New York Criminal Lawyer Blog

A New York Heroin Possession Lawyer will inform you that unfortunately, Heroin Possession is one of the most used drugs in New York. This drug takes a substantial toll not only on the users themselves, but on their families, surrounding communities, and law enforcement. Not only the District Attorney, but the U.S. Attorney on the federal level aggressively pursues Heroin Possession. The Federal government has a stake in the pursuit of these crimes, because foreign drug cartels use the funds obtained from their illegal activities to wage their battle against the United States.

In the State of New York, if you are caught with Heroin, you are charged with “Criminal Possession of a Controlled Substance,” which is a Misdemeanor. This is technically referred to a “Criminal Possession of a Controlled Substance in the Seventh Degree.” A Misdemeanor is punishable by up to one year in jail. If you are found to be in possession of a ¼ ounce of heroin, the charge will be “Criminal Possession of a Controlled Substance in the 5th Degree, which is considered a D Felony.

The more Heroin you are arrested with, the higher the felony charge. Being arrested with one ounce or more of Heroin would be a C Felony; possession of two ounces (or more), or attempting to sell the drug would be a B Felony. Possession of over 4 ounces is considered an A Felony.

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Grand Larceny is defined as illegally taking the property of another. In New York State the property must be valued at over $1,000.00. This crime is governed by New York Penal Law Sections 155.30 through 155.42. There are four degrees of Grand Larceny, going from Grand Larceny in the 1st degree through Grand Larceny in the 4th degree.

Grand Larceny in the 4th degree is classified as an E Felony would include a theft with a monetary value of $1,000. but not to be higher than $2,999.99 dollars. This category includes crimes such as car theft (must be valued at over $100.), firearm theft, theft of a religious worship item, and stealing a public record. Grand Larceny in the 3d degree is classified as a D Felony, and is the theft of an item valued at $3,000. or more, but not to exceed $49,999.00. Grand Larceny in the 2nd degree is classified as a C Felony. Grand Larceny in the 1st degree involves a theft where the monetary value of the item exceeds $1,000,000.

A New York Grand Larceny Lawyer will explain to you that a charge of Grand Larceny can be based on an accumulation of dollar amounts. For example if someone steals a credit card and charges $1,000. per day for 50 days, the District Attorney can prosecute the defendant for Grand Larceny in the 2nd degree because the cumulative amount of the money taken is $50,000. The ability of the District Attorney to combine amounts over a period of time does not hold true for other crimes, such as Burglary.

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If you have been charged with a crime in the State of New York, you may not be aware that is possible to be in violation of not only New York State law, but Federal Criminal Law as well. If you have been charged with a crime, it is important that you consult with a New York Federal Criminal Lawyer at your first opportunity. Because there is a great degree of discretion in a case that involves both state and federal law, it is important to consult with a New York Federal Criminal Lawyer to review your options. The offices of the United States Attorney may or may not choose to prosecute the matter under federal law, and may pass the case down to the District Attorney. Conversely, if the District Attorney feels that the crime is appropriate for federal involvement it can refer the case to the U.S. Attorney.

On rare occasion, the New York District Attorney, the United States Attorney and the New York State Attorney General can decide to charge a defendant under both federal law as well as state law. The federal law is governed by the United States Codes, and a crime in the State of New York would be governed by the New York Penal Law. If you have been charged with a state or federal crime, it is important to consult with a New York Federal Criminal Lawyer, as the issue of double jeopardy may arise. The concept of double jeopardy means that a defendant may not be charged twice for the same crime. This is prohibited by the United States Constitution. There is a degree of overlap between state and federal law, but in some instances there is not. If this is the case, then it is possible for a defendant to be charged under both state and federal law. This is a complicated matter and it is important to have a skilled New York City Criminal Lawyer discern whether the case is a state case, federal case, or both.

The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.

A New York Embezzlement Lawyer will explain to you that Embezzlement is defined as wrongfully misappropriating money or property that has been put in a person’s care but is rightfully owned by someone else. This crime is distinguished from Petite Larceny which is the taking of property below the dollar amount of $1,000., or Grand Larceny which is the taking of property valued at over $1,000. If the District Attorney finds that you in fact guilty of Embezzlement, the punishment imposed upon you by the judge can be substantial. If you have been charge with Embezzlement, it is advised that you call a New York Embezzlement Lawyer at your first opportunity.

