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NYC Weapon & Imitation Pistol Crimes: Understand the Administrative Code and "Reasonably Perceived" Language

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Not all of New York's weapon crimes are located or found in the New York Penal Law. Certainly, a review of Article 265 of the New York Penal Law will reveal the most serious gun and firearm crimes such as Criminal Possession of a Weapon in the Second Degree (New York Penal Law 265.03) and the "gravity knife crime" of Fourth Degree Criminal Possession of a Weapon (New York Penal Law 265.01), but the New York Administrative Code houses many other weapon offenses. Once such misdemeanor crime, an offense that will leave you with a permanent criminal record upon conviction, is AC 10.131(g)(1). According to AC 10.131(g)(1), you are guilty of Unlawful Sale, Possession, or Use of an Imitation Pistol when if and when you "sell(s) or offers to sell, possess or use or attempt to use or give away, any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm." This crime carries a possible and potential sentence of up to one year in jail on the world class, Starwood resort of Rikers Island. This blog entry will assess and briefly address the crime of AC 10.131(g)(1) in the context of possessing an imitation pistol. In People v. Ronald Johnson, 2012BX068528, NYLJ 1202591137115, at *1 (Crim., BX, Decided February 19, 2013), an officer from the New York City Police Department in possession of a "black power drill." The officer observed the "weapon" in the defendant's waistband. According to the complaint, the officer stated that "said power drill resembled a real .9mm semi-automatic pistol, in that, it was all black in color, and the barrel was not closed with any material." Attacking the sufficiency or legal ground of the complaint, the defendant stated the obvious. That is, if the officer recognizes the "imitation pistol" as a power drill, then it certainly is not a toy firearm or an imitation firearm. Despite the above argument, the court zeroed in on the language of the statute that an imitation pistol is one that can "reasonably be perceived to be an actual firearm." Even though the alleged imitation firearm was known to be a drill, could it be reasonably perceived to be a gun? The court further stated that "[t]his issue is a matter of fact, best left to the trier of fact, regarding whether "the item in question 'substantially duplicate(d) or (could) reasonably (have been) perceived to be an actual firearm' especially from the point of view of an observer with no opportunity to examine it more closely." See, In re Timothy L., 29 AD3d 492, 493, 815 NYS2d 550 (1st Dept, 2006) (citation omitted). Although the court denied dismissal and found that the information was legally sufficient, the court also recognized that a fact finder would make the ultimate decision as to whether the prosecution would prove this case beyond a reasonable doubt. Was the case legally acceptable? Yes. Would a judge or jury who determined facts agree? That would have to wait to be seen. Regardless of the outcome in this case, there is a message that any defendant or would be weapon carrier must recognize. Prosecutors and District Attorneys in each county of New York City and beyond take weapon crimes seriously. An arrest for violating any degree of Criminal Possession of a Weapon or similar offense can result in not merely a criminal record, but a stint in "lockup." Educate yourself on the laws of New York. Remember, what may be legal in one state may not be legal here. To learn more about New York weapon crimes, follow any of the links above or go to the blogs and websites below where you will find extensive information, case law and statutes. A New York criminal defense firm that represents clients in firearm, gun, knife and other weapon investigations, arrests and trials, the founding New York criminal lawyers at Crotty Saland PC served as prosecutors in the Manhattan District Attorney's Office prior to establishing the criminal defense practice.

I recived a restraining order and never faught it

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My ex-finacee and I had a horrible breakup. He put a restraining order on me, as I did him.  I didn’t pursue mine,but he did.  I went to court once, but then decided that I was just done with everything [...]

Bell City Officials Found Guilty in Embezzlement Case

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Los Angeles - Five former city of Bell officials were found guilty this past week at the Downtown Los Angeles Criminal Courts Building on white collar criminal charges, including, embezzlement and theft. The City of Bell is located about ten...

You're Allowed to Question a Witness About the Fact that He's a Liar

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  In the case of the United States versus Jorge Cedeno, the trial judge prevented Cedeno’s lawyer from questioning a detective about the fact that he had lied (and been caught lying) in a prior court proceeding in an unrelated case.    The trial judge prevented such questioning after considering:   1.    Whether the prior judicial finding addressed the detective’s honesty in that specific case or generally; and   2.    Whether the two sets of testimony involved a similar subject.   The court of appeals disagreed with the trial judge, however, concluding that he should have also considered such things as:   Whether the lie was under oath in a judicial proceeding or was made in a less formal setting;   Whether the lie was about a matter that was important or trivial;    How much time had gone by since the lie was told;   Whether there had been any intervening credibility determination regarding the witness;   The apparent motive for the lie and whether a similar motive existed in the current proceeding; and   Whether the witness offered an explanation for the lie and, if so, whether his explanation was plausible.

