Although forgery is considered under the umbrella of fraud charges, many people are under the impression that it is a minor charge and not really anything to worry about. Having this perception can be a big mistake. Any person who knowingly possesses or creates a forged document or instrument that confers either liability or value could be accused and possibly found guilty of forgery charges. This specific crime is considered a misdemeanor, punishable by up to a year in jail. Therefore, it warrants the involvement of an experienced New York criminal defense attorney. A written instrument broadly means any kind of printed material, computer program or data, tokens, or currency that is used to convey pieces of information or as proof of some kind of value. This is a very broad definition of forgery, and the potentially broad application of this definition should be considered by you and your attorney…
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Most drug arrests in New York State are carried out by local law enforcement, but under certain circumstances, a drug crime can become a federal matter. These circumstances include: The accused person had a large enough quantity of drugs in their possession to be charged with trafficking A federal officer makes the arrest The offense takes place on federal property, such as a courthouse or national park The involvement of weapons The U.S. government has its own set of laws covering controlled substances, with crimes such as trafficking, distribution, and even possession being investigated and prosecuted by the Drug Enforcement Agency (DEA) and the FBI. If convicted, one typically faces harsher penalties than one would in the state court system. Drug trafficking Federal drug trafficking charges are applied whenever someone is accused of trafficking activity that either crosses state lines or occurs in more than one state. When Schedule I…
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U.S. Attorney General Loretta Lynch and New Jersey State Senator Joseph Kyrillos (R-Middletown, NJ) both want to classify police slayings as hate crimes. Sen. Kyrillos’s proposal would elevate simple assault to aggravated assault if defendants target police officers simply because of their occupation. Other laws already offer similar protections “based on race, on religion, on disability, on sexual orientation,” he noted. Currently, Louisiana is the only state with a so-called Blue Lives Matter law, but lawmakers in several other states are debating such measures. Meanwhile, Attorney General Lynch initially planned to launch a federal hate crimes probe after several officers were slain in Dallas, Texas, but those intentions were shelved after it became apparent that the only suspect in the crimes was deceased. Nevertheless, Ms. Lynch met with officials from the National Fraternal Order of Police, where they reportedly discussed permanently extending the federal hate crimes law to police officers. Hate…
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The U.S. Constitution guarantees a defendant the right to trial by jury in both civil and criminal proceedings. In New York State, a jury pool is drawn from the following resources: Registered voter lists Names on file with the Department of Motor Vehicles Income tax filers Unemployment or family assistance recipients Volunteers Criminal felony trials in New York have 12 jurors and up to six alternates, any of whom can step in if a regular juror is excused for emergency reasons. Civil procedures and trials for lesser criminal offenses (e.g. misdemeanors) usually have six jurors and one to four alternates. The jury selection process Jurors are chosen through a question and answer process called “Voir Dire.” Attorneys for both the prosecution and the defense (and sometimes the judge) ask each prospective juror some questions to determine whether he or she should serve on the case about to be tried. The…
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We rely on our cell phones for several reasons: to communicate with friends and family, go shopping, get directions and even snap a selfie for posterity. It has gotten to the point where we reach for the phone automatically whenever it rings, or a text message alert comes through, even when the safety of doing so is questionable. New York State has strict laws when it comes to using cell phones and other handheld electronic devices while driving. Evidence suggests that taking your eyes off the road for two seconds or longer will double the risk of an accident. According to New York State DMV statistics there was a 143% increase in crashes related to cell phone use between 2005 and 2011. Therefore, if you do any of the following while behind the wheel of a motor vehicle, you face significant penalties. Talking on a handheld cell phone Texting Surfing…
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Many people are confused over the difference between arrest warrants and bench warrants. Some think they are the same thing. Not quite. Both can result in the police taking you into legal custody but there the similarity ends. They are issued under different conditions, and the implications are not always the same. Arrest warrants An arrest warrant is a document signed by a judge that authorizes the police to arrest you and take you into custody. It usually identifies the crime you are accused of and sometimes indicates the manner in which you can be arrested. If the grand jury hears allegations against you and returns an indictment, then the court may issue an arrest warrant. In these instances, the police will go wherever they believe you can be found to arrest you. This can result in an embarrassing situation, such as you being escorted out of your home in…
