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What may happen by issuing a bad check in New York can depend on a lot of factors. Issuing a bad check can result in you charges of violating New York Penal Law 109.05. That is a class B misdemeanor. If convicted, you can receive a sentence of up to 90 days of incarceration and have to pay a fine. You can also lose a professional license which can implicate your livelihood even if your employer would not choose to terminate you. As such, although “just” a misdemeanor, you will want to address it immediately if you receive notice of charges against you. The state must prove certain elements Typically, a court may find you guilty of this charge if the state proves that you gave a check to someone while knowing that you did not have sufficient funds to cover it. You have to have had a belief, when you passed the check, that when the person you gave it to goes to cash or deposit it, that it will bounce and the bank will refuse it. That check then has to, in fact, bounce. Assumptions against you The court will generally assume, and legally can, that if you had insufficient funds in your account, that you knew about it. Also, if you wrote a check on an account that simply did not exist, the assumption is that you intended to commit this crime. Defenses to affirmatively plead in your answer There are a few defenses, however, that you must affirmatively plead to get the benefit of. For instance, if you made good on the check within 10 days after the bank decline it due to lack of funds, you may have a defense. Also, if you wrote the check on behalf of an employer, with signing authority, and were to receive no benefit yourself for passing the check and were only following orders, you may use that as an affirmative defense.

At one time, automobile theft was a common problem, especially in thriving cities such as New York. Today, cases of auto theft may not be as prominent as in years past, but the consequences are harsher than ever before. Although trends in crime are veering away from car theft in some places, there are a number of vehicles that nevertheless have higher chances of being stolen. What other factors play into the crime of larceny in big cities? An article in The New York Times weighs in on the gradual decrease in car theft in New York City, pointing out the drastic drop in theft over the years: the city had 147,000 auto theft reports in 1990, and only 7,400 in 2012. The most evident reason for this decline is the advancement of technology in vehicles–for example, engine immobilizer systems adopted in the late 1990s and early 2000s allows cars to start only with an ignition key. This key is microchipped by the dealer to align only with the car. This advancement alone could account for why so many criminals choose older cars to steal; newer technology simply takes more time to understand and manipulate. Yet the Times also considers the decreasing worth of older cars; why would thieves go after them in the first place? A loophole in New York law allows cars to be sold for parts without a title if it is over eight years old, but even that approach has become harder to carry out over recent years. New York’s trend in auto theft may appear on the decline, but what cars are the most highly prized for thieves? According to Pix 11 News, the Honda Accord and Civic remain at the top of the list for most-stolen cars, and although the crime is not as concerning as in the past, it is still a common issue. As aforementioned, newer models have a smaller chance of being stolen. The National Insurance Crime Bureau, however, is not fooled, as Pix shares the Bureau’s data that car theft has seen an increase over the last two years. Some of the most-stolen newer vehicles include the 2016 Toyota Camry and the 2015 Nissan Altima. The unpredictability of larceny in New York can place many drivers on edge, but the common consensus seems to be that older models remain the hot commodity.

In the midst of the uproar surrounding what is now known as the “Harvey Weinstein effect,” the definition of sexual assault has taken on a myriad of meanings. At the end of the day, however, one of the most important factors in such cases is that of proper investigation. It is true that countless powerful figures, including many in New York, have faced accusations of sexual assault. But what are Americans to make of this complex issue? When an overwhelming number of men and women came forward with personal accounts after the initial revealing of Harvey Weinstein’s crimes, the ways the country looked at sexual assault altogether shifted in a way it never had before. The New York Times acknowledges this change in attitudes in the ways people address sexual assault, adding that with this unfortunate news comes opportunity for social change. Yet this serious problem follows a decades-long battle on assault nationwide, including the issue of sexual misconduct on college campuses. Will the Weinstein effect help colleges better prepare in cases of assault? The Times points out that, while the number of students who have come forward with accounts have been on the rise, the number of those who make official reports of these accounts has remained scarce. Perhaps it is the wide range of definitions for sexual assault that discourages victims from coming forward in the first place. Findlaw clarifies New York assault laws and mentions the many routes sexual assault cases can take. For example, the broad term “sexual abuse” encompasses the subjecting of another person to sexual contact without that person’s consent. It is important to note that New York deems all aggravated sexual assault offenses as felonies. Despite the controversy that sparked with Weinstein’s exposure, all American citizens deserve a fair investigation. When it comes to defenses of sexual assault allegations, defendants may seek legal protection to ensure security in personal reputation, profession and other areas of life.

