Criminal Defense Blog NYC

No DAT for DV in NYC

Posted on August 3, 2018

If police arrest you for domestic violence ("DV") in New York City, you won't receive a desk appearance ticket ("DAT"). You'll go through a full-blown arrest.

The purpose of the no-DAT policy is to get you "arraigned" right away, so a judge can issue a temporary order of protection ("TOP") before you're released from custody.

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The Alleged Switchblade that Wasn’t – [ *** Updated ]

Posted on June 19, 2018

*** A June 7, 2018 Court of Appeals decision relates to the original blog entry. 

The Penal Law defines "switchblade" as: "any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife."

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How to Demand a Lawyer in New York

Posted on June 11, 2018

When police interrogate you in New York, all questioning must cease when you clearly demand a lawyerHowever, police don't always follow this rule.

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Summons, Desk Appearance Ticket, or Full-Blown Arrest

Posted on June 2, 2018

When you're arrested in New York City, you'll go through one of three processes:

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Online Bail in NYC

Posted on May 22, 2018

If you're detained in New York City, your bail, in some cases, may be posted online. That's good news, if you're eligible.

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Your Right to Remain Silent: Never Speak with Police

Posted on May 2, 2018

A detective calls. Says he wants to speak with you...

Wants to hear your side of the story. Doesn’t say he’s going to arrest you. He sounds reasonable.

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Sealed Criminal Cases in New York

Posted on January 31, 2018

New York expunges criminal cases that don't result in criminal convictions. This is known as "sealing". Sealing eliminates public access and, for the most part, government access to records of criminal cases.

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Speaking with the District Attorney

Posted on January 22, 2018

Do You Have a Choice?

If you’re a witness in a criminal case, you might wonder whether speaking with the district attorney is mandatory.

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Don’t Surrender Your Smart Phone

Posted on January 21, 2018

Don’t Do It!

Given the choice, don’t surrender your smart phone.

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Don’t Fall for Fake Check Scams

Posted on January 20, 2018

Don’t deposit your friend’s check into your bank account.  You could be convicted of a crime.

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