New York Criminal Lawyer Blog

January 16, 2018

Criminal Contempt in New York and the Identity of the Protected Person: What Role Does “Victim” Identity Have in a Criminal Complaint

Misdemeanor and Felony Criminal Contempt crimes and charges in New York, New York Penal Law 215.50 and New York Penal Law 215.51 respectively, often arises in the context of alleged violations of Orders of Protection. An Order of Protection is often issued by a Criminal or Family Court, and orders one person to refrain from contacting or being near a specific protected person or persons. In order to charge a person with violating an Order of Protection, the criminal complaint against that defendant must adequately allege the identity of the protected person, as well as what the defendant allegedly did that violated the terms of the Order of Protection. It may seem obvious that the prosecution must specify who the acts were committed against, and how they know that’s who it is, but a failure to make that allegation sufficiently was exactly the issue presented to the trial Court in People v. Pandiello, 54 Misc.3d 496 (NY Co. Crim Ct. 2016). This entry will address the significance of a protected party’s identity when prosecutors charge any one of New York Penal Law sections 215.50, 215.51 or 215.52.

January 11, 2018

Focus Pills, Orange Pills, White Zans and Study Aids for Sale: Craigslist Crimes from the Sale of Dog Food and Berries to Superman and Roxis

by Jeremy Saland

I’m looking to buy some Percs, Zanz, Blue Bus or White Girl Study Buddies. Where can I get some Blue Bars, Oxy or something more “exciting” like Ski, Tina or M30? Whether you want to buy or sell Ritalin, Adderall, Xanax, Heroin, Cocaine, Suboxone, Ecstasy, Percocet, Crystal Meth, or just about any other prescription drug, controlled substance or narcotic, Craigslist and other online forums including Reddit can not merely point you in the right direction, but serve as your online pharmacy of substance abuse. As sneaky as Craigslist pharmacists think they may be by placing “no law enforcement” or “I’m not a cop” in their advertisement, the posts are as brazen as they are inviting to law enforcement and prosecutors.

As a criminal defense lawyer representing clients in drug crimes involving unlawful prescription drug sales and possession, its is my duty to represent a client to the fullest of my ability regardless of the accused conduct. After all, the burden always remains on the prosecution to prove a case beyond a reasonable doubt. Every accused has due process rights that, regardless of the allegation, must never be violated. However, know that it is not my job to also serve as your parent and give you a proverbial pat on the back. An apologist for illegal conduct I am not. While the best defense is abstaining from using, buying, distributing or selling drugs and controlled substances, knowledge of the New York Penal Law, even after the fact, can assist in identifying and implementing the strongest defense to avoid the full force of New York’s criminal justice system.

January 7, 2018

New York “Sextortion” and Non-Consensual Pornography Crimes: Potential New York Penal Law Offenses Relating to “Revenge Porn”

by Jeremy Saland

It likely is neither an exaggeration nor overstatement. “Sextortion” and the circulation of sexual images by a malicious and ill-intentioned former spouse, boyfriend, girlfriend or other person is as emotionally devastating as it is overwhelmingly violative to the victim of such abuse. Unfortunately, New York State does not have any specific offenses tailored to these crimes in the Penal Law leaving both law enforcement and criminal lawyers and victim advocates in a difficult position when it comes to “revenge porn.” With any luck, however, this might change in the coming year. According to a December 21, 2017 press release by Governor Andrew Cuomo, it is his goal to end “sextortion” and the sharing of otherwise non-consensual pornography. While there may be some remedies to victims of these crimes in the New York Penal Law, the set of offenses proposed by the Governor gives law enforcement the tools to prosecute these acts throughout the State of New York. Although not yet codified, these potential crimes include: Unlawful Duplication of Sexual Images, Sexual Extortion in the Third Degree, Sexual Extortion in the Second Degree and Sexual Extortion in the First Degree.

