New York Criminal Lawyer Blog

The New York criminal defense attorneys at Crotty Saland LLP are pleased to announced that our client was acquitted of all charges in Brooklyn Criminal Court after he had been initially charged with and accused of DWI / DUI pursuant to VTL 1192.3, DWAI, pursuant to VTL 1192.1 and Driving Without a License pursuant to VTL 509.

Our client was involved in an accident where an individual struck him from behind rendering his 2000 BMW inoperable. Our client waited on the scene until the police came and the other vehicle drove off. Although he only "blew" a .053 on the Intoxylizer 5000, and the police charged our client with the violation of VTL 1192.1, the Brooklyn District Attorney's Office bumped the charged to "Common Law DWI," a misdemeanor. Throughout the case, the DA's Office had been offering a violation of VTL 1192.1 which we argued was not an "offer," but merely the "worst case scenario" in that the DWI was not the proper charge (.08 is the legal limit unless prosecutors can establish other characteristics of being intoxicated), but an inflated offense in conflict with the facts of the case.

At trial, the arresting officer testified that he and the defendant pushed the inoperable vehicle across Flatbush Avenue. More specifically, crouched down shoulder to shoulder "huffing and puffing," the officer didn't notice the smell of alcohol on our client for 20 minutes. Moreover, at no time during the 20 minutes did our client stumble, slur his speech, trip, loose his balance or show any other indicia of intoxication. The officer was further cross examined to assert that his safety is paramount and if an individual was intoxicated the officer certainly would not have that person push a vehicle with him across Flatbush Avenue (the officer also could not recall who was steering the vehicle). Compounding matters, the officer admitted an error in his paperwork was done in a manner to facilitate that paperwork and although it was not accurate, it was done in a manner that was "easy" for him.

Ultimately, at the precinct, our client complied with the examinations offered by the police and it appeared that he successfully passed those exams despite the officer's testimony to the contrary. In fact, our client often stood perfectly straight with his arms behind his back. While the officer claimed he was "unsteady" because our client took more than the nine requested steps in one test, there court apparently agreed with us that he was steady.

Although, significantly less serious, the court also acquitted our client of driving without a license pursuant to VTL 509. In part, we argued on behalf of our client that the officer's testimony as to the Department of Motor Vehicle records and what they revealed was hearsay. Instead, a business record and or custodian of those records was required to establish this lack of a license. Again, apparently the court agreed.

While the above synopsis of this trial is extremely brief and barely touches on the facts of the case, the lesson is always clear. DWI is a serious offense that can destroy lives and one that can be avoided by taking responsible steps. There is no excuse to make a care a weapon. Having said that, whether you are honest, good or even an all around bad guy, you have rights. We all do. You should exercise those right and protect those rights vigorously. An accusation does not equate to guilt.

Representing clients charged with DWI throughout the New York City region, Crotty Saland LLP is a New York trial and criminal defense firm founded by two former Manhattan prosecutors.

For further information on New York DWI laws and crimes, please review the DWI section of the Crotty Saland LLP website or the DWI section of the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com).

Although it took months of wrangling, the New York criminal defense attorneys at Crotty Saland LLP are pleased that our client was able to avoid a criminal record after being arrested and charged with felony Forgery (New York Penal Law 170.10) and felony Criminal Possession of a Forged Instrument (New York Penal Law 170.25). Prosecutors had alleged that our client, an employee of doctor at a New York City Hospital, stole sheets of a prescription pad belonging to that physician and drafted a prescription for Oxycodone. This prescription was allegedly presented to a pharmacy where it was determined by staff that the doctor's signature did not match prior prescriptions. Additionally, staff at the pharmacy questioned the number of Oxycodone pills requested.

After advising the prosecution of the facts of the case, providing a "package" about the client and supplying other factors to law enforcement, the prosecution ultimately agreed to dismiss the felony counts and permit our client to plead guilty to Disorderly Conduct (a violation and not a crime). Currently a nursing student, our client will now be able to proceed with her career and without the scarlet letter of a criminal conviction.

