Common Desk Appearance Tickets from JFK Airport include 1) shoplifting offenses (Petit Larceny – PL 155.25, a Class A misdemeanor) at the JFK retail shops or duty-free stores, 2) misdemeanor possession of controlled substances (PL 220.03), 3) misdemeanor possession of a weapon, such as a knife or collapsable baton or brass knuckles (PL 265.01), 4) theft of services, such as failing to pay a bar or restaurant tab (PL 165.15), and 5) assault (PL 120.00, a Class A misdemeanor). However, there are many other possible offenses at JFK Airport that could result in Desk Appearance Tickets.

A Desk Appearance Ticket is the same thing as a criminal arrest and a conviction for a misdemeanor can give you a permanent and public criminal record. It can also potentially result in jail time, probation, fines, loss of employment, loss of immigration status, and loss of licensure, depending on the circumstances. These DATs must be taken seriously, as should any criminal arrest. Matthew Galluzzo has successfully helped over 100 clients earn dismissals in cases involving Desk Appearance Tickets, and has specifically helped over a dozen clients with charges stemming from JFK Airport.

Generally, a person who receives a Desk Appearance Ticket from JFK Airport must appear in Queens Criminal Court (located at 125-01 Queens Boulevard) as instructed by the ticket. Sometimes these court dates occur on weekends. Of course, many of the people arrested in JFK are travelers from out of town or even out of the country. In certain types of cases, Matthew Galluzzo has successfully appeared of behalf of many out-of-town and foreign clients and resolved these cases favorably without the clients having to appear personally. If you are a foreign or out-of-town client with a JFK Desk Appearance Ticket, you should strongly consider hiring Matthew Galluzzo to appear on your behalf, so that you do not have to make a special trip back to New York City just to appear in court to resolve a misdemeanor offense.

Every year, tourists flock to Woodbury Commons from around the world to shop the discount prices offered at these designer outlet stores. Unfortunately, some are also accused of attempting to steal merchandise from these stores. Those individuals are typically referred to local Woodbury police for arrest processing after being apprehended by store security. People arrested and accused of shoplifting at Woodbury Commons are typically handcuffed by the police, taken to the police station, fingerprinted, and issued a Desk Appearance Ticket directing them to appear in Woodbury Town Court a few weeks later to answer to charges of Petit Larceny (a class A misdemeanor in violation of PL 155.25) or Grand Larceny in the Fourth Degree (a class E felony in violation of PL 155.30). The more serious charge – Grand Larceny – can apply where the merchandise allegedly stolen exceeds $1000 in value.

Many of the people arrested and issued Desk Appearance Tickets are tourists visiting from out of state or even out of the country. As such, returning to Woodbury for a court appearance a few weeks or months later is impractical or impossible. Thankfully, in some cases, an attorney can be retained to appear in the place of the arrested person, such that the arrested person does not have to personally return to court. Matthew Galluzzo has represented many foreign and out of state residents in this manner. Using a notarized affidavit drafted by Mr. Galluzzo, in some cases Mr. Galluzzo can go to court on behalf of a person accused of these crimes and negotiate a disposition of the case that does not result in a permanent or public criminal record. This permits the person with the Desk Appearance Ticket to continue with their trip on schedule without having to delay their flight home or booking a return trip for the sole purpose of appearing in court. Of course, that potentially saves the arrested person a significant amount of time, stress and expense.

If you or a loved one have been arrested and given a Desk Appearance Ticket for alleged shoplifting at Woodbury Commons outlet mall, you should strongly consider contacting Matthew Galluzzo. An experienced criminal defense attorney and former New York prosecutor, Matthew Galluzzo has successfully defended dozens of out-of-state and foreign citizens in shoplifting cases.

The allegations in these cases suggest that the defendants used the public enthusiasm and fervor around cryptocurrency investing to run what amounted to a Ponzi scheme with a crypto appearance. The defendants allegedly went to crypto conventions and investor events and flashed conspicuous wealth in order to persuade people to invest in their cryptocurrencies. The defendants allegedly used a software platform to allow investors to see their investments growing, but the defendants would not allow the investors to withdraw funds. Meanwhile, these defendants allegedly used the investor funds for their own purposes and spent the money lavishly.

The defendants might argue that there was in fact a real cryptocurrency investment that simply failed, as so many cryptocurrencies have. (Some reputable economists might even argue that the entire cryptocurrency industry is, at base, a Ponzi scheme in and of itself.) Prosecutors will use bank records and other evidence to show that these investor accounts ran dry because they were emptied by the defendants.

The charges here are predominately conspiracies to commit Wire Fraud (18 USC 1343) and Money Laundering (18 USC 1956(h)). A person commits wire fraud, basically, when he or she commits fraud using the internet or a telephone system. Money laundering involves taking stolen money (or proceeds from an illegal activity) and knowingly converting it into another form or depositing it into a bank account, for example.

