Self-defense or “justification” is an affirmative defense that allows you to address charges where you’ve been accused of harming another. It most often comes up as a defense in assault cases but can be used for murder cases as well. Unfortunately, raising the justification defense is much more complex than simply telling police officers that you were defending yourself. This defense may help you in court but often will not prevent your arrest.  Remember, you should never try to talk to the police. Always invoke your Fifth Amendment right to remain silent and ask for your lawyer, no matte ..read more

New York is cracking down hard on theft and property crime issues here in the state. Retailers estimate they’ve lost $4.4 billion due to organized shoplifting rings, prompting the governor to make theft crimes a priority. If you’ve been charged with theft in Brooklyn, there are a number of defenses we can employ to preserve your freedom.  All theft charges, whether shoplifting charges, theft of service charges, car theft charges, theft by fraud, or other forms of theft, fall into one of two categories: larceny or petit larceny. Even wage theft is a form of larceny here in New York. Petit ..read more

A domestic violence charge can completely alter your life. It’s easy to panic, and it’s easy to fall into the trap of attempting to exonerate yourself in the eyes of your partner, your community, or even the police officers who come to arrest you. Five actions, in particular, can make your case much worse and can make it much harder to defend you against the charges.  #1) Contacting the Victim Leave the victim alone, even if you don’t yet have a court order barring you from making contact. The victim has no power to dismiss the case against you. The law does allow a domestic abuse victim ..read more

Some people end up very surprised to learn that, yes, it is possible to receive a DUI or DWI while sitting in a parked car in New York. Such arrests are not very common, but it does happen. New York Law specifically states that no person shall operate a motor vehicle while under the influence. The key word is “operate,” which covers activities other than driving.  This means if police officers witness you turning on the car while under the influence, they can arrest you. They might even arrest you if they watch you walking up to your car with your keys in hand while clearly under the infl ..read more

Traffic stops are stressful. Yet they can turn downright dangerous when the police tell you they want to search your vehicle. Fortunately, the police don’t have the right to search whenever they want. It’s important to know your rights because police officers will sometimes lie about whether or not they have the right to search your vehicle.  There are just three times that allow police officers to search your car.  #1) When You Give Them Permission Police officers will ask you to consent to a search. Say no. Don’t fall for the old “You’d let us search your car if you had nothing to ..read more

You might be eligible for alternative sentencing if you’ve been charged with a non-violent crime. These programs are known as “Alternative to Incarceration” or ATI programs. You may also be eligible for a drug and alcohol treatment program, Treatment and Accountability for Safer Communities, or TASC, programs.  The courts work closely with various non-profits to make these alternatives available. ATI Programs An ATI program requires a plea bargain. You’re given a sentence other than jail time. You meet the demands of the sentence. It is similar to a deferred prosecution agreement, where t ..read more

Most people don’t have a lot of experience with getting arrested. They freeze up, panic, or start running their mouths.  Any mistake can eventually cost you your freedom, so if at all possible you want to avoid these four actions. #1) Resisting Arrest Resisting arrest is covered under NY Penal Law Section 205.30. You are guilty of resisting arrest if you intentionally prevent or attempt to prevent a police officer or peace officer from conducting the authorized arrest of either yourself or another person. It is a Class A misdemeanor. You can be convicted of resisting arrest even if you ar ..read more

Missing a court date is a serious issue, especially for criminal cases. The judge immediately issues a bench warrant for your arrest, and you will likely face additional criminal charges.  Even if you leave the state, the bench warrant will follow you. If the police pull you over and find the warrant, they would generally hold you without bail in whatever state they found you in and then return you to New York on a Governor’s Warrant. They don’t have to move quickly on the return either: they can leave you to sit in jail for weeks before ultimately returning you to face charges. If you tr ..read more

When police sit you in an interrogation room, they hope you’ll confess, a formal admission that you committed the crime they are charging you with. They know that confessions convince juries to convict.  Many of the confessions police obtain are false. Yet the view that nobody would confess unless they were truly guilty persists. That’s why police-induced false confessions are among the leading causes of wrongful convictions. Fewer than 20% of people invoke their Miranda rights, even after they’ve been read to them.  Why Innocent People Confess to Crimes Until you sit in an interroga ..read more

As of 2023, it is now legal for adults 21 and older to possess up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis for recreational use.  Yet there are still some ways that marijuana use can get you into trouble in Brooklyn.  Giving Marijuana to an Underage Person You may be charged with a crime for selling cannabis or giving cannabis to anyone under the age of 21.  Using Marijuana in Certain Places It’s still illegal to use marijuana in certain locations, including: A motor vehicle A private business Smoke-free locations like public parks On federal land&nbs ..read more