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”You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.” Most Americans have heard these four sentences, even if not from a law enforcement officer as they are a pillar of our country’s criminal justice system. The Miranda warnings, as this phrase is known, turns 50 this month. The sentences are supposed to be read to detained criminal suspects prior to any questioning. The Miranda warnings inform or remind a suspect of his or her legal rights during interrogation. Where did this text come from? Why do we read it and when was it first read? A man, Ernesto Miranda, was arrested in 1963 in…
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When you’ve been arrested for driving under the influence or any other kind of criminal charges in New York, it can be tempting to want to cooperate with law enforcement in the hopes of a quick resolution to your dilemma. The arresting officers speaking with you immediately after your arrest are counting on your vulnerability. They will try to make you feel nervous about your future and try to talk you into accepting responsibility for the crime sooner rather than later. This makes their lives much easier, but it is not always necessarily the best choice for you. Do not fall for the temptation of trying to work with the police by giving a statement or agreeing that you are at fault. Your first request should be to speak to your New York criminal attorney. Making hurried decisions after you have been arrested for any crime in New York is…
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A study published by researchers from the University of Portsmouth, UK and the University of Sussex, UK in 2014 studied the behaviors of ex-burglars and postgraduate students who had never participated in a burglary. This study was particularly significant because it used a real house and a house simulated on a laptop unlike prior studies, which often relied on interviews and map-based surveys. Each of the twelve participants in the study participated in a mock burglary of a home and a simulated burglary on the computer. Interestingly, the researchers confirmed many of their observations as well as information from existing research. The ex-burglars had each committed many burglaries before and were recruited to the study through advertisements. The study found that they all entered the home and the simulated home through the rear of the house while the students entered through the front door. The front door was exposed to…
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Telephone fraud, also known as telemarketing fraud, covers a wide range of crimes. The common goal of such fraud is to deceive the victim into parting with money or valuable personal information, such as bank accounts and credit card numbers. Commonly reported phone scams include: Pyramid schemes: Victims are persuaded to buy into a business model that promises high returns but never delivers. Charity fraud: This scam solicits charity donations under fraudulent circumstances. Checking account fraud: Con artists deposit counterfeit checks, counterfeit bank or money orders in a victim’s bank account and ask them to wire funds to another party. Eventually, the victim’s bank will freeze their account and leave them responsible for the money. Travel fraud: Victims pay small sums to cover taxes and fees on a vacation prize, only to learn that no vacation exists. Advance Fee Fraud: This common ruse cons victims into paying a small fee…
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The criminal justice system in New York often takes a heavy-handed approach to probation violations. Anyone convicted of a VOP, or a violation of probation, can face a heavy fine and incarceration for the duration of their original sentence. Probation vs. parole Although often confused, the two conditions are not the same. Parole is an early release from prison while probation is a set of guidelines and rules that will keep you out of jail if you comply with them for a specified duration. Under NY Penal Law §65.00, the length of any given probationary period depends on the classification of your criminal offense, from up to one year for Class B misdemeanors (except those involving public lewdness) all the way up to 25 years for Class A-II drug felonies. New York criminal court judges tend to grant probation to those who do not pose a public safety risk. Other…
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Many individuals in New York make the mistake of trusting their friends, relatives or colleagues for advice about to how to handle their criminal case. This can be a huge mistake. While some people might claim to be experts on many different types of criminal cases, they likely do not have the education or training necessary to actually tell you what is true about how your case will unfold. Yet, many of these so-called “experts” will still give you plenty of advice and suggestions about how to move forward. The only individual that you should take advice from after you have been arrested for any crime in the state of New York is your criminal defense attorney. This is because a criminal defense attorney has an ethical responsibility to keep you informed about your case and has the training and the background necessary to properly represent you. There are simply…
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On March 10, 2016, the Manhattan District Attorney’s Office and New York City Police Commissioner confirmed the indictment of 20 defendants for their individual roles in two drug trafficking organizations responsible for distributing heroin and PCP in Manhattan and the Bronx. Detectives executing the search warrants seized, among other things, 14 kilograms of heroin, 14 firearms, and over $100,000 in cash. If found guilty on the heroin possession charges, the defendants could be sent to prison for up to 30 years. Heroin is classified as a Schedule I drug because it is highly addictive and has no accepted medical purpose in the United States. For that reason, authorities are especially harsh when it comes to punishing those who are charged with possession, distribution, or sale. If you are caught possessing heroin in New York, you face heavy fines and possibly decades in prison. The penalties depend on how much you…
