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4brooklynlawyer.com » Criminal http://www.4brooklynlawyer.com Brooklyn lawyer | attorney Thu, 21 Apr 2011 18:06:44 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Criminal Law http://www.4brooklynlawyer.com/154/criminal-law http://www.4brooklynlawyer.com/154/criminal-law#comments Fri, 12 Feb 2010 06:33:08 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=154 When a client is charged with a crime we believe it is important that your criminal defense attorney to get started right away.  Many other attorneys passively wait to see the District Attorney’s approach, what the judge  will  say, what evidence there is against their client, or wait for the first court date which may be far away.  Conversely, as New York criminal defense attorneys we strongly believe we should begin working to defend you right away.

Explaining the Process and Charges

First we believe it is important to sit down with our client to explain the charges against them.  We break down the charges to ensure that clients understand exactly what they are being charged with, the elements that need to be proved to be convicted of each charge, and the minimum and maximum sentence of each charge. Additionally, we provide our clients with a “road map” of what to expect in the coming weeks or months whatever the case may be. Together you and your New York criminal defense attorney will discuss and put together a plan for your case.

Advocating for You

Most importantly we take the time to listen to our clients.  Although legal aid or the public defender are well intentioned and good attorneys they often cannot dedicate the time that a private attorney can dedicate to you and your case.  By listening closely to our clients we are able to fight for them and present their case to the district attorney, judge, and if need be, the jury.

Our criminal defense attorneys service Bronx, Manhattan, Queens, Brooklyn, Stanton Island, and Yonkers.

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Marijuana Possession New York http://www.4brooklynlawyer.com/214/marijuana-possession-new-york http://www.4brooklynlawyer.com/214/marijuana-possession-new-york#comments Mon, 05 Apr 2010 05:13:42 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=214 What is a summons for marijuana possession?

Generally, a pink summons for marijuana possession means that you must appear in court to hear the charges against you and enter a plea to those charges.

Is marijuana or marijuana possession a felony, a misdemeanor or violation?

In New York, marijuana possession can be charged as either 1. felony; 2. misdemeanor; 3. violation.  Jail can be  potentially imposed for all three levels of marijuana possession.

What are the consequences of marijuana possession?

No two cases are exactly alike.  The likely outcome and consequences will depend on the facts and circumstances of your particular case.  An experienced marijuana possession attorney can educate you to your rights and thoroughly explain the possible outcomes given your particular situation.

Why hire an attorney?

Marijuana possession is a drug charge which means it can potentially have serious consequences pertaining to your employment or even your immigration status.  The criminal court system can be confusing and an attorney can assist you in navigating through the system.

1. An attorney can explain the charges you are facing and possible sentences.  In addition, an experienced marijuana lawyer can explain what needs to be proved by the prosecutor in order to be convicted.

2. Generally, the District Attorney will not answer calls or discuss the case with a defendant.  They will only discuss the case with an attorney.  A New York marijuana possession attorney can assist you in negotiating with the prosecutor to secure the best possible negotiated plea.

3.  An experienced attorney is familiar with the criminal law and procedure allowing them to help you build a case in the event that you choose to take your case to trial.

]]> http://www.4brooklynlawyer.com/214/marijuana-possession-new-york/feed 0 New York City Summons http://www.4brooklynlawyer.com/334/new-york-city-summons http://www.4brooklynlawyer.com/334/new-york-city-summons#comments Tue, 09 Nov 2010 01:34:56 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=334 What are you being charged with when you receive a Summons?

In most cases a New York City Summons, normally a pink ticket, can be issued for offenses ranging from disorderly conduct and drinking alcohol from an open container in public, public urination to more serious offenses such as unlawful possession of marijuana. This ticket requires you to appear in criminal court on a specified date to answer for a criminal offense.

Am I being charged with a misdemeanor or a violation? What is the difference?

In my experience, you will initially be charged with a misdemeanor. However, in most cases your attorney should be able to negotiate this initial charge down to a violation and a fine or in the best case scenario have it dropped completely. Misdemeanors can carry jail time and will go on your criminal record. In contrast, violations are not crimes so they will not add to nor create a criminal record. In the end, with the help of a New York City Summons Attorney you are likely to end up with a violation or for the offense to be dropped.

