New York Criminal Lawyer Blog

The felony charge of Criminal Possession of a Weapon as it relates to pistols, guns, revolvers and firearms, has been receiving the undivided attention of the media, criminal defense attorneys and even politicians since Plaxico Burress' arrest. In fact, at the time of Burress' arrest for gun possession in New York, many of these media outlets reached out to Crotty Saland, LLP to discuss the nature of the gun charge as well as the ramifications of the offense. CNNSI.Com as well as the AM New York utilized Jeremy Saland's experience as a former Manhattan Prosecutor and as a NY criminal defense attorney to analyze the incident and explain the applicable law.

Once again, Mr. Saland's knowledge and experience prosecuting and defending gun crimes was sought out by the media. The New Jersey Star-Ledger interviewed Mr. Saland and requested his legal analysis in the paper's coverage of Mr. Burress' court date earlier today.

As we know now, Mr. Burress' case was in fact adjourned into a "holding pattern" in Manhattan Criminal Court where the prosecution will likely do one of four things. The first possibility between today and Mr. Burress' next court date is that Mr. Burress may be indicted by the Grand Jury on the "C" felony where he faces between 3.5 to 15 years in state prison. A second possibility is that Mr. Burress agrees to accept an "SCI" or a Superior Court Information. This would allow Mr. Burress to avoid an indictment, but will permit him to plea to a lesser felony offense with less possible incarceration. A third option would be that the prosecution reduces the charges from a felony to a misdemeanor where the maximum term of jail would be one year. A fourth, albeit less likely option, would be for an alternate plea to be worked out where Mr. Burress would plea to a higher level crime and assuming he complies with certain requirements he would be able to withdraw the plea and enter a new plea to a lower level crime.

Like our readers, we do not know what conversations are taking pace between the parties behind closed doors. Whatever they may be, there is no guarantee as to what the end result will be. If you find yourself in a similar situation or charged with any crime, the criminal defense attorneys at Crotty Saland, LLP will make one very important guarantee - We will zealously fight for you to protect your rights and do our best to make all options available for your defense.

If you are a witness or a defendant in a criminal matter in a metro-NY court you should always consult with a NY criminal defense attorney before talking with law enforcement. In fact, you should always be prepared to testify in the event that you are called to do so. Even if you are not a target of a Grand Jury investigation or a case in Criminal or Supreme Court, an innocent mistake or an inconsistency in your testimony may have serious ramifications. The last thing you need is the prosecution to charge you with Perjury. Consulting with criminal defense attorneys, such as the former Manhattan prosecutors at Crotty Saland, LLP, is an investment in your time that will give you both a piece of mind and likely steer you clear of a Perjury charge.

Generally, Perjury occurs if you swear falsely. If you do so, you may be charged with a misdemeanor with a maximum sentence of one year in jail. For the purpose of this entry, however, we will address Perjury in the context of the court room or Grand Jury. In such a situation, you may be charged with Perjury in the First Degree. A person is guilty of Perjury in the First Degree when he or she swears falsely and when his or her false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made. Perjury in the First Degree is a "D" felony punishable by up to seven years in state prison.

As I have stated on many entries, a criminal statute, while clear on its face, always has hidden or complex definitions. Perjury is no exception. So, what does it mean to be "material to the action" for the purpose of understanding each element of this crime?

Citing the Court of Appeals in People v. Davis, 53 N.Y.2d 164 (1981):

"To be material,the statement need not prove directly the fact in issue; it is sufficient if it is 'circumstantially material or tends to support and give credit to the witness in respect to the main fact' ( Wood v. People, 59 N.Y. 117, 123). Thus a statement that 'reflect[s] on the matter under consideration' ( People v. Stanard, 42 N.Y.2d 74, 80, 396 N.Y.S.2d 825, 365 N.E.2d 857), even if only as to the witness' credibility (see People v. Samuels, 284 N.Y. 410, 414, 31 N.E.2d 753; People v. Courtney, 94 N.Y. 490), is material for purposes of supporting a perjury charge. Put another way, the test of materiality may be said to be 'whether the false testimony has the natural effect or tendency to impede, influence or dissuade the grand jury from pursuing its investigation' ( United States v. Stone, 2 Cir., 429 F.2d 138, 140; United States v. Carson, 2 Cir., 464 F.2d 424, cert. den. 409 U.S. 949, 93 S.Ct. 268, 34 L.Ed.2d 219).