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Last July, John Cisneros, who prepares taxes, was indicted for preparing fraudulent returns and defrauding the New York State Department of Taxation and Finance. Cisneros, who was charged in New York State Supreme Court, faced several counts, including Criminal Tax Fraud in the First, Second, and Third Degrees. He is said to have prepared more than 1,000 fraudulent tax returns between 2009 and 2014. His clients received refunds that they were not entitled to and in most instances underpaid their taxes substantially. Criminal tax fraud encompasses a broad range of offenses that cheat the government out of taxes owed. Examples include: Willful failure to file a return Willfully filing a false return Intentionally failing to report all income Knowingly claiming unauthorized deductions Tax fraud crimes and their penalties range in severity from Criminal Tax Fraud in the Fifth Degree, a misdemeanor punishable by up to a year in prison, to…
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Underage drinking is an offense that can have serious repercussions on a young person’s future, especially when motor vehicles are involved. Although less than 10% of all licensed drivers in New York State are under 21, the Foundation for Advancing Alcohol Responsibility states that they still account for 14% of all drunk driving fatalities. For this reason, underage drinkers can have a more negative social image than their adult counterparts and can encounter harsher penalties. The Alcoholic Beverage Control Law states that anyone under 21 who purchases or attempts to purchase alcoholic beverages can be ordered to pay a $100 fine and perform up to 30 hours of community service. Second offenders face a fine of up to $350 in addition to community service. Anyone with two or more underage drinking charges on their record can be fined up to $750, ordered to do community service, and be required to…
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In today’s digital era, many of us are under some form of surveillance as we go about our daily business: traffic cameras on the street and security cameras in retail establishments come to mind. Some forms of surveillance, however, are illegal. Unlawful surveillance takes place when someone installs a hidden camera in a place where one can reasonably expect privacy and uses it to watch or record someone else while they are undressing, using a restroom, or in any situation where intimate parts of their body can be seen. This surveillance occurs without their knowledge or consent and is sometimes done to deliberately abuse or degrade the person. If you are charged with Unlawful Surveillance in the Second Degree (New York Penal Law 250.45), a class E felony, you could face up to four years in prison should you be convicted. The punishment can be more severe if you already…
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Early on the morning of July 20, 2014, two NYPD officers approached a man in the lobby of a New York City Housing Authority building on Park Avenue, near 105th Street in East Harlem. The man, 26-year-old Joseph Pica, attempted to run for the lobby exit, but a female officer grabbed his sweatshirt when he pushed past her. He broke free during the ensuing struggle and ran down a flight of steps. In the process, the officer fell face-first onto the steps and suffered both facial injuries and broken teeth. Pica later pleaded guilty in New York State Supreme Court to Assault on a Police Officer and was sentenced to five years in prison. A person can be charged with assault on a police officer in New York State, under NY Penal Law 120.08, if he or she attacks someone that they knew or should have known to be a…
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Access device fraud, otherwise known as Criminal Use of an Access Device, is the fraudulent use of a card, account number or any other means of illegally accessing an account in order to transfer funds or obtain money, goods, or services. Examples include using someone’s debit card without their permission or using a counterfeit credit card to make purchases. Cases of access device fraud seem to be coming before the courts more frequently these days. On February 18, 2015 former NYPD officer John L. Montanez was sentenced to 28 months in prison for access device fraud and aggravated identity theft. Montanez had agreed to provide another co-defendant, who later cooperated with law enforcement, with unsuspecting victim’s names and driver’s license numbers in return for stolen items. A search of his locker at his precinct yielded 16 identification documents in various victims’ names, such as driver’s licenses, Social Security cards and…
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“Child abuse” is a term used to describe serious crimes committed against children. They include but are not limited to, sexual assault, physical injury and the threat of physical injury. Individuals that have committed acts of child neglect or abuse can be charged with one or more of the following crimes: Endangering the welfare of a child Abandonment of a child Sexual Abuse Assault You can be charged with Endangering the Welfare of a Child if the police believe you knowingly enabled a child under seventeen to be mentally, physically or morally injured. Examples include leaving your toddler in a parked car while you go shopping, failing to supervise your child in a dangerous situation (ie. allowing a young child near a burning stove), or providing your teenager with drugs or alcohol. Endangering the Welfare of a Child is a Class A misdemeanor punishable by a fine and up to…
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