For further information on New York Forgery, New York Criminal Possession of a Forged Instrument and New York Criminal Diversion of Prescription Medication, please follow the highlighted link. For further information on these and other areas of criminal law, legal decisions and newsworthy cases, please follow the link to the New York Criminal Lawyer Blog or go to the NewYorkCriminalLawyerBlog.Com.

Crotty Saland LLP is a New York criminal defense firm. Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland LLP have experience handling criminal investigations, arrests and trials from both sides of the law.

The New York criminal defense lawyers and former Manhattan prosecutors at Crotty Saland LLP are pleased to announce another victory for a client charged with Criminal Possession of a Weapon in the Second Degree for possessing a "loaded" firearm at John F. Kennedy (JFK) Airport in Queens. Although our client, a Florida teacher, was charged with New York Penal Law 265.03 and faced a mandatory minimum term of 3.5 years in prison if convicted of that felony, Crotty Saland LLP secured a disposition where he pleaded to Disorderly Conduct pursuant to New York Penal Law 240.20. Not only did his plea to this violation avoid incarceration, probation or community service, the plea did not give our client a criminal record at all.

Unfortunately, many honest people who lack any criminal intent are swept into the New York criminal justice system for possessing firearms (pistols, hand guns, revolvers, etc.) without a proper permit to do so. Unwittingly, these people visit New York with the firearm thinking that it is "OK" to possess it in New York City because the have a license or permit to have that firearm in their home state. Often times, when they return home through a New York area airport such as LaGuardia and JFK in Queens, they check the firearm and end up getting arrested. Compounding matters, the firearm is legally loaded, albeit not physically, because the ammunition or bullets are in the hard case along with the gun. The message here is clear. Do not bring your firearm to New York unless you have the proper license(s) in New York State and New York City to do so.

It should go without saying that no two cases are the same and the results in one criminal matter do not guarantee similar results in a case that appears the same. Having said that, you should consult with a New York criminal defense attorney and keep yourself educated on the laws involving guns, pistols, revolvers and other firearms so that you can avoid the embarrassment and devastating impacts of an arrest.

For further information on Criminal Possession of a Weapon including New York gun and firearm crimes as well as information regarding gun arrests at New York airports, please follow the highlighted link. For information regarding legal decisions and various weapon statutes in New York, please review the New York Criminal Lawyer Blog section on weapon offense.

Crotty Saland LLP is a New York criminal defense firm representing clients in all criminal investigations and arrests. Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland LLP represents clients throughout the greater NYC area.

Crotty Saland LLP, a Manhattan based white collar criminal defense firm representing clients throughout the New York City region, is pleased to announce another tremendous result for a client in the arena of fraud and theft allegations. Our client, charged on two separate dockets, allegedly defrauded approximately $35,000 from one individual and approximately $35,000 from a second individual. Prosecutors charged our client with twenty-five felonies in the two criminal court complaints including Grand Larceny in the Third Degree (NY PL 155.35), Forgery in the Second Degree (NY PL 170.10), Criminal Possession of a Forged Instrument in the Second Degree (NY PL 170.25) and Identity Theft in the First Degree (NY PL 190.80). Prosecutors alleged that our client stole these monies through drafting checks without permission and using credit cards, including a corporate business card, without authority to do so.

Despite the large value of the alleged theft, approximately $70,000 between two people, Crotty Saland LLP attacked the veracity of one of the complainants as well the length of time between the incident and the reporting of the theft. Moreover, investigation revealed that this complainant may have been trying to "hide" money from his spouse. After further investigation and challenging the prosecution regarding their ability to prove the $35,000 theft beyond a reasonable doubt, prosecutors dismissed all of the charges.

