New York Criminal Lawyer Blog

February 9, 2009

NY Penal Law 240.20: Disorderly Conduct – Not an ACD, but a Good Non-Criminal Disposition

A skilled New York criminal defense attorney may be able to beat your criminal case outright or work out a great deal for his or her clients in the face of overwhelming evidence. Sometimes there is a technicality requiring dismissal of the case such as a speedy trial issue or a facial insufficiency problem with the accusatory instrument. Other times, through hard work and perseverance, your criminal defense attorney may be able to get you a deal that avoids any criminal record at all. While an Adjournment in Contemplation of Dismissal (ACD)is the ultimate goal in a case where a deal is reached, a second option is a Disorderly Conduct plea.

As previously discussed in an earlier entry, an ACD will result in your case being dismissed and sealed within six months to a year. Although a Disorderly Conduct will not be dismissed, a plea to this charge will result in a conviction for a violation. Not only is a violation not a crime, but the violation will be sealed as well.

February 5, 2009

NYC Attorney Indicted: Charged with Grand Larceny for Scheme Involving New York County Lawyers Association

by Jeremy Saland

The criminal defense attorneys at Saland Law PC understand the importance of not only zealously advocating for our clients regardless of the crimes they are accused of committing, but also know how critical it is to conduct our practice in an ethical and honest manner. This cannot be understated. Unfortunately, not all attorneys practice their profession in this matter. In fact, in the matter of only a few weeks, a third attorney has been indicted or arrested for alleged misconduct in New York City. The Manhattan District Attorney’s Office announced the indictment today of Brian Lam for Grand Larceny in the Second Degree. Mr. Lam allegedly stole $331,376.42 from the New York County Lawyer’s Association (NYCLA) in a payroll scheme after working for that not-for-profit organization for almost two decades.

Prosecutors have alleged that Mr. Lam, who was responsible for payroll, called in extra compensation to himself. These activities allegedly occurred from 2005 through 2008. Mr. Lam is to be arraigned today in Manhattan Supreme Court.

February 3, 2009

NY Criminal Defense and DNA – Brooklyn Man Arrested for Arson, Attempted Robbery and Attempted Assault

by Jeremy Saland

Any NY criminal defense attorney can explain very simply the power of DNA in tying suspects to crimes. Unfortunately for a recently arrested Brooklyn man, it does not appear that anyone ever explained this to him. According to the Brooklyn (Kings County) District Attorney’s Office, the Grand Jury indicted Erick Clements about a week ago for Attempted Assault in the First Degree, Attempted Assault in the Second Degree, Attempted Robbery in the First Degree and Attempted Arson in the Second Degree. It is alleged that Mr. Clements “attempted [to] assault…a subway token clerk by trying to light him and his booth on fire during an attempted robbery.” This incident occurred back in November of 2007.

Regardless of the accusation, the Brooklyn District Attorney’s Office still must prove the case beyond a reasonable doubt. While that proposition might be easier at certain times than other times, in Mr. Clements’ case, the District Attorney’s Office is armed with very powerful evidence. That evidence is DNA.

February 2, 2009

New York Criminal Defense Law 101 – Defining Felony, Misdemeanor and Violation

by Jeremy Saland

You should not have to rely solely on your New York criminal defense attorney to explain every facet of every law. While the criminal defense attorneys and former Manhattan prosecutors at Saland Law PC, will take the time to explain the law and navigate you through the murky waters of the criminal justice system, educating yourself and being prepared is often one of the best ways to avoid needing a criminal defense attorney in the first place.

Criminal defense attorneys, prosecutors and judges often throw around words that may be confusing to a person not involved in the criminal justice system. As a way to jump start your understanding of the law we will address a few of those words and their definitions.

January 29, 2009

Criminal Sale and Possesion of a Controlled Substance and Conspiracy: “Stack Money Family” Facing Serious Drug and Narcotics Charges

by Jeremy Saland

Working as a NY criminal defense attorney and as a prosecutor has allowed me to examine and analyze cases from all sides including drug crimes relating to drug sales and possession. As a prosecutor in the Manhattan District Attorney’s Office I was cross designated multiple times with the Office of the Special Narcotics Prosecutor to investigate drug organizations where cocaine, crack, and heroin were all sold by crews throughout New York City. As a NY criminal defense attorney, I have represented clients in narcotics and drug cases who are accused of being the target of an investigation where they allegedly sold drugs to an undercover police officer. Depending on the weight or the amount of the narcotic sold, these individuals faced charges related to either Criminal Sale of a Controlled Substance or Criminal Possession of a Controlled Substance.

The investigations I was involved in as an assistant district attorney are not going away anytime soon. In fact, Manhattan prosecutors announced a “take down” yesterday of the “Stack Money Family” that allegedly had a drug operation in the vicinity of 143rd Street. Fifteen alleged members and associates of this organization were arrested and charged with Criminal Possession of a Controlled Substance, Criminal Sale of a Controlled Substance and Conspiracy after the police executed nine search warrants Wednesday morning. According to the Manhattan District Attorney’s Office press release, the crew was run by a man who was incarcerated at Rikers Island.

