New York Criminal Defense Legal Questions

Generally speaking when vehicles are used in the commission of a crime, the police tend to voucher/invoice/keep them for one of two reasons - 1) For arrest evidence or 2) For forfeiture.    When they keep the vehicle for arrest evidence, the District Attorney's Office puts a hold on the vehicle until they are able to investigate it - photograph it, ensure it was operable, etc. In this situation, people are often able to get their vehicles after submitting a demand for the return of property through the District Attorney's Office. With that being said, it can take some time waiting for the ADA to complete their investigation.    In the second scenario, the police attempt to forfeit the vehicle as the instrumentality of a crime. Basically what this means, is they attempt to keep the vehicle so they can they auction it off. This can often be fought and/or negotiated so the vehicle can be returned to you. In some circumstances (such as yours) there may be arguments that the driver is not the lawful owner of the vehicle. I hope this information is helpful. ... Read More

It seems strange that the police would specifically go to your apartment if the phone was not there. Typically in these cases, people activate the "find my phone" feature on their phone, which then shows them an approximate location of their phone. I suspect that's how the police may have ended up at your door.    In terms of potential criminal charges, stolen property can often result in a few different types of charges. If they have anything showing that you physically took the phone from the other person, you may be looking at either a petit or grand larceny, depending upon the value, or even something more serious if there is any indication that force was used. https://www.michaelschillinger.com/astoria-criminal/theft-lawyer/   Additionally, if they don't believe that you took it, but instead knew that it was stolen and kept the item, you could potentially be looking at a criminal possession of stolen property charge.   With all of that being said, the police would need some evidence to actually connect you to the crime. If they do not have probable cause, it is unlikely you will be arrested. Additionally, understand even if you are arrested, that does not necessarily mean that you will do jail time. Oftentimes criminal defense attorneys are able to resolve cases with negotiated pleas that don't involve jail time. Furthermore, in a worst case scenario there is always the option of fighting the case at trial. I hope this is helpful. ... Read More

Technically, it is illegal to stalk somebody online, in person or through the phone lines and a criminal prosecution could be brought against you under state law stalking statutes. I think you should just put this behind you and forget about her. If you call her again, she will likely file a police report and you don't need that. Just don't call her anymore and forget about her.... Read More

To answer this question we would need to know more specific facts. Did the owner of the home supply the alcohol? Were they aware of the party? If they weren't aware of the party, where were they when it was going on? What is their relationship to the 18 y/o? Was anyone injured? Were there narcotics as well?    Generally speaking anyone who supplies a minor with alcohol can be charged with a misdemeanor offense. If the minor just opted to have the party without the homeowner's knowledge though, that's a bit of a different story. The law generally requires a degree of knowledge or intent (mens rea) to be charged and convicted with a crime. Because of that, the specific facts of your situation become critical in doing any type of analysis.    If you're considering allowing your 18 y/o to throw a party with alcohol, that's probably not going to be a good idea. If you've been contacted by police regarding a party that happened in your home, then your best bet is going to be to consult with an attorney who can try and help you resolve the situation. ... Read More

The answer here may depend on whether you are pre or post conviction. If you pled guilty for instance, (or were found guilty at trial) and you now stand convicted of a criminal charge, you may have to give DNA because you were convicted. With that being said, you should ask your attorney about that if that's the case.    If you are pre-conviction and the case is still pending, then it will be specific to your case - in certain circumstances the D.A. can attempt to get a force order to have you swabbed for DNA. Again, this is really something you should be speaking with your attorney about, and he/she should be able to advise you on this. ... Read More

The court usually looks at what his risk of flight is. The stronger the ties to the community, the less the flight risk. So if he has a job, then get a letter from his employer showing how long his employment has been with the company, and that he is a faithful and loyal employee that will most likely continue on into the future, tax return showing stability of income, any property ownership also is helpful. ... Read More

Each DA's Office in NYC has different plea policies, however, speaking generally if this is your first offense it is likely that you'll be able to resolve it with a non-criminal resolution to your case. With that being said, the weapon component will probably play a large role in the DA's offer on your case - as you can imagine menacing with a stick is treated much less seriously than menacing with a gun for instance. With that being said, your best bet is to go through all of the specifics of your case with your attorney and he/she will be able to best advise as to their expectations for the resolution of your case. ... Read More