Although we were not as successful with the second felony case as we were with the first case, Crotty Saland LLP negotiated a tremendous disposition on the second matter as well. In the second case, prosecutors agreed to a misdemeanor plea for Petit Larceny (the "shoplifting" statute) as well as Criminal Possession of Stolen Property. Although the complainant and prosecutors presented us with documentation for a significant portion of the $35,000 as well as a signed stipulation by our client that she in fact owed these monies, we successfully argued that despite the admission and documentation, the facts of the case would establish that the complainant was not being forthright. Even if true, the value of the alleged loss was exaggerated and our client signed the agreement under duress. Fortunately, through our investigation and diligence, we were able to corroborate our position thereby weakening the ability of the prosecution to prove the theft and the loss amount beyond a reasonable doubt. After all of our efforts working with our client for over a year to avoid a felony or jail, the court sentenced our client on the misdemeanor plea to three years of probation (no jail) and $20,000 in total restitution.

As this client learned, each case is unique and requires its own analysis and defense. Whether it takes one month or one year, some felony fraud cases can be negotiated to a lesser offense while others ultimately may not. Furthermore, some cases may require a trial to prove one's innocence where a real risk may be present of a conviction and accompanying jail. Whatever result you are seeking and whether or not it is actually attainable, it is imperative that your counsel be a knowledgeable and a zealous advocate who keeps you informed throughout the process as it unfolds.

Crotty Saland, LLP, is pleased to announce that another client has benefited from our experience, knowledge and advocacy. Our client, a movie "middle man" who procured funding for multi-million dollar projects, met with prosecutors after being contacted about a disgruntled client. Prior to retaining Crotty Saland, LLP, and without any legal representation, our client met with law enforcement officials and made statements that could be construed as admissions relating to Grand Larceny and Forgery crimes. More specifically, prosecutors accused our client of stealing, through false pretenses, approximately $17,500. Moreover, prosecutors alleged that our client created and displayed fraudulent bank documents and contracts that were used to "fool" the movie companies that utilized his services.

After months of legal wrangling our client's case is over. Through our diligence, our client avoided the embarrassment of being arrested at his home or place of business. On the same day we had our client voluntarily turn himself in, prosecutors arranged to have him see the judge and have his charges dropped down from felony Grand Larceny and Forgery to lesser misdemeanor offenses. At his arraignment, only a few hours after his voluntary surrender, our client pleaded to one count of Petit Larceny, a misdemeanor of pursuant to NY Penal Law section 155.25 (otherwise known as the "shoplifting statute"). Moreover, the judge sentenced him at that time to a conditional discharge. This plea not only saved our client from the humiliation of any felony, but our client avoided jail (he was facing up to seven years in state prison), probation and community service while finishing his case only hours after he voluntarily turned himself into detectives.

Crotty Saland, LLP is a New York based white collar criminal defense firm. Founded by two former Manhattan prosecutors, Crotty Saland, LLP represents clients throughout the New York City region.

Prior results do not guarantee future success.

Crotty Saland, LLP, a white collar criminal defense firm located in Manhattan, is pleased that we were able to assist another client in obtaining closure to a pending criminal case while preserving her liberty. Our client was charged with Grand Larceny in the 3rd Degree, pursuant to New York Penal Law 155.35, and faced up to seven years in prison for her alleged involvement in a "paper case." Prosecutors claimed that our client made unauthorized purchases using company credit cards totaling approximately $25,000.00. After reviewing the documents associated with the alleged felony theft, we were able to work out a disposition with prosecutors that departed far from the original accusation. Although the negotiations took some time, our client ultimately pleaded to a misdemeanor and stayed out of jail. Moreover, there was no probation or community service associated with her plea. Considering the real possibility of a felony criminal record and a term of incarceration, our client could not have been happier with the results.

While Crotty Saland, LLP cannot guarantee any particular result and each case must be handled differently, our experience as both former Manhattan prosecutors under Robert Morgenthau and as New York criminal defense attorneys gives us the experience, knowledge and understanding of the criminal justice system to ascertain and implement the best plan of attack to preserve our client's rights, integrity and freedom.

On a regular basis, individuals in New York such as Robin Katz (the Chase banker recently arrested in Manhattan for Grand Larceny), Lawrence Salander (the Manhattan art gallery owner) and Anthony D. Marshall (the son of Brooke Astor) are accused of white collar crimes. As a result, the accused seek counsel from experienced white collar criminal defense attorneys and lawyers who will zealously advocate for their clients regardless of the circumstances they may face.

