When a federal indictment is lodged in New York or elsewhere against a target, one early procedural move of the defendant is to file a motion to dismiss the indictment. These motions are only rarely successful, but are nonetheless very much worth the effort, particularly when glaring legal errors appear on the surface of the indictment. There are many potential legal grounds for dismissal that can be raised against an indictment that alleges felony charges of wire fraud, mail fraud or extortion.
In some cases, an accident where a driver hits a pedestrian seems to encourage the driver to leave the scene and not stop as legally required. A driver who hit two teens who were crossing a street in the Bronx was charged with reckless driving and with leaving the scene of an accident causing death, according to New York police. Although the 26-year-old male driver of a Honda Accord decided to return to the scene after he fled, police nonetheless filed leaving the scene felony charges against him.
Criminal mischief in New York is a crime that is charged when a suspect has allegedly vandalized personal property of another. It can be a misdemeanor under certain circumstances, but when the damage is over $1,500, it is charged as a felony. In a recent incident, a volunteer fireman was charged by New York State Police with felony charges of criminal mischief for allegedly vandalizing the Clarksville Fire Department where he volunteers.
In New York, as well as other states, it's not unusual for public officials, including police officers, to be arrested and convicted of criminal violations. Depending on the severity of the violations, an official or member of the police force may lose his or her position, and in some instances a term of imprisonment may be imposed. When a police officer is arrested on felony charges, it may be particularly challenging for criminal defense counsel to defend the accused.
The Manhattan District Attorney has announced the arrest of what he indicates is a significant group of international hackers who allegedly broke into the databases of a major ticket exchange. In all, seven people scattered in different countries have been arrested for allegedly accessing 1,600 accounts on StubHub, the online entertainment and sporting events ticket exchange. In New York, the two men arrested are facing felony charges of money laundering, identity theft, possessing stolen property, and grand larceny.
A New York Knicks point guard, Raymond Felton, recently entered into a plea agreement with prosecutors on gun charges stemming from a domestic incident involving his estranged wife. Police filed felony charges against Felton after his wife’s divorce lawyer brought his fully loaded, semiautomatic handgun to the a police station and complained that she didn’t want it in the house anymore. The agreement requires pleading guilty to a felony gun charge, putting in 500 hours of community service, paying a $5,000 fine, registering as a gun offender and giving up any right to appeal the case.
The reasons behind fleeing the scene of an accident can vary widely. From poor visibility to criminal intent, there are numerous reasons why someone proceeds to leave an accident scene. Whatever the reason may be, New York police are required to investigate the alleged hit-and-run in a fashion that allows them to find probable cause to support an arrest. If they do not find sufficient evidence, an arrest and the resulting felony charges may not stand up once a defense is presented in court.
With hackers making spectacular inroads into major networked databases, the threat of identity theft is bigger than ever. People must remain vigilant over their credit cards, identification cards and social security information. In Nassau County recently a 24-year-old woman was arraigned for felony charges of grand larceny, identity theft, fraud and other charges. She is accused of being part of an identity theft ring and of stealing the identities of hospital patients to make store purchases in the New York metropolitan area.
The rights of all citizens must be protected from violent attacks and other unjustified personal intrusions. At the same time, a defendant must be guaranteed the presumption of innocence to help prevent against ill-conceived prosecutions. In New York and elsewhere, there is a history of hate crimes against Sikhs, who are members of a religious sect from India. One 20-year-old man was recently arrested in New York and faces felony charges in the nature of hate crimes against a Sikh professor at Columbia University.
Several New York men have been arrested for possible credit card fraud and now face felony charges. Police believe that the credit card scheme is widespread. The men were caught when they were stopped by law enforcement on the interstate. Police allegedly found evidence of the credit card scheme in the vehicle before the men were arrested and given felony charges.