The defendants face significant potential prison sentences. Generally, the penalties for wire fraud and money laundering depend largely on the amount of money stolen. However, the penalties can increase significantly where there are many victims, or when a person acts as a manager of others in the criminal conspiracy, or when the person has a criminal record. In addition to prison penalties, the defendants, if convicted, can expect to owe their victims significant amounts in restitution.

Matthew Galluzzo is an experienced criminal defense attorney and former Manhattan prosecutor. He has successfully represented many individuals accused of federal wire fraud and money laundering and understands how prosecutors investigate and build their cases. If you or a loved one have been accused of wire fraud in federal court, you should strongly consider contacting him today to discuss his potential representation.

Larceny is defined in Penal Law section 155.05(2)(e) to include “by extortion.” The definition reads as follows:

A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: (i) cause physical injury to some person in the future; or (ii) cause damage to property; or (iii) engage in other conduct constituting a crime; or (iv) accuse some person of a crime or cause criminal charges to be instituted against him . . .

There are several other methods on the list but you can see the point. Although it may seem somewhat counterintuitive, there is a possibility that if you make such a threat, you would be essentially blackmailing the person who stole from you — a truly unintended result. The proper way to handle the situation is to contact the police if you think that a crime has been committed, or try to work it out amicably with your business associate. However, in order to do that with a clear conscience, one would need to understand both how the complaint-making process works at most New York police stations and departments, but also how the legal structure of your business affects your rights and methods by which you may be able to recoup any stolen business proceeds.

If you find yourself on either side of this particularly common problem, you should consult with New York City criminal defense attorneys with experience in small business type disputes.

In many ways, a Desk Appearance Ticket does not feel like such a big deal. The arrested person is usually handcuffed and taken to a police station where they are fingerprinted. They typically wait a few hours in a holding cell until they are given a piece of paper telling them the date and location of their appearance in court. Before Desk Appearance Tickets became routine, criminal defendants could expect to get “sent downtown” and spend the night in jail before seeing a judge. Obviously, Desk Appearance Tickets are preferable for criminal defendants because they spend less time in custody and also have the opportunity to choose counsel for themselves prior to going to court.

Make no mistake, however: the issuance of a Desk Appearance Ticket is in fact an arrest – it is not “just a ticket”. More importantly for visa holders, this event is not going to “fly under the radar” with the immigration agencies. If you were arrested and given a Desk Appearance Ticket, your fingerprints and the arrest charges have been sent to a New York state agency (the Division of Criminal Justice Services) and to the FBI, which maintains a federal nationwide law enforcement database of all arrest events across the United States (the Interstate Identification Index). Visa and green card holders should understand that the immigration agencies, in processing visa renewal requests, access this database to investigate whether the visa applicant has an arrest record. Indeed, some visa holders actually receive emails from Department of Homeland Security (Immigration & Customs Enforcement) agents after their arrests, because the agency was notified of the arrest via the fingerprint database.

Generally speaking, visas will not be renewed if a visa holder has a pending (meaning unresolved) criminal case. Our office has worked with many people whose visas to work or attend school in the U.S. were denied on account of having a pending criminal case, either forcing them to return to their native country or preventing them from returning to the United States. Of course, certain types of convictions can also prevent the renewal of a visa, and can even result in removal or deportation for green card holders. The rules pertaining to the effects of various convictions are too complicated to full explain here – you should consult with an experienced attorney on the subject.

If you received a Desk Appearance Ticket, it should tell you what you can expect to be charged with when you go to court. Specifically, it will list a “Penal Law” charge with the phrase “PL” followed by a number next to the term “Top Offense Charge” or “Top Count”. The most common types of Desk Appearance Tickets include charges of Petit Larceny (or shoplifting, PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Theft of Services (PL 165.15), Criminal Possession of a Weapon (PL 265.01), Assault in the Third Degree (PL 120.00), Trespass (PL 140.10), Public Lewdness (PL 245.00), Forgery (PL 170.20), Unlawful Possession of Marijuana (PL 221.10), and Sexual Abuse in the Third Degree (PL 130.53). These charges are all misdemeanors punishable by up to 90 days or 1 year in jail.

