Criminal Possession of a Weapon It has happened many times to people who visit New York City. They come from states like Maine or Vermont, which allow residents to carry concealed weapons without a permit, and get in serious trouble when firearms and other weapons are found in their possession. Compared to some states, weapons possession in New York is heavily regulated. Firearms provisions are especially strict, and became even more so in 2013, when the New York Secure Ammunition and Firearms Enforcement Act (NY SAFE) was passed. What is Criminal Possession of a Weapon? The crime of Criminal Possession of a Weapon is not limited to guns: it also includes the weapons listed below. Blackjacks Brass knuckles Dart guns Stun guns Slingshots Switchblades Concealed swords Criminal Possession of a Weapon—the degrees In New York, the offense of Criminal Possession of a Weapon has four degrees. The fourth degree version…
Read MoreIf you’re in trouble with the law in Brooklyn, it is imperative that you spend the time to find the best criminal defense attorney. Picking the right attorney can mean the difference between a permanent criminal conviction versus a clean record. When looking for an attorney, you want someone who understands the crime you are accused of and has the expertise and passion to fight for you. You also want an attorney who is confident in their abilities and knows their way around a Brooklyn courtroom. Public Defender vs. Private Attorney: Key Differences When thinking about retaining an attorney, some will consider waiting for a public defender to take their case. There are positives and negatives to having a public defender as your attorney. Obviously, a public defender is completely free. In addition, the hiring of an expert or investigator through a public defender is also free. But there are…
Read MoreDrug Possession in New York When you leave the house, do you sometimes carry a bottle of the OxyContin that your doctor prescribed for your chronic back pain? If so, then be prepared to prove that you hold a valid prescription, as OxyContin is classified as a controlled substance in New York, and illegal possession can incur life-changing penalties. The History of Drug Possession Laws in New York Drug possession laws in New York have traditionally been harsh compared to those in other states. When the Rockefeller Drug Laws took effect in 1973, the penalty for selling two ounces or more of certain drugs such as marijuana or heroin was upgraded to a minimum of 15 years in prison. In 1977 the section related to marijuana was repealed, but otherwise, New York retained its reputation as one of the toughest states when it came to drug possession penalties. Overview of…
Read MoreCounterfeiting is a serious offense that carries equally serious legal consequences. A conviction could lead to imprisonment, fines, and probation. Given the potential fallout, it’s important to enlist the help of a knowledgeable counterfeiting defense attorney in New York. At The Law Offices of Julie Rendelman, we’ve helped many New York residents navigate their cases and can help you do the same. Julie Rendelman, an experienced criminal defense attorney, aims to provide clarity and effective representation for individuals accused of such an offense. If you’re facing counterfeiting charges, don’t hesitate to contact us today. What is Counterfeiting? Counterfeiting involves the unauthorized copying or reproduction of a product, currency, or document with the intent to deceive others into believing it is genuine. Common examples include: Producing fake currency Manufacturing counterfeit goods, such as designer handbags or electronics Forging official documents, such as passports or checks Both the federal government and individual…
Read MoreNot all criminal charges are created equally. Some qualify as misdemeanors, whereas others are considered felonies. While both encompass crimes punishable under the law, they’re notably different. One carries far harsher penalties than the other, potentially translating to life in prison, steep fines, and, in some states, the death penalty. If you’re facing criminal charges, it’s important to know and understand the classification of the charges against you. Are you facing a misdemeanor or a felony? The distinction is more than a legal formality; it can have far-reaching implications for your rights and future opportunities. Here’s what you need to know. Defining Misdemeanors A misdemeanor is an offense punishable under law. It encompasses less severe crimes with lighter penalties, such as shoplifting, minor drug possession, or simple assault. Since these crimes lean toward the less severe end of the spectrum, the penalties aren’t overly aggressive. Penalties for a misdemeanor typically…
Read MoreGrand larceny is a serious offense in New York City. it can carry significant legal consequences, each varying based on the value and type of the stolen property. The higher the degree of the offense, the more serious the penalties. The highest degree of grand larceny, a first-degree offense, can carry a prison sentence of up to 25 years. Given the potential consequences of a conviction, it’s important to understand your legal rights and options to ensure you can pursue the best possible outcome. Since New York’s laws can be complex and hard to understand without a legal background, hiring a skilled grand larceny defense attorney is crucial. This way, you can take steps toward protecting your future, trusting your lawyer to help protect your freedom. What is Grand Larceny in NYC? New York law defines larceny as the wrongful taking, obtaining, or withholding of another’s property with the intent…