As mentioned above, the crime of Embezzlement means that a person, who has responsibility for a certain item of property, takes that property. The concept of Fraudulent Conversion may come into play here as well. Conversion is the crime of taking ownership of property that has been left in your care, and using it for your own benefit (in a way that is not authorized). In order to prove Embezzlement, the following elements must be present: (1) the property involved belonged to someone else; (2) the property was converted or used for the defendant’s purposes; (3) the defendant was in a position of trust and possessed legal possession (or access) of the property; and (4) the defendant knowingly defrauded the owner of the property.

The crime is commonly seen in an employer/employee relationship. But it can be seen in other contexts, where a fiduciary relationship exists between the defendant and the owner of the property. Embezzlement is considered a White Collar Crime. This is a collection of crimes that have the common denominator of fraud. Often these crimes can overlap (Mail Fraud, Bank Fraud, and Computer Fraud, for example). Because of this the District Attorney will examine business records to determine the extent of the fraudulent activity. These matters can be far reaching and complex, and such it is important to have the support of a Brooklyn Criminal Lawyer to help you through your case.

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In New York, driving while intoxicated (DWI) is considered to be a Misdemeanor. This law is covered in the New York Vehicle and Traffic Law, Section 1192. This section defines a DWI as any person driving while under the influence of alcohol with a blood alcohol concentration (BAC) of .08% or higher. If you have been arrested for a DWI, it is very important to contact a New York DWI Lawyer.

The New York Vehicle and Traffic Law, Section 1192.1 through 1192.4 cover some of the general criteria of what constitutes a DWI in the State of New York. It is important to remember that there are various ways that someone can be charged with a DWI. The amount of alcohol consumed is a factor as well as the time frame within which it was consumed. The general rule of thumb is that a person can metabolize one drink per hour. Body weight and sex also figure into this equation.

If you have been arrested of a DWI or a DWAI (Driving While Ability Impaired) for first time offenders some of the Sentencing guidelines are set forth below.

In New York, the crime of Endangering the Welfare of a Child is taken very seriously. Few crimes will cause concern and get the immediate attention of Criminal Court authorities more than this allegation. A New York Endangering the Welfare of a Child Defense Lawyer can explain that this crime is taken so seriously because of the perception that a child cannot help themselves, and are unable to seek help if they need it. If a child is not receiving adequate care, there are substantial ramifications for the parents or caregivers. Some of the immediate issues that will be explored by the New York Court and District Attorney’s office relate to who the parents are, what the relationship is between the caregiver and the child, and what was the injury to the child. If you are embroiled in a case involving Endangering the Welfare of a Child, it is imperative that you contact a New York Endangering the Welfare of a Child Defense Lawyer right away. These cases are pursued vigorously by the District Attorney’s office and have can have a significant impact on not only your future, but that of the child.

Depending on the particular circumstances of your case, this matter can be pursued not only by the District Attorney, but the Criminal Court as well. For instance, if a child has suffered excessive corporal punishment, the parent could be charged with Assault in the 2nd degree, which is a Felony. This would be in addition to charge of Endangering the Welfare of a Child, which is a Misdemeanor. Additionally, this type of charge can result in an Order of Protection, which will prevent the defendant from interacting with the child. Failure to adhere to an Order of Protection can result in an Arrest, and additional charges being levied against the defendant, such as Criminal Contempt.

Your New York Endangering the Welfare of a Child Defense Lawyer will also explain to you that the sentences imposed for these violations can be considerable. The criminal sentences that can be imposed can include fines, jail time, counseling, probation and counseling. Civil penalties can also be included. It is possible that the parent or caregiver could lose custody and/or visitation with the child altogether. It is possible that your name could also be entered on the Central Register of Child Abuse and Maltreatment, which is statewide and a matter of public record.

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A New York Drug Possession Lawyer will tell you that New York City is a major drug traffic center. Due to the city’s sheer size and large multinational population, New York has become a major hub for illegal drug trafficking activities. If you have been arrested for a Drug Crime, contact a New York Drug Possession Lawyer today.