Most individuals (without prior arrests) charged with these crimes do not incur criminal convictions. However, many of the “best” dispositions for these cases – called Adjournments in Contemplation of Dismissals (or “ACDs”) – involve long “probationary” periods of six months or a year, during which time the defendants agree to remain arrest free and complete community service or counseling in exchange for a dismissal of the charges. Dismissals are generally great for defendants, so it is hard to refuse such an offer from the prosecutor and court, normally. Unfortunately for visa holders, these “probationary periods” sometimes overlap with the deadlines for renewals of their visas, and since the criminal charges are technically still pending during these probationary periods, visas can and will be denied during these periods. There are a number of possible solutions to this problem. Oftentimes, we seek to have court dates advanced for our clients to avoid deadline problems, meaning that the cases are brought to court sooner than originally scheduled. Sometimes we are able to convince prosecutors to dismiss charges outright. Other times, we simply petition prosecutors to shorten the “probationary periods” on the ACDs to give our clients the opportunity to apply for their visas without this impediment for renewal.

Criminal defendants holding visas and facing Desk Appearance Tickets should also consult with an attorney prior to traveling abroad. New executive orders signed by the President have complicated foreign travel for such individuals. Indeed, foreign visa holders could risk being denied re-entry into the United States by traveling while a criminal case is pending.

Our attorneys regularly represent foreign citizens charged with Desk Appearance Tickets. In fact, on account of our close relationships with several foreign consulates in New York City, over half of our criminal defense clients are citizens of foreign nations. As a result, we understand the unique challenges that holders of green cards of visas face after receiving a Desk Appearance Ticket, and we understand how to best help our clients avoid serious consequences for their visas or immigration status. We have helped countless individuals with F1, K1, H1B, J1, O1, E3, H2B, B1, and other visas remain in the United States so that they could pursue their careers and educational opportunities, and we are proud to have been able to do so.

If you or a loved one are a foreign citizen and have received a Desk Appearance Ticket, you should seriously consider the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former Manhattan prosecutors will help you navigate the confusing criminal-immigration system and work with your immigration attorneys to do everything possible to ensure that your application for a renewal of your visa or green card is unaffected by these criminal charges.

Woodbury Commons is a popular outlet mall and shopping destination for tourists and locals alike. The designer clothing and other luxury items on sale there make it an easy place for shoppers to give in to temptation. Unfortunately, many of those people make the mistake of attempting to steal items, and suddenly find themselves confronted by the frightening prospect of a criminal prosecution.

People without criminal records caught shoplifting at a store at Woodbury Commons most typically receive Desk Appearance Tickets directing them to appear in the court at the Woodbury Justice Court which is located on 511 NY-32, Highland Mills, New York, on a later date. Shoplifters are usually caught by store security and then held until the police can arrive to effectuate an arrest. While waiting for police to arrive, store security guards might question a shoplifter or search through their purse or pockets. Many people complain that these searches and interrogations violate their constitutional rights, but the U.S. Constitution actually does not protect you from searches by private store security guards – it only protects you from law enforcement officers – and a store security guard does not have to read you your Miranda rights, either. So if store security finds other stolen items or contraband such as drugs on the person of a shoplifter, that could also result in additional criminal charges. Moreover, if you confess to stealing to a store security guard, or sign a document admitting what you have done, that document can be used against you by police and the government in a later criminal proceeding.

Additionally, store security guards are likely to give a shoplifter a trespass notice telling them that they are no longer permitted to enter their store, and they may even demand a civil settlement at the time of the arrest or later via a civil demand letter. The store certainly has the right to issue the trespass notice and pursue a civil claim against a shoplifter; if you have received such a civil demand, we recommend that you retain an attorney to discuss your options.

Arrests for shoplifting can have extremely serious consequences for non-citizens (especially those seeking U.S. visas or green cards), financial sector professionals, and teachers, among others. If you are such a person facing a shoplifting charge, The Law Office of Matthew Galluzzo can help you navigate the unique challenges of this situation, as we have extensive experience representing criminal defendants in all three categories.

It should also be noted that theft of over $1000.00 worth of merchandise warrants a higher felony charge of Grand Larceny in the Fourth Degree (PL 155.30). An arrest for this charge does not typically result in a Desk Appearance Ticket, and the resultant procedure and outcome is usually very different from a regular shoplifting case.

Though past results do not guarantee future outcomes, our attorneys have been successful on many occasions in negotiating favorable plea bargains that have allowed our clients accused of shoplifting at Woodbury Commons to emerge from the ordeal without any criminal records or jail time. Depending on the value of the stolen property, it may be possible to negotiate an adjournment in contemplation of dismissal (“ACD”) or disorderly conduct violation (PL 240.20), neither of which is a criminal conviction that gives one a criminal record. Typically, the shoplifter has to complete a shoplifting rehabilitation course online, or perform community service, in order to secure this disposition. Court surcharges may also be necessary to make this deal with the prosecution.

