous clients accused of “White Collar Light” crimes alleging Grand Larceny, Falsifying Business Records, Forgery or related crimes ranging from less than $10,000.00 to well north of $50,000.00. Even more significant than these crimes, the criminal defense attorneys at Saland Law PC have successfully avoided prosecution and kept clients from jail in more serious White Collar allegations of Tax Fraud and Grand Larceny in the multiple millions of dollars.

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The New York criminal defense attorneys at Saland Law PC are pleased to announced that our client was acquitted of all charges in Brooklyn Criminal Court after he had been initially charged with and accused of DWI / DUI pursuant to VTL 1192.3, DWAI, pursuant to VTL 1192.1 and Driving Without a License pursuant to VTL 509.

Our client was involved in an accident where an individual struck him from behind rendering his 2000 BMW inoperable. Our client waited on the scene until the police came and the other vehicle drove off. Although he only “blew” a .053 on the Intoxylizer 5000, and the police charged our client with the violation of VTL 1192.1, the Brooklyn District Attorney’s Office bumped the charged to “Common Law DWI,” a misdemeanor. Throughout the case, the DA’s Office had been offering a violation of VTL 1192.1 which we argued was not an “offer,” but merely the “worst case scenario” in that the DWI was not the proper charge (.08 is the legal limit unless prosecutors can establish other characteristics of being intoxicated), but an inflated offense in conflict with the facts of the case.

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Although it took months of wrangling, the New York criminal defense attorneys at Saland Law PC are pleased that our client was able to avoid a criminal record after being arrested and charged with felony Forgery (New York Penal Law 170.10) and felony Criminal Possession of a Forged Instrument (New York Penal Law 170.25). Prosecutors had alleged that our client, an employee of doctor at a New York City Hospital, stole sheets of a prescription pad belonging to that physician and drafted a prescription for Oxycodone. This prescription was allegedly presented to a pharmacy where it was determined by staff that the doctor’s signature did not match prior prescriptions. Additionally, staff at the pharmacy questioned the number of Oxycodone pills requested.

After advising the prosecution of the facts of the case, providing a “package” about the client and supplying other factors to law enforcement, the prosecution ultimately agreed to dismiss the felony counts and permit our client to plead guilty to Disorderly Conduct (a violation and not a crime). Currently a nursing student, our client will now be able to proceed with her career and without the scarlet letter of a criminal conviction.

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The New York criminal defense lawyers and former Manhattan prosecutors at Saland Law PC are pleased to announce another victory for a client charged with Criminal Possession of a Weapon in the Second Degree for possessing a “loaded” firearm at John F. Kennedy (JFK) Airport in Queens. Although our client, a Florida teacher, was charged with New York Penal Law 265.03 and faced a mandatory minimum term of 3.5 years in prison if convicted of that felony, Saland Law PC secured a disposition where he pleaded to Disorderly Conduct pursuant to New York Penal Law 240.20. Not only did his plea to this violation avoid incarceration, probation or community service, the plea did not give our client a criminal record at all.

Unfortunately, many honest people who lack any criminal intent are swept into the New York criminal justice system for possessing firearms (pistols, hand guns, revolvers, etc.) without a proper permit to do so. Unwittingly, these people visit New York with the firearm thinking that it is “OK” to possess it in New York City because the have a license or permit to have that firearm in their home state. Often times, when they return home through a New York area airport such as LaGuardia and JFK in Queens, they check the firearm and end up getting arrested. Compounding matters, the firearm is legally loaded, albeit not physically, because the ammunition or bullets are in the hard case along with the gun. The message here is clear. Do not bring your firearm to New York unless you have the proper license(s) in New York State and New York City to do so.

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