From what you're saying, it's possible that the police department has a warrant out for your arrest. This can come up any time that law enforcement runs your name in their system - such as if you're pulled over for a traffic stop. With that being said, your best bet here is to contact an attorney who can speak to the police department for you, find out whether or not there is an active warrant for your arrest, find out what the charges are against you, and potentially arrange a voluntary surrender to clear up the warrant and start fighting the case.    As far as what you may be charged with, from what you've stated it seems that it's possible you may be charged with petit or even grand larceny depending on the amount of money that they are alleging you stole. With that being said, being charged with a crime does not give you a criminal record in and of itself. After you are charged and arraigned, your attorney will be provided discovery materials related to your case, will be able to examine the evidence and discuss it with you, advise you on what viable defenses exist as well as the potential for plea bargaining with the District Attorney's Office for a favorable resolution to your case. Understand though, that the simple omission of video does not necessarily mean that you can't be charged with a crime. Oftentimes people are charged with a crime where there is not direct evidence such as video or DNA, but rather they are charged with circumstantial evidence such as your pin code having been used to open the register when the money went missing.    At any rate, from what you've said you may be at risk of being arrested, so you should definitely consider consulting an attorney who can fight your case for you. ... Read More

Surrendering with an attorney has some advantages, the most important of which is that once you're represented by counsel, the police should NOT interview you without your lawyer present. As far as going straight to Court, the police will still have to process you (fingerprint, get your pedigree information, etc.) however, many times if you're represented by an attorney they can speak with the detective to arrange a beneficial time for you when the detective is not otherwise busy that may result in a reduced processing time and get you out more quickly. ... Read More

The short answer to your question is yes, it could potentially be dismissed based upon those grounds. However, getting to a dismissal can be a difficult road. There are a few different ways that you can get there - 1) Your attorney can negotiate with the district attorney, provide them with this information, provide them with proof that the vehicle belonged to a friend and that you could not have possibly known that the plates were forged. 2) There may be some sort of deficiency in the criminal court complaint that could lead to a dismissal. 3) If all else fails, you may be able to get an acquittal at trial, if the Prosecution is unable to prove beyond a reasonable doubt that you, with the intent to defraud, deceive, or injure another, falsely made, completed, or altered the plates.    With all that being said, your attorney should be in contact with the District Attorney's Office, informing them of this information and negotiating a plea deal on your behalf. It's very unlikely that a case like yours, with your background (no prior arrests and 18 yo) would end up with any type of criminal disposition on a misdemeanor forgery case. However, it may be a situation where the District Attorney isn't willing to outright dismiss the case, but instead would offer you some sort of non-criminal disposition, such as an adjournment in contemplation of dismissal with some community service, or a disorderly conduct violation with a fine. ... Read More

As far as potential jail time, that will depend upon a number of different factors, including what you are actually charged with, what your criminal history is like, as well as any mitigating factors that your attorney might be able to present to the DA's office on your behalf. It's unclear how you stole the $200.00, so that will influence what you are actually charged with as well. For instance, if you simply stole $200.00 out of her desk when she wasn't looking, then you may find that you are charged with Petit Larceny, which is a misdemeanor crime and carries up to a year in jail or three years probation. Alternatively, if you forcibly stole the property from her you may find yourself charged with Robbery, which is a felony and potentially carries significantly more jail time than a misdemeanor - as far as how much jail time, that depends on specific Robbery charge that you are charged with, which will depend on the specific facts of your case (i.e. if you used a weapon in the commission of the crime, caused an injury, etc.)  With all that being said, as far as surrendering yourself to the police department, you should definitely retain an attorney to represent you during any interrogation procedure that may occur with the police, or at a bare minimum speak with an attorney before surrendering yourself so that you understand your rights when dealing with the police department (such as your right to remain silent and refuse to answer questions).  Additionally, as far as your case, your attorney should be able to negotiate with the District Attorney's Office and, again depending on the specific facts and circumstances of your case, may be able to negotiate you a plea agreement which involves no jail time. ... Read More

