The short answer is yes. One of the principles of federal conspiracy is that you can be held accountable for conduct of others even if you personally did not do what they did. The Supreme Court ruled  decades ago, followed by a practically all circuit courts that if a coconspirator makes a incriminating statement and then you join the conspiracy, that statement can be used against you.

Federal court in New York explained that this is so because a new recruit can be assumed to have adopted what has occurred before his or her jointing of the conspiracy.

Still the government must prove that the conspiracy actually existed when the statement was made or else it will be inadmissible  against you.

If you have been charged with conspiracy in federal court in New York, please call our New York criminal federal lawyers at (212) 577 6677 for an immediate consultation.

Not at all! Federal conspiracy only requires an agreement to commit the crime. It doesn’t matter whether the crime has been actually committed. This has been the position of American federal jurisprudence for nearly a century. Unlike many other countries where the law does not punish conspirators for “plain talk” and requires the commission of the crime to hold defendants responsible, in the United States federal justice system will convict a person of federal conspiracy even if the substantive offense was never committed. Moreover, one can be convicted even where it was simply impossible for the conspiracy to succeed, or even if one of the “co-conspirators” was a government agent. In the words of the Second Circuit, which includes all New York federal courts,  the only thing that matters in a conspiracy prosecution is whether the defendants agree to commit the underlying offense, not whether their conduct would actually have constituted that offense.

One of the only few efficient defenses against the charges of federal conspiracy is the lack of agreement to commit the crime. Conspiracy accounts for the vast majority of all federal charges brought in New York. If you have been charged with a crime in federal court in New York, call our New York City federal criminal lawyer today at (212) 577-6677 for an immediate consultation.

Can I keep my house? My car? My assets? You can keep these properties, unless they are considered to be proceeds or substituted proceeds of the felony offense or are considered to be an instrument of the felony offense.

For example, if you have been convicted of money laundering in the first degree, which specifically ties to criminal sale of controlled substances, a class D felony, then your property is going to face criminal forfeiture proceedings.

However, according to the New York State Penal Law § 480.10, if the property being forfeited would be disproportionate to the defendant’s gain from the crime, then the judge may set aside, modify, or limit what the prosecutor wants to be forfeited. Of course, it is up to the defense to make such as point.

Within New York City, forfeiture happens after the defendant has pled guilty or been convicted after trial to a felony controlled substance offense. The New York State government cannot go into your bank accounts and retrieve your assets for forfeiture when you are charged with a crime; but they can still freeze it.

If you have been investigated or arrested for criminal sale of a controlled substance or money laundering in New York City, call our New York City money laundering defense attorneys at (212) 577-6677 for professional legal advice.

According to the New York State Penal Law §190.05, a person commits larceny by committing the crime of issuing a bad check when the drawer writes and hands over a check while knowing that he or his principal does not have sufficient funds to cover it.

Like most criminal charges, the police need to have reasonable suspicion that the drawer has had an intention to write a check that would be refused by a bank upon deposit.  Of course there are certain instances where a bad check was issued but criminal charges were not filed.

What if I claim that I had intended to deposit the necessary funds to cover the check?

Statutory law allows the drawer a 10-day grace period to the drawer or a person acting on his behalf to satisfy the amount of the check. If the defendant passed the 10-day grace period, he might be presumed to have an intention to defraud.

Although the issuance of a bad check is a class B misdemeanor it is often connected to a grander fraud of check kiting, which takes advantage of the bank’s float period to falsely inflate the balance of a checking account in order to allow written checks that would otherwise bounce to clear. In such cases, many defendants who are charged with the issuance of a bad check are subpoenaed to have their bank records reviewed by Federal or New York State forensic accountants, and other legal officials.

If that is the case, you may be suspected of committing a more serious crime than a class B misdemeanor. We advise that you pick up your phone and call a criminal defense attorney immediately before responding to subpoena.

At Joseph Potashnik & Associates, we have a panel of some of the most skilled New York City criminal defense attorneys specializing in various areas of white-collar crime defenses.

If you have been charged or arrested for issuing a bad check, or bank fraud in New York City, then call our office at (212) 577-6677 to get professional legal advice.

Yes and no, it depends on the situation and where the obscene material is located. Under New York law, police are generally required to obtain a valid search warrant before they seize any obscene materials, although there are some exceptions to this rule.