How can this charge affect my future?

If you receive a New York City summons you might think that it is nothing more than a minor ticket and mistakenly ignore it, but as stated above you may initially be charged with a misdemeanor, a crime that could add to or result in a criminal record. As you may know a criminal record can impede your chances of obtaining student loans, affect your immigration status, it may negatively impact your ability to get or keep a job. Notably,  if you intend to or do possess a professional license of any kind such as a Doctor, Dentist, CPA, or even if you work in a school, pleading guilty to a summons could put your employment or prospective employment in jeopardy.

If you receive a New York City summons it is important to contact a New York City Summons Attorney who can help you resolve this problem quickly and in the best manner possible so as to protect your livelihood and future.

What if I can’t be in court that day?

The ONLY way to avoid going to court yourself it to hire a New York City Summons Attorney to appear for you.  We understand there are many reasons why you may not be able to appear in court, you might have to be at work, you might live outside of New York City or you might simply wish to avoid the anxiety and long wait times that often accompany a trip to court.  If you hire a New York City Summons Attorney, he or she can appear on your behalf to resolve the matter.

Do I have to hire a New York City Summons Attorney?

If you are a business and you receive a summons you MUST hire an attorney whether you are going to appear in court that day or not.

However, if you are personally given a pink ticket it is in your best interest to hire a New York City Summons attorney. An experienced New York City Summons Attorney can help you avoid potential pitfalls. Although it may appear to be a trivial problem, you want to get your New York City summons taken care of to avoid potential serious and unwanted legal consequences for you and your future.

What happens if I ignore a New York City summons?

It is imperative that you do not ignore a summons. If you receive a New York City summons and ignore it an arrest warrant will be issued for you. You can be arrested at any time or anywhere which can be a hassle, embarrassing and potentially costly. This warrant will show up if a potential employer runs a background check on you and can be  a major inconvenience if you try to travel by airplane. Therefore, it is extremely important to appear in court or alternatively for you to hire a New York City Summons Attorney to appear on your behalf.

]]> http://www.4brooklynlawyer.com/334/new-york-city-summons/feed 0 Reckless Driving http://www.4brooklynlawyer.com/347/reckless-driving http://www.4brooklynlawyer.com/347/reckless-driving#comments Mon, 07 Feb 2011 15:10:59 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=347 Is reckless driving a criminal charge?

Yes, reckless driving is a criminal charge in New York and is a very serious offense. Under the Vehicle and Traffic Law §1212, persons convicted of reckless driving are guilty of a misdemeanor.

Will I have to appear in court for a reckless driving ticket?

You will have to appear in court on a specified date to defend against the reckless driving charge. An attorney can appear with you and work to lessen the charge.

What are the consequences of a reckless driving ticket?

A reckless driving offense can severely impact your future in numerous ways. The offense alone can invoke penalties including possible jail time, fees, 5 points to your New York license, a permanent criminal record, possible license suspension, and a substantial increase in your insurance rates. In addition, a permanent criminal record will have a long term negative affect on your future employment opportunities.

Typically, a reckless driving charge comes in conjunction with another charge, such as speeding or running a red light. These additional charges quickly raise your points, other fees, and the possibility of license suspension.

Can an attorney help me?

An attorney can greatly aid in getting your life back to normal after a reckless driving ticket. In most cases, an attorney can negotiate the charges down, lessen the fees, decrease your points, and keep your insurance rates from increasing substantially. If there are any defects in the original ticket, a knowledgeable attorney can even get the charge dismissed.  In the case of reckless driving, an attorney can save you time and money.

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DUI http://www.4brooklynlawyer.com/14/dui http://www.4brooklynlawyer.com/14/dui#comments Thu, 17 Sep 2009 15:50:36 +0000 Brooklyn Lawyer http://4brooklynlawyer.com/?p=14 Being arrested for a DUI or DWI can be a stressful experience and an overwhelming legal process for you and your loved ones.  An arrest may disrupt your life, ruin your reputation, and result in many other negative consequences.  As a result of a conviction for a DUI or DWI you may be subject to large fines, significant court costs, and spend time in jail. In addition, a conviction for DUI or DWI may affect your employment applications and your driver’s license may be suspended or revoked.