As far as potential jail time, that will depend upon a number of different factors, including what you are actually charged with, what your criminal history is like, as well as any mitigating factors that your attorney might be able to present to the DA's office on your behalf. It's unclear how you stole the $200.00, so that will influence what you are actually charged with as well. For instance, if you simply stole $200.00 out of her desk when she wasn't looking, then you may find that you are charged with Petit Larceny, which is a misdemeanor crime and carries up to a year in jail or three years probation. Alternatively, if you forcibly stole the property from her you may find yourself charged with Robbery, which is a felony and potentially carries significantly more jail time than a misdemeanor - as far as how much jail time, that depends on specific Robbery charge that you are charged with, which will depend on the specific facts of your case (i.e. if you used a weapon in the commission of the crime, caused an injury, etc.)    With all that being said, as far as surrendering yourself to the police department, you should definitely retain an attorney to represent you during any interrogation procedure that may occur with the police, or at a bare minimum speak with an attorney before surrendering yourself so that you understand your rights when dealing with the police department (such as your right to remain silent and refuse to answer questions).    Additionally, as far as your case, your attorney should be able to negotiate with the District Attorney's Office and, again depending on the specific facts and circumstances of your case, may be able to negotiate you a plea agreement which involves no jail time. ... Read More

Generally speaking anything you say to the police can be used against you in future proceedings with a number of exceptions. For instance, under certain circumstances you need to be read your Miranda rights prior to giving any type of statement or answering any questions that the P.O. asks. With that being said, it's difficult to say what impact your statement may have on your case without knowing the full statement and the circumstances in which you made that statement.  Any time that you do speak with police you should do so in the presence of legal counsel. With an attorney present, you can be sure that your legal rights are being protected. For instance, you have the right to not answer any of the P.O.'s questions when they interrogate you. You have the right to not incriminate yourself and to remain silent, refusing to answer questions. You also always have the right to have legal counsel present when being questioned by police. If you are going to surrender yourself, I would certainly suggest that you have an attorney present with you to ensure that your rights are protected. ... Read More

It sounds like your husband was issued what is called a Desk Appearance Ticket or a Criminal Summons. For misdemeanor offenses they need fingerprints most likely because he was arrested for a fingerprintable offense, and they need photos for his rap sheet. I'm assuming he has not been in front of a judge yet? Most likely the next Court date is going to be his arraignment and sometimes they try to arrange to have him fingerprinted and photographed before then to expedite the proceeding, rather than trying to do it the day of. With that being said, any time he interacts with the police on this case he should do so with his attorney present, to ensure that nothing is said that might incriminate him. You should certainly reach out to an attorney to see if you can hire them for the case, or even if you are not looking to hire an attorney for the case but instead have Legal Aid, you may be able to hire an attorney to represent him strictly when he is fingerprinted/photographed to ensure his rights are protected.    Good luck and I hope this information is helpful. ... Read More

As far as whether or not he should take the plea - your best bet is going to be to speak with your Criminal Defense attorney regarding that. You should also consult with an immigration attorney as well, so that they can assess the specifics of your husband's situation to determine how the disorderly conduct would impact his immigration status. There's a number of things that can factor into this, including a potential order of protection, whether he has criminal history, what his immigration status is (LPR or undocumented) etc.    With that being said, as far as some general information - misdemeanor assault (assault in the third degree) is a class "A" misdemeanor offense and can subject your husband to up to to a year in jail, as well as three years probation. Disorderly conduct on the other hand is a violation with a maximum penalty of 15 days in jail. Obviously the disorderly conduct is significantly less serious than the misdemeanor charge both from a Criminal and Immigration standpoint. With that being said, you can ask your defense attorney whether an adjournment in contemplation of dismissal is possible - if they're offering a disorderly conduct they may consider offering an ACD which essentially would adjourn his case for six months (on a non-family case) or a year (on a family case) and at the end it would be dismissed and sealed as if it never happened. With that being said, in certain circumstances, such as if he has an immigration hearing coming up during that ACD period, he may be better off with the disorderly conduct - again it all depends on his specific circumstances so your best bet is going to be to contact an Immigration lawyer and go over the specifics with them. I hope this information was helpful though. ... Read More