In "normal" terms, something may be "material" if it impacts the credibility of the person testifying in relation the the issue that is being addressed at trial or in the Grand Jury. Simply put, as stated above, if you make a false statement that misleads or impedes the jury...you may be charged with this crime.

Despite the harsh tone of the statute, there are affirmative defenses to Perjury that may be applicable to your case (I will discuss these in a later entry). Moreover, there are other definitions in the statute that need to be examined to determine if you in fact perpetrated this crime. Obviously, because you want to avoid even the possibility of facing this charge, contact Crotty Saland, LLP if you are called as a witness before a court or Grand Jury. Educating and preparing yourself is the best way to avoid this or any other possible criminal charges.

NY "white collar" criminal defense attorneys often have the chips stacked against them when their clients are alleged to be involved in a criminal case where a scheme alleging Forgery, Grand Larceny and Falsifying Business Records transpired over a period of years. Obviously, unlike the prosecution, when a client is first arrested or indicted on a long term investigation, criminal defense lawyers may not be privy to the extent of investigation that has taken place, the witness who have given statements or the records that have been subpoenaed. What makes a case even more "interesting" is when the alleged criminal actions occurred years ago. It is imperative that upon being retained, any criminal defense attorney immediately begins to conduct his or her own investigation starting with a lengthy and open conversation with the client. As former Manhattan prosecutors, the criminal defense attorney's at Crotty Saland, LLP can't stress enough how important this is and how it has helped our clients charged in these schemes.

A case directly on point was just announced today by the Manhattan District Attorney's Office. According to the Robert Morgenthau's Office, Lawrence Salander, an art dealer, has been indicted on multiple charges of Grand Larceny, Securities Fraud, Scheme to Defraud, Forgery, Criminal Possession of a Forged Instrument and Falsifying Business Records. The crimes charged in the indictment occurred between July 1994 and November 2007. It is alleged that Salander stole from his victims by selling artwork not owned by him and keeping the money. Moreover, he is accused of luring investment money in fraudulent investment opportunities. If convicted of the top count in this indictment, Salander faces up to 8 and 1/3 to 25 years in state prison.

According to the Manhattan District Attorney's Office:

"The fraud in each investment opportunity occurred when Salander did not own the work of art he offered for investment in whole or in part, or he misrepresented the actual terms of the investment. The misrepresented terms included: inflation of the purported cost (cost fraud), the sale of greater than 100 percent interest in a single work (oversale), the fabrication of the existence of the pre-sale (ghost investment), failure to pay the return when the money came in on the purported investment, or the misrepresentation of the amount payable to the investor (fraudulent retention)."

As noted above, Salander and his criminal defense attorney have a long and difficult road ahead of them. The sooner they ascertain the best approach to handling this case, identify what, if any, evidence can be challenged or is beneficial to Salander's defense, and implement a course of action to defend his rights and liberty, the greater the likelihood for a positive result. Otherwise, Salander difficulties are just beginning.

The NY criminal defense attorneys at Crotty Saland, LLP are routinely contacted by or represent people charged with Criminal Possession of a Weapon as it relates to switch blades and gravity knives. Individuals charged with this crime recognize very quickly that prosecutors in Manhattan, Brooklyn, Queens and the Bronx take these matters extremely seriously.

According to Penal Law 265.01(1), a person is guilty of Criminal Possession of a Weapon in the Fourth Degree when he possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star.

