Foreign Corrupt Practices Act

April 18, 2017 | Comments Off on Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act (FCPA) is an anti-corruption law aimed at American companies that operate in international markets. When it was passed in 1977, the FCPA was the first law to make both individuals and corporations civilly and criminally liable for corruption crimes committed outside of the country. The FCPA prohibits U.S. companies and/or their representatives from bribing a foreign official, political party, or candidate for office in order to drum up business, secure an advantage, or strengthen a business relationship. The anti-bribery provisions apply to three categories of individual or entity: Issuers, such as companies that are listed on American stock exchanges or required to file reports with the Securities Exchange Commission (SEC). These entities are required to maintain complete and accurate records and ensure that transactions are executed in accordance with the law. Domestic concerns, meaning American companies, their representatives, and companies that are organized under U.S.…

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Traffic crimes in New York City

March 2, 2017 | Comments Off on Traffic crimes in New York City
traffic crimes

An estimated 4,000 New Yorkers suffer serious injury in vehicle-related accidents every year, and over 250 people die as a result of these collisions. These statistics, along with the fact that being hit by a car is the leading cause of fatal injuries for children under 14, has driven the formation of the Vision Zero Action Plan, whose mission is to end traffic deaths and injuries on the streets of New York. It advocates the following: Increasing the enforcement of traffic violations Increasing penalties for dangerous drivers Increasing the use of enforcement cameras Vision Zero signifies a growing intolerance toward traffic violations, especially speeding, in New York City. Therefore, getting a traffic ticket is no longer a minor annoyance. Below are some of the potential consequences you face: Large fines and surcharges Higher insurance costs Accumulation of points that could lead to a suspended driving license Tarnished driving record Civil offenses…

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Your rights in New York DUI cases

February 16, 2017 | Comments Off on Your rights in New York DUI cases
DUI

When a New York law enforcement officer stops you for suspected DUI, and you’ve never been in trouble before, it’s normal to be intimidated or worried. After all, New York has some of the toughest laws in the country when it comes to driving under the influence of alcohol or drugs. It is important to remain calm, be polite while avoiding any admissions of guilt, and understand what your rights are in these situations. Roadside testing The officer who stopped you may ask your permission to perform two types of tests: Field sobriety: These tests require you to walk in a straight line, balance on one leg, and in general assess your physical coordination. Blood alcohol: In this roadside test, the police typically use a portable Breathalyzer to measure your blood alcohol content (BAC). You are not legally obligated to take a field sobriety test and should politely refuse when…

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Why hire a criminal defense lawyer?

February 7, 2017 | Comments Off on Why hire a criminal defense lawyer?

If you have been arrested or charged with committing a criminal offense, then you need the assistance of a criminal defense attorney. Unfortunately, many people in this situation hesitate at first for reasons like the following: They don’t think they can afford professional representation They think they can get the charges dropped by telling their side of the story The reality is that legal counsel is more affordable than you might think, and well be worth it if you’re facing a serious criminal charge and your future is at stake. It’s also highly unlikely that you can talk yourself out of the charges: if you’ve been arrested, then chances are that the alleged evidence against you is of such a degree that a trial is a possibility. Why you should engage an attorney ASAP When you secure legal representation immediately after being arrested but before charges have been filed, a…

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Assault on a police officer in New York

December 30, 2016 | Comments Off on Assault on a police officer in New York
police assault

Assaulting a police officer is one of the more serious assault charges under New York State law. This particular crime arouses both public anger and high volumes of press coverage because the police are sworn to protect New York’s citizenry and violence against them is seen as a threat to public safety. If you are even suspected of assaulting a New York police officer, then you may be treated as guilty in many people’s eyes until a judge or jury finds you innocent. Assault in the Second Degree If you commit Assault in the Third Degree on a police officer, and you did so with the intent to prevent the officer from carrying out his lawful duty,  then the charge is automatically bumped up to Assault in the Second Degree. One example might be pushing a policeman away from a friend who is being arrested and causing physical injury to…

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Selecting the best criminal defense attorney for you

December 1, 2016 | Comments Off on Selecting the best criminal defense attorney for you

If you are found guilty of a criminal offense, then the potential consequences can be severe. They include jail time, fines, possible forfeiture of property, and a criminal record that will cause problems for you long after authorities decide that your debt to society has been paid. With so much at stake, you need to select a criminal defense attorney with trial experience, a good record of litigation success, and expert knowledge of the laws you are accused of breaking. Narrowing down your choices Depending on where you reside, you may find yourself faced with literally hundreds of choices. To narrow it down to three or four potential attorneys, research each candidate’s background and their success rate in cases like yours. It is important to remember that years in practice and years of experience are not always equal. A lawyer who has been in full-time criminal defense practice for five…

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What can we learn from California’s proposed ransomware law?

November 25, 2016 | Comments Off on What can we learn from California’s proposed ransomware law?

