Today, the Court of Appeals (New York’s highest state court) announced that it was reversing a decision of the Appellate Division, First Department, in the case of the People v. Western Express, et al. As a result, the most serious charge against our client – Enterprise Corruption – was dismissed by a 6-1 vote. The…
Continue reading ›The New York Post is reporting that actress Lindsay Lohan was arrested early this morning at the Dream Downtown Hotel in the confines of the 10th Precinct. According to the story, Ms. Lohan was issued a desk appearance ticket for Leaving the Scene of an Accident Without Reporting, a violation of New York’s Vehicle and…
Continue reading ›In response to the growing number of criminal incidents involving individuals under the influence of bath salts, both Houses of Congress passed S.3187, which President Obama signed off on shortly thereafter in July 2012. Subtitle D specifically places a federal ban on the use, possession, or manufacturing of synthetic drugs, that up until recently were…
Continue reading ›Police officers are authorized to use lethal force under various life-threatening scenarios. But sometimes, they make mistakes and shoot the wrong person, or shoot someone under the wrong circumstances. Police officers that make these sorts of tragic mistakes can face a wide variety of criminal charges, the most serious of which are contained in Chapter…
Continue reading ›Imagine the following scenario: You get into the back seat of a car with three of your friends – Alex is driving, Brian is in the front passenger seat, Chris is in the back seat behind the driver, and you’re sitting next to Chris behind Brian. The four of you drive off and Alex takes…
Continue reading ›We have discussed the forgery laws in New York in general. This post will cover the a common type of arrest in New York City: underage people being caught with a fake ID or New York State Driver’s license. Many young people in the greater New York City area carry a fake ID in order…
Continue reading ›As former prosecutors who now practice criminal defense, we have collectively dealt with hundreds upon hundreds of drug cases over the years. Throughout these years each of us has seen people from all backgrounds and professions walk through the courtroom doors to face drug charges. Whether the person is arrested and “put through the system,”…
Continue reading ›Have you been arrested for bringing a gun to a New York City Airport? There is an age-old principle of law which says that ignorance of the law is no excuse for breaking it (ignorantia juris non exusat); if it were, one could claim a defense to every crime on the grounds that he/she was…
Continue reading ›We have previously discussed the law on Assault in the Third Degree (Penal Law Section 120.00), but in our experience, these cases often proceed differently and require a different strategy when they are initiated by Desk Appearance Tickets. A Desk Appearance Ticket (or “DAT”) for Assault in the Third Degree is usually only issued when…
Continue reading ›Every year thousands of people get arrested in New York for crimes and offenses relating to their driving licenses or driving privileges. One of the most common of these offenses is Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree under VTL (Vehicle and Traffic Law) Section 511(1)(a). Sometimes the police will arrest…
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