January 3, 2018

Jacqueline Kent Cooke, Granddaughter of Famed Former Redskins Owner, Arrested for More Aggression and Moxie than Entire Washington Defense

by Jeremy Saland

The last time anyone associated with the Washington Redskins opened a can of good old fashion whoop-ass was likely the bludgeoning of John Elway’s Denver Broncos by both Doug Williams and Timmy Smith in Super Bowl XXII. While Jacqueline Kent Cooke may or may not have been a glimmer in her parents’ eyes back in 1988, if the allegations are true as reported by the New York Post and New York Daily News, the heiress now faces criminal charges for at least the second time in her short, but financially enhanced, life. Possibly unfamiliar with the current state of concussions plaguing professional football players, Ms. Kent Cooke is alleged to have made some rather insensitive anti-Semitic statements toward a Jewish lawyer (presumably not former US Senate candidate Roy’s Moore’s Jewish lawyer) followed by a unsportsmanlike slam to the noggin of the fifty plus year old man with her hard sided purse. It is further alleged that Ms. Kent Cooke may have consumed a few too many cocktails

So, with at least three, if not four, full quarters left to play, what is in store for Ms. Kent Cooke as she enjoys the next “few” hours hanging out in Manhattan’s Tombs? What are the potential crimes she may face as she temporarily takes up residence in a dirty jail cell awaiting arraignment in New York County Criminal Court?

January 2, 2018

Why You Need an Attorney for a NYC Desk Appearance Ticket: From Immigration and Minimizing Collateral Consequences to Avoiding Warrants and Criminal Convictions

by Jeremy Saland

A routine and common sentiment heard by New York City Desk Appearance lawyers is that an appearance ticket, aka, DAT, is not a big deal. After all, a DAT is not an arrest and misdemeanor crimes don’t stay on the record, right (wrong!)? So, why worry? Why would you retain or hire a lawyer in New York City for a Desk Appearance Ticket? Better asked, should you get an attorney for an appearance ticket in Manhattan, Brooklyn, Queens or the Bronx? In one word, “yes.”

While a New York Desk Appearance Ticket may charge a lesser crime, each and every misdemeanor or felony upon a conviction will result in a lifelong public criminal record searchable and reviewable by Homeland Security, any and all immigration authorities, potential creditors, future employers, and just about anyone who does a background check for co-op apartment, medical and professional licensure or merely because they want to dig into your history.

Because criminal convictions in New York are never expunged (they can be sealed pursuant to New York Criminal Procedure Law 160.59 depending on the crime and whether it is ten years old or more), it behooves you to take your DAT seriously. Are you a legal resident or a foreign national with a visa? An attorney admitted to a state’s bar? A college student set to graduate and seek employment? Regardless of who you are or what your background is, taking the steps today to challenge or mitigate your criminal allegations and arrest can save you a lifetime of “I should haves” and “Why didn’t Is.”

December 28, 2017

Family Court “Crimes” and Offenses: Understanding NY Family Court Act Section 812

by Jeremy Saland

In the State of New York, if you commit a crime the police can arrest you and a local District Attorney can prosecute you for your alleged illegal conduct. For example, if you ball up your fists and intentionally take a swing at another person’s face, it is likely you would find yourself in front of a judge charged with Third Degree Assault if you gave that person a “shiner.” While not available to all complainants or victims, if you were the recipient of that drubbing and you have an intimate or domestic relationship with your attacker, you may pursue another means to hold your attacker accountable while providing yourself with security and safety going forward. In lieu of or in addition to the criminal justice system, New York’s Family Court Act may be your answer and enable you to obtain an order of protection or restraining order.

As a preliminary matter, and one you should consult with your New York order of protection lawyer or Family Court attorney, you must have a domestic relationship (“member of the same family or household”) ranging from current or former boyfriend or girlfriend to sibling or spouse. Assuming the New York Family Court has jurisdiction over your matter, as a petitioner (similar to a complainant), you can file a petition for an order of protection by setting forth violations of Section 812 of the New York Family Court Act. This section sets forth the offenses, aka, crimes, your lawyer will use as the foundation of your petition. With this in mind, what are the offenses listed in Family Court Act 812 and how to they compare to their brethren offenses in the New York Penal Law?

