Articles Posted in Criminal Law

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Two officers and three firefighters from New York face federal charges after a recent FBI raid of Staten Island gambling operations, The New York Post reports.

Criminal Defense Attorneys understand that good people sometimes make mistakes. And yet those mistakes can create a lifetime of lasting problems. Losing a job, ruining a person’s reputation or sullying one’s family name on top of the possible penalties in the criminal justice system can make life hard. That’s why if you are arrested and charged with a crime in New York, you should consult an experienced criminal defense firm that will stand by your side and fight for your rights.According to news reports, federal agents arrested 14 people and charged with with running high-stakes poker games tucked away in four locations on Staten Island. Gamblers were provided poker-night spreads of food, while armed “security” men were assigned to watch over the illicit operation and security cameras were used for outside surveillance.

A 15-year veteran of the NYPD was the alleged ringleader of the operation, which took in thousands in profits every week over several years. NYPD internal affairs offers worked undercover to help the feds make the arrests.

Both federal and state law can be daunting for a person being introduced to the criminal justice system. And sometimes people with a past criminal history are wrongly targeted by law enforcement and prosecutors.

That’s why criminal defense law firms are so crucial to our justice system. An aggressive defense acts as a checks and balance to the state and government, which has money and power to throw at a defendant, who stands alone. That’s why New York City Criminal Defense Lawyers stand by the side of our clients and do everything within the law to fight for their rights.

That can include filing motions to suppress evidence that is damaging to a defendant’s case. If law enforcement violates a person’s constitutional rights en route to seizing evidence or making a case against someone, sometimes persuasively arguing to a judge why this is wrong can convince the judge to keep that evidence out of the case and force prosecutors to drop charges.

Sometimes, the right defense attorney can use the evidence to score a sweetheart plea deal that reduces or eliminates jail or prison time or keeps such charges from appearing on a person’s criminal record.

These are just some of the many aspects of a case that will be vigorously explored and studied by our law firm. If officials such as police officers and firefighters can get caught up in alleged illegal operations, every day people are at equal risk. And that’s why everyone deserves their day in court and the best possible defense for their case.

If you or a loved one is charged with a crime in New York City, Great Neck or elsewhere in the Metro area, call today. If you are being investigated for a crime, do not speak with law enforcement before speaking with an attorney. Protect your rights.
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Two thousand people have been arrested in just a few months since New York enacted a law that specifically prohibits strangulation, according to Reuters News.

A spokesperson for the New York Division of Criminal Justice Services called the 2,000 arrests in 15 weeks “unprecedented” and “staggering.” Police and prosecutors argue the new law is necessary because of issues prosecuting defendants who leave little or no visible injury on their alleged victims. The law is most often used in connection with domestic violence in New York.Criminal defense lawyers in the Bronx and on Long Island understand the importance of properly defendant against allegations of domestic violence. Such cases are frequently brought during a contentious breakup, divorce, or custody battle. And the zero-tolerance policies of law enforcement make it one of the most abused laws in the state. Allegations can impact a defendant’s relationship with friends and family, may negatively influence a pending divorce and can result in protection orders that prevent a defendant from seeing his family or even returning home.

“As these dramatic statistics show, law enforcement has been putting this statute to very good use. The statute is a great example of what can happen when domestic violence victim advocates, law enforcement, and elected officials work collaboratively to solve a real and compelling problem,” said Franklin County District Attorney Derek P. Champagne. “The strangulation laws provide law enforcement with strong and effective tools to stop domestic abusers and rapists who use strangulation as a means to subdue their victims.”

The problem, however, is that it allows law enforcement another means of charging a defendant with domestic violence in cases where there is little or no evidence of assault or injury. Sixty percent of the violations issued under the new law — some 1,200 in all — have occurred in New York City. King County reported the most with 467, followed by 248 in Queens County, 240 in Bronx County, 179 in New York County and 66 in Richmond County.

Only four counties in the state — Cattaragus, Hamilton, Lewis and Tioga — reported at least one arrest. Outside the city, Suffolk County reported the most arrests with 11.

The law went into effect Nov. 11, 2010 and recognizes three strangulation offenses: Criminal obstruction of breathing or blood circulation, a Class A misdemeanor; second-degree strangulation, a Class D felony, and first-degree strangulation, a Class C felony.

Class A misdemeanors are punishable by up to a year in jail. A class D felony is punishable by up to 7 years in prison while a Class C felony is punishable by up to 15 years behind bars.

Ninety-four percent of the offenders arrested were males and most were between the ages of 20 and 29. The NYPD made 1,1198 arrests, followed by the Suffolk County Police Department (106) and New York State Police (78).
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