Many of our clients have been foreigners unable to attend the court date itself. Depending on the circumstances, you may be able to give authorization to an attorney via affidavit to appear in your stead. The attorneys at The Law Office of Matthew Galluzzo have appeared via affidavit for a number of foreign clients accused of shoplifting at Woodbury Commons, and they have greatly appreciated the fact that they were able to avoid spending the time and money to travel back to the United States to make their court appearance. Contact The Law Office of Matthew Galluzzo to see whether they may be able to save you a trip back to the United States.

Unfortunately, even a minor arrest can derail an application or renewal for an H1B visa. The attorneys at The Law Office of Matthew Galluzzo have represented many individuals with H1B visas who have received Desk Appearance Tickets for misdemeanor arrests, including, among other things: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), and Assault in the Third Degree (PL 120.00). Some of these cases are oftentimes resolved with adjournments in contemplation of dismissal (“ACDs”) that would generally be considered to be favorable dispositions. However, ACDs typically involve six month waiting periods before the cases are dismissed, and any people who need to apply for or renew their H1B visas during that six month period are precluded from doing so (and thus unable to remain in the United States at their chosen and hard-earned job). Put plainly, an H1B visa will not be renewed if a criminal case is pending or if the ACD waiting period is still outsanding. This effect has also been noted in the context of other visa applications, such as F1 and J1 visas.

While these are generally not considered the most serious of cases, for visa holders, even these comparatively minor criminal cases can impact your life, career and renewal applications in a number of other ways. For example, convictions for these crimes can result in job loss, permanent criminal records, deportation or inadmissibility, fines, and potentially even jail time. A criminal case should never be taken lightly, but foreign citizens with visas need to be even more mindful of the consequences of an arrest.

The attorneys at The Law Office of Matthew Galluzzo – the accredited criminal defense attorneys for the New York Consulates of France, Switzerland, Belgium, Australia and Saudi Arabia – regularly represent foreign citizens in a wide variety of criminal cases, and have been successful in securing countless dismissals for our foreign clients. Moreover, we have been successful on numerous occasions in convincing prosecutors to dismiss low-level cases or shorten the statutory ACD waiting periods by demonstrating the adverse impact upon their H1B visa renewals or applications. If any of this might apply to you, you should consider retaining the services of one of the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo.

Additionally, the attorneys at The Law Office of Matthew Galluzzo are fluent in French and Spanish. Our clients with those backgrounds greatly appreciate their ability to communicate in their native languages and find it easier to understand the process. To learn more about New York criminal law issues in French, visit our website www.droitpenal.nyc or email avocat@droitpenal.nyc.

Most people arrested for shoplifting are held by store security guards until police arrive. During that time, store security guards typically force or trick the people they’ve detained to sign written confessions (by promising not to call the police if they sign) and trespass notices acknowledging that they are no longer allowed to shop at the store. Store security guards do not have to read people their Miranda rights because they are not police officers, but anything said to them can and will be used against them in courts of law.

Police officers then take these detained people to the local precinct, where the arrest process begins. Fingerprints are taken and paperwork is completed while the arrestees typically wait in a cell for about three to four hours. Then, the alleged shoplifter is usually given a Desk Appearance Ticket, which looks like this, which directs the shoplifter to appear in court at a later date. Failure to appear in court on that date results in a warrant being ordered for that person’s arrest.

Most shoplifters are charged with Class A misdemeanor violations of Penal Law Sections 155.25 (Petit Larceny) and 165.40 (Criminal Possession of Stolen Property in the Fifth Degree). If the merchandise is worth over $1000.00, then the charge can become a felony called Grand Larceny in the Fourth Degree (PL 155.30). Felony charges do not typically result in Desk Appearance Tickets – those individuials usually spend the night in jail before seeing a judge the next day.

A person charged with a Desk Appearance Ticket should consult with an attorney prior to the return date of the ticket and bring that lawyer to court. Only indigent people – people whose incomes are so low that they are truly impoverished – are eligible for public defenders. Moreover, one cannot contact a public defender to discuss a case prior to the court date. In some rare cases, it may be possible for a private attorney to appear on your behalf if you cannot possibly attend your court date. (The attorneys at The Law Office of Matthew Galluzzo do this routinely for foreign and out-of-state tourists).

Most defendants without criminal records charged with shoplifting can expect to receive plea bargain offers that do no result in permanent public criminal records, such as Disorderly Conduct (PL 240.20, a violation) or an “ACD” (adjournment in contemplation of dismissal), in exchange for the performance of community service or attendance at a rehabilitation program called Stoplift. If the property alleged to have been stolen is more than $400 or $500, then the initial offers tend to be more like Disorderly Conduct as opposed to ACDs, which are typically considered more desirable. A skilled defense attorney can sometimes negotiate ACDs where Disorderly Conduct is first offered, or even shorten the sealing period of an ACD from the standard six months (under certain circumstances).