Read MoreDriving while intoxicated (DWI) charges are serious. If convicted, a DWI can significantly impact your life, affecting both your professional and personal lives. If you’re facing a DWI charge, it’s important to contact a knowledgeable New York lawyer with experience in such cases. Your lawyer can carefully examine your case, looking for common reasons that may allow for a dismissal. These reasons range from a lack of reasonable suspicion to procedural errors, each serving as vital tools to help your lawyer work toward a DWI dismissal. 1. Lack of Reasonable Suspicion A police officer must have reasonable suspicion to pull you over. For example, if a driver is weaving between lanes, driving extremely slow, or otherwise driving erratic, the police officer has reasonable suspicion to pull them over. However, if they pull you over without reasonable suspicion, any evidence they gathered afterward may be subject to suppression. This means that…
Read MoreChoosing the right lawyer is crucial when facing criminal charges. If convicted, these charges could affect all aspects of your life, both personal and professional, so it’s important to choose a skilled criminal defense lawyer to protect your rights and pursue the best possible outcome. While the search can seem daunting, especially in a massive city like NYC, if you know what to look for, the process becomes immensely easier. 7 Things to Consider when Choosing a Criminal Defense Lawyer Finding a good criminal defense lawyer that suits your needs can be overwhelming, but if you know what to look for, it doesn’t have to be. Here are seven things to consider when looking for a criminal lawyer: 1. Experience Experience is one of the most important things to think about when looking for a criminal defense attorney. An attorney with experience in handling cases similar to yours is more…
Read MoreWhile the immediate legal penalties of criminal convictions – such as jail time, fines, and criminal records – are well documented, there are many hidden costs of a criminal conviction in New York that are less obvious. In many cases, these kinds of ‘hidden’ consequences of a conviction can play a part in your life for longer than most jail sentences would. In this blog, we’ll explain what these consequences are, how they might be avoided or mitigated – and why these life-changing factors make it absolutely essential that New Yorkers choose the right criminal attorney if they find themselves facing the wrong side of the criminal justice system. Probation and Parole in New York City Beyond jail time or fines, a criminal charge in NYC may result in probation or parole. Probation is a court-ordered period of supervision in the community, typically an alternative to imprisonment. Parole, on the…
Read MoreBeing accused of a sex crime can have catastrophic effects on a person’s life – and a conviction will almost certainly change every aspect of it, not least because the person will likely be expected to register as a sex offender. In New York, where the legal landscape around sex crimes is intricate and always evolving, it’s essential that you have an attorney on your side who can make sure the law is applied correctly and that your rights are upheld at all times. This should always be the case – regardless of the circumstances surrounding any accusation. In this guide, we’ll take a detailed look at the kind of defense strategies an experienced New York sex crimes lawyer will consider if you find yourself accused of this kind of crime. The Broad Range of New York Sex Crimes A ‘criminal sexual act,’ as outlined by the New York penal…
Read MoreIt’s easy to assume that government agencies and law enforcement officers always operate with a person’s Constitutional rights at the heart of what they do. Unfortunately though, this isn’t always the case. While many police and law enforcement officers in NYC work diligently to uphold the constitutional rights of individuals along with New Yorkers’ local laws, there have been many instances where these rights are overlooked or violated. As such, the role of a criminal defense attorney is a crucial one – making sure your rights are protected and upheld during any contact with law enforcement. In this blog, we’ll take a detailed look at some of the rights that law enforcement officers should be aware of and should respect if you find yourself arrested or under investigation here in New York. We’ll also look at how these rights can be contravened, as well as how an experienced criminal defense…
Read MoreIf you, or someone you know, has been indicted or arrested on domestic violence charges, you must contact an experienced domestic violence lawyer. Domestic violence is a serious crime in New York, and can carry a range of penalties – the most extreme being life in prison. New York State rarely allows any domestic violence charges to be dropped due to their sensitive nature, and it pursues an aggressive mandatory arrest policy. Regardless of your guilt, a charge of domestic violence can affect your reputation, your career, and your life in general. It’s important you have the proper representation to stand up for you in court and fight against any domestic violence charges. NYC citizens involved in a domestic violence charge should be aware of the severity of a conviction and understand the prosecution process. Here, we’ll examine the methods lawyers will employ to defend domestic violence cases and explore…
Read MoreBeing questioned by police officers can be an incredibly stressful experience, even when you haven’t committed a crime. But not many people realize that simply talking to the police without a lawyer present is one of the most dangerous things you can do. It’s natural to want to try and explain your innocence to officers, but this can, and usually will, have disastrous consequences. Even speaking to the police as a witness carries a risk of being implicated in a crime, so always consult a lawyer beforehand. The police want to speak to you when you’re alone, nervous, and unprepared. You’re more likely to panic and make a mistake, and they will pressure you to act against your best interests. Regardless of your innocence, an experienced criminal defense attorney will help protect your rights, speak on your behalf, and counsel you before considering making any statements. If you talk to…
