Most of us know someone who annoys or bothers us. Sometimes they are a former romantic partner, other times they can be a family member, ex-friend, or one-time colleague. On occasion it’s a party we have no personal or professional association with. What can we do about someone like this? As long as their actions are not threatening or alarming, most of us would just ignore them. Unfortunately, others choose to file harassment charges against people who not only had no intention of harassing them, but also had a legitimate reason to contact them. The crime of harassment explained In New York, criminal harassment occurs when an individual intentionally strives to alarm, annoy, or harass another person. It may be done in person, or via virtual actions such as cyberstalking. New York State harassment crimes include: Harassment in the second degree: engaging in conduct intended to annoy or alarm another…
Read More
While criminal activity is not restricted to the holidays, certain crimes appear to become more frequent once December rolls around. The period between Thanksgiving and New Year has long been recognized as a time when reported crimes go up, supposedly due to increased opportunity and financial desperation. To help keep you safe this holiday season, we have identified four crimes that tend to spike at this time. Theft This category covers all crimes related to stealing: shoplifting, picking pockets, and removing valuables from parked cars. Crowded streets, shopping malls, and parking lots all present criminals with more opportunities to exploit. Home burglaries are also more common during this time, with criminals looking for expensive gifts to steal. To protect your belongings and purchases, take extra measures to secure them. Keep your wallet, purse, and shopping bags within sight at all times and refrain from storing valuables inside your car, at…
Read More
Probation is a disposition or sentence imposed by a New York criminal court, whereby you are released without serving any time in jail, although in some circumstances you could be sentenced to both imprisonment and probation. The term is sometimes confused with parole, which is when you serve part of your sentence in the community after a period of incarceration. The courts are more inclined to grant probation if you do not pose a risk to the general public and it appears that you could benefit from the associated guidance. Probation may also be granted to those who are assisting with a drug-related felony investigation or prosecution. Probation Conditions for Convicted Offenders Probation gives convicted offenders the chance to rejoin the community and do better this time. In exchange for this second chance, you are required to obey certain rules during your probationary period. Depending on your original offense, these…
Read More
Last December, four New York City doctors were included in a group of individual and corporate defendants charged with defrauding publicly funded insurance providers like Medicare and Medicaid of millions of dollars. Their arrest drew a lot of press coverage and public ire. In recent years, federal, state, and even local authorities have directed their efforts toward detecting fraudulent billing practices in hospitals, physicians’ offices, nursing homes, and other healthcare providers. Examples of medical care fraud include: Falsifying patient records in connection with a claim for reimbursement is one of the most common acts of healthcare fraud. Billing the government or an insurance provider for services that were never rendered. Also known as “phantom billing,” this fraud is normally detected when a medical professional seeks reimbursement for a visit but there is no record of that visit in the patient’s medical file. Billing for unnecessary and expensive services. One example,…
Read More
Last April, a British lawyer was found guilty of a massive tax fraud scheme. Michael Little, who was licensed to practice law in New York, was accused of helping the family of a U.S. investor conceal millions of dollars from the IRS by depositing it in Swiss bank accounts. He now faces up to five years in prison. Tax fraud is often dismissed as a harmless “catch me if you can” offense. Ask anyone and they will likely say that “everyone” cheats on their taxes (although they will claim to be one of the few who doesn’t.) It’s true that failing to file your yearly income tax return is only a misdemeanor, but when you repeatedly go without filing or act in ways that suggest a determination to avoid paying taxes, the IRS and federal prosecutors come down hard. What is tax evasion? Tax evasion in New York refers to…
Read More
Did you know that in New York, if a police officer catches you flirting, you can be fined $25? If this antiquated law were enforced, then most of the city would be in danger. It’s been on the books for over 100 years and probably dates back to January 1902, when state Assemblyman Francis G. Landon of Dutchess County tried to pass a bill that punished drunken flirtation with a fine of up to $500. It never became law, but flirtation could still result in a $25 fine. Historians say that the law was intended to deter solicitation or prostitution. There are plenty of other still-valid statutes that make no sense today. Many of them date back at least 300 years and were designed to reinforce the sanctity of the Lord’s Day (Sunday). Known as “blue laws,” they outlawed travel, sports, games, and even sex between married couples, all to encourage…
Read More
Being arrested, convicted, and imprisoned is bad enough. It’s even worse when you’re in a foreign country and have no access to friends, family, or even friendly faces who speak your language. Fortunately, you may be eligible for a transfer treaty arrangement that allows you to return to the U.S. to serve out your sentence. History of prisoner transfer treaties The U.S. entered into its first prison transfer treaty in 1977, when it permitted Mexican citizens in American prisons to be transferred home to serve out their sentences. Mexico reciprocated by sending incarcerated Americans to U.S. prisons. This inaugural arrangement was soon replicated in agreements with 12 more countries, including Canada, Hong Kong, France, and Turkey. In 1985 the Council of Europe Convention on the Transfer of Sentenced Persons took effect, and any country that signed it was automatically eligible to have its incarcerated citizens sent home from the U.S.…