These charges and plea dispositions can have serious unseen consequences for certain types of professionals, however. In particular, finance professoinals have to disclose these arrests on their U4 forms and some employees of FDIC-insured-institutions might even become ineligible to work in the industry. If this applies to you, you should contact The Law Office of Matthew Galluzzo immediately, as they are experts in handling cases such as these for finance professionals.

These charges and plea dispositions can also have serious consequences for non-citizens with visas or looking to renew or obtain visas. We have seen individuals unable to renew or obtain their visas while these charges were pending, and convictions for these crimes can potentially render someone inadmissible into the United States. If this applies to you, you should contact The Law Office of Matthew Galluzzo immediately, as they are experts in working with foreign citizens. In fact, their office serves as the official go-to criminal defense counsel for the Consulates of France, Switzerland, Saudi Arabia, Belgium, and Australia.

Many other individuals facing professional licensure (doctors, lawyers, etc.) and educators employed byt the NYC Department of Education can also have their professional careers interrupted by arrests like these. If this applies to you, you should contact our office, as we have successfully helped countless professionals in these industries return to work despite these issues.

To learn more about the potential collateral consequences for non-citizens, click here.

To learn more about the potential consequences for FINRA-licensed brokers or employees at FDIC-insured institutions, click here.

To learn more about arrests at major New York retail stores like Macy’s, Bloomingdale’s, and Century 21, click here.

To learn more about shoplifting civil demands from stores like Macy’s, Bloomingdale’s, and Century 21, click here.

To learn more about Desk Appearance Tickets for Shoplifting at NYC Midtown Community Court, click here.

To learn more about what to do if you missed your court date, click here.

The attorneys at the Law Office of Matthew Galluzzo have represented dozens of people arrested at nightclubs and bars throughout the city, and our experience as prosecutors and defense attorneys has taught us that certain types of cases are quite common. Through our experience on both sides we have also learned that these types of cases present unique challenges and opportunities for defense attorneys, and have learned how to best take advantage of the unique circumstances that these cases often present.

Arrests for theft-related charges are quite typical at NYC nightclubs and bars. Failing to pay a bar tab at a nightclub – where bottle services can cost thousands of dollars – can result in an arrest for Theft of Services (Penal Law Section 165.15), a class A misdemeanor punishable by up to a year in jail. We find that oftentimes the nightclubs are attempting to make outrageous and inflated charges and the patron is simply disputing those charges when being arrested. We have defended other individuals that were arrested before they could straighten out security checks imposed by their credit card companies. Typically, these cases can be resolved with non-criminal dispositions and payment for the services, and we have done that for many of our clients.

We have represented other individuals charged with stealing property from nightclubs. Thefts of purses and wallets typically result in felony charges for Grand Larceny in the Fourth Degree (Penal Law Section 155.30) because they involve credit cards, but can even result in more serious charges where the stolen property is valued in excess of three thousand dollars. Intoxication can sometimes be a defense to those individuals that stole items accidentally or when too drunk to form the requisite criminal intent. Also, witnesses – such as out-of-town tourists and bouncers – are oftentimes unreliable or unavailable. We have successfully had all criminal charges dismissed for a client accused of stealing multiple purses from a well-known Manhattan nightclub, and have successfully defended other individuals accused of stealing from bars, restaurants, and nightclubs.

If you or a loved one have been arrested or issued a Desk Appearance Ticket in connection with an alleged theft that occurred at a nightclub or bar in New York City, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their three attorneys were all former Manhattan prosecutors that used to investigate and prosecute crimes like these, and they have had considerable success getting theft charges dismissed for clients in cases originating in nightclubs and bars.

Public defenders are available for indigent defendants at arraignments on Desk Appearance Tickets. However, if you are not indigent, then you do not qualify for a public defender, meaning that you will have to return with a privately-retained lawyer anyway. Even if you do qualify, technically, for a public defender, you should consider various other reasons for hiring a private attorney. First and foremost, you will be unable to speak to a public defender in advance of your court date, whereas a private defense attorney can meet with you and prepare you and answer your questions in advance of your court date. Also, defendants with private attorneys are usually seen by the judge first and can typically leave before 10:30 am; those people relying on public defenders may find themselves waiting in line all day to talk to an attorney, and waiting to see a judge well into the afternoon session. If your case lasts beyond the arraignment, you may find it extremely difficult to get ahold of a public defender, as they are typically responsible for hundreds of criminal cases at a given moment and are often unable to respond to voicemails; in contrast, a private lawyer presumably has more time to answer your phone calls and questions and meet with you in the office. The private attorneys at our office, unlike public defenders, will continue to work on your case after its done to ensure that where, if applicable, the records of your arrest have been properly sealed and the matter cleared from the public domain. Finally, the attorneys at our office, unlike public defenders, can sometimes in certain types of cases assist out-of-state residents, students, or foreign citizens by appearing for them in lieu of personal appearances.

