Under New York law, marijuana possession and sale are illegal in New York City. In addition, using marijuana in public and possessing marijuana that is open to be viewed by the public are illegal. Penalties for breaking marijuana laws in New York City vary greatly depending on how much marijuana is involved and if it’s [...]

Once I am read my rights in New York City, can I still be questioned?

May 10, 2013

After you are read your Miranda rights (i.e., the right to remain silent, anything you do or say can be used against you in court, you have the right to consult an attorney, and if you can’t afford one, an attorney will be appointed for you, etc.), you can still be questioned. The questioning can [...]

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Should I post call a bail bondsman about posting bond before talking to a criminal defense attorney in New York City?

April 30, 2013

When a person is arrested and taken to jail, he or she is usually desperate to get out of jail. The person may call and plead with family members to help get them out as quickly as possible. This usually happens after the arraignment, where the charges are read and bail is set. Sometimes, criminal [...]

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What is food stamp fraud in New York City?

April 19, 2013

Unfortunately, millions of federal tax dollars are wasted each year in fraud involving food stamps, also known as the Supplemental Nutrition Assistance Program (SNAP). Food stamp fraud occurs when a recipient receives benefits to which they are not entitled. Fraud involving SNAP benefits can be committed in a variety of ways, and it can be [...]

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New Corruption Laws may be Headed to New York

April 12, 2013

Governor Cuomo is seeking tougher criminal laws in New York for corrupt public officials. Cuomo made the announcement this week. The new laws he is seeking would expand the power of the state’s district attorneys to investigate public corruption and would increase penalties for crimes such as bribery. Cuomo’s announcement occurred one week after two [...]

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Is it a crime to fail to carry identification in New York?

March 29, 2013

In most cases, no. It’s not a crime to be walking the streets of New York without identification. You also don’t have to show ID to a police officer if you are asked, however, if you are arrested for another reason the police may detain you until you can be identified (which could take 72 [...]

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First Man Arrested under New York’s New Tough Gun Laws

March 20, 2013

A 33 year old man from Silver Creek became the first person arrested under New York’s strict new gun laws. The man was charged with illegally selling assault and semi-automatic assault weapons to an undercover state police investigator. The sale included an AR-15, six magazines and 300 rounds of ammo, and an AR-10 semi-automatic rifle, [...]

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What is entrapment?

March 13, 2013

Entrapment is a defense used in a criminal case. Entrapment occurs when a person is persuaded by the police or agents of the police to commit a crime that he or she had no intent to commit. In that situation, the individual can use entrapment as a defense to the criminal charges. Entrapment is a [...]

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If I am charged with a crime in New York but I didn’t do anything wrong, should I be worried?

February 26, 2013

Some people mistakenly think that if they’ve been charged with a crime in New York, but they are not guilty, the criminal justice system will sort out the mistake and they will be released before trial or found not guilty at trial. This is not always true! People who have served years or decades in [...]

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What can I do if I’m worried about police actions against me in New York City?

February 20, 2013

Anyone who has been on the wrong side of law enforcement in the past probably has an awareness, if not a fear, of encountering police in the future. Many criminal suspects in New York City have their civil rights violated, and it’s often up to them to prove that they were mistreated by the police. [...]

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