There are many factors that are critically important when analyzing whether or not you have a valid or legitimate defense to this crime. First and foremost, your criminal defense attorney should determine whether or not the search and seizure of your person was valid. Assuming it is, the second issue that needs to be addressed is whether or not the weapon you are alleged to have possessed actually falls within the definition in the penal law relating to that particular type of weapon. The the third issue is whether or not you "knowingly" possessed that weapon. For this particular entry we will address the definition of certain weapons. The other legal matters will be addressed at a later date.

Dealing with the first issue, whether the weapon you possess is the same as that defined in the penal law, we must go right to the applicable statute. Pursuant to Penal Law 265.00 and its various subsections, the following definitions establish the crime of Criminal Possession of a Weapon:

4. "Switchblade knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

5. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device.

5-a. "Pilum ballistic knife" means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.

5-b. "Metal knuckle knife" means a weapon that, when closed, cannot function as a set of metal knuckles, nor as a knife and when open, can function as both a set of metal knuckles as well as a knife.

Having these definitions readily available is so important to your defense. If you are accused of having a gravity knife, but instead of the blade opening with the force of gravity you have to pull it out, then it is probably not a gravity knife. If you are accused of possessing a switchblade, but it is a lock blade type knife then obviously it is not a switch blade. Moreover, if the knife does open with the force of gravity and is in fact a gravity knife, but you are accused of possessing a switchblade knife, then although your possession may be a crime, because you are charged with the wrong type of knife, a criminal defense attorney's motion to dismiss will be successful unless there is a superseding complaint drafted by the prosecutor.

Although one would think that all criminal defense attorneys make sure that the weapon their client is accused of possessing operates in the manner and fits the description of that particular weapon in the statute, this simple step is not always taken. While there may be a valid reason, confirmation of this fact is critical for the reasons described above. Equally significant, and a matter that will be discussed in the second entry dealing with this issue, is whether or not you "knowingly" possessed the weapon assuming it is in fact a weapon as described in Penal Law 265.00.

As NY criminal defense lawyers and former Manhattan prosecutors under Robert Morgenthau, the attorneys at Crotty Saland, LLP can tell you that the crime of Trademark Counterfeiting had and still has the attention of both the NYPD and prosecutors. In fact, earlier today 21 people where arrested for Trademark Counterfeiting on Manhattan's Canal Street for selling counterfeit and "knockoff" Louis Vuitton, Coach and Dolce & Gabbana handbags allegedly worth over $125,000.

Despite the fact that people from all walks of life and from all over the United States go down to Canal Street to purchase fake luxury goods from perfumes and watches to handbags and clothing, selling these fraudulent items is a crime (purchasing them, on the other hand is a completely separate matter). Those who sell these counterfeit products may be charged with Trademark Counterfeiting. This crime ranges from an "A" misdemeanor to a "D" felony punishable by up to one year and seven years respectively.

A person is guilty of Trademark Counterfeiting in the Third Degree (the misdemeanor offense) when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods. The second and first degree levels of this crime are enhanced where the value of the goods exceed certain minimums.

In our approximately eighteen years of combined experience as prosecutors and criminal defense attorneys, we have seen how serious the NYPD and prosecutors pursue the offenses related to Trademark Counterfeiting. In fact, NYPD's Trademark Infringement Unit's main purpose is to investigate these crimes. Armed with undercover police officers and search warrants, it is not uncommon for this unit to score major arrests.

In the event that you or someone you know has been accused of Trademark Counterfeiting or any related crime, contact Crotty Saland, LLP so that you can be guided through the criminal process and make your decisions based on the best availabel defense.

The NY criminal defense attorneys at Crotty Saland, LLP do their best to keep on top of the changes in criminal statutes and new court decisions regarding those statutes. When there is a new law or pertinent decision by the courts regarding any criminal law we do our best to relay that to our readers. One such crime, Assault in the Second Degree pursuant to PL 120.05(12), has been added to New York's criminal books as of June 2008.