A Brooklyn DUI/DWI attorney can help guide you through the legal process.  It is important to hire a Brooklyn DUI/DWI attorney who has effective communication skills to tell your side of the story and inform you as to your rights in a manner you can understand.  Having a Brooklyn DUI/DWI lawyer licensed in New York state is vital to ensure that your rights are protected.

A well thought out legal strategy may result in your case being dismissed or charges reduced.  You should take action and speak with a New York DUI/DWI attorney as soon as possible to guarantee there is adequate time to plan your most effective strategy in legal proceedings.

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Cigarette Tax http://www.4brooklynlawyer.com/251/cigarette-tax http://www.4brooklynlawyer.com/251/cigarette-tax#comments Thu, 15 Apr 2010 04:43:03 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=251 What is the New York Cigarette tax?

The New York City cigarette tax is $1.50 and the New York State cigarette tax is $2.75 for a combined tax of $4.25.

What is a Cigarette Tax Summons?

If you receive a summons you are likely being charged with either a misdemeanor or felony under New York Tax – Part 3 – § 1814 Cigarette and Tobacco Products Tax for cigarette tax evasion or fraud.  A summons is the pink ticket you receive from either the New York City Department of Finance and/or the New York State Department of Taxation and Finance.

Often times, sellers will receive a summons because the cigarette carton is not stamped by the Department of Finance and Taxation, or the stamp has been counterfeited.

What is the benefit of a cigarette tax attorney?

A cigarette tax lawyer understands the process when you are being charged with evading the cigarette tax or fraud.  The lawyer will be able to clearly explain to you your options so that you are not confused and will not make a mistake in handling your case.  If you have questions about your rights, a lawyer can provide the answers rather than you spending time and money trying to figure out the answer and then not knowing if your sources are reliable.

In addition, an attorney will use his knowledge and experience to handle your case in front of the judge and make the best argument possible to defend you.

Can I answer a summons without an attorney?

In New York corporations must hire an attorney when appearing in summons/criminal court.  Our New York cigarette tax attorneys have years of experience in dealing with the state and city tax authorities.

By having an attorney represent you in court you can keep your business running smoothly.  With an attorney appearing in court on your behalf, you and your employees can devote their time and energy to the business instead of sitting in court.

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Fare Evasion http://www.4brooklynlawyer.com/372/fare-evasion http://www.4brooklynlawyer.com/372/fare-evasion#comments Thu, 21 Apr 2011 17:59:52 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=372 If you are one of the more than 14,000 New Yorkers who have received a violation for alleged fare evasion on MTA Select Bus Service pleading guilty by mail and paying the $100 fine may not be your best option.  By paying the $100 ticket you are effectively pleading guilty to the charges against you and possibly opening yourself up to other collateral consequences.  Our New York criminal attorneys will advise you how to best proceed under your individual circumstances.

Our attorneys can appear for you in court if you were visiting NYC from out of town when you received the violation. If you are applying for immigration or citizenship status or in the process of being approved for a green card you should contact our law offices to best avoid potential problems with your application. If background checks are commonly conducted in your line of work we strongly suggest you call our law offices. Having an attorney appear for you in court will allow you to not miss a day of work.

Some violations are accompanied by charges of trespass. Other violators are charged with breaking the penal code. If tickets go unpaid you may face additional penalties and even a warrant could be issued for your arrest. Avoid the potential ramifications of the summons by calling our law offices and having one of our skilled lawyers advise you.

Your dispute will be handled by a qualified criminal defense lawyer whose knowledge of the system and the charges will allow him to take advantage of any legal means to resolve the dispute in your favor.

Fare Evasion

Our office handles NYC fare evasion cases on trains as well as buses.