According to the Supreme Court case of Roaden v. Kentucky, (413 U.S. 496), it is not always up to the police to decide whether something is an obscene material. Unlike the usual forms of contraband in New York, such as narcotics and weapons, courts view obscene materials in a more flexible manner in favor of the defendant, and therefore such evidence may not be seized without a warrant.

However, if the obscene material has been upheld in a location that is open to the public, such as a bookshop, film shop and website, then warrantless search and seizure may be authorized. But prior to the seizure, an investigator must already have some evidence in hand for the court to determine if the material is obscene.

In many cases, the procedures legal officials follow to recover evidence can influence the way a case can turns out, especially if the seized evidence plays a crucial part incriminating the defendant.

When face with a warrant authorizing the search and seizure of either your home or your business, it is important to exercise your constitutional rights and seek legal advice from a criminal defense attorney before speaking with a legal official.

If a search and seizure warrant has been issued against you in New York City, then call (212) 577-6677 to get professional legal advice.

Yes and No. In every state, lemon laws give consumers rights if their newly purchased vehicle has serious defects or mechanical problems, a right to a refund or a new vehicle. In New York State, lemon laws additionally apply to motorized wheelchairs, which give consumers rights to demand refund or a new motorized wheelchair.

A violation of a lemon law does not usually lead to criminal prosecution, because most of the consumers would just go through arbitration, which is an out-of-court resolution process.

The consumer would generally have to fill out a Request-for-Arbitration form with the New York State Attorney General’s office. These forms are then inspected by the New York State Attorney General’s office for discrepancies. When a suspicious claim is found, it is referred to the Consumer Fraud Bureau for further investigation.

Usually, a criminal investigation is initiated after the manufacturer has three or more unsuccessful repair attempts, or there are multiple claims indicating one specific manufacturer for selling “lemons” on a grand scale. Once an investigator has opened a file on an alleged offender for fraud, he/she will further scrutinize for intent and knowledge of selling “lemons” for a profit.

There is no universal definition for consumer fraud in New York State, which is usually prosecuted under Scheme to Defraud and/or Grand Larceny charges in the Penal Code.

If you are recently being investigated for consumer fraud in New York, then call our office at (212) 577-6677 to get professional legal assistance.

Yes and No. Under certain circumstances, the defendant has the right to file a motion to suppress evidence under the standard that the evidence is more prejudicial than probative. Sometimes, the prosecutor will seek to admit the defendant’s prior criminal conviction for cross-examination, which can be the gravamen of the defendant’s conviction.

In order for the court to protect the fairness of the trial, and whether the defendant’s prior criminal convictions are more prejudicial than probative, a pretrial hearing called a Sandoval Hearing may be held.

What Is A Sandoval Hearing?

A Sandoval Hearing is a pretrial hearing held to review the prosecutor’s request to use the defendant’s prior criminal record to impeach his credibility on cross-examination, if he decides to testify at that time. Although it is generally permissible for the opposing counsel to use the witness’ criminal record on cross-examination to impeach the witness’ testimony, the rule does not apply to the defendant.

In People v. Mallard, 79 Misc. 2d 270 (1974), the court ruled to suppress all of the defendant’s prior criminal convictions, which consisted of multiple robbery charges, on the grounds that these criminal convictions do not show that the defendant has a tendency to be dishonest.

However, prior criminal convictions of perjury, fraud and larceny by misrepresentation, may be admitted to court to impeach the defendant’s testimony on cross-examination.

Going to trial in a criminal case is an extremely risky decision for the defendant. Not every criminal defense attorney has the knowledge and the skill to find out the defense the defendant rightfully needs.

At Joseph Potashnik & Associates, we have a panel of some of the most skilled state and federal criminal trial defense attorneys.

If you are being investigated or arrested for a crime in New York City,  call our office at (212) 577-6677 to get professional legal advice.

In New York, Criminal Mischief is the crime charged against an individual for intentionally destroying, damaging, or altering property.   There are four varying degrees of Criminal Mischief; the first degree being the most severe – a felony and the fourth degree being the lowest charge – a misdemeanor.

Criminal Mischief in the First Degree is a Class B felony, punishable by up to 25 years in prison.  Under this charge of mischief, a person is guilty when with the intent to damage property and having no right to due so nor the reasonable ground to deem himself/herself entitled to due so damages the property of another by use of an explosive.