Washington State Police Officers Training Dogs to Ignore Marijuana

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As a small number of states begin legalizing marijuana possession, police department have had to take creative measures to adjust their drug enforcement tactics. One interesting change in Washington state, for example, is that police officers are now training drug-sniffing dogs to ignore marijuana, according to a report from Fox News. Sources say Washington passed [...]

“Criminal” Magician of Convenience

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On February 3, 2006, I was contacted by a Fresno PD officer, while I was preparing to go out of town on a Super Bowl weekend junket.  When informed that he was at my apartment with a search warrant, I [...]

What You Need To Know About DUI Conviction and DUI Plea Bargain

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What You Need To Know About DUI Conviction and DUI Plea Bargain DUI ConvictionA DUI conviction results from charges of driving under influence. Alcohol is not the only substance that can result in a DUI conviction. Driving while intoxicated by chemical substances can be considered illegal as well. This can include both legal and illegal drugs. Test results usually weigh heavily in such cases. Although limits are not generally specified for chemical substances, there are tests that can confirm their presence in a person’s system.A DUI conviction carries numerous consequences. Penalties are different in every state, but generally, there is a risk of incarceration and probation for a 1st offense and mandatory incarceration for multiple convictions. Fines and the payment of court costs are commonly ordered. It is also likely that a DUI conviction will result in some period of driver’s license suspension.Every driver arrested on suspicion of DUI / DWI faces an important decision: to take the case to trial or accept a plea bargain. DUI Plea BargainDUI plea bargain is an agreement between a defendant and a prosecutor in a DUI case in which the prosecution agrees to reduce charges or to negotiate a reduced sentence in exchange for a guilty plea. Plea bargain for any type of criminal case should always be discussed with criminal defense attorney to determine whether the deal offered in fact in your favor.Plea Bargain Prosecution PointTrying to negotiate a plea bargain if the case is less than ideal. Get a conviction and/or close the case quickly.Plea Bargain Defense PointThe advantage of accepting a DUI plea bargain is that there is a known outcome. Going to trial may result in a harsher sentence or conviction with more serious terms. The best possible plea bargain occurs when drinking and driving charges are reduced to traffic violations. The driver pleads guilty to an infraction such as speeding or making an unsafe lane change, and the DUI / DWI charge is dropped. Can You Plead to a Lesser Offense Than DUI in Florida?In some circumstances, a plea bargain of "wet reckless" might be accepted by the prosecution in Florida. A "wet reckless," or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the "wet reckless" is usually considered a prior drunk driving conviction; the resulting sentence can be what's required for a second DUI/DWI conviction (source) West Palm Beach DUI/DWI AttorneyThe most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. We will also represent you at your hearing before the Florida Department of Motor Vehicles in order to protect your right to drive.In addition to DUI/DWI charges, we represent clients in DUI accident cases, including:Leaving the scene of accident with severe bodily injuryDUI/DWI severe bodily injuryDUI/DWI homicideDUI/DWI manslaughter There are defenses in DUI accident cases, which an experienced and capable lawyer can use. Even if you made a statement to police during your arrest, our lawyers can usually get that evidence thrown out of court. Any statement you give officers cannot be used against you due to the Florida accident report privilege.Protecting your right to driveUnless your request a DMV hearing within 10 days of arrest, you will lose your driver's license. Even if your license is revoked, we can apply for a hardship license, which is usually immediately granted to you. We have never had a hardship license denied to one of our clients.Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly

Gun chearges in Philadelphia

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i was pulled over in a corvette in 1996, i informed the police officers that i had a 9mm hand gun dissasembeled in the car, so they look inside and pulled out a 9mm jennings from the trunk and a [...]