Pursuant to PL 120.05(12), Assault in the Second Degree, a person is guilty of this offense when "with the intent to cause physical injury to a person who is sixty five years of age or older, he or she causes such injury and the actor is more than ten years younger than that person." This new crime is a "D" felony punishable by up to seven years in state prison.

What this crime does is elevate what was previously the crime of Assault in the Third Degree, an "A" misdemeanor punishable by up to one year in jail, to a felony in certain limited situations. Specifically, if you intentionally cause physical injury to an older person and you are more than ten years younger than that person your actions may send you to state prison where before your actions in the worst case scenario might send you to jail for up to one year. In short if you assault a young person and cause physical injury you may be guilt of Assault in the Third Degree, a misdemeanor. If your actions and the physical injury are exactly the same, but the victim is sixty five and you are at least ten years younger, under the new statute you are facing a felony.

Clearly, the legislature has taken a stance on protecting people sixty five years old and older. While we can all agree that every person needs protection from assailants and older people are more vulnerable, this statute gives prosecutors a significant "bite" behind their "bark." In the event you are accused of Assault or any violent crime, contact the NY criminal defense attorneys and former Manhattan prosecutors at Crotty Saland, LLP to help you navigate the criminal waters.

The New York criminal defense attorneys at Crotty Saland, LLP know firsthand how the NYPD has been aggressively pursuing people accused of graffiti and graffiti related crimes. The NYPD's Vandal Squad, based out of Brooklyn, is hell bent on cleaning up New York. While we can all agree that keeping New York clean and safe is a tremendous task of great importance, the pursuit of this goal does not give the police the permission to violate individual rights. Unfortunately, we at Crotty Saland, LLP have seen this happen on more than one occasion in the past two or three months. In a series of entries I will discuss the potential crimes associated with graffiti, the consequences of a conviction, general ways to best defend yourself, and some of the experiences we have had as criminal defense attorneys. The first entry in this series will address the potential crimes or offenses related to making graffiti and their consequences. These crimes are Criminal Mischief, Making Graffiti, and Possession of Graffiti Instruments.

Criminal Mischief in the Fourth through Second Degrees, pursuant to Penal Law sections 145.00, 145.05 and 145.10, are crimes that can be charged in connection with graffiti offenses as well as when property is damaged through other means. As it applies to graffiti crimes, a person is guilty of this Criminal Mischief in the Fourth Degree when having no right to do so or reasonable grounds to believe that he has such a right, he intentionally damages the property of another person. If an individual intentionally damages another person's property and the damage exceeds $250 or $1,500, then they are guilty of Criminal Mischief in the Third and Second Degrees respectively. Criminal Mischief in the Fourth Degree is an "A" misdemeanor punishable by up to one year jail. Criminal Mischief in the Third Degree is an "E" felony punishable by up to four years in state prison. Criminal Mischief in the Second Degree is a "D" felony punishable by up to seven years in state prison.

Making Graffiti is an "A" misdemeanor punishable by up to one year in jail. According to Penal Law 145.60, "graffiti" is defined as the "etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property. In substance, a person is guilty of this offense if they make graffiti on any building without the express permission of the owner or operator. If you are a graffiti artist, a question likely popped up after reading this definition...and it is a good one. What if my intent was not to damage, but to express my artistic visions? That very good question, and others, will be answered in a later entry.

Possession of Graffiti Instruments is a "B" misdemeanor punishable by up to to ninety days in jail. According to Penal Law 145.65, a person is guilty of Possession of Graffiti Instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property. Types of "tool" or "instrument" this crime is referring to are things such as cans of spray paint or markers.

