QUESTION

What are the approximate penalties for purchasing an unknown counterfeit product?

Asked on Feb 23rd, 2012 on Criminal Law - New York
More details to this question:
We used to get licensed samples from factories in China when we first open our business. After we see the products, we will either contact the distributor information shown on the products for wholesale pricing or sell the rest of the sample products in store. Today two of the sample products were said to be fake by a police officer. My sister has been arrested today and was headed to the police station. What are the approximate penalties are there any advice on this situation?
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2 ANSWERS

Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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First, I'll bet she had to know it was counterfeit to break the law, which she didn't. As for penalties, they could be quite severe. A sentence depends on a lot of things like the exact charge(s), how cooperative the complainant(s) are, any injuries or property damage, the criminal history (including all arrests even if no convictions), behavior towards the arresting officer(s) and other factors.
Answered on Feb 27th, 2012 at 12:44 PM

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Theodore W. Robinson
Your question is not quite clear enough to give a detailed answer. This is because it will likely depend upon the type of counterfeit item and the value of it. Usually, counterfeit products, like handbags, wallets, etc. constitute a felony. However, once an arrest occurs, the best thing to do is hire a criminal defense lawyer right away and they will give you the rest of the information which you have asked about. It also depends upon where this matter is pending, in what county, since that can make a big difference in how severely the prosecutor handles the matter.
Answered on Feb 27th, 2012 at 9:28 AM

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