In some instances, laws can be very specific, leaving a judge with little room for interpretation. In other instances, a law can be surprisingly vague. Sometimes, over time, and as societies and their technologies evolve, laws may end up being interpreted differently. This is often the case with the penal law. One notable area is our computer and internet criminal code. Technology changes rapidly. For example, a host of new laws regarding computer access has been created as a result of the internet usage. After all, the internet has only been around for a few decades. Additionally, smartphones have created additional security and privacy dilemmas that our justice departments have had to tackle more recently. A new frontier in cyber law is ransomware. What is ransomware? Ransomware is a combination of extortion and unauthorized use or access of a computer or computer network. Ransomware can be a state crime and/or…

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­­­­Voter fraud in New York

November 8, 2016 | Comments Off on ­­­­Voter fraud in New York
voting and fraud

Voter fraud is a form of illegal interference with the electoral process. It comes in a variety of forms, including: Impersonating a registered voter Intimidating someone into voting as directed Fraudulent voter registrations Bribing voters and election officials to produce the desired result Destroying ballots that have already been cast Equally varied are the New York State charges that can arise from acts of voter fraud, along with their penalties.  They include: Bribery: New York State law recognizes three categories of bribery offenses. A person is guilty of Bribery in the Third Degree if they provide favors to a public servant in exchange for influencing that person’s vote, decision, judgment, and related actions. It is a Class D felony with a penalty of up to seven years in prison. If the benefit exceeds $10,000 in value, the charge is Bribery in the Second Degree, a Class C felony that can…

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New York City, stop and frisk, and crime

September 28, 2016 | Comments Off on New York City, stop and frisk, and crime
crime in NYC stats

The interpretation of crime statistics in New York City can depend largely on the viewpoint taken regarding tactics and politics. For this reason, a recent story from the New York Daily News has to be considered with some context in order for it to make sense. A front page story, published June 5, 2015, states, “Stop and Risk- Frisks drop while crime climbs.” The stop and frisk policy referenced here was strongly associated with the administration of former Mayor Michael Bloomberg, and it was first on the chopping block in Mayor De Blasio’s campaign messaging. Even though the data in the article  properly references that shootings and murders are on the rise in the city, overall crime numbers have decreased. New data on stop and frisk activity by police officers in New York City indicates major declines across much of the Big Apple- some areas experienced decreases in the behavior…

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What to do if you are facing criminal scam charges

September 8, 2016 | Comments Off on What to do if you are facing criminal scam charges
federal internet scam

Scams are relatively common across the country these days, especially as the reliance on technology and the Internet has increased. In fact, the capture of personal data using electronic methods has impacted dozens of people over the course of the past year alone. Scams can range from minor to serious, with criminal charges a strong likelihood for those who are caught in the act of scamming others. Some of the most common examples of scams that exist today include phony tech support lines used to access a system and then charge for the solution, rental scams, websites that mimic big merchandisers, payday loans and fraudulent grant opportunities, or even individuals posing as the U.S. government offering assistance with an upfront payment. If you have been accused of carrying out a scam, then your first call should be to a  criminal defense attorney. Without bringing an attorney on board, you can…

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False Claims Act

August 26, 2016 | Comments Off on False Claims Act

Also known as the “Lincoln Law,” the False Claims Act is a federal law that penalizes those who defraud government programs. In addition to providing up to treble damages in a pro-plaintiff verdict, the Act delivers upwards of up to 30% of recoveries. It has been described as the single most important resource American taxpayers have to recover the fortunes stolen by government contractors every year. The False Claims Act deals with fraud involving all federal programs or contracts except tax fraud. The civil actions that whistle blowers bring under the Act are known as qui tam lawsuits, and plaintiffs receive monetary rewards if their cases result in the recovery of government funds. Most qui tam actions today involve alleged Medicare and Medicaid fraud, but claims can be (and are) brought against other businesses in other industries, such as banks and other financial institutions, defense contractors, and pharmaceutical companies. Examples…

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How serious is a forgery charge?

August 23, 2016 | Comments Off on How serious is a forgery charge?
money criminal fraud

Although forgery is considered under the umbrella of fraud charges, many people are under the impression that it is a minor charge and not really anything to worry about. Having this perception can be a big mistake. Any person who knowingly possesses or creates a forged document or instrument that confers either liability or value could be accused and possibly found guilty of forgery charges. This specific crime is considered a misdemeanor, punishable by up to a year in jail.  Therefore, it  warrants the involvement of an experienced New York criminal defense attorney. A written instrument broadly means any kind of printed material, computer program or data, tokens, or currency that is used to convey pieces of information or as proof of some kind of value. This is a very broad definition of forgery, and the potentially broad application of this definition should be considered by you and your attorney…

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Federal drug crimes v. state drug crimes

August 18, 2016 | Comments Off on Federal drug crimes v. state drug crimes
drugs and crimes

Most drug arrests in New York State are carried out by local law enforcement, but under certain circumstances, a drug crime can become a federal matter. These circumstances include: The accused person had a large enough quantity of drugs in their possession to be charged with trafficking A federal officer makes the arrest The offense takes place on federal property, such as a courthouse or national park The involvement of weapons The U.S. government has its own set of laws covering controlled substances, with crimes such as trafficking, distribution, and even possession being investigated and prosecuted by the Drug Enforcement Agency (DEA) and the FBI. If convicted, one typically faces harsher penalties than one would in the state court system. Drug trafficking Federal drug trafficking charges are applied whenever someone is accused of trafficking activity that either crosses state lines or occurs in more than one state. When Schedule I…

