New York Criminal Lawyer Blog

Published on: March 8, 2015

Manhattan Medicaid & Welfare Fraud

by Stephen Bilkis

The pervasiveness of insurance fraud drives up costs for all consumers and costs the insurance industry billions of dollars each year. One authority estimates that the annual value of insurance fraud approaches $80 billion. Detecting insurance fraud is difficult because of the surreptitious nature by which the criminal perpetrates the fraud.

Depending on the specific issues involved, an alleged wrongful act may be handled as an administrative action or law enforcement may handle it as a criminal matter.

Published on: March 7, 2015

DA Announces Bust of East End Heroin Ring

by Stephen Bilkis

No Pre-Summer Party in the Hamptons: DA Announces Bust of East End Heroin Ring

Drug dealing or drug sales charges are criminal charges for the sale or attempted sale of any type of illegal controlled substance, such as marijuana, cocaine, heroin, or meth. State laws sometimes refer to drug selling as “possession with the intent to distribute.” Drug dealing or selling is more limited than drug trafficking, which includes any part in the chain of the making, transporting, and selling of drugs.

Generally, the penalties for drug dealing are determined by the type of drug sold, the amount of the drug that was sold, and the number of prior offenses of the defendant, if any. In some cases, even if a person didn’t intend to sell drugs, they will be presumed to be selling if they have over a certain amount of the drug in their possession.

Published on: March 7, 2015

Leandra’s Law Is Official

by Stephen Bilkis

Leandra’s Law Is Official: New York VTL 1192.2-a(b) / VTL 1192(2a)(b) Makes it a Felony to Drive Drunk (DWI / DUI) with a Child 15 Years Old or Younger

Leandra’s Law was signed into law on November 18, 2009 in honor of Leandra Rosado. Leandra was an 11-year old killed while she rode in a vehicle with the intoxicated mother of one of her friends. In response to this tragedy, the NYS Legislature made several changes to the Vehicle and Traffic Law (VTL). The law strengthened the criminal penalties against motorists who drink and drive, and requires that any person sentenced for Driving While Intoxicated on or after August 15, 2010 must have an ignition interlock device installed on any vehicle they own or operate the driver will have an “ignition interlock” restriction added to their driver license

The law established a new Class E Felony. The law states that no person shall operate a motor vehicle under the influence of alcohol or drugs while a child who is 15 years of age or younger is a passenger in the vehicle.

Published on: March 5, 2015

Leandra’s Law a Reality

by Stephen Bilkis

Current Misdemeanor DWI to Become Criminal Felony if Child in Vehicle

There are a couple of factors that determine the severity of the charge against you. For one, the law considers the number of DWI offenses you’ve actually been convicted or plead guilty to. First offenses are not treated nearly as harshly as subsequent offenses and the penalties get much worse each time you break this law.

Under the New York Penal Law, operating a motor vehicle while under the influence of alcohol or drugs. 1. Driving while ability impaired. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol. 2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article. 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. (Leandra’s Law) 3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

Published on: March 3, 2015

Florida to New York Firearm Trafficking Ring Disarmed

by Stephen Bilkis

Florida to New York Firearm Trafficking Ring Disarmed: Brooklyn DA Announces Arrest and 105 Count Indictment

The Brooklyn District Attorney’s Office has announced that along with the 105 count indictment against defendants for Criminal Possession of a Weapon and Criminal Sale of a Firearm, the NYPD has taken 56 guns off the streets of New York.

According to the Brooklyn District Attorney’s Office: “The indictment includes charges for the sale or possession of 46 guns – including 28 semiautomatic pistols, six revolvers, three assault rifles, four sawed-off shotguns, and five rifles – to undercover detectives. On four occasions, detectives purchased a total of 40 guns. A fifth sale was arranged, but instead of carrying it out, officers raided the defendant’s Brooklyn safe house and 2 confiscated six additional guns. Through the investigation, ten additional guns were taken off the streets.”

Published on: March 1, 2015

Bank of New York Melon Computer Tech Indicted

by Stephen Bilkis

Bank of New York Melon Computer Tech Indicted for Identity Theft of 150 Employees and $1 Million Fraud

Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain.

