In this section of our website, we have answered hundreds and hundreds of questions our clients have asked us over the years. Instead of looking all over the Internet for an answer to a question you have about an arrest or investigation in New York City, spend 10 seconds and see if we have answered it here. Here’s how to find your answer….
If your bankruptcy trustee believes that you intentionally tried to hide an asset from the court, then it is possible that criminal charges can be filed against you.
This is rare, but the more valuable the undisclosed asset is, the more suspicious it looks.
Upon discovering that you’ve omitted an asset in your filing, you should immediately provide the bankruptcy court with a corrected filing.
Like all theft crimes, sentences for Grand Larceny are dependent on the value of goods that are alleged to have been stolen.
The majority of Grand Larceny cases tried in New York are charged as Grand Larceny in the Fourth Degree, which is a class E felony.
This indicates that the theft involved goods valued between $1000 and $3000.
In very rare cases, petitioners have convinced judges in the circuit courts to reconsider, in the interest of justice, the arrest or conviction record that remains after a case has been resolved.
There have been instances where police conduct has been questionable, as in mass arrests at protests and other gatherings, or cases where laws have changed, meaning that the petitioner would not have been guilty of a crime if the act had occurred today.
Yes, defense of others can be argued when you have been charged with assault in New York.
There are several conditions to the defense, though.
First, you must be able to demonstrate that you did not instigate the fight that led to the charges.
Second, you must show that your actions in the fight were proportional to the threat against others.
New York City is one of the world’s financial capitals, and insider trading is a risk for tens of thousands of executives who work with sensitive information about their companies, as well as individuals working for Wall Street firms.
If an SEC investigation yields evidence of misconduct, it may be handed over to the Department of Justice for prosecution.
Yes, it is possible to argue self-defense as a defense against assault charges in New York, and an argument of justified force means that prosecutors must prove beyond a reasonable doubt that your actions were not warranted to protect yourself or others.
There are limits on the degree of force that can be used in a physical confrontation, so it’s important that your attorney can argue that your actions were proportional to the threat you were facing.
Smuggling goods into the United States is a serious crime that’s often associated with organized crime rings that are using fraud tactics to sneak in items that would otherwise be taxable, or illegal goods for black market sales.
Penalties are high if convicted, with a sentence of up to 20 years in Federal prison for each count, plus fines meant to provide restitution to the United States.
In response to – some would say overreaction to – high profile shootings around the country, New York has tightened its gun laws and increased its penalties substantially in the last few years.
This has resulted in many cases of law abiding gun owners getting caught up in the criminal justice system and facing significant penalties.
Federal criminal cases are especially complex, and when it comes to charges that you’ve trafficked firearms in New York, either by illegally importing and selling in the state or selling to unapproved persons (or both), you are facing charges that can put you away for decades.
Typically, Federal firearms convictions result in a ten year sentence and $250,000 fine for each count, but since these cases are often enmeshed in other illegal activities, like drug trafficking, it’s difficult to guess what any person’s exposure will be.
New York charges heroin possession at different levels based on the weight of the drugs involved, so penalties can range from a Class A Misdemeanor for quantities under one-eighth of an ounce, carrying a potential penalty of one year in jail, to a Class A Felony for possession of more than eight ounces, carrying a potential sentence of up to 20 years in jail.