Thursday Night Open Thread

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I've been spending all my free time and then some tinkering with my new creation. It should be ready in a few days, hopefully over the weekend. I'm also going to check into having a... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Fifteen Latin King and Blood Gang Members Arrested in Massachusetts on Gun and Drug Charges

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A lengthy investigation into Revere Blood gang activities led to the arrest of fifteen men from various parts of Massachusetts including Revere, Lynn and New Bedford. It is alleged that various gang members were involved in gun and drug sales...

Developer, Attorney, Among 5 Charged with Defrauding Lenders

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Brandon L. Barber, 37, New York, New York, and four other men were charged with federal crimes stemming from schemes to defraud involving several Northwest Arkansas real estate transactions and Barber's bankruptcy case.

Men Sentenced for Filing False Liens Against Prosecutor and FBI Agents' Properties

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Ronald Wesley Groves, 71, Sacramento, California, was sentenced to 10 years in prison and Donald Charles Mann, 56, Sacramento, was sentenced to 17 years and six months in prison for retaliating against a prosecutor and FBI agents.

A BOSTON CRIMINAL DEFENSE LAWYER DISCUSSES THE TOP TEN AREAS TO QUESTION WHEN HIRING A CRIMINAL DEFENSE ATTORNEY (PART TWO)

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Yesterday, I began the first of this two-part Attorney Sam’s Take. Much of what is suggested has been discussed before in earlier Boston Criminal Lawyer Blog posts. However, I am hoping that the message is made even clearer when put forth in this way. There are some decision into which you are rushed which can affect the rest of your life. This is one of them. However, before you start envisioning the proverbial gun to your head, understand a few things. First of all, the decision does not have to be final. If you have begun the case with an attorney who greeted you at arraignment or someone you picked up along the way, if you have lost faith in that attorney, you can probably switch. There are limitations to this, of course. For example, if your case is about to go to trial, the court may not allow you the time needed for your new attorney to catch up to speed. Also, if your attorney has been appointed by the court and he is the third such attorney you wish to fire, the court might decide that you are simply being too difficult and not allow you yet another court appointed attorney. However, you can always either hire your own lawyer or represent yourself. The latter…although it is your right…is a bad idea. That said, my list continues: **** 6 Does The Lawyer Have Experience In The Type Of Allegations Of Which You Are Being Investigated Or Accused? Many long-time criminal defense attorneys have handled most types of criminal matters. But you cannot assume that they have. You have to ask. For example, there are some defense attorneys who only focus on one type of crime. They might be brilliant in handling drunk driving cases. However, would you want to take a chance on how they are going to do in representing you for drug trafficking or murder? How about if you are being investigated and the result of that investigation can change your life? I didn’t think so. 7. Has The Attorney Brought Any Cases To Trial? Most criminal cases, like civil cases, end up in a negotiated disposition. In other words, an agreement is reached (known as a “plea bargain”) prior to the matter going to trial. That is not, however, always the case. Particularly if you are not guilty. Furthermore, even if your case does end prior to trial, trial experience is important to not only determine the chances of a favorable outcome should there be a trial, but will also put you in a better position to bargain. You do not want to be in the position that you feel you have no choice but to “plead out” because your attorney is not prepared as a trial lawyer. 8. How Often Does The Lawyer Actually Go To Court? How Experienced Is He/She In Motions Practice? Criminal cases do not end overnight. The road to their resolution is just as important as the trial or plea date on which the case ends. How the matter is handled during your trip down that road is critical in both evaluating the case and bringing it to a successful conclusion. There are usually a number of motions that should be brought on your behalf long before any trial date. The most important such motions are motions for discovery, suppression of evidence and dismissal of the case. Not all of these motions, of course, are appropriate in every single case. You need experienced counsel to be able to ascertain the propriety of, draft and argue the motions. A lawyer with little experience or who tries to manage the case from his or her favorite armchair in the office is not likely to be your best bet when it comes to this part of the case. You want a lawyer who is comfortable and confident when it comes to being in court and fighting for your rights. This usually means someone who is used to being there and doing this on a very regular basis.

Distracted Driving to Blame? Sixth Driver Crashes into Somerville 7-Eleven

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NHTSA distracted drivingWhy do people keep crashing into the Somerville 7-Eleven? It’s the equivalent of a bird smacking into a reflective windowpane repeatedly. For the sixth time, according to NJ.com, someone has literally driven their vehicle through the front door of the 7-Eleven on Mercer Street in the South Jersey town. No, there isn’t a drive thru. [...]