If you are a diabetic, you have a chance of receiving a driving while intoxicated (DWI) charge simply due to having low blood glucose levels. The main reason for this is that the symptoms of low blood glucose are similar to someone who is under the influence of alcohol. These similarities can cause law enforcement officers to issue a false DWI. If your blood glucose levels drop, you could start experiencing dizziness, slurred speech, confusion and multiple other symptoms that might cause a police officer to think you have been drinking. Participating in field sobriety tests may cause an officer to believe his or her suspicions are justified. A breathalyzer test can give a false positive You might think that by taking a breathalyzer test, it will become obvious that you have not been drinking. Unfortunately, breathalyzer tests are not 100 percent accurate. Furthermore, most only detect the presence of any chemical compound that belongs to the “methyl group.” This means that the overproduction of acetone, an effect of hyperglycemia will trigger a positive result on a breathalyzer. In other words, the breathalyzer will mistake the compound for alcohol. Hypoglycemia can contribute to accidents Due to the symptoms you can experience when blood glucose is low, hypoglycemia can lead to car accidents that result in personal injuries and property damage. However, this does not mean that false DWI charges are warranted. Even an individual who is not diabetic can suffer from an abnormal drop in blood glucose levels and this can cause an officer to issue a false DWI. For example, if an individual is following a low-carbohydrate diet and consumes only a very small amount of alcohol, then fasting glycemia can occur and bring on symptoms that are similar to intoxication. The conviction of a person who received a false DWI is a very serious matter and can have life-altering effects. If you have been charged with a false DWI, it is important to remember that you have the right to fight back against the charges.

Domestic violence is no light matter, regardless of where the abuse takes place. A new type of this behavior has become prominent in recent years, and involves online methods of stalking individuals in a domestic setting. Cyberstalking can open the door for a multitude of issues, especially given the wide range of social media platforms offered today. There may be many grey areas when it comes to this type of violence, but New York makes clear that the consequences can be both severe and lasting for all of those involved. An incident that surfaced in recent news exposed a complex domestic situation between a police officer and his ex-girlfriend. WHEC News elaborates on the ex-girlfriend’s accusations of cyberstalking toward the officer, wherein she claimed that the officer, William Rosica, terrorized her through a series of online messages. Rosica allegedly used his keen police training in a negative way in attempts to dominate the woman, in what WHEC notes was part of a year-long scheme to inflict emotional damage. According to the report, the abuse began shortly after Rosica’s ex-girlfriend end their relationship. In addition to the emotional distress Rosica caused, reports show he also followed his ex-girlfriend only to send emails and texts to her detailing her own actions. Many experts in organizations geared to prevent domestic violence fear that cases such as Rosica’s could lead to furthered violence. When it comes to the state of New York, the Office for the Prevention of Domestic Violence outlines stalking and cyberstalking, noting that cyberstalkers need not be in close physical proximity to carry out abuse. Furthermore, cyberstalkers commonly invite other online users to join in stalking a particular individual. The OPDV also acknowledges that those in domestic situations have easier access to a victim’s personal information, such as bank accounts and confidential files–making the situation all the more serious.

Who in Mineola has not been cited for some sort of traffic infraction before? Something like a speeding ticket or a citation for failing to completely stop at a stop sign is not likely to land you in jail. Unfortunately, the perceived triviality of traffic infractions often prompts people to believe that they do not need to be taken seriously. Such people may end up coming to us here at The Law Firm of Michael R. Franzese shocked that they are now facing a license suspension. If you hope to avoid such a penalty, you may want to educate yourself on New York’s traffic points system. According to the state’s Department of Motor Vehicles, you accumulate points depending on the nature of your traffic violation. The point totals for some of the more common infractions include: Reckless driving, texting while driving, failing to stop for a school bus: 5 points Following too closely: 4 points Ignoring a stop or yield sign, failing to yield the right-of-way, seatbelt violations: 3 points Speeding violations have different point totals depending on how fast you were allegedly going. Driving up to 10 mph over the posted speed limit will result in 3 points, while driving over 40 mph over the speed limit will get you 11. It should also be noted that infractions due to failing to maintain current insurance or registration on your vehicle and parking violations will not result in points. Point totals are counted over an 18-month period. Accumulating 11 points during that period will result in the suspension of your license. You can, however, appeal traffic infractions with the court. You can also take a DMV-approved point reduction program in order to avoid a license suspension. More information on dealing with traffic violations can be found here on our site.

