Every so often there is a story that is worth repeating when it comes to criminal defense in New York. As I have noted countless times in my blog entries and directly to clients, speaking to a detective or police officer with the NYPD or an Assistant District Attorney without a criminal defense attorney is usually a terrible mistake. Remember, you always have a right to request a lawyer. Whatever you say, if it can be construed as damaging in any way, will be used against you. Again, not only do I know this from my experience representing clients throughout New York City, Westchester County and other jurisdictions, but many cases that I prosecuted as an Assistant District Attorney in Manhattan were enhanced because targets of investigations or those arrested either thought they were smart enough to talk themselves out of a situation, minimized their actions through half-truths or just made admission. If you take home anything from this New York criminal law blog entry, remember to think before you speak.
The anecdote worth sharing recently occurred in a Manhattan precinct where our client was arrested in NYC for his alleged involvement in making graffiti. The crimes associated with this offense and common arrest charges for graffiti include the obvious, Making Graffiti (New York Penal Law 145.60), Criminal Mischief in the Fourth Degree (New York Penal Law 145.00) and Possession of Graffiti Instruments (New York Penal Law 145.65). Alternatively, if the graffiti arrest involves a felony a higher degree of Criminal Mischief in the Fourth Degree may be charged.