New York Criminal Lawyer Blog

September 14, 2017

Title IX Sexual Misconduct and Relationship Violence: What is Title IX and How is it Applied on College Campuses

Although Title IX and its affiliated policies and procedures governs sexual misconduct and relationship violence related to college and university campuses, it is critical to recognize that an action commenced under Title IX is separate from the criminal justice system. Yes, crimes or harassment, for example, committed at Columbia University, New York University, Pace University, CUNY, Fordham University or any institution can also lead to an arrest and prosecution in Criminal Court as well as a petition for an order of protection in Family Court, each respective university will conduct its own investigation outside of these bodies. Parallel or not, upon completing their due diligence and following the Title IX investigation process, a decision will be rendered, a potential hearing held to ascertain what, if any violation, occurred and the appropriate punishment will be handed down.

This Title IX blog entry will provide a basic understanding of Title IX as it relates to sexual misconduct and relationship violence in the collegiate realm. Significantly more information with greater detail is available on Saland Law PC’s Title IX information page.

September 10, 2017

Accused Blackmailer Avoids Felony Conviction: Grand Larceny by Extortion Arrest Ends in Disorderly Conduct and No Criminal Record

by Jeremy Saland

Not every criminal lawyer in New York is an Extortion lawyer or Blackmail attorney. You can be well versed in the New York Penal Law, but not be familiar or have experience with the numerous subsections and theories of a Grand Larceny Extortion case. Fortunately for a Saland Law PC client, knowledge, experience and advocacy paid off in what on its face appeared to be a clear-cut violation of New York Penal Law 155.30(6) and other crimes.

After a night of consuming alcohol, our client was alleged to have demanded thousands of dollar from a fellow reveler encountered the night before. More than a mere inconsequential meeting, our client woke in the bed of this man having no recollection of coming home with him. Upon learning that the two had intercourse, our client became extremely alarmed and insisted any sex was without consent. While it was likely indisputable that our client lacked the ability to consent, our client allegedly made a grave mistake and demanded multiple thousands of dollars from the man or our client would report the crime to the NYPD. Ultimately cutting our client a check, our client left and only reported the incident after the check did not clear. At the same time, the man filed a complaint for Extortion.

September 7, 2017

New York Conviction Expungement and Sealing: Criminal Possession of Marijuana and NY CPL 160.59

by Jeremy Saland

Can a judge seal my conviction for Marijuana Possession? Is misdemeanor possession of marijuana an eligible crime for sealing purposes under New York Criminal Procedure Law 160.59? Specifically, I was convicted of New York Penal Law 22.10, Criminal Possession of Marihuana in the Fifth Degree, after the police arrested me for smoking marijuana in public. What about my conviction for Fourth Degree Criminal Possession of Marijuana, New York Penal Law 221.15, after the police arrested me with more than two ounces of the green leafy stuff?

Before diving into the answers to your questions, proceed with some degree of confidence. Whether or not a judge ultimately grants your sealing application and motion, know that arguably NY CPL 160.59 became the law of New York State to help people just like you.

September 3, 2017

The Consequences in New York For Refusing a Chemical Breath Test in a DWI Arrest

by Jeremy Saland

As embarrassing a Drunk Driving, DWI or DUI arrest in New York may be, a conviction for any VTL 1192 crime is exponentially worse. Not only is there potential for incarceration and jail as well as significant fines and fees, a plea or post trial conviction for VTL 1192 also will result in a suspension of your license to drive and an installation of an ignition interlock device on your vehicle. In some situations it is not merely the suspension you will have to contend with, but a revocation of your drivers license in New York by the New York State Department of Motor Vehicles or DMV.

Revocation of your license for a first time offender for a DWI crime usually involves the offense of VTL 1192.3, sometimes known as either Common Law DWI or a Refusal DWI. The latter of these “types” of DWI, and the subject of this blog entry, addresses those crimes where you, after being advised of your rights and the consequences of failing to comply with a request to “blow,” refuse to provide a breath sample. More specifically, this blog addresses how, if all, your refusal can be used against you in a criminal prosecution.

September 1, 2017

What is Criminally Using Drug Paraphernalia: Understanding NY PL 220.50

by Jeremy Saland

Though the topic of drug crimes often conjures thoughts of sales, trafficking, or even mere possession of illegal substances, there is another important category of offense that is regularly prosecuted in New York courts. In fact, you may have been arrested an issued a Desk Appearance Ticket, or DAT, for this crime in addition to possessing a controlled substance or marijuana. What is this offense you ask? Second Degree Criminally Using Drug Paraphernalia, New York Penal Law 220.50.

Second Degree Criminally Using Drug Paraphernalia is classified as an “A” misdemeanor and is capable of producing serious consequences for those convicted of doing so, but understanding the law and the statute is your first step in protecting your future.

August 28, 2017

Am I Being Blackmailed: Difference Between Extortion and Coercion in New York

by Jeremy Saland

Am I the victim of Extortion? Am I being Blackmailed? How are these crimes different than Coercion? I know someone is preying on me and making demands, but what, if any, crime has this person committed? To answer these questions lets examine the following scenarios.

I’m being threatened over some pictures my ex got a hold of. If I don’t pay him he will send them to my employer, landlord and friends on Instagram. I’m being threatened over a compromising video my ex secured without my permission, but instead of wanting money she says that if I don’t tell my family that I’ve done something wrong or admit to my boss I’ve used drugs, she will share it with these same people.