Read More
“You have the right to remain silent….” Most of us can recite the remainder of that statement by heart, even if we’ve never been arrested. It’s included in the script of every police drama and reality TV show dedicated to police procedure. What is not so well known is the story behind the so-called “Miranda” warnings. The Miranda case Ernesto Miranda was a 23-year-old Mexican who voluntarily entered a Phoenix police station in March 1963 to answer questions about a kidnapping and rape incident. The 17-year-old victim had given her brother a description of the attacker and a partial license plate number, which led to Miranda being identified and later questioned. After he willingly took part in a police lineup, the police implied that he had been positively identified. At that point, he was still a person of interest and not officially under arrest. Alarmed, Miranda confessed after a two-hour…
Read More
We’ve all watched courtroom dramas with riveting trial scenes. The most memorable are those in which the defendant is found guilty of a crime he did not commit. We sympathize with his feelings of shock and dread as he contemplates a lengthy prison sentence. It’s a grim situation that occurs in real life. Even if the newly-convicted person has to start serving time right away, there’s still a chance to challenge this outcome. In New York, it’s called an Article 440 motion. Is it the same as an appeal? Unlike an appeal, appellate courts do not hear 440 motions. They are made before the trial court and challenge the legality of a criminal conviction based on evidence that is not on the record. There are two sections under Article 440 that allow you to submit a motion to reverse your conviction. Section 440.10 You can challenge your conviction under Section…
Read More
Few things can destroy a person’s life more than being falsely accused of committing a crime. When the police approach and ask you questions, explaining that someone accused you of stealing money from the cash register at work, what can you do? You know you’re innocent, so should you tell your side of the story immediately? The simple answer is: Absolutely not. Here are some guidelines for conducting yourself when accused of a crime you did not commit. Don’t try to explain yourself Don’t say anything—to anyone. Never forget that anything you say can—and will—be used against you. Don’t try to explain yourself to the police. Keep in mind it’s easy to make a comment that can be misconstrued later by a skilled prosecutor. As harsh as this sounds, refrain from discussing the incident with your friends and family. They may have your best interests at heart, but your…
Read More
Prosecutors will often present defendants and their counsel with plea bargains in criminal cases. When you accept, you’re often entering a guilty plea to lesser charges in exchange for a lighter sentence or similar incentive. Such an offer should never be discussed if your defense attorney is not present, as an opportunity that looks attractive on the surface could have unforeseen complications later on. Advantages of a plea bargain The primary benefit of a plea bargain is reduced criminal charges, which result in a lighter sentence and a record that reflects less severe offenses. For example, you may be given a chance to plead guilty to a misdemeanor instead of a felony, or to a crime of a lesser degree or class. The result is a more favorable outcome than if you were found guilty of the original charge. For example: Depending on the conditions, you may get out of…
Read More
These days, social media documents practically everything we do, from birthday parties to vacations and weddings. Now it appears that people are using Facebook, Periscope, and other Internet platforms to live stream their crimes. In April of 2016, 18-year-old Marina Lonina and 29-year-old Raymond Gates, both residents of Ohio, were arrested after Gates raped Lonina’s underage friend while she used Periscope to live stream the assault. Lonina, who could be seen laughing in excitement over the number of “likes” she was getting, was sentenced to nine months in custody while Gates received a nine-year prison sentence. This incident, which drew public attention to social media as a crime-broadcasting platform, aroused disgust and disbelief, but there was more to come. In January, 2017 two men and two women physically and verbally abused a mentally disabled man while one of the women live streamed the attack on Facebook. That same month, three…
Read More
In New York, graffiti is practically part of the local landscape. Everywhere you go, you see bright lettering, splashes of color, and even large murals displaying some personal, social, or political messages on the side of a building and on or around bridges and overpasses. Although graffiti makers and their supporters proclaim its artistic value, decorating someone else’s property without their permission is a Class A misdemeanor that can send the artist to jail for up to a year. New York City has various anti-graffiti task forces dedicated to stopping those who violate the state’s graffiti statute. The government offers cash rewards for information that leads to the arrest of violators and will even remove graffiti upon request. What counts as graffiti? New York law defines graffiti as marks that have been painted, drawn, etched, or otherwise placed on private or public property. For these marks to be considered graffiti,…
Read More
