Articles Posted in Understanding New York Criminal Law

Generally speaking, an offer of an Adjournment in Contemplation of Dismissal (“ACD”) to resolve criminal charges is usually an attractive plea bargain offer to a criminal defendant. After all, pursuant to New York CPL 160.50, individuals receiving ACD’s usually have their cases dismissed and sealed and deemed nullities after six months (or one year in…

A recent article in CNN declared that 60% of the cigarettes sold in New York had been smuggled in from out of state so as to avoid the onerous New York state cigarette taxes. This is somewhat unsurprising, given that New York state imposes a $4.35 tax per pack, and New York City an additional…

Today, a ferry traveling from New Jersey to Pier 11 in Lower Manhattan and carrying 326 passengers (as well as 5 crew members) crashed into the pier at a high rate of speed causing numerous injuries. As of the time of this post, two passengers were listed as being in critical condition. This particular boat,…

Despite the improvements in drug-detecting technology and processes – as well as the steep criminal penalties for those caught importing drugs into the United States – the drug smuggling business still remains lucrative enough to cause many people to attempt to import drugs through commercial airline flights. When smugglers are caught, however, the cases can…

A conviction for a New York state felony is very serious and can involve lengthy sentences of probation or even incarceration. However, what many people do not realize is that a felony conviction can also greatly increase the possible sentence a person can receive on a subsequent felony conviction, especially so when the prior conviction…

The most serious crimes in New York state law are classified as Class A-I felonies; one of these Class A-I felonies is Murder in the First Degree, Penal Law Section 125.27. The majority of homicides in New York are prosecuted pursuant to Penal Law Section 125.25 (Murder in the Second Degree). However, especially violent and…

First-time offenders arrested for shoplifting at large department stores in New York (such as Sak’s Fifth Avenue, Century 21, Bloomingdale’s, Macy’s, or Uniqlo) typically receive Desk Appearance Tickets, or DATS, from the police. (For more on shoplifting and petit larceny arrests, click here and here.). However, many shoplifting defendants also soon receive letters from lawyers…

If you’ve been told to appear in court for a summons, Desk Appearance Ticket (“DAT”), or other criminal case, you can face serious consequences should you fail to appear on your scheduled court date. We advise that you retain an experienced criminal defense attorney immediately to help you repair the damage that has already been…

Recently, a video of a fight between a bus driver and a passenger in Cleveland has gone viral and sparked a great deal of debate. To summarize, a passenger on a Cleveland bus captured cell phone footage of a male municipal bus driver in a profane argument with a female passenger that had refused to…

The authors of this blog represent an individual that recently had a significant charge dismissed against her by the Court of Appeals, New York’s highest state appeals court. The case involved a very interesting and complicated question concerning the proper scope of prosecutions pursuant to the Organized Crime Control Act, pursuant to NY Penal Law…