A desk appearance ticket, or “D.A.T.” as it is commonly referred to, is a written notice issued and subscribed by a police officer or other public servant directing you to appear in criminal court in connection with an alleged offense. It can be issued under certain circumstances when a person is being accused of committing…
Continue reading ›The legal prohibition of gravity knives is one of the most vexing crimes in New York state law. First, many people get arrested for this crime without having any idea that their knife is illegal, and this is very understandable given that “gravity knives” were for so long so readily available throughout New York state…
Continue reading ›The next time you are thinking about riding your bicycle on the sidewalk – think twice (or at least make sure there aren’t any police officers around)! Indeed, you might be surprised to learn that it is illegal in New York City to ride your bicycle on the sidewalk, but it is. Specifically, it is…
Continue reading ›Many New Yorkers are arrested each year for shoplifting. Some people, particularly those without prior criminal records, will be issued a desk appearance ticket by the New York City Police Department. Others will be taken to central booking, arraigned, and prosecuted for petit larceny under New York Penal Law section 155.25. For those new to…
Continue reading ›This post discusses some case law on the “Nullity” Concept in Adjournment in Contemplation of Dismissal or Dismissed and Sealed Cases in New York. An adjournment in contemplation of dismissal (“ACD”) pursuant to Criminal Procedure Law section 170.55 is an outcome defense attorneys commonly seek because of the very strong language contained in the final…
Continue reading ›Many recent arrestees facing criminal charges are confused about how the court system will ultimately resolve their cases, or, put differently, what will happen to them. They may also have serious questions about how much time it will take and other general questions concerning the overall process. Generally speaking, a misdemeanor case can take anywhere…
Continue reading ›The New York Criminal Procedure Law sets forth a mechanism by which certain records relating to cases resulting in convictions of violations, such as Disorderly Conduct, PL 240.20, or traffic infractions, such as Unlicensed Driving, VTL 509, are either returned to the person, destroyed, or sealed. CPL 160.55. As always, this entry meant to be…
Continue reading ›People who are arrested may initially be confused when it comes to the difference between a crime and a violation (or infraction) in New York State. Generally speaking, a conviction of a crime carries with it a permanent criminal record whereas a violation (or infraction) disposition does not. This entry will point to some statutory…
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