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Blog Posts in August, 2010

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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Mortgage Fraud Charges

Following the National tragedy known as the 9/11 attacks, the Fed loosened credit to avoid an economic crisis. This loosening of credit arguably precipitated the housing boom, which ultimately ...
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