New York Criminal Lawyer Blog

January 14, 2016

New York Crimes Involving the Possession and Sale of Molly, Ecstasy or MDMA: NY PL Article 220 Arrests and What it Means to You

What is Molly? Why do the police arrest you in New York for even the smallest amount? Why do prosecutors care if you have some drugs for “personal use”? Is the Manhattan District Attorney’s Office, or for that matter any District Attorney’s Office in New York City or a neighboring county, going to waste time and money prosecuting a first time offender for simple drug possession? Simply, the answer to this last question is “yes” and the answers to the prior questions should be equally clear. Whether you are given a Desk Appearance Ticket or you find yourself locked up waiting overnight to see a judge in criminal court the following morning, possession or sale of Molly, MDMA and Ecstasy is without a doubt a serious crime in New York. Certainly, possession of a one or two tablets or capsules recovered from your car or your pocket at a concert or club is a not as serious as having ten, twenty or thirty pills of Molly, but both are crimes. Likewise, possession of a couple tablets of Ecstasy is no where nearly as significant criminally when compared to the sale of even a single capsule of MDMA. The latter is a felony out of the gate. There is no passing “Go”. You are going directly to jail.

So, what are the crimes in New York that one will face upon arrest for possessing or selling MDMA, Molly or Ecstasy? Will you merely get a slap on the wrist? Can a misdemeanor or felony “stick”? Are there any consequences beyond your criminal exposure?

January 9, 2016

Must the NYPD and Prosecutors Allege the Specific Age of a Child in an Endangering Arrest: Examining NY PL 260.10

by Jeremy Saland

There are many elements to an Endangering the Welfare of a Child crime in New York. In fact, the crime of New York Penal Law 260.10 has been addressed, examined and analyzed with regularity on this blog. Sometimes the issue revolves around the intentional conduct of the accused or how long it is acceptable to leave a child alone. Other times the issue involves criminal conduct in the presence of a child even if the child is not fully aware or aware of the criminal actions. This particular blog will examine a less exciting issue (if that term is appropriate) and address from a legal perspective whether the failure of the prosecution to identify the age of a child on the face of an accusatory instrument will doom the charging document and ultimately require its dismissal.

January 4, 2016

Is it too Ambiguous for an Arrest or Conviction: The Standard for Second Degree Aggravated Harassment Complaints

by Jeremy Saland

In New York State, especially in New York City, arrests for Second Degree Aggravated Harassment, New York Penal Law 240.30, are fairly routine. Routine doesn’t mean the crimes are taken lightly by the NYPD or the District Attorney of Manhattan, Brooklyn, Queens or the Bronx. In fact, it is quite the opposite. Whenever there are threats of violence the NYPD will make the arrest and often let prosecutors figure out later what to do with the case. That is not to say the NYPD is not diligent, but all branches of law enforcement are overly cautious and seemingly would rather make an arrest that is later challenged or voided, then leave a threat of violence alone that ultimately festers into an actual act of violence. This line of thinking by law enforcement begs the following question. What is the legal standard that must be crossed for a threat to rise to the level of a valid arrest and prosecution? The following helps answer this question.

December 31, 2015

So You’ve Been Arrested For Computer Hacking: NY Penal Law Article 156 Cyber Crimes and Computer Hacking Offenses

by Jeremy Saland

Prosecutors don’t look to kindly upon computer hackers. Whether you are Anonymous, a kid in your parent’s office, a disgruntled employee, former worker stealing an employer’s proprietary code or algorithms as it relates to their business, or anything in between, there are a litany of crimes you could face in a New York State prosecution. Some of the most severe could land you in prison for many years while others may not carry the same level of punishment, but would likely decimate your future employment opportunities. This blog entry will address some of the New York hacking statutes (there is no formal penal code offense called “hacking”). For further information on these crimes, as well as the Federal Computer Crime and Cyber Crime statute of 18 United States Code 1030, go to New-York-Lawyers.org where there is easily digestible information on these offenses.

December 27, 2015

Understanding Your NYC Desk Appearance Ticket or DAT: Top Offense Charged

by Jeremy Saland

Although not a firm rule, New York City Desk Appearance Tickets (commonly called a DAT or Appearance Ticket) are generally issued to individuals who have little or no prior arrest history and are charge with misdemeanor crimes. These crimes include many serious offenses – Criminal Possession of a Weapon in the Fourth Degree (NY PL 265.01), Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03), Petit Larceny (NY PL 155.25), Criminal Possession of Stolen Property in the Fifth Degree (165.40), Assault in the Third Degree (NY PL 120.00) – and are punishable by as long as one year in jail upon conviction. Even if you never step into Central Booking or Rikers Island, a conviction for shoplifting, possession of cocaine, having a gravity knife or getting into a drunken fistfight can and likely will adversely impact your career, professional licensing or immigration status. Although there are numerous blog entries and extensive content on the New-York-Lawyers.org website that address these crimes, this entry will address what “Top Offense Charged” means and how it may impact your case.