This may depend on whether they were charged with operating the vehicle with no license or unauthorized use of a vehicle. More likely than not if they were just charged with operating a vehicle without a valid license (VTL 509.1) then I doubt the Court would contact your daughter. With that being said, if they were charged with unauthorized use of a vehicle PL § 165.05 then the Prosecutor would almost certainly be in touch with your daughter as the owner of the vehicle to determine whether or not your friend had her permission and authority to operate the vehicle.   ... Read More

You're quite right in believing that the police cannot simply enter your home without a warrant or without cause. Generally speaking, the police would need either a search warrant or an arrest warrant to enter your home without permission. There are some exceptions to this rule when exigent circumstances exist, such as if they are in hot pursuit of a suspect. With that being said, if you believe that your civil rights have been violated, you certainly have various methods of recourse. Depending on what specific damage you suffered, you may be able to initiate a lawsuit against the Police department and specific police officers who caused you to suffer those damages. You may also be able to initiate a complaint either internally with the police department, or externally from the police department if you reside in NYC and contact the Civilian Complaint Review Board. With all that being said, you may want to consider consulting an attorney who handles these types of matters as soon as possible, as there are statutes of limitations that can impact your ability to file a claim or sue. I will not advise on those specific periods of time here, but do want to ensure that you are aware that statutes of limitations do exist for lawsuits and therefore you should act quickly.    I hope this information is helpful. ... Read More

Generally speaking yes - any resident of a house can give consent to search the entirety of the house - the exception to this would be if there was a private area that was searched that the individual giving consent should not have access to. i.e. If you have a basement tenant your wife's consent to search your house would not necessarily allow the police to enter the basement tenant's apartment. ... Read More

It's possible that the DA may have allowed the case to seal without your compliance with the community service requirement, but it's also possible that they have not. You can try and check the Court system's website in the WebCriminal section to see if there is a future court date under your name, although that isn't always 100% accurate. You can also attempt contacting the Clerk of the Court's office to see if your case is currently still pending or has been sealed. With that being said, you should always be careful in speaking with the Court without the benefit of an attorney representing you. Your best bet in this type of situation is going to be to consult with a Criminal Defense Attorney who can reach out to the Court on your behalf and verify if the case has been sealed, or if it has not if they can arrange for you to complete your community service and still receive the benefit of the ACD. You should be aware that an adjournment in contemplation of dismissal is just that - an adjournment - and if you do not comply with the terms of that ACD your original Petit Larceny can be restored to the calendar and prosecuted.    I hope this information was helpful.   ... Read More

It sounds like you entered a secure area in the airport and that's why you were arrested. As far as the charges here - Criminal Trespass in the 3rd Degree PL 140.10 is a class "B" misdemeanor and can subject you up to three months in jail or one year probation, as well as $500.00 fine. The trespass violation PL 140.05 is a violation and not a crime, punishable by up to fifteen days in jail and/or a fine.    Depending on your criminal record as well as the severity of the allegations, these can often be pled to lesser offenses and resolved without any type of incarceration. ... Read More

Honestly your question is a bit difficult to answer without having additional details - I certainly would recommend speaking with a Criminal Defense Attorney to discuss the specific facts of your situation. However, generally speaking if there is an arrest warrant out for you and you are aware of it, then the benefit of "turning yourself in" is that you are able to select when/where you will surrender yourself to police. This ensures that you are able to do so in as comfortable a way as possible, rather than finding yourself getting pulled over and that warrant coming up during a routine traffic stop. It also helps your attorney in making the argument during any potential bail request that you voluntarily surrendered yourself and will therefore continue to appear in court to fight your case. Furthermore, it will help your attorney when attempting to negotiate with the District Attorney's Office. HOWEVER - and this is very important - regardless of whether you have an arrest warrant out for you I would make sure that you speak with a Criminal Defense Attorney before contacting any agents of law enforcement - anything you say to the police can be used against you and you may find yourself admitting to criminal conduct and essentially giving the police and the District Attorney the tools to commence a case against you. While you mention you believe you can be charged with GL3, I would point out that you may be better off speaking with an attorney who can advise as to whether or not your conduct was criminal at all. Furthermore, your attorney would also be able to discuss with you whether or not the police might even have probable cause to arrest you. I hope this information is helpful. ... Read More