A blood alcohol content of 0.08 percent or greater is generally grounds for a Driving While Intoxicated charge in the state of New York. However, according to YPDcrime.com, that is not the case if the driver is under the legal age for drinking. When a driver is underage, which is anything younger than 21 years old, New York’s Zero Tolerance Law kicks in. Under this law, driving with a BAC between the levels of 0.02 percent and 0.07 percent can also constitute a violation, and DWI charges may be brought. The penalties that accompany the Zero Tolerance Law are different from those who are over 21. According to DMV.org, a first-time offender can receive a six-month driver’s license suspension, a civil penalty of $125 and a fee of $100 to end the suspension. The offender may also be required to enroll in a drinking and driving program as well as have an ignition interlock device installed in the ignition. A second offense can result in the driver’s license being revoked for a full year, or until the driver turns 21. Another civil penalty of $125 and the termination fee of $100 may also be charged. This violation can also include enrollment in the driving program and installation of the ignition interlock device if it is not already present. New York has an Implied Consent Law, which means drivers must submit to testing if stopped by a police officer. If the minor has refused this step, chemical test refusal penalties can also be given in addition to the zero tolerance penalties. This can result in additional fines and fees as well as a lengthier suspension of the driver’s license.

Nearly everyone in Mineola has likely heard a story of someone finding something of value that has been lost in a place like a restaurant or a park. Such occurrences may be much more common than most believe. Research data shared by The New York Daily News shows that one in five Americans loses a personal item every week, with the average person losing up to $5,591 in belongings during his or her lifetime. The question is what obligations do those who find lost or mislaid items have in terms of returning them in order to avoid being accused of theft? To answer that question, one needs to first understand how the state defines lost property. According to Section 251.3 of New York’s Personal Property Laws, lost property includes: Mislaid (forgotten) property Abandoned property Waifs (property recovered after a theft) Treasure troves (valuable items found hidden) The state’s property laws go on to say that if one finds (or comes into possession of) lost property that is believed to be valued at $20 or more, he or she is required to either return it to its supposed owner or the proper authorities within 10 days. For property found within a city, the proper authority would be that city’s police department. It would be the state police or the sheriff’s office for the county in which it was found if lost property is discovered outside of city limits. Lost property found in a state park or on a state university campus should be handed over to park officials or campus authorities, respectively. A failure to turn over lost property according to the law could result in a misdemeanor charge. However, handing over lost items to the owner of the property on which they were found absolves one of culpability.

Similar to other states, the New York legal system handles domestic violence cases seriously. Although some charges for violence in the home prove to be wrongful accusations, most do not end on a light note. Penalties for domestic violence charges can range from prison time of one year to 25 or more years, and typically come with costly fees, as well. As of 2012, New York has strengthened its laws surrounding violence in the home. WNYC news reported on the details of this change, stating that New York established a new felony for repeat, low-level domestic violence offenses. Because many abusers are not deterred by the former mild charges — all of which carried minor penalties — they continued abusive behavior toward their household. Signed by Governor Andrew Cuomo, the measure extends to individuals who have previous misdemeanor charges involving family violence within the last 5 years, and subsequently commit a second misdemeanor. Punishment for this charge is 1 to 4 years in prison. The new measures also prevent anyone charged with a person’s death as a result of domestic violence from controlling that person’s burial. The New York State Senate offers a resource that clarifies the changes made in 2012, adding that the new measures allow the Office for the Prevention of Domestic Violence to examine factors involved in these types of crimes through a domestic violence fatality review team. The update also expands the factors courts must consider when handling penalties for domestic violence crimes. As for the Aggravated Family Offense update, in which an abuser commits one or more acts of violence within a 5-year span, types of crimes considered a “special offense” include, but are not limited to: Reckless endangerment Stalking Strangulation Rape Sexual abuse In addition to extended penalties for such crimes, the relatively new measures also work to better protect and assist victims of domestic violence in New York.

