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What Is Considered a Hate Crime in New York?

At the end of 2018, the New York Police Department (NYPD) released certain statistics on crime in New York City. One of the disturbing numbers was a small, but noticeable, spike in the number of hate crimes reported last year. These numbers reflect a similar trend throughout the State of New York, with hate crime…

When words can be criminal: Harassment defense in New York

Most of us know someone who annoys or bothers us. Sometimes they are a former romantic partner, other times they can be a family member, ex-friend, or one-time colleague. On occasion it’s a party we have no personal or professional association with. What can we do about someone like this?  As long as their actions…

What are the most common holiday crimes?

While criminal activity is not restricted to the holidays, certain crimes appear to become more frequent once December rolls around. The period between Thanksgiving and New Year has long been recognized as a time when reported crimes go up, supposedly due to increased opportunity and financial desperation. To help keep you safe this holiday season,…

Probation in New York: How it works

Probation is a disposition or sentence imposed by a New York criminal court, whereby you are released without serving any time in jail, although in some circumstances you could be sentenced to both imprisonment and probation. The term is sometimes confused with parole, which is when you serve part of your sentence in the community…

Common examples of healthcare fraud

Last December, four New York City doctors were included in a group of individual and corporate defendants charged with defrauding publicly funded insurance providers like Medicare and Medicaid of millions of dollars. Their arrest drew a lot of press coverage and public ire. In recent years, federal, state, and even local authorities have directed their…

Tax crimes in New York

Last April, a British lawyer was found guilty of a massive tax fraud scheme. Michael Little, who was licensed to practice law in New York, was accused of helping the family of a U.S. investor conceal millions of dollars from the IRS by depositing it in Swiss bank accounts. He now faces up to five…

You were arrested for what?

Did you know that in New York, if a police officer catches you flirting, you can be fined $25? If this antiquated law were enforced, then most of the city would be in danger. It’s been on the books for over 100 years and probably dates back to January 1902, when state Assemblyman Francis G. Landon…

What is a treaty transfer case in criminal law?

Being arrested, convicted, and imprisoned is bad enough. It’s even worse when you’re in a foreign country and have no access to friends, family, or even friendly faces who speak your language. Fortunately, you may be eligible for a transfer treaty arrangement that allows you to return to the U.S. to serve out your sentence.…

You have the right to remain silent: History of the Miranda warning

“You have the right to remain silent….” Most of us can recite the remainder of that statement by heart, even if we’ve never been arrested. It’s included in the script of every police drama and reality TV show dedicated to police procedure. What is not so well known is the story behind the so-called “Miranda”…

What is a 440 motion?

We’ve all watched courtroom dramas with riveting trial scenes. The most memorable are those in which the defendant is found guilty of a crime he did not commit. We sympathize with his feelings of shock and dread as he contemplates a lengthy prison sentence. It’s a grim situation that occurs in real life. Even if…