Crotty Saland, LLP, understands how important dedicated and experienced counsel is and believes in the philosophy that it is not merely working tirelessly that is crucial, but it is equally as critical to identify and set into motion a well orchestrated plan to preserve our client's liberty and good name. As New York white collar criminal defense attorneys and as former Manhattan prosecutors under Robert Morgenthau, we know how to not only construct a case from the perspective of law enforcement, but how to take it down as well. Certainly, each case requires its own distinct analysis, but our experience has paid off for our clients in white collar crimes involving offenses such as Grand Larceny, Criminal Possession of a Forged Instrument, Forgery, and Falsifying Business Records.

Over the past year, Crotty Saland, LLP has represented two individuals investigated for Grand Larceny crimes in excess of five millions dollars and tens of millions of dollars respectively. While one client was indicted, he was not incarcerated and permitted to civilly litigate a substantial part of that money due to issues raised in the tax code. While that disposition was tremendous because our client was kept out of prison despite a mandatory minimum state prison sentence required by statute, the District Attorney's Office agreed to drop the investigation and case against our other client after he agreed to file numerous old tax returns and negotiations revealed a financial assessment was incorrect.

Every white collar crime does not involve thefts in the millions of dollars, but are still pursued vigorously by law enforcement. In fact, Crotty Saland, LLP has represented multiple individuals accused of thefts ranging between twenty thousand dollars to well north of fifty thousand dollars. In each of the cases that we have resolved on behalf of our clients, not one of them has been sentenced to jail or even probation. In fact, some of them have even received a misdemeanor or worked out a disposition where after the client returned to court a few times, the prosecution agreed to move for an adjournment in contemplation of dismissal (dismissal of the case after six months).

Although we have been very successful representing our white collar clients, no law firm can predict or guarantee a particular result. Certainly, a particular result on one case is no indication, guarantee or promise of success on a new and distinct matter. Each case is unique and an accused may face the grim reality of a felony and incarceration. That being said, there is one thing that Crotty Saland, LLP guarantees to all of our clients - we will fight on your behalf and pursue as many legal and ethical avenues as possible to protect your freedom, rights and integrity.

Crotty Saland, LLP, one of the top New York City and Manhattan based criminal defense firms, is pleased to announce the dismissal of the criminal charge of Assault in the Third Degree, pursuant to NY Penal Law 120.00(1), against our client. The case, a difficult one to defeat, involved an alleged altercation between our client during a "road rage" type incident.

After our client's car was struck by the complainant's vehicle, our client, driving a mini-cooper, confronted the complainant over the incident. Our client exited the mini-cooper and approached the other vehicle. To the "big" surprise of the complainant, the man who stepped out of the mini-cooper was 6'10 and 320 pounds (I can't speculate how he got into that mini-cooper). As the incident unfolded, the police claimed they observed our client strike the complainant through the window of the car. Ultimately, our client was arrested.

Despite the "big" issues in the case, the case in its entirety was dismissed after almost eight months of legal wrangling. Although it took some time, the client and his family were more than pleased with the outcome.

If you or a loved one is in need of an experienced criminal defense lawyer for a violent or white collar crime, contact the criminal defense attorneys and former prosecutors at Crotty Saland, LLP.

The best and top criminal defense attorneys in NY fight tenaciously for their clients. Whether that fight is a legal brawl or it rears its head in a more creative way, the former Manhattan prosecutors at Crotty Saland, LLP know how to ascertain the best path to a successful criminal defense. In fact, a client charged with Assault in the Third Degree, PL 120.00, just benefited from our experience.