Shoplifting is made to look like a minor issue on television and in movies. Security guards often call spouses or parents, simply seeking payment for the items involved. In the real world, those accused of shoplifting could face very serious criminal charges. Perhaps a display item fell into a pocket or something costly was underneath your cart during checkout. It only takes a second to end up in legal trouble because of an honest mistake. The seriousness of the penalties and criminal charges you may face for shoplifting depend on the value of the items involved. Whether someone alleges that you tried to take items from a store, or you successfully removed them, it’s possible to end up facing a felony larceny charge. Don’t assume you can pay your way out of the situation. You need to understand New York larceny laws and the potential consequences. Item value determines the level of the offense In New York, the law is very clear about the financial cutoff between petit (or petty) larceny and grand larceny. Petty larceny is the theft or attempted theft of goods with a value of under $1,000. It’s a Class A misdemeanor, which carries as much as a year in jail if you get convicted. Anything worth $1,000 or more will result in felony grand larceny charges. It’s surprisingly simple for someone to accidentally end up with grand larceny criminal charges. You could try on a watch and forget to take it off. Your kid may have grabbed a stack of expensive video games and hidden them under a coat when you weren’t looking. You may simply have put a pricey impulse purchase on the rack under your cart and forgot it was there when you tried to exit the store. The consequences of felony grand larceny charges could include several years in prison, depending on the degree of the charge. The courts determine the degree of the grand larceny charge by the value of the items involved. Shoplifting criminal records can devastate your future Very few people trust a thief, even if they were only convicted of shoplifting. Pleading guilty may seem like a way to reduce potential penalties and get the whole situation handled without any more embarrassment. However, a guilty plea will result in a conviction on your criminal record. Grand larceny charges can impact your current job, your potential for promotions and better jobs in the future and even your ability to secure rental housing. If you avoid any incarceration, you could still end up losing your job. Many employers have no tolerance policies for felony criminal convictions. Other positions may require “public trust,” which means that a serious criminal offense makes you unfit for the position. You could end up struggling to find work or stagnating in a mediocre position because of your criminal record. Taking a proactive approach to larceny charges is often the best option for those facing them.

A family court order of protection in New York is different from a criminal court order of protection. However, their purpose is similar and its intention is also to protect against violence. Two different courts may be making the different orders. The relationship between alleged victim and defendant may be the controlling factor. Difference between family and criminal court orders of protection A family court order of protection can only issue when the victim, known as the petitioner, and the defendant, known as a respondent, have or had a family relationship or had an intimate relationship. The family court will issue a temporary order of protection when there is a criminal action pending. On the contrary, a criminal court order of protection can issue when there is no civil family court case existing and when the victim or witness of an alleged crime are unrelated to the defendant accused of a crime. Kinds of relationships required The family court order’s purpose is to prevent domestic violence. The type of relationship between the parties required includes the following: The defendant’s relation to the alleged victim is by marriage or blood The defendant and the alleged victim are or were married The defendant and the alleged victim have a child together The defendant and the alleged victim had an intimate relationship An intimate relationship does not require a sexual relationship, and after considering its nature, the court will determine if the close relationship meets the intimacy criteria. Acceptable conditions in an order of protection The law governing family court order of protection is the New York Consolidated Laws, Criminal Procedure Law, section 530.12. It may order that the respondent comply with many conditions, including but not limited to the following: Do not go near the home, job, school of the petitioner or petitioner’s family members or other witnesses Allow a parent or other entitled person to visit with a child living with the respondent Abstain from committing any family offenses or criminal offenses against the child or family member or person with custody of the child Abstain from harassing, scaring, threatening or creating unreasonable risk to health of the child, family member or person with custody of child To allow designated person to enter residence to remove personal belongings As with a criminal court order of protection, a family court can include protections for a companion animal of the alleged victim or child in the household.

There are times when a person charged in New York with a crime such as assault becomes the subject of a criminal court order of protection. This order may be necessary before the defendant secures bail or other release from custody pending his trial. As noted by the New York State Unified Court System, like a family court order of protection, with a criminal court order of protection the complaining witness or victim of the alleged crime need not have any particular relationship with the defendant. To have an order of protection issue from a family court, the family or intimate relationship must have existed, unlike in criminal court. An order of protection is requested by the district attorney Typically, the state district attorney prosecuting a criminal case against the defendant will ask for the order of protection on behalf of the alleged victim. However, it is the judge who makes the decision of whether the request is appropriate for an order and what the order’s terms will be. It is a very case-specific decision. Violating an order of protection is a crime Once a criminal court order of protection exists, a defendant who fails to comply with the order may find him or herself the subject of another criminal charge. That other crime is the violation of the order of protection itself. The New York Consolidated Laws, Criminal Procedure Law, section 530.13 governs the issuance of a criminal court order of protection when the victim and defendant are not family related. An order of protection may include many conditions It can include many conditions required of the defendant in the order of protection, including the following: Staying clear of the victim’s home, job or school Abstaining from any kind of interference with the victim or family of victim, including threatening, scaring or bothering them Abstaining from intentionally hurting or killing a companion animal to the victim or child in the home of the victim, without justification Such an order of protection can be a tool to protect witnesses in addition to a victim of an alleged crime.