DNA made its first appearance in the mid-1980s, but it wasn’t until 1987 that it became an integral part of the U.S. criminal justice system. On February 5 of that year, an Orange County, Florida jury convicted serial rapist Tommy Lee Andrews after tests matched his DNA to a semen sample taken from one of his victims. Since then, DNA evidence has come to be regarded as irrefutable: according to a 2005 Gallup poll, 85% of people saw it as “very” or “completely” reliable. That’s a lot of faith in a process that, for all its advantages, is as vulnerable to errors and mishandling as any other. Common examples of DNA evidence collected at crime scenes include: Semen Blood Skin particles Hair follicles The larger the sample, the easier it is to test for accurate results, but errors still occur. Below are three common mistakes related to DNA evidence. Timing…
Read More
Traditionally, the only way to post bail for someone in New York City was to make the payment in person at one of the jails or courts. A fax message was then sent to the facility holding the person to indicate that their bail was posted and they were free to go. The system’s flaws became glaringly evident in mid-April when a broken fax machine forced inmates to remain behind bars, even though friends and family had posted bail. Now, bail set at $2,500 or less can be paid online with a credit or debit card. Who is eligible for online bail? Even if an arrestee’s bail does not exceed $2,500, some conditions and limitations can affect their eligibility. They include: A judge has to set credit cards as an approved form of bail payment for the person in question There can be no surety conditions that apply to the…
Read More
Manhattan District Attorney Cyrus R. Vance has confirmed that starting August 1, his office will no longer be prosecuting marijuana smoking and possession cases. The announcement was the result of six months of policy analysis and research that included discussions with legal authorities in areas where marijuana possession and use is no longer a criminal offense. Mr. Vance also released a report summarizing its findings, which helped to shape the new policy. The DA explained that the purpose of the policy is to support a fairer justice system. At present, more black and Hispanic individuals are being charged with marijuana offenses in their respective neighborhoods than those residing in predominantly white communities. These arrests affect a person’s employability, access to education, and even immigration status, leaving a high number of New Yorkers limited in their prospects and alienated from law enforcement. Concerned by the racial disparities in enforcement, DA Vance began…
Read More
Did you know that if you are convicted of a federal offense that you stand to lose more than your freedom? Using a process known as criminal forfeiture, the government can seize certain assets and property after and, in some instances, before your conviction. Criminal vs. civil forfeiture Criminal forfeiture is part of an overall criminal prosecution proceeding. It requires that in addition to the defendant, the government indict the property that either Was used to commit the crime, or was Derived from criminal activity, such as financial gain Upon conviction, you are required to forfeit these assets to the government. Criminal forfeiture differs from civil judicial forfeiture in that a conviction is required before the government can seize the property. For this reason, criminal forfeiture is an in personam (against the person) action as opposed to an in rem (against the property) proceeding. Its purpose is to deter and…
Read More
We hear the term “double jeopardy” thrown around a lot in courtroom dramas and there’s even a 1999 movie of the same name. Despite—or perhaps because of—the fact that the term is so prevalent in popular culture, the true meaning is not well understood outside of the legal profession. Double jeopardy, which is referenced in the Fifth Amendment, confirms that under most circumstances, a criminal defendant who has been acquitted (or even convicted) may not be tried again for the same offense. It also prohibits the application of more than one punishment for the same offense. When does double jeopardy “attach?” For a criminal defendant to be protected by this Fifth Amendment clause, the government must place him or her “in jeopardy.” This typically takes effect the moment that the court swears in the jury or, in a trial before a judge, after the first witness is sworn in and…
Read More
Crime TV has been entertaining us for generations. From the black and white Perry Mason courtroom dramas to the dark and gritty episodes of Law and Order, we’ve been educated on how the criminal justice system works—or have we? These shows are so engaging and well-written that it’s easy to forget that they only imitate life, they don’t reflect it. The crime, its investigation, and both the arrest and trial of the suspect are packed into a single hour, which is definitely not how the system really operates. As a result, many people charged with criminal offenses in New York State have an incorrect understanding of how crimes are investigated and can unwittingly harm their own cases. Below is a list of some of the biggest criminal justice system myths that have been inspired by TV and movies. The police can make a deal with you We see it all…
Read More
At the end of November, the Supreme Court heard opening arguments in Carpenter v. United States, a landmark digital privacy case. At issue is whether or not the police require a warrant to track the location of a smartphone. The case involves Timothy Carpenter, who was accused of joining several friends in robbing Michigan and Ohio electronics stores between December 2010 and March 2011. Four of his co-conspirators were arrested, and one of them surrendered his phone. A judge granted an order for the FBI to obtain transactional information from the cell phone providers for multiple numbers on the phone. A warrant was not granted, as authorities did not yet have probable cause to request one. The information retrieved revealed that Carpenter’s phone pinged cell towers in the vicinity of the robberies at the times they took place. This led to him being arrested, convicted, and sentenced to 116 years…
Read More