New York Criminal Lawyers Blog

As a New York criminal defense attorney, I have defended numerous drug and weapons cases in New York (including Manhattan, Bronx and Queens) and Westchester ( White Plains, Yonkers and New Rochelle). As a New York criminal defense lawyer, defending any drug or weapons case, almost always involves search and seizure issues.

The New York Supreme Court, First Appellate Department recently pronounced a decision which continued to strengthen street encounters between the police and criminal suspects. In People v. Reyes, the Court overturned the Manhattan Criminal Court's decision which denied a motion to suppress evidence.

The Appellate Court, held that the defendant's motion to suppress should have been granted because the officers lacked valid grounds to forcibly detain defendant on the street and then pursued him when he fled. The Court noted that in evaluating the propriety of the police action in attempting to seize a suspected criminal, the Court must consider whether it was justified at its inception and whether it was reasonably related to the circumstances leading to the encounter.

The Courts follow a four-level test for evaluating illegal search and seizure issues. These apply when the police find illegal contraband, including weapons and drugs in a street encounter that the police initiate. Level one permits a police officer to request information from an individual and merely requires that the request be supported by an objective, credible reason, not necessarily indicative of criminality; level two-the common-law right of inquiry-permits a somewhat greater intrusion, short of a forcible seizure, and requires a founded suspicion that criminal activity is afoot; level three, authorizing an officer to forcibly stop and detain an individual, requires a reasonable suspicion that the particular individual was involved in a felony or misdemeanor.

In Reyes, the Court recognized that flight alone, even if accompanied with equivocal circumstances that would justify a police request for information, does not establish reasonable suspicion of criminality and is not sufficient to justify pursuit, although it may give rise to reasonable suspicion if combined with other specific circumstances indicating the suspect's possible engagement in criminal activity.

Any New York Criminal Defense Attorney, who handles drug cases and weapons cases arising from street encounters in New York and Westchester, must carefully analyze whether there was reasonable suspicion that the accused had committed a misdemeanor or felony at the initial inception of the police encounter.

Michael Joseph is a criminal defense attorney with offices in New York (Manhattan) and Westchester (White Plains).

As a New York criminal defense lawyer, I have handled numerous felony cases which went into the grand jury. The decision on whether to put forward a case before the grand jury or preserve your case for trial is always a sensitive decision. Numerous factors must be considered.

As a Westchester criminal defense lawyer, I have won Assault cases and gun cases in the grand jury. The situation where clients tend to testify before the grand jury is when the client has a strong defense such as actual innocence, justification, self defense or alibi.

Usually, when clients elect to testify before a grand jury, there is usually some time pressure. For example, when clients are incarcerated and unable to make bail, the factors which weigh in favor of testifying before the grand jury outweight the risks of waiting for trial. Of course, when a client is fighting a charge while out on bail, this time pressure is not present.

The drawback in putting a client before the grand jury is that the attorney is not allowed to speak, object or otherwise participated in the proceeding except for advising the client. The Prosecutors will often do things which are improper, and ask improper questions which are aimed at unfairly prejudicing the client. Unfortunately, there is nothing the attorney can do during the proceeding. However, the Criminal Procedural law also gives a New York criminal lawyer, the right to move to dismiss the indictment if the proceeding was not done fairly.

While the lawyer cannot participate in the actual proceeding, the Criminal Procedure Law in New York, does give the defendant the right to testify and present evidence. That means, if there are witnesses that support the defendants' position, the defense can proffer them and actual evidence can be proffered by the witnesses in a grand jury. Early investigation to discover favorable witnesses and evidence is essential to successful grand jury presentation and practice.

As a New York criminal defense attorney, Michael Joseph has handled numerous drug cases. Many times where drugs are found in a vehicle or an apartment, the police may charge everyone present.

To establish constructive possession, the State must prove that the defendant knowingly exercised "dominion and control" over the property by a sufficient level of control over the area in which the contraband was found.Constructive possession may also can be demonstrated by a defendant's presence under a particular set of circumstances" from which a jury may infer possession.

Recently the First Department upheld a conviction where the Defendant was convicted of criminal possession of a controlled substance in the second degree after crack cocaine was found in a hidden compartment of a minivan that was driven, but not owned, by defendant. The Court held that the State proved possession because the defendant had actual possession of the vehicle and keys, and that he was the sole occupant and driver.

Continue reading "New York Criminal Possession Of A Controlled Substance- Constructive Possession" »

As a Westchester criminal defense lawyer who handles yonkers criminal cases, I have noticed that some of the local Westchester criminal courts, especially Yonkers have been refusing to set bail on felony cases.

The result is that many people who are arrested on felony charges have to sit in jail until their lawyers can get them produced in the Westchester Superior Court. Many criminal defense lawyers who don't regularly practice in Westchester have been unfamiliar with these new procedures.

On average it takes a day or two to have someone who is in remand status, (incarcerated without bail) on a felony transferred to the Westchester Superior Court. These cases can be transferred by making a phone call to the criminal clerk, who upon an oral request will put the case on for a bail hearing before the Westchester Superior Court.

It is imperative that Westchester criminal attorneys, call the Superior Court the same day if their clients are held without bail in Yonkers or another local criminal court. Otherwise the clients will spend time in jail for no reason.