Read MoreNavigating the intricacies of federal criminal cases in New York City is not for the faint-hearted. Between the blurred lines of jurisdiction, relentless prosecutorial forces, and the often-confusing tangle of federal statutes, it’s easy to feel overwhelmed. That said, when someone’s future is on the line, it’s absolutely essential you overcome these challenges and make sure every move you make – no matter how small – is informed by an experienced criminal attorney. In this post, we’ll explore the complexities that make federal cases so challenging in NYC, providing a clear view of the situation you’re facing and the tools you’ll need to navigate it effectively. Understanding What Constitutes a Federal Crime To understand some of the complexity that surrounds a federal criminal case, it’s useful to first understand the difference between a state criminal offense and a federal criminal offense. In the simplest terms, the difference lies in who…
Read MoreIf you’re arrested, it’s easy to start thinking about worst-case scenarios. If you’re facing a felony charge, your mind might race to typical sentences for the crime you’re accused of. Even if you’re caught up in the criminal justice system for misdemeanor offenses, you’ll probably think about the impact a conviction might have on employment, family, and day-to-day life. Fortunately, there are many steps and actions you can take to help you try to avoid these worst-case scenarios. With the right factors on your side, you may even find your case acquitted when you appear before a New York City criminal court. In this guide, we’ll explain what acquittal is and some of the paths that can take you from your initial arrest to being told you’re free from your charges. We’ll also cover each step in the arrest-to-trial process, so you can better understand the impact that each step…
Read MoreDrug possession offenses are some of the most commonly charged crimes here in New York City. This is hardly surprising – illegal drugs are commonplace throughout all areas of society in the city. Unfortunately, the consequences of simply being charged with a drug crime are significant – and those consequences grow significantly if you end up with a drug crime conviction. In this blog, we’ll explore the many consequences of drug convictions here in New York. If you’re facing a drug charge, we’ll also explain the steps you should be taking to reduce the impact of a charge or a conviction on various areas of your life. We’ll also explore the idea of ‘collateral consequences’ of drug crimes – i.e., the impact on your life that goes beyond just criminal proceedings. Types of Drug Convictions and Associated Legal Consequences New York’s drug laws can be broken down into four main…
Read MoreIf you’re convicted of a crime in New York, you could be forgiven for thinking that a jail sentence, probation, or fines are the only consequences you’ll face. While these are the factors that will have an immediate impact on your life, there’s a long list of consequences that can follow you for far longer – often for your entire life. In this guide, we’ll explain what those consequences are and the very real impact they can have on several areas of your life, including: Employment Housing Retirement/pension benefits Immigration status Travel and leisure Reputation Friendships and relationships Your second amendment rights The basics: “Collateral consequences” In New York law, the legal term used to describe the impact of a criminal conviction on your wider life is “Collateral consequences.” Also sometimes referred to as “Invisible punishments,” these factors can extend well beyond the immediate jail time, fines, community service, or…
Read MoreNew York City is home to hundreds of criminal defense law firms and thousands of criminal defense lawyers. While every criminal defense lawyer has to have passed the Bar to represent you if you’re facing criminal charges, not all have the criminal law experience to make sure you stand the best possible chances in your case. In this blog, we’ll explain why it’s important to have an experienced NYC criminal defense lawyer on your side if you want to stand the best possible chance of fighting charges and minimizing disruption to your life. What is criminal defense? It’s easy to assume all attorneys do the same job – but this is not the case. A criminal defense lawyer focuses on providing legal representation to someone who has been accused of a criminal offense. This involves protecting the accused’s rights, challenging the evidence that is used against that person, negotiating with…
Read MoreThanks to the principles laid out in The Sixth Amendment, New York’s criminal justice system is, in theory, one of the fairest and just in the world. The trouble is, theory means very little when an otherwise good system gets tangled in a mix of inequality, bureaucracy, and funding issues. In this blog, we’ll take a candid look at the harsh reality of the criminal justice process here in New York City and the potential flaws in some of the steps – flaws that can often lead to significantly different experiences for individuals who find themselves accused of a crime. What should the criminal justice system look like? The process that takes a person from arrest through to possible sentencing is well-documented and clear-cut. It involves the following steps: Arrest: A police officer makes an arrest based on probable cause or a warrant. Booking: The suspect is processed at the…
Read MoreOn the face of it, the justice system should work equally for everyone in New York – but in reality, this isn’t always the case. Clearly, there are countless instances where the odds seem stacked against a defendant because of that person’s background or situation – but it’s easy to overlook high-profile clients when considering those demographics. There are many reasons a person’s case could become high-profile. In some cases, that individual may already have a high profile before the case. In other cases, the severity of the charged crime may be such that the case has attracted a lot of media attention, elevating the defendant to a level of recognition they had not previously had. In this blog, we’ll take a more detailed look at some of the challenges that high-profile cases present – both for defendants and criminal defense lawyers. We’ll also look at some of the factors…
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