If you arrested "red handed" or the Vandal Squad comes knocking on your door be polite, don't resist, but do one very important thing. Tell the officers or detectives that you want to speak to your lawyer and do not admit to making any graffiti even if the police promise they will "go easy" on you. Do not compound a bad situation by doing the wrong thing. Whether it is 2 am or 2 pm, call the criminal defense attorneys at Crotty Saland, LLP.

The criminal offenses commonly referred to as White Collar and Fraud crimes recently added a new offense to their ranks. As of November 1, 2008, Residential Mortgage Fraud, pursuant to New York Penal Law Sections 187.05 (Fifth Degree), 187.10 (Fourth Degree), 187.15 (Third Degree), 187.20 (Second Degree) and 187.25 (First Degree), was added to New York's Penal Law. In addition to this crime involving Mortgage Fraud, another statute related to this offense and addressed in another entry is Fraudulent Disposition of Mortgaged Property, an "A" misdemeanor pursuant to New York Penal Law section 185.10.

Penal Law 187.00(4) defines Residential Mortgage Fraud as follows:

Any person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be used in soliciting an applicant for a residential mortgage loan, or in applying for, the underwriting of, or closing of a residential mortgage loan, or in documents filed with a county clerk of any county in the state arising out of and related to the closing of a residential mortgage loan, any written statement which he or she knows to:

(a) contain materially false information concerning any fact material thereto; or

(b) conceal, for the purpose of misleading, information concerning any fact material thereto.

Residential Mortgage Fraud is a crime punishable as an "A" misdemeanor with a potential sentence of one year jail to a "B" felony punishable by up to twenty five years in state prison.

According to Penal Law Section 187.05, Residential Mortgage Fraud in the 5th Degree, a person is guilt of this crime when he or she commits Residential Mortgage Fraud. The crime of Residential Mortgage Fraud almost tracks the Grand Larceny statute in that the 4th through 1st Degree relate to the proceeds or any other funds received. Similar to Grand Larceny (not exactly), if an individual receives an aggregate in excess of one thousand, three thousand, fifty thousand or one million dollars as a result of this fraud, the crime increases in its severity and potential term of incarceration to violations of Residential Mortgage Fraud in the Fourth (NY PL 187.10), Third (NY PL 187.15), Second (NY PL 187.20) and First Degrees (NY PL 187.25).

Crotty Saland LLP is criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the region in both white collar and non-white collar crimes.

Every day in the courtrooms of NYC a defendant sits with his criminal defense attorney waiting to be arraigned on a Desk Appearance Ticket or DAT. The charge may relate to a Petit Larceny shoplifting, Criminal Possession of a Controlled Substance for possessing drugs, or even an Assault for a fist fight. But, what is a DAT and why do some people get issued one? We at Crotty Saland, LLP, have the answer to these questions and have created NewYorkDAT.Com and NYDeskAppearanceTicket.Com to further assist our readers.

A Desk Appearance Ticket is a summons to come to a court in NYC on a future date to be arraigned (where you are formally charged before a judge). Police issue these "tickets" in lieu of processing an individual through central booking and potentially keeping them locked up for up to twenty four hours before seeing a judge. While getting a DAT is the functional equivalent of being arrested and processed through the system, it is a significantly better outcome where you are accused of criminal conduct. Instead of being locked up in a jail cell with another individual who is accused of Murder or Rape, you are given the opportunity to report to court with your criminal defense attorney in the future.

Individuals who are given DATs are people usually charged with misdemeanor crimes. On rare occasions, the crime may be a felony. These crimes, while serious, often involved defendants who do not have a criminal record. Moreover, the crime(s) do not involve domestic violence. However, even if you merely jump a turnstile or have some marijuana, the police will not issue a Desk Appearance Ticket if you do not have proper or any identification. If you live out of the state a DAT may not be issued as well.

A big mistake made by individuals who receive DATs is that they believe they are only getting a "slap on the wrist" or they do not have to go to court. Make no mistake. Whether you sit in a jail cell overnight or you received a DAT, the crime you are charged with is the same offense with the same ramifications. Additionally, if you do not show up to court a bench warrant will be issued for your arrest. If that happens, when you are ultimately arrested you will not be given a DAT, but you will be handcuffed and brought into court.