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Officials push for “Blue Lives Matter” laws

August 8, 2016 | Comments Off on Officials push for “Blue Lives Matter” laws

U.S. Attorney General Loretta Lynch and New Jersey State Senator Joseph Kyrillos (R-Middletown, NJ) both want to classify police slayings as hate crimes. Sen. Kyrillos’s proposal would elevate simple assault to aggravated assault if defendants target police officers simply because of their occupation. Other laws already offer similar protections “based on race, on religion, on disability, on sexual orientation,” he noted. Currently, Louisiana is the only state with a so-called Blue Lives Matter law, but lawmakers in several other states are debating such measures. Meanwhile, Attorney General Lynch initially planned to launch a federal hate crimes probe after several officers were slain in Dallas, Texas, but those intentions were shelved after it became apparent that the only suspect in the crimes was deceased. Nevertheless, Ms. Lynch met with officials from the National Fraternal Order of Police, where they reportedly discussed permanently extending the federal hate crimes law to police officers. Hate…

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How does jury selection work?

August 1, 2016 | Comments Off on How does jury selection work?
criminal jury selection

The U.S. Constitution guarantees a defendant the right to trial by jury in both civil and criminal proceedings. In New York State, a jury pool is drawn from the following resources: Registered voter lists Names on file with the Department of Motor Vehicles Income tax filers Unemployment or family assistance recipients Volunteers Criminal felony trials in New York have 12 jurors and up to six alternates, any of whom can step in if a regular juror is excused for emergency reasons. Civil procedures and trials for lesser criminal offenses (e.g. misdemeanors) usually have six jurors and one to four alternates. The jury selection process Jurors are chosen through a question and answer process called “Voir Dire.” Attorneys for both the prosecution and the defense (and sometimes the judge) ask each prospective juror some questions to determine whether he or she should serve on the case about to be tried. The…

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Distracted driving

July 27, 2016 | Comments Off on Distracted driving
criminal distracted driving

We rely on our cell phones for several reasons: to communicate with friends and family, go shopping, get directions and even snap a selfie for posterity. It has gotten to the point where we reach for the phone automatically whenever it rings, or a text message alert comes through, even when the safety of doing so is questionable. New York State has strict laws when it comes to using cell phones and other handheld electronic devices while driving. Evidence suggests that taking your eyes off the road for two seconds or longer will double the risk of an accident. According to New York State DMV statistics there was a 143% increase in crashes related to cell phone use between 2005 and 2011. Therefore, if you do any of the following while behind the wheel of a motor vehicle, you face significant penalties. Talking on a handheld cell phone Texting Surfing…

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Different types of warrants in New York

July 18, 2016 | Comments Off on Different types of warrants in New York
officer arrest

Many people are confused over the difference between arrest warrants and bench warrants. Some think they are the same thing. Not quite. Both can result in the police taking you into legal custody but there the similarity ends. They are issued under different conditions, and the implications are not always the same. Arrest warrants An arrest warrant is a document signed by a judge that authorizes the police to arrest you and take you into custody. It usually identifies the crime you are accused of and sometimes indicates the manner in which you can be arrested. If the grand jury hears allegations against you and returns an indictment, then the court may issue an arrest warrant. In these instances, the police will go wherever they believe you can be found to arrest you. This can result in an embarrassing situation, such as you being escorted out of your home in…

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Infographic: Homicide Rates on the Rise

June 6, 2016 | Comments Off on Infographic: Homicide Rates on the Rise

Homicides Create your own infographics

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The Miranda warnings turn fifty

June 1, 2016 | Comments Off on The Miranda warnings turn fifty

”You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.” Most Americans have heard these four sentences, even if not from a law enforcement officer as they are a pillar of our country’s criminal justice system. The Miranda warnings, as this phrase is known, turns 50 this month. The sentences are supposed to be read to detained criminal suspects prior to any questioning.  The Miranda warnings inform or remind a suspect of his or her legal rights during interrogation. Where did this text come from? Why do we read it and when was it first read? A man, Ernesto Miranda, was arrested in 1963 in…

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Don’t make decisions too quickly in the aftermath of a DUI arrest

May 26, 2016 | Comments Off on Don’t make decisions too quickly in the aftermath of a DUI arrest
DUI DWI Arrest

When you’ve been arrested for driving under the influence or any other kind of criminal charges in New York, it can be tempting to want to cooperate with law enforcement in the hopes of a quick resolution to your dilemma. The arresting officers speaking with you immediately after your arrest are counting on your vulnerability. They will try to make you feel nervous about your future and try to talk you into accepting responsibility for the crime sooner rather than later. This makes their lives much easier, but it is not always necessarily the best choice for you.  Do not fall for the temptation of trying to work with the police by giving a statement or agreeing that you are at fault. Your first request should be to speak to your New York criminal attorney. Making hurried decisions after you have been arrested for any crime in New York is…

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