Briefly, our client was charged with Assault in the Third Degree after he allegedly broke the complainant's nose with his fists. At arraignment, the prosecution asked for bail in the multiple thousands of dollars, but we convinced the judge to release or "ROR" our client. Even before our client saw the judge for the first time, we locked a witness (the complainant's own friend) into his statement that the complainant was drunk and threw a glass mug at the defendant. Further investigation revealed the complainant's aggressive past as well as the complainant's serious mental health problems. Our findings directly went to not only the complainant's credibility, but violent nature. Although the defendant was about four inches taller and fifty pounds heavier than the complainant and there was no preserved evidence of the defendant's injuries from the complainant, our investigation helped convince the prosecutor that the complainant may have been the initial aggressor and the defendant acted in self defense. As a result, despite breaking the complainant's nose and admitting to striking the complainant, our client accepted a disposition where ultimately an Adjournment in Contemplation of Dismissal will prevent him from having (rightfully) any criminal record. Baring an outright dismissal, this ultimate dismissal after the adjournment term is a tremendous result and vindication for our client that he was not a guilty party. As a young man who worked at a top 10 international law firm, our client was not only saved from the embarrassment of the allegations and a criminal record, but he walked away with his career, livelihood and future secure.

If you are accused of a crime or under investigation for any offense, contact the former Manhattan prosecutors at Crotty Saland, LLP.

The best criminal defense attorneys and lawyers know that the laws regarding Criminal Possession of a Weapon as it relates to loaded firearms, guns, pistols and revolvers in New York are some of the strictest and most severe in the nation. Unless you can either beat the case or work out a favorable disposition, if your are charged with Criminal Possession of a Weapon for possessing a loaded firearm outside your home or place of business and you do not have a permit to do so...you will face a minimum of 3.5 years in prison if convicted. It is just that simple.

Fortunately, the NY criminal defense lawyers and former Manhattan prosecutors at Crotty Saland, LLP have handled a significant number of these cases from both the defense and law enforcement side giving us a unique perspective on weapon crimes. This experience and knowledge was recently put to the test for the second time in as many weeks and once again we got a tremendous result.

Our client, a woman from the West Coast, was charged with Criminal Possession of a Weapon for possessing a loaded firearm outside her home and without a permit in New York. Although she lacked the permit in New York, we were able to establish that our client purchased the gun legally, had a permit in her home state, lacked a criminal record, and other mitigating factors. Without going into specific details (our "trade secrets" one might say!!!) we were able to negotiate a non-criminal deal for our client despite the fact that she was alleged to have physically possessed the loaded pistol. That's right - no criminal record or jail at all...not even a day of community service!

As I always note, the results in one particular case do not guarantee the same results on a different case with the same or similar charges. What Crotty Saland, LLP does guarantee, however, is that we will tenaciously fight for our clients, utilize our traning and experience as prosecutors and defense attorneys, and work with you to put forth a compelling defense to maintain your freedom, integrity and livelihood.

When you are charged with Criminal Possession of a Weapon for possessing a revolver, pistol, gun or other firearm, you need your NY criminal defense attorney to fight relentlessly for you. Sometimes that "fight" may be more creative than adversarial, but the best criminal defense lawyers must persevere on behalf of their clients regardless of the case. As NY criminal defense attorneys and former Manhattan prosecutors, we at Crotty Saland, LLP know this because we have successfully fought for our clients under the harshest circumstances. Not only have our clients benefited as a result of our knowledge and experience, but Crotty Saland, LLP has been sought out by CNNSi.Com, the Times-Ledger and the AM NY as legal analysts on the crime of Criminal Possession of a Weapon. Practicing what we preach and utilizing our experience, Crotty Saland, LLP is pleased to announce that we obtained an Adjournment in Contemplation of Dismissal for our client who was charged with Criminal Possession of a Weapon.

Our client faced the charge of Criminal Possession of a Weapon for possessing a loaded firearm in NYC. The complaint was very strong in that it was alleged that our client personally possessed both the revolver and the ammunition. Knowing that our client would face a minimum of 3.5 years in state prison if he was convicted, we put together an extensive "package" for the prosecution detailing many factors that should, and did, mitigate the severity of the offense and even the culpability of our client. We did so in an expedient manner and reached a disposition with the District Attorney's Office by the first adjournment after our client was arraigned in criminal court. Not only were we able to obtain a tremendous disposition on his behalf (the case is to be dismissed and sealed), it was completed quickly so that our client could put the incident behind him and move on with his life and career. Equally if not most importantly, our client's freedom remained intact.