December 14, 2015

Second Degree Assault and Endangering the Welfare of a Child Dismissed: Knife Injury to Eye of Child an Accident

by Jeremy Saland

I have discussed it many times on the NewYorkCriminalLawyerBlog.Com. Endangering the Welfare of a Child, New York Penal Law 260.10, may not be the most serious offense in New York’s criminal code, but it is a crime that is horrifically stigmatizing and one that carries up to one year in jail upon conviction. There is no way around it. An accusation of Endangering the Welfare of a Child cannot be ignored or brushed aside. It is bad enough if the child is not your own, but if the minor is your son or daughter you should expect that either the Administration for Children Service (ACS) or Children Protective Services (CPS) will be knocking on your door to open their own parallel investigation. Simply, when an allegation is untrue or there is a misunderstanding, the consequences of an Endangering the Welfare arrest will not merely go away. Law enforcement is always overly cautions and often for the right reasons even if the accused has done nothing wrong.

A recent example of the above scenario, a client of Saland Law PC not only fought through the embarrassment of a PL 260.10 arrest, but a felony charge of Second Degree Assault, New York Penal Law 120.05, as well. This latter offense carries a sentence of up to seven years in prison, dwarfing the one year of jail a defendant faces on an Endangering the Welfare of a Child conviction. Although the allegations were serious – the NYPD arrested our client for striking the client’s child with a knife in the eye requiring hospital treatment – prosecutors dismissed the all of the charges.

November 16, 2015

Intoxication and Endangering the Welfare of a Child: Can Inebriation Without More be the Basis of an NY PL 260.10 Crime

by Jeremy Saland

You had a few beers. A couple of glasses of wine. A shot or two of whiskey. OK, maybe it was that and a couple of more. Buzzed? Intoxicated? Flat out drunk? Wherever you are on that spectrum, you are watching your kids. At least that’s what you’re supposed to be doing. You are their caretaker and guardian, but your more than a few sheets to the wind. Maybe you had a good time, but that is quickly turning to regret. After all, how can you watch children if you can’t stand straight or speak properly? If you have left your children unattended as a result of your intoxication, have you committed a crime? More specifically, if you are in New York City or anywhere else in the Empire State, can the police arrest you for and prosecutors prove beyond a reasonable doubt the offense of Endangering the Welfare of a Child pursuant to New York Penal Law 260.10? You didn’t strike, injure or intentionally put a child in harms way, so clearly you can’t be guilty of PL 260.10. Right? Speak with your criminal defense attorney and you may be surprised.

November 11, 2015

Obstructing Governmental Administration: Is Blocking Traffic During a Criminal Investigation Sufficient to Establish NY PL 195.05

by Jeremy Saland

Sometimes with good cause and other times without, the NYPD charges individuals with violating New York Penal Law 195.05, Obstructing Governmental Administration. In fact, during my years as a Manhattan prosecutor and currently as a New York criminal defense lawyer, I have seen and currently see both police and Assistant District Attorney’s charge PL 195.05 where the law is interpreted either way too broadly or it is confused with other offenses such as Resisting Arrest. An “A” misdemeanor punishable by as much as one year in a local county jail such as Rikers Island, “OGA” is not a crime that should be taken lightly. Not only is incarceration an ugly thing, but the hint or accusation of criminal conduct can have significant collateral consequences even if an accused never steps on foot in jail. Due to the above reasons, this blog entry will address the crime of Obstructing Governmental Administration and a recent NYC court decision from the Queens Criminal Court review the offense.

November 6, 2015

New York Gambling Crimes: Can a “Player” also be a “Promoter” in Violation of New York Penal 225.30, Possession of a Gambling Device

by Jeremy Saland

Every which way you look, one prosecutorial agency is enforcing a Federal or State law that forbids, prevents or punishes illegal gambling. It may be a lucrative business if you don’t get caught, but as soon as you do it is not uncommon to find yourself charged with Money Laundering and Enterprise Corruption crimes that can take a relatively lesser misdemeanor or felony to a class B felony punishable by up to eight and one third to twenty-five years in prison. While this blog entry will not address those more significant collateral crimes associated with gambling rings that touch New York (even if the accused reside elsewhere), this article will review the critical difference between being a “player” and “promoter” when charged with New York Penal Law 225.30, Possession of a Gambling Device and how you and your criminal defense attorney may chose to attack the gambling related charges.

November 1, 2015

True Threats and No Legitimate Purpose: Establishing the Elements of an Aggravated Harassment Crime, NY PL 240.30

by Jeremy Saland

Second Degree Aggravated Harassment, New York Penal Law 240.30, is one of the most widely charge crimes that often teeters between a violent and non violent offense. Not only are the alleged threats made in an NY PL 240.30 investigation relevant down to the exact words used and the context of declaration, but this offense is just as likely to involve a Desk Appearance Ticket based arrest as it is a Domestic Violence crime or charge. Just as local courts and attorneys have grappled with Second Degree Aggravated Harassment crimes, so has New York State’s highest court, the Court of Appeals. While the following is not an analysis of a Court of Appeals decision, this blog entry does address what constitutes a “true threat” and, pursuant to a different subsection of the crime, “no legitimate purpose” when establishing Aggravated Harassment in the Second Degree at the pleading stage of New York Penal Law 240.30 arrest.