Unlike a robbery or burglary, identity theft often occurs without the victim’s knowledge. Most identity theft victims only find out after they see strange charges on their credit card statements or apply for a loan. While prevention is always the best policy, sometimes personal information is exposed through security breaches at banks or companies with which you do business. Thus, criminal identity theft can happen to even well-prepared consumers.

Published on: February 27, 2015

H and H Bagels Owner Arrested

by Stephen Bilkis

Bagel Man Hides the Dough: H and H Bagels Owner Arrested for General Tax and Unemployment Insurance Tax Fraud

Insurance fraud occurs most often when an insured individual or entity makes a false or exaggerated insurance claim, seeking compensation for injuries or losses that were not actually suffered. Insurance fraud can also be committed upon customers, through 1) the sale of unlicensed or bogus insurance coverage to unsuspecting clients, or 2) an insurance broker or agent’s diversion or theft of insurance premiums paid by clients.

Insurance fraud refers to any duplicitous act performed with the intent to obtain an improper payment from an insurer. Insurance fraud is committed by individuals from all walks of life. Law enforcement officials have prosecuted doctors, lawyers, chiropractors, car salesmen, insurance agents and people in positions of trust. Anyone who seeks to benefit from insurance through making inflated or false claims of loss or injury can be prosecuted. The pervasiveness of insurance fraud drives up costs for all consumers and costs the insurance industry billions of dollars each year. One authority estimates that the annual value of insurance fraud approaches $80 billion. Detecting insurance fraud is difficult because of the surreptitious nature by which the criminal perpetrates the fraud.

Published on: February 24, 2015

Your Right to Remain Silent

by Stephen Bilkis

Under the law, the Miranda warning, also referred to as Miranda rights or Miranda rule, is a right to silence warning given by police in the United States to criminal suspects in police custody or in a custodial interrogation before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.

Miranda Rights were created in 1966 as a result of the United States Supreme Court case of Miranda v. Arizona. The Miranda warning is intended to protect the suspect’s Fifth Amendment right to refuse to answer self-incriminating questions.

It is important to note that Miranda rights do not go into effect until after an arrest is made. The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time. The answers to these questions are admissible in court.

Published on: February 23, 2015

Grand Larceny in the Fourth Degree – NY Penal Law 155.30(5)

by Stephen Bilkis

When a Simple Petit Larceny or Petty Theft Becomes a Felony Grand Larceny in New York:

The laws governing larceny will usually contain sentencing options, either a list of possible sentences or a range of years, as well as fines or other alternative sentences. Judges can determine the appropriate sentence by examining the facts of the case and choosing the best penalty that falls within the bounds of the statute.

In a larceny case, the type of larceny will also greatly influence the severity of the sentence. Grand larcenies carry much longer sentences than do petit (or “petty”) larcenies. Some states also impose different sentences based on the type of item that the defendant stole.

Published on: February 21, 2015

A New York Criminal Defense Overview

by Stephen Bilkis

Unlawful Imprisonment in the First (NY Penal Law 135.10) and Second (NY Penal Law 135.05) Degrees:

False imprisonment is the unlawful restraint of a person against her will by someone without legal authority or justification. For example, an armed bank robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Since they know they might be killed if they try to leave, they are being held against their will. The captive bank customers may be able to claim damages, and the bank robber may be charged with the crime of false imprisonment. Even the police may be charged with false imprisonment if they exceed their authority such as detaining someone without justification.

It often takes the trained criminal eye of a New York criminal defense attorney or lawyer to locate and assess the nuances between similar statutes. Deciphering the language between similar statutes could mean the difference between facing a misdemeanor or a violent felony. One example of this found in statutes relating to Kidnapping and Unlawful Imprisonment. Although each of these statutes have their own unique language, at a basic level the difference between Kidnapping (NY Penal Law 135.20 and 125.25) and Unlawful Imprisonment (NY Penal Law 135.05 and 135.10) hinges on two key words defined by statute and interpreted by case law. Those key words are “restrain” and “abduct.” Today’s entry will address the general definitions applicable to Kidnapping and Unlawful Imprisonment. Additionally, I will give an overview of the crimes of Unlawful Imprisonment in the First and Second Degrees. At a later date I will analyze the Kidnapping statute under New York State law.