While the above hypotheticals may seem very similar, very similar and the same are quite different. In the eyes of the New York Penal Law, criminal defense lawyers, prosecutors and judges, the above two scenarios are the foundation of two distinct and separate crimes – Grand Larceny Extortion (Blackmail) and Coercion respectively.

August 24, 2017

NY CPL 160.59 Sealing Hearings: Must I Have a Sealing Hearing to Erase My Criminal Conviction

by Jeremy Saland

A common question that is repeatedly asked is whether or not a judge must hold a hearing before granting or denying a sealing motion according to New York Criminal Procedure Law 160.59. In other words, if you want your criminal conviction erased from the public domain can a judge do so without giving the prosecution both an opportunity to respond in a public forum outside of a motion seeking to preclude sealing?

Because I have addressed New York’s criminal conviction sealing statute in great detail throughout this blog and on our website by breaking down the relevant procedures, benefits and eligibility requirements of NY CPL 160.59, I will not do so again here. However, for those with criminal records and convictions in New York beyond ten years old, if you were not aware let this blog serve as notice that as long as you have no more than two total convictions, of only one can be a felony, and those convictions are not sexual or violent crimes, you are potentially able to have your conviction sealed and “removed” from public view. In terms of process, however, beyond filing a motion for sealing, can a judge require more materials and evidence in the form of a hearing before rendering his or her decision?

August 17, 2017

Examining a NYC Desk Appearance Ticket: From Top Offense Charged to OLBS Arrest-ID What it All Means

by Jeremy Saland

Is a New York City Desk Appearance Ticket, or DAT, an arrest? What does “Top Offense Charged” mean? Do I need to keep the appearance ticket? If I lose my DAT is that a problem? What if there is a mistake in my name or date of birth, does the Desk Appearance Ticket become invalid? Do I need an attorney or criminal lawyer at my “trial” or “hearing” when I see the judge?

Briefly, the answers to some of your questions are as follows: If you were given a Desk Appearance Ticket you have been arrested. It does not matter if you lose the ticket or there is incorrect information on the paper. A Desk Appearance Ticket merely is a way the NYPD processes lower level arrests, but crimes nonetheless. Read that twice….You have been arrested. You are charged with a crime. Whether you need a lawyer is subjective, but proceed at your own risk. Retaining counsel experienced in these matters has tremendous value. With all of that said, your first appearance is neither a hearing nor trial, but an arraignment where you are formally charged with a crime. Whether you ultimately have a trial will depend on the allegations, evidence and even your criminal defense attorney.

While extensive information relating to DATs, the DAT process, and other relevant materials is available on the websites below, the links herein, and throughout this blog, this entry will breakdown the important information contained on the face of a DAT and what it all means to you.

August 13, 2017

Can my Misdemeanor Conviction for Drug Possession be Expunged or Sealed in New York: Understanding CPL 160.59

by Jeremy Saland

You’ve taken responsibility and paid your dues. It now begs the question. Can my misdemeanor conviction be sealed? Can my drug arrest be expunged? Is there a statute in New York to clear my criminal record? Its been years, even decades, since my arrest, conviction and sentencing for Seventh Degree Criminal Possession of a Controlled Substance in New York. How do I now get a conviction for New York Penal Law 220.03 vacated, cleaned, washed away, expunged, sealed or any other relief to keep my past from destroying my future? As you can discuss with your criminal defense attorney and conviction sealing lawyer, whether you were convicted by a plea of guilty or by a jury of your peers, simple possession of cocaine, crack-cocaine, heroin, or any other controlled substance can be sealed from your record with a motion to your sentencing court in accordance with New York Criminal Procedure Law 160.59.

August 10, 2017

What is the Standard for Legal Sufficiency in an NY PL 220.03 Complaint: Evidently Kinda’ Low

by Jeremy Saland

The types of drugs that routinely flow through New York City and throughout other New York municipalities range from unlawfully possessed prescription drugs such as Oxy and Adderall to the more common cocaine, heroin, MDAM, Ecstasy and Molly. The law is generally clear and a criminal defense attorney you need not when determining what controlled substances you can (or cannot) possess. For that matter, you neither need a drug lawyer nor your mother to advise you that you can’t have any of these narcotics barring a prescription (or at all) unless your goal is trying to violate a New York drug crime.

You may enjoy getting hopped up, rolling, taking a bump or just getting annihilated and, by all means, that is your decision. It is not my job, as a criminal lawyer, to be your father and lecture you on the ills of drug use and abuse. Its my job to help you when you call me panicked after your arrest. That said, before doing so, just hear me out. Know that there are very real consequences to your actions well beyond those that may land you in handcuffs and before a judge.

Brief pseudo-lecture aside, the purpose of this blog entry is not to address the direct and collateral consequences to drug use and arrests in New York, but to make it clear how low the threshold is for prosecutors to proceed on criminal charges when you are accused of violating New York Penal Law 220.03, Seventh Degree Criminal Possession of a Controlled Substance. In fact, as this blog will make clear, neither Assistant District Attorneys nor police officers need to actually test the drug in any capacity to draft a legally sufficient complaint charging you with this drug crime. What does this mean to you? The law can take you right past Go and directly to Jail in the game of Monopoly that has unfortunately become your life.