Criminal Mischief in the Second Degree is a Class D felony, which can carry a prison term of up to 7 years and minimum of approximately 3 years. When an individual damages property of another exceeding the monetary value of $1,500, he/she is charged with Criminal Mischief at the level of second degree.

A person is charged with a count of Criminal Mischief in the Third Degree when he/she intentionally damages property of another, which exceeds the amount of $250 or breaks into the locked motor vehicle of someone with the intention of stealing property, and has been convicted 3 or more times within the previous 10 year period of criminal mischief in the fourth degree as defined by section 145.00 of the New York State Penal Law, criminal mischief in the third degree (section 145.05), criminal mischief in the second degree as in section 145.10 of the law, or criminal mischief in the first degree as defined in section 145.12.  Criminal Mischief in the Third degree is classified as a Class E felony and if convicted can face up to 4 years in prison.

Criminal Mischief in the Fourth Degree is a Class A misdemeanor with a jail sentence of up to one year. The following are come classifications of mischief under the fourth degree:

1)    Intentionally damaging property of another

2)    Deliberately partaking in the destruction of an abandoned building as per the Real Property Actions and Proceedings law section 1971

3)    Exceeding $250 in property damages of another

4)    Knowingly preventing someone from communicating an emergency request for assistance by disabling or removing telephonic, TTY, or similar communication equipment while that individual is attempting to (a) seek assistance from law enforcement, fire, or emergency medical services; or (b) seek or engage in emergency assistance from another person or entity as a means of protecting oneself or a third party from pending physical injury or danger.  An ownership interest in such equipment shall not constitute a defense to a charge of this subdivision.

If you or someone you know has been charged with a crime of Criminal Mischief in New York City, please call our law office, Joseph Potashnik & Associates PLLC, at (212) 577 – 6677 to obtain professional legal assistance.

According to Section 165.17 of the New York State Penal Code, an unlawful use of a credit card, debit card or public benefit card is when a person knowingly and intentionally use or display a revoked or cancelled credit card, debit card or public benefit card in the course of obtaining or attempting to obtain property or service.

While this specific situation may happen  to the best of us, even those who are on top of their account activities, it is only a crime if you knowingly use a cancelled or revoked credit card, debit card, or public benefit card. This offense is not as serious as the felony offense of possessing a stolen credit or debit card, but it is still punishable as a class A misdemeanor by up to one year of incarceration.

It is also important to note that an unlawful use of a credit card, debit card or public benefits card such as Medicaid card, may perpetrate other related offenses such as petit larceny and grand larceny, if the property or service purchased with the cancelled card is over a certain monetary amount.

If the revoked or cancelled credit card, debit card or public benefit card does not belong to the person using it, then additional offenses may also be added to the complaint, such as: criminal possession of stolen property, welfare fraud and other various fraud charges.

The consequences of unlawful of a credit card, debit card or public benefit card conviction can be extremely damaging. Our professional criminal defense attorneys have years of experience within this field and can help prevent your situation from escalating into paying steep criminal fines and/or imprisonment.

If you are currently being charged with unlawful use of a credit card, debit card or public benefit card in New York, then call our office at (212) 577-6677 to get professional legal assistance.

Money Laundering is a serious offense in New York, which is punishable as an E felony by up to one year of incarceration to a B felony by up to seven years of incarceration. According to the New York Penal Law Section 470.05 to 470.20, Money Laundering occurs when a person knowingly and intentionally conducts one or more financial transactions, or forms a relationship, which involves any form of property or benefit derived from criminal activity.

Money Laundering does not necessary mean that you have to actually move the criminal proceeds; the offense can also be recognized in certain tax evasion cases in which a person avoids any transaction reporting from the New York State Department of Taxation and Finance or the Internal Revenue Service (IRS).

The New York Penal Law provides a broad and flexible definition of the crime, which allows many New York State prosecutors to include and use to elevate penalties for other fraud offenses related to the scheme.

The New York Penal Law provides a monetary guideline to classify the crime: the higher the value of the property or proceeds involved in such financial transaction, the more serious the crime will be.

Defendants charged with a fraud offense may sometimes face money laundering charges as well.

If you are recently being investigated or charged for Money Laundering in New York, then call our office at (212) 577-6677 to get professional legal assistance.