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Brooklyn Criminal Defense Blog

Charged with Patronizing a Prostitute - Car Seized

A recent initiative operated by the New York City Police Department's civil enforcement unit, "Operation Losing Proposition," has resulted in numerous arrests in Brooklyn and Queens . ...
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DWI in New York - Driving NOT Required

Most people would assume that in order to be found guilty of DWI , Driving While Intoxicated, the person so charged would have to be "driving" a motor vehicle while in an intoxicated state; however, ...
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Attempted Stalking

In early 2011, The Court of Appeals of New York stated that attempted stalking in the third degree is a legally cognizable offense , People v. Aponte , 16 N.Y.3d 106, 94 N.E.2d 204, 918 N.Y.S.2d 766. ...
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ABC Violations & Consequences

In New York State, an on-premise liquor license is required for a restaurant or bar to sell alcoholic beverages to the public who patronize such an establishment. Subdivision 1 of section 65 of the ...
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Arrested for Shoplifting?

Sephora, Macys, Century21 and other retail stores are known to employ security guards, also commonly referred to as loss prevention associates, to monitor for shoppers who attempt to remove items from ...
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Grand Larceny

PL155.35 reads: A person is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thousand dollars. Grand larceny in the third degree is ...
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Larceny

Penal Law §155.25, Petit Larceny states that a person is guilty of petit larceny when he steals property. Penal Law §155.15 (1) provides that "[i]n any prosecution for larceny committed by trespassory ...
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Reckless Endangerment

Reckless Endangerment may be charged as either an A Misdemeanor or a D Felony, depending on the circumstances in New York. Penal Law 120.20, Reckless Endangerment in the 2nd Degree states that a ...
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Menacing

Menacing charges can range from a Class E Felony, the most serious menacing charge, to a Class B Misdemeanor. Menacing in the first degree, Penal Law 120.13 states that a person is guilty of menacing ...
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Gang Assault Charges

In the city courts throughout the five boroughs, the charge of gang assault is becoming increasingly more common. Gang Assault charges, NY Penal Law 120.06 and PL120.07 are both serious felonies. Gang ...
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Charged with Domestic Violence?

If you are facing criminal charges relating to a domestic violence incident, you should immediately contact a domestic violence attorney to represent your interests. Neither cohabitation nor a current ...
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DWI & Aggravated DWI and the Ignition Interlock Device

As of August 15, 2010, an individual who is convicted of, or otherwise pleads guilty to DWI , VTL 1192(2), VTL 1192(3) or Aggravated Driving While Intoxicated, VTL 1192(2-a), will be required to ...
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DNA Testing & its Admissibility

Deoxyribonucleic acid (DNA) testing, also referred to as genetic fingerprinting, is a powerful technology used by prosecutors to identify criminal suspects and may be used in robbery , attempted ...
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Sexual Abuse Charges

Sex Crimes Charges are very serious crimes and one can find themself charged with such a crime based solely on another's mere accusation; and without objective proof. In fact, an accusation that one ...
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Aggravated Unlicensed Operation VTL 511(1)

If you are unlucky enough to be stopped by the police while operating a motor vehicle in New York with a suspended or revoked license , chances are you will be arrested; brought to the local police ...
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Assault Charges

Assault, broadly defined, is when one person intentionally causes physical injury to another. Assault charges can range from a Class A Misdemeanor, PL120.00, Assault in the Third Degree; up to a Class ...
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Date Rape Charges

"Date Rape" is usually charged as a violation of Penal Law 130.25, Rape in the third degree. The New York Penal Law reads, that a person is guilty of rape in the third degree when: being twenty-one ...
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Rockefeller Drug Law Reforms

In April 2009, Governor David Paterson signed legislation which effectively transferred discretion from the prosecutor to the judge concerning sentencing in many felony drug cases. Under the new ...
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Violations of the Alcoholic Beverage Control Law

Section 65 of the Alcoholic Beverage Control Law , known by the acronym ABC violations, sets forth prohibited sales and special provisions relating to liquor. Section sixty-five states that no person ...
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Criminal Sale of a Controlled Substance

New York City's District Attorneys Office's are known to prosecute drug sale cases to the fullest extent of the law. These cases are prosecuted at both the state and federal level, and often carry ...
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A Rise In Mortgage Fraud

As reported in the August 23, 2010 edition of the Wall Street Journal, mortgage fraud is again on the rise after a precipitous decline following its 2006 peak. Investigators and financial institutions ...
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DWI / DWAI / DUI Charges

In New York, there are different charges a defendant may be facing based on several factors. If your BAC, blood alcohol content, was greater than .05 but less than .08, you may be charged with DWAI , ...
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Weapons Possession Charges

An all too common instance where one finds themselves facing weapons charges is the "gun in the car" case. Too often individuals find themselves charged with weapons possession when they were not even ...
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Cocaine Possession Charges

While there are exceptions to the presumption, the NY Penal Law states that the presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing ...
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Marijuana Possession Charges

In New York, many individuals find themselves facing drug charges even when they were not actually in possession of any drugs. Marijuana possession may take the form of constructive possession or ...
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