Most importantly, though, these matters are important and must be taken seriously. A criminal conviction – even for a misdemeanor – can create permanent obstacles to employment, naturalization, university admission, and more. There is no expungement of criminal convictions in New York, so a criminal conviction for even a misdemeanor is a permanent matter of public record and can haunt a person for the rest of his or her life. FINRA-licensed brokers can unwittingly jeopardize their careers in seemingly trivial matters, and non-citizens can prevent themselves from being able to stay in the United States in accepting a disposition that seems otherwise reasonable. These are mistakes that can be avoided with the advice of good and prepared counsel.

The criminal defense attorneys at the Law Office of Matthew Galluzzo have successfully defended hundreds of Desk Appearance Tickets throughout New York City and obtained countless dismissals of the charges contained therein. If you or a loved have been charged with misdemeanors by way of a Desk Appearance Ticket, you should take the matter seriously and seriously consider retaining the experienced former prosecutors and criminal defense attorneys at the Law Office of Matthew Galluzzo. A single mistake at your court appearance could have serious and permanent consequences for life, family, and career… wouldn’t you rather know that the matter is being handled by a seasoned professional of your choosing?

Potential felony charges could include grand larceny (PL Article 155), assuming that the alleged theft is over $1,000 per person, falsifying business records (PL Article 175), offering a false instrument for filing (PL Article 175), insurance fraud (PL Article 176), and others.

Each individual case, however, must be examined carefully, as there are sure to be strong defenses to many of the charges and with regard to many of the individuals. After all, many of New York’s Finest and Bravest did in fact suffer debilitating injuries and PTSD as a result of the 9/11 tragedy. However, we expect that any FDNY and NYPD retirees receiving social security disability pensions as a result of 9/11 will at least be investigated, and possibly even be presumed to be guilty of fraud in the eyes of the prosecution (especially so if their applications for disability were assisted by any of the individuals that have already been indicted and arraigned). Thus, it is quite possible that some people will be unfairly charged and prosecuted.

Oftentimes, in matters involving disability fraud, a defendant can negotiate a plea bargain whereby he avoids significant jail time – or jail time altogether – in exchange for repaying the ill-gotten benefits (i.e. paying restitution). However, in this case, we expect that many individuals accused of 9/11-related disability fraud will be unable to pay back the huge sums that they have received. Unfortunately, these guilty individuals that cannot repay their stolen money may face the serious prospect of state prison sentences instead, and thus absolutely need top-notch representation to help them avoid that outcome.

If you or a loved one have become entangled in this investigation in any way, you need to speak to a competent attorney immediately so as to ensure that all the appropriate steps are being taken to preserve and bolster all possible legal defenses. For more information, click here.

Recently, late night talk show host David Letterman went to law enforcement authorities because he claimed that he was the victim of blackmail. Both state and federal law make it illegal to blackmail someone in New York. Under federal law, 18 USC Section 873 (Chapter 41: Extortion and Threats) is specifically named “Blackmail,” and applies to “[w]hoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing…” The charge goes on to say that any such person “shall be fined under this title or imprisoned not more than one year, or both.”

In New York state law, there is no specific “blackmail” statute, but there are laws against extortion contained in the Penal Law. Penal Law Section 155.05 defines the various methods by which a person can commit larceny under New York state law, and specifically includes several forms of extortion in Subsection (2)(e). That subsection explains the following:

A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting a crime; or
(iv) Accuse some person of a crime or cause criminal charges to be instituted against him; or
(v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
(vi) Cause a strike, boycott or other collective labor group action injurious to some person’s business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or
(vii) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
(viii) Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
(ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

The seriousness of larceny by extortion charges in New York state usually depends upon the amount of money that is taken in aggregate from a single victim. Anything less than $1000 is Petit Larceny, a Class A misdemeanor. Between $1000 and $2999.99 gets one charged with the Class E felony of Grand Larceny in the Fourth Degree (Penal Law 155.30), Grand Larceny in the Third Degree (Penal Law 155.35, a Class D felony) applies to thefts less than $50,000, and Grand Larceny in the Second Degree (Penal Law 155.40, a Class C felony) applies to thefts up to one million dollars. (Obviously, then, Grand Larceny in the First Degree, a Class B felony, applies to thefts in excess of one million dollars – Penal Law Section 155.42)).

However, it should be noted that it is a serious Class C felony (Grand Larceny in the Second Degree, Penal Law 155.40), where “property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.”