December 24, 2017

Are New York Desk Appearance Tickets and NYC Pink Summonses Considered Arrests

by Jeremy Saland

I was given a Pink Summons for Disorderly Conduct, is that considered an arrest? A police officer gave me a white Desk Appearance Ticket after being held at Century 21 for shoplifting, was I arrested? Reasonable questions associated with what may be a once in a lifetime mistake, “white tickets” and “pink tickets” are distinct mechanisms to land you, an accused offender, before the criminal courts of New York City. While a pink summons is returnable to 1 Centre Street or 314 West 54^th Street for Manhattan infractions, 1 Centre Street for Brooklyn violations and 120-55 Queens Blvd. for Queens offenses, they are quite different than their white Desk Appearance Ticket counterpart. Yes, you might find yourself at Midtown Community Court at 314 West 54^th Street along with someone issued a pink summons, but Desk Appearance Tickets, a/k/a, DATs, are generally prosecuted in the criminal courts of 100 Centre Street for Manhattan, 120 Schermerhorn for Brooklyn and 125-01 Queens Blvd. for Queens cases. Although the location you appear is telling, the question remains. Is being issued a New York City summons or DAT considered an arrest?

December 21, 2017

Saland Law PC Secures Two Dismissals of New York DWI Chemical Test Refusal Hearings: Clients Maintain License to Drive and Avoid Revocation

by Jeremy Saland

Although some New York DWI and DUI lawyers might argue the “fix is in” when it comes to defending a client in a DWI Chemical Test Refusal Hearing at the NY DMV with an Administrative Law Judge, simply that is not the case. While the standard in these hearings are lower than the parallel proceedings in criminal court where a VTL 1192.3 arrest is prosecuted, the lower burden of proof is not the equivalent to an insurmountable challenge. Case (or cases) in point, both Elizabeth Crotty and Jeremy Saland secured dismissals after the NYPD Officers did not provide sufficient evidence at the respective DWI Refusal Hearings. Because of Saland Law PC’s efforts, cross-examination of the police officers and convincing of the judges, these clients avoided a year long revocation of their license to drive in the State of New York. Obviously, the alternative resolution would have been horrific for our clients.

Before briefly discussing these specific Refusal Hearings, any time a person is arrested for and charged with a Common Law DWI pursuant to New York VTL 1192.3, the arresting police officer or member of the police department must first ask that accused to provide a breath sample. If he or she refuses, the officer in clear and unequivocal language must also advise the driver that failure to submit to a chemical test would result in an immediate suspension and ultimate revocation of his or her license to drive. Not only can this refusal be used against the driver at a later criminal hearing or trial, but even if a criminal case is later beaten, dismissed or the accused is exonerated, the finding and punishment by the Administrative Law Judge would stand. In addition to the issues addressed above, the Administrative Law Judge must also find that the defendant was arrested with probable cause and he or she was in fact operating the motor vehicle.

December 17, 2017

Am I Eligible to Receive an Order of Protection or Restraining Order: Domestic and Same Family Definitions in NY Family Court

by Jeremy Saland

I need a restraining order. How do I get an order of protection? A simple question deserves a straightforward answer, but unfortunately, as your lawyer likely can attest to, the law is not always cooperative on that front. Certainly, if you are a victim of a crime and an order of protection is warranted, upon arrest and prosecution in New York, most judges will issue an order of protection. However, not all cases require the full force of the criminal justice system nor do complainants (you, the victim) want to pursue criminal charges. Enter the New York Family Court Act. The vehicle to secure an order of protection for those who are members of the same household or family, New York’s Family Court is where you would go to get a non-criminal order of protection.

Now that you know where you can go to get a restraining order in New York, the follow up question gets more complicated. Who can avail themselves of Family Court restraining order? The answer, if you noted above, are those petitioners (victims or complainants) who the court statutorily classifies as “members of the same household or family.”

December 13, 2017

Understanding the Felony Arrest and Prosecution Process in Westchester County from Local Justice Court to Westchester County Court

by Jeremy Saland

I was arrested for a felony in Westchester County. The Westchester County police charged me with Second Degree Assault. Detectives from the Yonkers Police Department arrested my sister for felony drug possession. Whether you are arrested in Yorktown Heights, Mount Pleasant, Ossining, Scarsdale, North Castle or Pelham, any felony crime in Westchester County follows the same potential trajectory from arrest and arraignment through indictment or Superior Court Information (SCI).

Although the crimes may vary – Second Degree Criminal Mischief, Third Degree Grand Larceny, Second Degree Criminal Possession of a Weapon – Westchester County felony arrests are either disposed of in a local Justice Court as a misdemeanor, violation or dismissal, or are removed to the County Court in White Plains for prosecution as a felony. This blog entry will briefly address the process followed by the Westchester County District Attorney’s Office. Should you require further information about Westchester County felony crimes and the criminal process, consult with your criminal defense attorney.