In the event you receive a DAT, as opposed to being processed through the system, it is still imperative to retain experienced criminal counsel. Not only can you avoid waiting hours before a public defender meets you and deals with your case, but many critical decisions are made at your arraignment that may have devastating impacts on your case if the incorrect decision is made. Whatever charges you face, contact the former Manhattan prosecutors and criminal defense attorneys at Crotty Saland, LLP so the correct plan of action can be implemented on your behalf.

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Consult with your NY criminal defense attorney...credit card and check fraud in New York routinely involves an enormous spectrum of crimes including Criminal Possession of a Forged Instrument, Identity Theft, Falsifying Business Records and Grand Larceny. While these are only a few of the associated crimes in NY, your criminal defense attorney should have the experience and training to navigate you through them. As I recently explained in Part I of this segment, while some of the crimes associated with credit card and check fraud are "only" misdemeanors, some of the offense are much more serious. For the purpose of this entry, I will deal with credit card and check fraud as it relates to a specific theory or subsection of Identity Theft.

To best understand the crime of Identity Theft I am going to pose a hypothetical scenario. In this scenario you go to Kmart with your roommate's debit/credit card. While there, you purchase $20 worth of "stuff," sign her name on the receipt, and take off. Although you did not have her permission you figure its only $20 and it was pretty darn easy...heck, the lady at Kmart didn't even check the signature or your identification.

So...what crimes did you just commit? Without explaining each offense in detail, here is the list of some of the potential crimes: Criminal Possession of Stolen Property in the Fourth Degree ("E" felony) for possessing a stolen credit card since you did not have your roommate's permission, Forgery in the Second Degree ("D" felony) for signing your roommate's signature, Falsifying Business Records in the First Degree ("E" felony) for causing a false entry to be entered into the records of Kmart while you are committing another crime, Petit Larceny ("A" misdemeanor) for stealing the "stuff" and last, the subject of this entry, Identity Theft in the Second and First Degrees ("E" and "D" felonies respectively). And you though that was too easy...

Identity Theft in the First Degree is committed when: a person "knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony." Identity Theft in the Second Degree differs in that the felony need only be an "E" felony.

Stepping back for a moment, the Identity Theft charge is "bumped up" to a "D", or "E", felony merely because that while committing the lesser Identity Theft you attempt or commit a "D" felony or greater. To put this in perspective, if you stole $20 worth of things from a store the crime would be a misdemeanor Petit Larceny. Once you add in the credit card that is stolen and you sign that person's name without permission or authority the crime has been "bumped up" to an "E" and / or "D" felony because of the Forgery relating to the signature and the Criminal Possession of Stolen Property relating to the stolen credit card.

While this scenario is an oversimplified description of one particular theory of Identity Theft, it is important to see how serious credit card fraud can be even where the offense seems relatively small. Imagine how much more serious the case would be if the value of the property was greater or multiple credit cards were used in an ongoing scheme. The above scenario is not meant as a guide to the charges you will face or what you should or should not do (well, you should certainly not intentionally defraud anyone!!!!), but at a minimum shed light on those potential charges. Whatever the charges may be, protect yourself and your rights by retaining counsel who not only has handled these matters throughout New York, but has the experience and training as both a criminal defense attorney and former prosecutor. While the best way to avoid getting accused of Identity Theft is to refrain from the conduct described above or any criminal activities, you are always presumed innocent until proven otherwise and you should have someone at your side who is willing and able to advocate for you.

In a legal decision unanimously rendered by the 2nd Department and to be published this Friday, appellate justices found that a NY Supreme Court judge's threat of increased bail prior to a plea caused that plea to be entered involuntarily.