If you or a loved one have been accused of blackmail or extortion in state of federal court, you should strongly consider contacting the experienced criminal defense attorneys and former prosecutors at the Law Office of Matthew Galluzzo.

Stores actually do have the right to pursue civil claims for monetary damages against shoplifting defendants, even in cases in which the property was recovered and undamaged. General Obligations Law §11-105 explains thusly:

§ 11-105. Larceny in mercantile establishments. 1. When used in this section, the term “mercantile establishment” shall mean a place or vehicle where goods, wares or merchandise are offered for sale or a place or vehicle from which deliveries of goods, wares or merchandise are made. 2. When used in this section, the term “larceny” is an act heretofore defined or known as common law larceny by trespassory taking as defined in paragraph (a) of subdivision two of section 155.05 of the penal law committed against the property of a mercantile establishment. 3. When used in this section, the term “emancipated minor” shall mean a person who was over the age of sixteen at the time of the alleged larceny and who was no longer a dependent of or in the custody of a parent or legal guardian. 4. In any proceeding brought under this section the burden of proof shall be by a preponderance of the evidence. 5. An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of: (a) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus (b) a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars. 6. Parents or legal guardians of an unemancipated minor shall be civilly liable for said minor who commits larceny against the property of a mercantile establishment to the operator of such establishment in an amount consisting of: (a) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus (b) a penalty not to exceed the greater of five times the retail price of the merchandise or seventy-five dollars; provided, however, that in no event shall such penalty exceed five hundred dollars. 7. A conviction or a plea of guilty for committing larceny is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this section. 8. The fact that an operator of a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of such merchant to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages and penalties prior to the commencement of any legal action. 9. In any action brought under subdivision six of this section, the court shall consider in the interest of justice mitigating circumstances that bear directly upon the actions of the parent or legal guardian in supervising the unemancipated minor who committed the larceny. 10. An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction. 11. The provisions of this section shall not be construed to prohibit or limit any other cause of action which an operator of a mercantile establishment may have against a person who unlawfully takes merchandise from the mercantile establishment. 12. Any testimony or statements of the defendant or unemancipated minor child of the defendant or any evidence derived from an attempt to reach a civil settlement or from a civil proceeding brought under this section shall be inadmissible in any other court proceeding relating to such larceny.

As explained above, even in cases in which the merchandise is recovered (which is usually the case for people arrested for shoplifting), the store can demand either five times the value of the stolen merchandise (up to $500), or $75. Sometimes the civil penalties can be reduced through negotiation, or an arrested person can ignore the demand and risk being sued in civil court.

If you or a loved one have been arrested for shoplifting, you should strongly consider retaining anexperienced criminal defense attorney. A good lawyer can minimize your headaches – both civil and criminal – and maybe even prevent you from receiving a permanent criminal record.

If you or a loved one have been given a Desk Appearance Ticket, you should contact experienced Desk Appearance Ticket attorneys who routinely handle a wide variety of Desk Appearance Tickets and have represented countless clients from out-of-state and foreign countries faced with the prospect of long and expensive trips for the sake of quick appearances in court on minor charges. If you are unable to appear in court for your arraignment because of the distance or hardship, they may be able to help you.

Generally speaking, most people who are arrested at one of these department stores will be charged with violating New York State Penal Law section 155.25 — the Petit Larceny statute. If, however, the value of the goods exceeds $1000, there is a chance that the case will be deemed and charged as a Grand Larceny under New York Penal Law section 155.30(1). The latter violation is a felony which would require the indictment of a grand jury to proceed. In many of those cases, the matter can be negotiated down to a lesser charge with the District Attorney’s office.

If you fall into the category of people unfortunate enough to have been arrested in Macy’s, Bloomingdale’s or another retail or department store, you should contact an attorney experienced in handling department store shoplifting cases who can help you deal with both your criminal case and the civil damages claim.

In the typical shoplifting case, the defendant is observed by store security guards (usually on camera in larger department stores such as Bloomingdale’s and Macy’s) either conceal merchandise openly on camera, or go to an area of the store where the cameras cannot film them and secret the items on their person, only to emerge seemingly empty-handed. Store security stops the individuals before they exit the store without paying (the law doesn’t require that they actually make it out of the store – a larceny only requires a “moving” of the property with an intent to permanently deprive the owner of it) and the police are notified. Usually, in cases where a New York State resident with valid identification with no arrest record is caught shoplifting, responding police officers will issue a Desk Appearance Ticket in lieu of “putting the accused through the system”, meaning they get to avoid sitting in a holding cell downtown for at least 24 hours before seeing a judge. This is where we see clients fail to take the situation seriously – (“they just gave me a ticket, what’s the big deal?”) – but the truth of the matter is these clients are generally charged with two class “A” misdemeanors, both of which are punishable by up to one year in jail – petit larceny, and its accompanying charge, criminal possession of stolen property in the fourth degree. Those charges are listed below:

§ 155.25 Petit larceny.