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New York Public Urination http://www.4brooklynlawyer.com/138/new-york-public-urination http://www.4brooklynlawyer.com/138/new-york-public-urination#comments Sat, 09 Jan 2010 20:21:33 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=138 What is a summons for public urination?

Most often, if you are issued a summons for public urination in New York you are being charged with a misdemeanor. Generally, the charge can be dismissed in exchange for a plea to a violation and the payment of a fine.

What is difference between a misdemeanor and a violation?

In New York, there are three classification of crimes 1. felony, 2. misdemeanor, 3. violation.  A misdemeanor is an offense  punishable by up to 1 year in imprisonment.  A violation is an offense punishable by not more than 15 days imprisonment.

Will a public urination show up on my criminal record?

Generally, a conviction for a misdemeanor will become part of your criminal record.  Violations do not become a part of your criminal record.  However, see below for other possible negative consequences that should be considered.

What are the negative consequences for a urination in public?

Even where no criminal record results, a public urination may result in adverse consequences to your business or career.  In particular, those who hold professional licenses or aspire to hold professional licenses should be fully informed as to the possible ramifications of pubic urination.

Do I have to appear in court?

You will generally be issued a pink public urination ticket which provides you with a court date.  If you fail to appear in court a warrant will be issued for your arrest unless an attorney appears on your behalf.  This  is the only way to resolve the situation.  If you have already missed your court date, it is of the utmost importance that you contact an attorney immediately.

Why hire an attorney?

While public urination may seem like a minor charge, it has potentially serious consequences.  The criminal court system can be complex with many pitfalls for those not familiar with the system.  A public urination attorney understands the legal process and can explain to you all of your options and all the issues you should consider.

A public urination lawyer can assist you in appearing in court,  in negotiating with the prosecutor,  and in entering a negotiated plea.

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New York Police Brutality http://www.4brooklynlawyer.com/147/new-york-police-brutality http://www.4brooklynlawyer.com/147/new-york-police-brutality#comments Sat, 16 Jan 2010 21:06:01 +0000 Brooklyn Lawyer http://www.4brooklynlawyer.com/?p=147 Although the majority of police officers perform their duties properly, the reality is that many people are victims of police misconduct such as excessive force, false arrest, racial profiling, and harassment.  If your rights have been violated by the NYPD  you may file suit against the NYPD and the City of New York.

The purpose of filing a lawsuit against the NYPD for misconduct is to recover money damages in order to compensate you for your injury. Filing a suit  against the City and NYPD is different than reporting a complaint to the NYC civilian complaint review board (which serves to discipline the officers for misconduct).  Filing a suit for excessive force and related misconduct can be confusing, therefore a police brutality attorney who specializes in protecting your civil rights can help you file your suit and guide you through the process.

New York Wrongful Arrest

Wrongful arrest or false arrest is where someone is arrested or held in custody without probable cause.  When dealing with your criminal case, keep in mind that if you accept a plea or an ACD you lose the right to bring a false arrest claim.  A wrongful arrest claim can only be made if your criminal case results in an outright dismissal.

New York Excessive Force

If you have been unjustly injured or abused by the NYPD you should seriously consider a lawsuit.  The NYPD is only permitted to use reasonable force.  Excessive force is using more force than reasonable given the circumstances.  Your right to be free from excessive force exists no matter the result of your criminal case.  Thus, unlike a claim for false arrest you may make a claim for excessive force even where you accept a plea, ACD, or are found guilty.

When to File

In general, a notice of claim must be filed with the city within 90 days otherwise it is barred by the statute of limitations.  There are however exceptions which allow the time for filing to be extended.

The Process

Filing a suit against the City of New York and the NYPD is significantly different than most lawsuits.  First your attorney will file a notice of claim within the time limit as mentioned above.  Next your police brutality attorney will be notified of a hearing date.  Your attorney will accompany you to this hearing.   Generally, after the hearing a settlement offer will be extended.  Overall the entire process takes a couple of months.

Testifying

You attorney can provide you advice and guidance on testifying at your hearing.  In particular, a police brutality attorney can help you determine whether it is beneficial to testify if your criminal case is still open.

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