Dr. Terry Grant, a Long Island dentist, was charged with forty separate counts relating to filing $9,000 worth of fraudulent insurance claims. While the case was pending the court became agitated and impatient due to the delays in the case and because the defendant failed to follow the terms of his probation.

According to the New York Law Journal, Judge Peck threatened the defendant and stated "'if he [wants] the plea deal, I will continue him the the bail status that he' is in. If he doesn't take the plea deal today, I am going to remand him until Monday. Now do you want the plea deal?'"

In short, Judge Peck threatened to hold Dr. Grant without bail over the weekend if he did not accept the plea. The defendant ultimately accepted the plea deal and although Judge Peck questioned the defendant whether the plea was voluntary, the 2nd Department threw out the plea. Specifically, the Appellate Division 2nd Department found that "[b]ecause an immediate change in the defendant's bail status is not an appropriate consideration in plea negotiations, when the court threatens to increase bail or remand the defendant unless a guilty plea is entered, any resulting plea cannot be deemed voluntary because the defendant's decision to plead guilty would no longer represent a free choice among legitimate alternatives."

Whatever you or your loved one is confronted with, no judge or prosecutor is permitted to threaten you to take a plea. That ultimate choice is yours to make. Moreover, bail, a tool used by the court to guarantee your presence on a future date, should not be a means to coerce a plea from any defendant. At Crotty Saland, LLP, we know how overwhelming the courtroom and criminal charges may be. That is why will work hand in hand with you to pursue the legal angles to make sure your rights and liberty are protected.

If you are accused of credit fraud in New York, be prepared to spend a significant time with your criminal defense attorney so he or she can outline the potential criminal charges and consequences you may face. The list of crimes is vast...Identity Theft, Forgery, Criminal Possession of a Forged Instrument, Grand Larceny, Falsifying Business Records and many more. As a a former Manhattan prosecutor who was one of the original members of the Identity Theft Unit when the unit was first created, I can tell you that the the crimes relating to credit card fraud are actively and aggressively being pursued every day by members of both state and federal law enforcement.

Credit card fraud comes in various "shapes" and "sizes." From the possession of a stolen credit card or a fake credit card to the use of a credit card that has already been revoked. Depending on whether the credit card is used or attempted to be used, the crimes that may be charged can spiral further into major felonies with serious terms of imprisonment.

Before diving into the gravity of credit card "bust outs," "carding" or other more serious offenses, this entry will deal with a more "simple crime" that most people probably don't even know exists. As stated above, you may be accused of credit card fraud if you merely use a credit card that is in fact revoked and you know that it was revoked.

According to Penal Law 165.17, you are guilty of Unlawful Use of Credit Card, Debit Card or Public Benefit Card "when in the course of obtaining or attempting to obtain property or a service, [you] use or display a credit card, debit card or public benefit card which [you] know to be revoked or canceled." This crime is an "A" misdemeanor punishable by up to one year in jail.

While this offense is on the lower level of crimes relating to credit card fraud, that does not mean that it should be taken lightly. In fact, if you successfully obtain property that is equal to or in excess of $1,000, $3,000 or $50,000, Unlawful Use of a Credit Card is the least of your worries. Now, prosecutors can charge you with Grand Larceny - a felony.

Due to the seriousness of this crime and the potential to unwittingly perpetrate related offenses, if you are accused of credit card fraud seek out criminal defense attorneys with real experience in this area. You may have a valid defense that needs to be explored by criminal defense attorneys who know how to fight these charges. A simple question right out of the gate for Unlawful Use of a Credit Card is did you know that the card was revoked or canceled? If so, how is the prosecution going to prove this charge beyond a reasonable doubt? Is there evidence that you tried to use the card before? Did the credit card company mail you a notice? If not, then it may be that your actions, albeit irresponsible, are not criminal. Whatever the case may be, an experienced criminal defense attorney can put forth the strongest and most credible challenge to make sure that your rights, liberty, and integrity are maintained.