Although the above case is unquestionably a success at many levels, each case is unique and requires diligent analysis so that the best defense can be implemented. What is successful in one criminal case involving the same charge may not be in another. Whatever the accusation or circumstances, Crotty Saland, LLP is ready and able to examine the facts, consult with you and your family and work to do what we can to preserve your liberty, integrity and livelihood.

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The New York criminal defense attorneys at Crotty Saland, LLP take each and every criminal case seriously whether the case involves a misdemeanor charge of Harassment or a felony charge of Grand Larceny. Our results speak for themselves. We recognize that regardless of how "small" the case may appear to be in the scheme of the entire criminal justice system, to the accused and our criminal defense attorneys, each case is priority matter.

Recently, the attorneys at Crotty Saland achieved what may appear to be a small victory, but one that was hard fought over a period of months. Our client, a former employee at a one of the world's largest media companies, was accused of Prostitution as a "high end girl." After drafting a memorandum similar to a Clayton motion bearing out why the District Attorney's Office should offer a disposition different than the standard offer, the prosecutor assigned to the case agreed to offer such a disposition. However, although our client accepted the offer, upon going to court to accept the plea someone other than the assigned prosecutor changed the offer. A supervisor refused to make the original offer despite the previous agreement. Therefore, our client was unable to obtain the agreed upon disposition and the case was adjourned.

Further attempts were made to obtain the previously agreed upon disposition, but again, the supervisor refused to honor the agreement. On the following court date a different, but unacceptable offer was made. Again it was rejected. Because no legal notices were given that would require motions to challenge statements or identification and there were no issues regarding property recovered from the defendant, motion practice was waived and the matter was adjourned for trial.

Upon returning to court 63 days later we made an application that the case should be dismissed. Pursuant to CPL 30.30, the People must be ready for trial within 60 days from the beginning of the case where the charge is a "B" misdemeanor. The prosecution had not indicated at any point that they were ready for trial. The People refused to concede and the case was adjourned for a decision on the matter after after parties filed legal motions.

Without going into all the details of the motion to dismiss, one of the issues was whether the prosecution is given a "reasonable" amount of time to prepare for trial after an adjournment for the purpose of starting a trial. This particular judge had previously ruled in a published decision in the the New York Law Journal on a matter with similar facts. In that decision the court relied on, among other things, an earlier decision where it was held that the prosecution should be granted a "reasonable" amount of time to prepare for trial and denied that criminal defense attorney's motion to dismiss.

Despite the court's previous decision, we argued that there was a critical distinction between the cases. That is, in our client's matter motions were waived and a trial was requested. At no time did we ask to make motions to challenge legal issues because none existed at that time. The cases cited by the court in its earlier decision and those beneficial to the prosecution dealt with facts where motion practice was requested, but on the date the motions were due the criminal defense attorney waived the motions and asked for trial. Therefore, arguably, in the latter scenario, the People should be permitted a "reasonable" period of time to prepare for trial. In our client's case there was never a request to file motions. As a practical matter we argued that granting a "reasonable" period of time to prepare for trial where there were no motions or legal issues pending would be tantamount to ruling that in every case the prosecution would always get a "bonus" period of time to prosecute the accused. Armed with numerous court decisions and applicable statutes, the court granted our motion over the prosecutor's protest.

The fact that this case involved the charge of Prostitution is irrelevant. The same statutes and court decisions apply to criminal cases throughout New York. What is important is that we were able to identify the distinctions in the law (and a distinction from this particular judges published decision relating to the same crime and same issue), find applicable cases and apply them to our client's legal matter to get it dismissed. Without a doubt, each case handled by Crotty Saland, LLP requires and is deserving of our experience and relentless efforts - "big" or "small." Our results would not be the same without this effort.