Frequently Asked Questions

Decriminalization of Marijuana in New York

April 27, 2016
NY Penal law 221.15 Criminal possession of marihuana in the fourth degree.

What is the difference between legalization or decriminalization? Many states and countries have been moving toward the legalization or decriminalization of marijuana… but what does that really mean? In New York, the possession of marijuana has been decriminalized, but not fully legalized. This means that depending on the amount of marijuana you have in your […]

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Top 5 Things To Do If You Are Arrested For Assault

March 8, 2016
arrested for assault

  You’re having a heated argument, when suddenly things turn physical and the next thing you know, you have a voicemail from a detective telling you to come down to the precinct. Here are the top five tips for what to do if you have been or are about to be arrested for an assault in […]

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Lesser Included Offenses

August 4, 2015
LESSER INCLUDED OFFENSES

In many cases when you are charged with a crime, you may notice that there are also a number of other, similar charges against you.  These additional charges are known as lesser included offenses. You may ask, why am I being charged for multiple crimes following a single incident?  For example, if you are charged with […]

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When Can Police Conduct a Search Without a Warrant?

January 2, 2014
When Can Police Conduct a Search Without a Warrant?

In a previous post, we discussed search warrants in detail. A search warrant is a legal document that gives law enforcement officers judicially sanctioned authority to conduct a search for evidence of a crime. In general, police need to have a search warrant in order to conduct a search. This requirement is based on the […]

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Can Police Tap My Cell Phone?

December 10, 2013
can police tap phone

Some of the most popular crime movies and television shows feature “tapped” phones and law enforcement officers listening in on suspects’ phone conversations. In Goodfellas, Henry Hill is obsessed with whether or not investigators have tapped his phone. In The Wire, members of Avon Barksdale’s drug empire use “burners,” or “disposable” phones, to avoid having […]

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Understanding Stop-and-Frisk Searches

October 11, 2013

The stop-and-frisk search is one of the most controversial police tactics in use — especially in New York City.  Lately, stop-and-frisk practices have been in the news.  A high-profile civil rights lawsuit, which alleges that the New York Police Department violated the constitutional rights of hundreds of thousands, is working its way through the federal courts […]

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I was just arrested for drug possession of sale. Now what do I do?

September 14, 2013

If you were arrested in New York City, you will arraigned within approximately 24 hours of your arrest.  You should try to retain an attorney by then. The arraignment is primarily to advise you of your rights and enter a plea of not guilty. At your arraignment, if you have no prior warrant record,  and […]

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Arrested on Drug Charges – How Much Time Am I Looking At?

August 17, 2013

The drug penalties in NY state are severe and even possession of small quantities can be punished by jail time.  In practice though, few drug charges ever receive the maximum penalties.  With proper legal representation most first time arrests for small quantities can usually be resolved without a criminal record.  Larger quantities, sellers and repeat offenders risk […]

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