New York Civil Rights And Criminal Defense Lawyers

Criminal Defense

Is an investigation for cybercrime coming your way?

The media often reports about cyber-attacks on well-known companies like Target or Netflix. However, small- and medium-sized businesses are not exempt from experiencing such crimes, which are often engineered by insiders. Is yours one of them? Hacking computers Breaking into a company’s computer system to access unauthorized data is a criminal act. Healthcare institutions are vulnerable because they do not have the kind of state-of-the-art operating systems needed to fend off cyber-attacks. A similar problem exists for government agencies, which have much sought-after information such as...

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Self-dealing

Self-dealing is a criminal act in New York as well as other states. It entails one person violating their fiduciary duty when carrying out a transaction on behalf of someone else, like a broker hearing about a customer order, placing his own trade to take advantage of it, and then placing the customer's trade after. What is self-dealing? There are many possible examples of self-dealing. Some are complex, like the broker example. Others are more straightforward. Taking out company funds for personal use or using company information for insider training are also examples of self-dealing. A...

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What is white-collar crime in New York?

Non-violent crime where the perpetrator is trying to scam people out of money is known as a white-collar crime. The term came about in the 1930s due to these financially motivated crimes being committed primarily by people who worked white-collar jobs such as bankers, insurance agents or any similar desk position that was seen as being respectable. What's an example of white-collar crime? White-collar crime usually involves scams or theft of large sums of money. Fraud is the most common type of white-collar crime. Fraud can be anything from an average email scam to filing taxes incorrectly....

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New York embezzlement laws

In the state of New York, the crime of embezzlement is considered to be a form of larceny and is covered by larceny statutes. The definition of larceny is the wrongful taking of another party’s property. Larceny is considered to be embezzlement when the person who takes the property was entrusted to hold the property for its rightful owner. Examples of embezzlement In legal terms, “property” could be physical property, money, computer data or something else of value. A typical example of embezzlement is the unlawful transfer of funds by an accountant. If a financial professional was...

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The next step after a loved one’s arrest

If your loved one has been arrested, you may be worried about his or her welfare and confused about what will happen next. You will likely find it difficult to obtain reliable information in the first hours after the arrest, and you may hear many unfamiliar terms about the process head. One of these terms is “arraignment.”  After an arrest, your loved one will be arraigned, which means he or she will face a judge for the first time. It is an important part of the criminal justice procedure and a time when the prosecution, the judge and your loved one’s attorney will make some important...

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Domestic violence charges can unhinge your world

If you and your spouse or partner are heading for a breakup, things are probably tense between you. In fact, they may be worse than tense. When relationships deteriorate, there are often loud arguments, threats and perhaps violence. Because the situation with your partner is especially volatile, you may be facing the risk or reality of domestic abuse charges.  Whether things got out of hand or your ex is using abuse allegations as a weapon against you, these accusations are nothing to shrug off. Charges of domestic abuse can place you in a difficult predicament, and you may not realize how...

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Do you have to use an ignition interlock after a DWI?

If you drink and drive, you could face severe consequences for this crime. For example, you may have to spend time in jail, pay a significant fine and perform community service. Another consequence of drinking and driving in New York is the requirement to use an ignition interlock device. According to the New York Department of Motor Vehicles, all drivers convicted of DWI have to use and maintain an IID in any vehicle they use or own for 12 months after the conviction. The law in New York After a drinking and driving conviction, you must pay for the use and maintenance of the IID in your car...

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How do police gather evidence against me?

When New York police arrive at the scene of a crime where no suspect is in sight, they must begin an intense and detailed investigation to find and gather clues and evidence that will lead them to the perpetrator. If that evidence led police to your door, you have a right to be concerned about what may happen next. Additionally, you should know that the methods investigators use to collect and process the evidence against you may provide the building blocks for your criminal defense strategy.  Law enforcement must carefully follow the rules for collecting evidence, interviewing witnesses and...

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There are exceptions to hearsay, but what are they?

If your criminal case goes to trial, your attorney and the opposing counsel will have to gather evidence to support their respective cases. The law has strict rules regarding what types of information the courts can allow as evidence. One type of information that constantly toes the line between admissible and inadmissible is hearsay. Hearsay refers to out-of-court, second-hand statements that either party tries to use as evidence in court to prove the truth of the matter. Though hearsay commonly takes the form of verbal statements, it can also manifest as body language or written documents....

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What is insurance fraud and when does it become a felony?

New York Penal Code Section 176 deals with insurance fraud. For example, health insurance fraud is significant and a headache to the government. However, people run afoul of all kinds of laws, sometimes inadvertently, and in terms of insurance fraud, a felony is more prevalent than a misdemeanor. About insurance fraud According to New York Penal Code Section 176, someone can commit a fraudulent insurance act if he or she knowingly presents to an insurer—or presents by an insurer—a written statement pertaining to a commercial or health insurance policy that contains materially false...

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