January 28, 2009

NY Criminal Defense: Defending a Lawyer Indicted for Grand Larceny, Money Laundering and Scheme to Defraud

by Jeremy Saland

As NY criminal defense attorneys and former Manhattan prosecutors, the lawyers at Saland Law PC, have handled cases involving Money Laundering, Grand Larceny, Scheme to Defraud and Offering a False Instrument for Filing. However, there is always a little “twist” when the accused is a member of your own profession. Only a couple of weeks ago I mentioned how important it is to investigate and research your attorney before retaining him or her. Well, once again, some people made a big mistake in retaining the wrong attorney. According to the Manhattan District Attorney’s Office, an attorney and his firm have been indicted from the crimes of Money Laundering, Grand Larceny, Scheme to Defraud and Offering a False Instrument for Filing for defrauding clients.

According to the Manhattan District Attorney’s Office press release, it is alleged that over the course of approximately seven years, Steven Rondos and his law firm, Raia & Rondos, P.C, “engaged in a scheme to defraud 23 incapacitated victims, and the estate of one deceased individual.” It is further alleged that “Mr. Rondos was appointed by various Supreme Court Justices in the New York City metropolitan area and elsewhere as legal guardian of property of incapacitated individuals. In that capacity, Mr. Rondos was responsible for safeguarding and managing the assets of incapacitated people. Instead, Mr. Rondos took advantage of the trust placed in him by the courts and the wards’ families and stole their money. In some instances, Mr. Rondos continued to steal money even after the victims had died.” In total, Mr. Rondos is accused of pocketing millions of his clients’ money and law enforcement is seeking asset forfeiture from him in the neighborhood of $5,000,000.

January 27, 2009

NY Criminal Defense Attorney Obtains Dismissal of Endangering the Welfare of Child

by Jeremy Saland

I have mentioned in previous entries how significant and serious a charge Endangering the Welfare of a Child is to any defendant and his or her criminal defense attorney. While “only” a misdemeanor, it is understandable that there is a zero tolerance policy when it comes to protecting children.

In People v. Maribel Perez, 2008NY046914, a decision published in the last few weeks, a NY County (Manhattan) Criminal Court Judge dismissed the charges of Endangering the Welfare of Child against a mother of young children. This dismissal, however, was not due to the factual allegations in the complaint, but due to a technical legal mistake.

January 24, 2009

Stage Manager Steals “Lipstick Jungle” Props: Facing Criminal Charges of Grand Larceny

by Jeremy Saland

Arthur Moreira had better get a NY criminal defense attorney as soon as possible. If reports are correct, he is facing felony charges relating to Grand Larceny and Criminal Possession of Stolen Property. According to press reports, the stage manager for “Lipstick Jungle” had sticky fingers and made off with 16 bags and coats from designers such as Prada, Gucci, Fendi and Dolce & Gabban. The value of the property is in excess of $30,000.

Mr. Moreira was arrested yesterday and is being arraigned today in Kings county (Brooklyn) Criminal Court. According to the media, an individual noticed one of the bags used for a prop on “Lipstick Jungle” being sold online. It is alleged that this individual contacted law enforcement and undercover officers purchased a Toledano bag for $500. Shortly thereafter, the officers purchased a Burberry coat for $1,400. These items, allegedly being sold well below their retail value, had, according to Mr. Moreira, “fallen off the truck.”

January 22, 2009

Fraud & Deceipt: Investigate Your Criminal Defense Attorney Before You Retain Him or Her

by Jeremy Saland

Through our years of as prosecutors and criminal defense attorneys, we at Saland Law PC have seen the charges before…Scheme to Defraud…Grand Larceny…but usually not in the context I am about to share with you. Unfortunately, I don’t think this will be a shock to anyone, but attorneys…that’s right, criminal defense attorneys, divorce attorneys and real estate attorneys, can be the biggest perpetrators of fraud. Because of this, it is imperative that you do your homework before handing someone not merely a retainer fee, but the reigns to your life. Don’t learn this lesson after it is too late.

The Manhattan District Attorney’s Office just announced an arrest and indictment today of a 59 year old man who had been pretending to be an immigration lawyer. The defendant, Victor Espinal, has been indicted on one count of Grand Larceny in the Third Degree, one count of Scheme to Defraud in the First Degree, one count of Grand Larceny in the Fourth Degree and two counts of Practicing or Appearing as an Attorney-at-Law Without Being Admitted and Registered. If convicted, Mr. Espinal faces up to seven years in state prison on the most serious offense of Grand Larceny in the Third Degree and one year in jail on the least serious offense of Appearing as an Attorney-at-Law Without Being Admitted and Registered.

January 21, 2009

Bribery Plea: Former Bellevue Director Avoids Jail on Felony Plea

by Jeremy Saland

Charged with Bribe Receiving in the Second Degree and Third Degrees (class “C” and “D” felonies punishable by up to 15 and 7 years in state prison respectively), Carlos Perez, the ex-director at Bellevue, recently pleaded guilty to the lesser Bribe Receiving offense. Today, present with his criminal defense attorney in NY County (Manhattan) Supreme Court, Mr. Perez was sentenced to five years probation for the scheme that he perpetrated. In addition to probation, Mr. Perez will also forfeit $25,000.

According to the Manhattan District Attorney’s Office’s website, Mr. Perez’s guilty plea “stems from Mr. Perez’s efforts to assist a company obtain a contract with Bellevue Hospital for the transcription of medical records.”