Going through a criminal trial is a difficult process. One thing that comes up in some cases is whether the defendant should take the stand to speak out in their defense. Some argue that it gives the person a chance to tell their side in their own words, but others caution that this can open up the possibility of helping the prosecution. If you’re in this position, you must ensure that you and your defense team consider the pros and cons carefully. Because specific elements of the case must be considered, there’s no easy answer about whether you should take the stand in your own case.  Bu ..read more

The First Amendment of the U.S. Constitution grants people the right to free speech. Nonetheless, this is not as simple as people being able to say absolutely anything. For example, some threats may not fall under the protections of the First Amendment. In fact, New York takes threatening behavior or “menacing” very seriously, and threats can lead to criminal charges. When can a threat become a crime? A credible threat that intends to cause harm or frighten someone may be considered a criminal offense. The word “credible” is important here, and law enforcement and prosecutors will consider con ..read more

Anyone who follows media stories of high-profile people who are accused of financial and other fraud crimes has likely heard the phrase “disgorgement of ill-gotten gains.” While this may sound a bit old-fashioned, this is a term that is still used by the courts. Disgorgement is often one of the penalties handed down when someone has engaged in fraudulent activity that has cost others money or other assets. Disgorgement is the repayment to victims (investors, for example) for their losses. This may include interest on those losses. Note that disgorgement is separate from penalties that someone ..read more

Credit card fraud is an increasingly consequential problem, partly because of the prevalence of online activity that fuels this kind of misconduct. This complex white-collar crime can encompass a variety of actions, from physically stealing a card to digitally hijacking card information. At its core, credit card fraud involves the unauthorized use of a credit card to make purchases or withdraw funds. Defense strategies utilized in response to credit card fraud allegations may vary significantly based on whether the accused is charged with physically stealing a card, using stolen card informati ..read more

It has often been said that money makes the world go round, and if you look at the world of finance, you could believe that to be true. After all, this is a place where fortunes are made and lost in the blink of an eye. If you invest other people’s money, it’s easy to get caught up in the excitement of the risks you’re taking on their behalf; however, it’s essential to be aware of the ins and outs of security fraud to protect yourself and your investors from the potential consequences of conduct that could be perceived as deceitful practices. Insider trading One of the more well-known forms of ..read more

Someone could be charged with drug possession if there are illicit drugs physically on their person, they were dealing or manufacturing drugs or they had drug paraphernalia. Depending on a few factors, a defendant convicted of drug possession in New York could be sentenced to a minimum of 15 days in prison with less than $250 in fines to over 20 years incarcerated with $100,000 in fines. One of the factors considered when sentencing a defendant is the amount of an illicit substance they had in their possession. Another factor that’s considered is the type of drug, or where it falls on the “sch ..read more

When it comes to financial crime, the terms embezzlement and theft are often used interchangeably. This can lead to confusion in legal discussions and everyday conversations. Understanding the distinctions between these two offenses is crucial for anyone charged with either crime. Having clarity on what these offenses entail can help ensure that those accused of wrongdoing can craft an informed defense strategy. What sets them apart? Embezzlement is a white-collar crime involving misappropriating funds entrusted to an individual for personal gain. Embezzlement cases frequently involve employee ..read more

For years, geofence warrants have been widely used by police to create suspect lists when there’s nowhere else to look. But that’s all over now in New York and the rest of the U.S. since Google made a company-wide change to how it handles these types of information requests. What’s the problem with geofence warrants? Opponents of these reverse-location services have long called out the potential for abuse by law enforcement. Troubling reports indicated that police met minimal resistance, with few questions asked when they worked through Google to obtain user data. This has led the company to s ..read more

In New York, a felony drug conviction can result in multiple consequences, including the potential for imprisonment, stiff fines, and negative impacts on careers and relationships. The negative impact of a felony drug conviction can continue to affect people long after they have served their sentence. These are the negative effects people can suffer from felony convictions that continue well into the future. In some states, one potential collateral consequence of a felony drug conviction is a ban on the ability to access public benefits programs. Access to public benefits and felony drug convi ..read more

Having a criminal record in the state of New York can certainly limit your ability to progress with your life. While you may have paid back your debt to society, you can still be punished by potential employers, lenders and even landlords. In certain cases, getting your criminal record expunged is possible. If you believe you may be a candidate for having your record expunged, you should certainly investigate the process. However, be aware that there will be challenges. The requirements for expungement Unfortunately, not everyone who has been convicted of a crime can qualify for a record expun ..read more