“Defamation” is a word loosely used by people when they feel that another person has said something insulting and/or false about them. However, the word has a much more specific definition in the law, as it is defined as any intentional false communication, either written or spoken, that harms a person’s reputation; decreases the respect,…
Continue reading ›During the frenzied pre-Christmas shopping period, hundreds of alleged New York shoplifters will inevitably be stopped and arrested by over-aggressive store security guards in the giant retail stores like Macy’s, Bloomingdale’s, J&R, Century 21, Barney’s, and Sak’s Fifth Avenue. Typically, those people will be taken into store security rooms and interrogated by security guards. In…
Continue reading ›New York Assmeblyman Edward Braunstein, who has previously proposed legislation to combat and criminalize the growing phenomenon of revenge porn, has proposed a new bill relating to the investigation and prosecution of sex crimes. Specifically, he has proposed legislation requiring universities to report rape allegations to local law enforcement. Although this proposal has some appeal,…
Continue reading ›New York state assemblyman Edward Braunstein has proposed legislation to combat the growing problem of “revenge porn,” or the non-consensual disclosure of sexually explicit images. All too often, after a consensual sexual relationship ends, a bitter ex-husband or ex-boyfriend lashes out by posting sexually explicit images of his former lover on the internet. (Note: It…
Continue reading ›In New York, a person arrested for possessing or distributing child pornography can be prosecuted by either the state or federal authorities. As a matter of practice, the accused is most likely to be prosecuted in state court if he is arrested by state police, and in federal court if arrested by federal agents, but…
Continue reading ›Search Warrants In New York, a valid search warrant signed by a judge can give law enforcement officers the right to search your home or place of business (among other places) for evidence of criminal conduct. Sometimes search warrants are obtained after long criminal investigations, and sometimes they are applied for quickly in emergency cases…
Continue reading ›One of the most common criminal charges in the federal system is a violation of 18 USC 922(g). This chapter makes it illegal for certain persons to possess firearms. Notably, this charge in this subsection does not depend upon the type of firearm possessed, though that factor can affect the potential penalties for the offender.…
Continue reading ›An experienced New York state and federal criminal defense attorney explains the law in New York state as it relates to blackmail. Recently, late night talk show host David Letterman went to law enforcement authorities because he claimed that he was the victim of blackmail. Both state and federal law make it illegal to blackmail…
Continue reading ›New York City is home to a plethora of fantastic and popular nightclubs. LAVO, 1OAK, Webster Hall, Cielo, the Sullivan Room, subMercer, Pacha, RdV, Bossa Nova Civic Club, Tenjune, the Village Underground, Bembe, Club Macanudo, the Woods, bOb Bar, and the 40/40 Club are just a few of the clubs that New Yorkers and people…
Continue reading ›A very common arrest in New York City involves charges of Forcible Touching and/or Sexual Abuse in the Third Degree. The two charges are very similar but subtly different, and a conviction for either can result in shame and embarrassment, a criminal record, jail time, and possible registration as a sex offender. So, although these…
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