New York State and Federal officials frequently focus on the Mexican and Columbia Drug Cartels, as they are major distributors for illegal drugs. Cocaine will often be shipped into New York City through various methods, including truck, boat and even the U.S. Postal Service. Tons of cocaine is brought in the country every year. As a means to obtain the higher level drug traffickers, the police will often arrest street dealers in order to obtain information leading to arrests of larger importers. It is clear that the US Attorney as well as Federal law enforcement are aggressively pursuing these cases; between 2000-2007 NYC reported and average of 200,000 Misdemeanor drug arrests and 30,000 Felony arrests every year. The drugs that are most common on the street include cocaine, marijuana, heroine, LSD, ecstasy, Khat and even steroids. Legal

drugs such as oxycontin are also abused and sold on street, sometimes by writing fraudulent prescriptions. The vast majority of these arrests result in the offender receiving a criminal conviction and ending up in jail.

Most people who experience Driver’s License Suspension are often surprised. Sometimes the first they learn of this problem is when they are arrested. Unfortunately, ignorance of this fact is not a defense. Pursuant to New York Vehicle and Traffic Law, Section 511, if your license is suspended (depending on the circumstances and how many there are) it is possible that you could be charged with a Felony. This crime can happen rather simply; if you have received a moving violation ticket and either do not respond appropriately, and/or fail to go to court when required, or you do not to pay a fine, your license can be suspended. If this scenario has happened to you, call a New York Drivers License Suspension Lawyer. You will require guidance and legal advice to straighten out your legal affairs and ultimately, protect your rights.

This problem can arise fairly easily for the above referenced reasons; however, it is important to remember that commonly the DMV will mail you a letter notifying you that your license is in danger of being revoked. Commonly when people get into to trouble it is because they have moved and do not notify the DMV of the address change. When you do not receive this important notification, and consequently fail to take any appropriate action, your license will be suspended. Often the first you will hear of it is when you are facing an unexpected arrest due to a minor traffic stop. Your Traffic Attorney will be able to explain to you that regardless of why your license actually went into suspension, not being aware of this situation will not help you in terms of a defense strategy.

The District Attorney will look at the number of suspensions to determine what charge you will receive. As an example, if you receive four traffic citations and fail to address them, each ticket counts as a suspension. These four suspensions cannot be lifted until each and every ticket is dealt with, preferably with the assistance of a Staten Island Criminal Lawyer. Additionally, a total of four suspensions will grant you a Misdemeanor charge, which is punishable by incarceration. Be advised that if you have a total of ten suspensions you will be charged with a Felony. Another popular way to receive this violation is to obtain 11 points (or more) for moving violations on your driving record (within an 18 month period). If you know you have acquired 11 points or more, it is important that you call a New York Traffic Lawyer to help you fight this matter.

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One of the most common crimes in New York is Domestic Violence. This category of crime is so common in fact, that the New York court system has courtrooms specially set aside just for these types of cases. The courts have merged the New York Criminal Court and the Family Court to properly handle the caseload. It is interesting to note that technically, there is not crime of Domestic Violence per se, but rather a collection of offenses that constitute this crime, committed within the context of a family or blood relationship, or having a child in common. Some of the crimes may include Assault, Rape, stalking, Sexual Abuse or other Sex Crime, kidnapping, harassment and even Murder. If you are involved in a Domestic Violence conflict, call a New York Domestic Violence Lawyer as soon as possible. Obtaining legal advice is the best way to successfully navigate your way though the legal system and obtain the best result possible.

Because of the volume of cases in this area of law, the New York has created what is called an IDV, or Integrated Domestic Violence Courtroom, which serves to combine criminal punishments with newer case management programs such as anger management, counseling and parenting classes. The creation of the IDV program is to address the criminal court and family court overlap, and specifically address matters such as protection orders, custody and visitation issues, among others. It is helpful for all parties involved that the case be handled in one courtroom, by one judge, to better serve the parties involved and eliminate potential bureaucratic snafus.

When you contact your New York Domestic Violence Lawyer, the will work with the Judge and the District Attorney to discourage conventional and perhaps harsh methods of criminal punishment and defend you innocence. A Queens Criminal Lawyer will serve to defend you against any charges of Assault, sexual abuse, endangering the welfare of a child, or even Murder