Fox’s Bill O’Reilly in Custody Battle

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Funny how Bill O’Reilly’s divorce in 2011 didn’t make national headlines, particularly when every B list actor/actress/model/athlete/musician/singer’s divorce is splayed across the headlines in every newspaper, blog, and gossip rag. While the divorce may have been low-profile, website Gawker released a story this week that is not likely to go unnoticed. Gawker reports that Mr. [...]

Fatal Malibu DUI Disaster: Woman Kills Tow Truck Driver and Leaves the Scene…

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A woman faces felony hit and run charges for a fatal Malibu DUI crash that took the life of 40-year old tow truck driver.PCH-DUI-in-malibu.jpg According to local reports from KABC, the woman hit the driver, who was rendering aid to a stranded vehicle. She then fled the scene. She made it two miles before she smashed into a parked car by the Malibu pier. Police took her to the hospital, and they later arrested her for DUI in Malibu as well as felony hit and run. The tow truck driver died at the scene. He had been working for Platinum Tow, a company based in Westlake Village. Police closed the PCH all night to deal with the aftermath of the accident. They reopened it around 5 a.m. the next morning. If you or someone you love was recently arrested for similar crime -- e.g. driving under the influence in Malibu or DUI elsewhere in Los Angeles -- hopefully your situation was less tragic. But even if you “only” face a misdemeanor DUI charge, you can still wind up with a substantial jail sentence as well as strict probation terms, mandatory alcohol education classes, a long-term California driver’s license suspension, fines and fees and court costs, and sundry other punishments. On top of that, you could also face the indirect consequences of these punishments, including jacked up insurance rates, trouble getting to work or school, ostracism and judgment from friends and family, and on and on. And obviously your legal challenges can be much harder if you left the scene of the accident (committed a hit and run) or hurt someone in the crash. For instance, you might face a felony DUI in Malibu charge, pursuant to California Vehicle Code Section 23153. (Misdemeanor events are generally pursued according to a separate CVC statute, 23152.) So where does this leave you? First of all, take a break and give yourself a little compassion. You’ve been through a tremendous amount of pain and stress. You obviously didn’t want to get in trouble or to hurt anyone. Even if you were involved in a serious wreck, you can begin today to set yourself on a path towards rehabilitation and cleaning up your life. The team here at the Kraut Law Group can help you make decisive, smart, and strategic plans to build your Malibu DUI defense. Attorney Kraut is a former city prosecutor, who spent 14-plus years in the DA’s office and who rose to the position of Senior Deputy District Attorney. He is renowned in the Southern California legal community for his excellent work, aggressive service, and ethical, thorough treatment of cases.

WARRANT CLEARED IN LESS THAN 24 HOURS

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KB, a 34 year old army wife living in KY, went to renew her driver's license in KY but was denied because her right to drive was suspended in Massachusetts because she had defaulted in a criminal case in Peabody District Court back in 2008. On Monday, March 18, 2013 KB wired a retainer to Attorney Robert Lewin. On Tuesday, March 19, 2013 Attorney Lewin appeared in Peabody District Court for KB. The default was removed, the warrant was cancelled, Attorney Lewin paid $200 in court costs from funds that KB had wired, and the case was dismissed. The following day KB paid a small reinstatement fee to the Registry of Motor Vehicles online and her driving privileges were reinstated. KB had been fretting over this case for five years. In one day it was resolved and she never had to leave her home in Kentucky. Attorney Robert Lewin has been practicing criminal defense law since 1975 (38 years) and has a remarkable record of success in clearing old warrants.

Can two people in a car be charged with drug possession?

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Free legal answers from attorneys - My son and his good friend were driving home from a visit to his older brother's campus. He will be going to college i

What Should I Do If I Am Accused Of Money Laundering?

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Often, investigations of narcotics or contraband conspiracies go hand-in-hand with investigation of money laundering schemes; wherever there are illegal profits being made, there is a corresponding need to disguise or hide these profits.  Investigations of international money laundering schemes are frequently wide ranging and, in cooperation with foreign authorities, are able to reach participants located [...]

Possible Change In Pennsylvania That Would Allow Expungement For More People

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Many people that were once ineligible for expungement in Pennsylvania may possibly be eligible in the future.  State Senator Tim Solobay recently reintroduced a bill, Senate Bill 391, to allow individuals who have misdemeanors of the 2nd and 3rd degree [...]
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