A person is guilty of petit larceny when he steals property.

Petit larceny is a class A misdemeanor.

§ 165.40 Criminal possession of stolen property in the fifth degree.

A person is guilty of criminal possession of stolen property in the

fifth degree when he knowingly possesses stolen property, with intent to

benefit himself or a person other than an owner thereof or to impede the

recovery by an owner thereof.

Criminal possession of stolen property in the fifth degree is a class

A misdemeanor.

The accused shoplifters in these cases are directed to appear several weeks later at 314 West 54^th Street at 9:30 a.m. to be arraigned on criminal charges. If no disposition is worked out by a lawyer on that day, all of the cases are then adjourned to continue towards trial at the Criminal Court on 100 Centre Street.

There are two primarily concerns that we stress to our clients in these cases – one is that their failure to appear on the return date in Midtown Court will result in a warrant being issued for their arrest (not a good thing). The other is that it is imperative to avoid incurring a criminal record in every case possible. In other words, if you’ve been charged with Petit Larceny and/or Criminal Possession of Stolen Property, it is important to hire an attorney who can work out a disposition for you which does NOT include a plea to any crime. The imposition of a criminal record is a devastating thing and can have serious collateral consequences.

At The Law Office of Matthew Galluzzo, our team of former NYC prosecutors are experienced in dealing with these specific cases, both on the prosecution side and on the defense side – and have handled many cases at Midtown Community Court, which we are very familiar with. We have represented individuals from all walks of life and secured the bests results for them. If you or a loved one has been issued a D.A.T., don’t just call a shoplifting lawyer – contact our lawyers immediately and schedule a free consultation. Do not risk incurring a criminal record and jeopardizing your future.’

“Shoplifting Desk Appearance Tickets and NYC Midtown Community Court”

The classic embezzlement case involves a corporate treasurer, in-house accountant, or employee with access to the company checkbook diverting money from the corporate account into his own account, and then “cooking the books” to hide the missing money from other officers. Thieves generally hide their actions by only taking a small amount at a time so as to not raise any red flags; however, they inevitably get caught when the missing amounts become quite substantial over an extended period of time. Sometimes these cases can be as simple as a cashier stealing from the register, and other times they are extraordinarily complex matters involving shell accounts and numerous offshore wire transfers.

Regardless of their methodology, embezzlers that get too greedy are almost always caught and confronted by another employee or officer. Of course, everything the embezzler says to the other employee during that confrontation can be used against them in a court of law – civil or criminal – and the accused has no Miranda rights because the other employee is not a law enforcement officer.

Once caught, embezzlers now face a difficult choice: do they repay the money or not? On the one hand, repayment of the money may be the only way to persuade the organization not to report the theft to the police and thus avoid arrest. On the other hand, the thief could repay the money and still be arrested, as the repayment of the money does not “cure” the original crime. In fact, repayment of the money could even be construed as an admission of guilt in a criminal prosecution.

From the corporation’s standpoint, there are some advantages to simply calling the police immediately. Law enforcement can relieve some of the time and effort spent pursuing the investigation, and an arrest may eventually result in the thief being forced to pay court-ordered restitution as part of his plea bargain. (It may also prevent the thief from simply fleeing the jurisdiction). However, a criminal defendant could be incarcerated during the pendency of his criminal case and/or be forced to pay significant legal fees. Thus, the arrest may render him incapable of repaying the money that he stole.

One important thing for both sides of this equation to take into account in making their decisions is the potential penalty for the crime. Unsurprisingly, the criminal penalties increase in step with the amount of money that was taken. Also, the amount of money taken is aggregated, so the important number is the grand total taken from the particular victim. (Put another way, for example: 5 thefts of $10,000 from the same victim are almost always charged as a single aggregate theft of $50,000, not as five counts of $10,000 theft). Theft of $1000 or more typically qualifies as a Class E non-violent felony (Grand Larceny in the Fourth Degree, Penal Law Section 155.30[1]), theft of $3000 or more is a Class D non-violent felony (Grand Larceny in the Third Degree, Penal Law Section 155.35), theft of $50,000 or more is a Class C non-violent felony (Grand Larceny in the Second Degree, Penal Law Section 155.40), and theft of $1,000,000 or more is a Class B non-violent felony (Grand Larceny in the First Degree, Penal Law Section 155.45). The potential sentencing ranges for these charges are further explained here. In our experience, plea bargains that involve restitution in lieu of jail can sometimes be negotiated where the amount of money stolen is not too great and the arrestee has an ability to repay the money.

Furthermore, the embezzler may potentially face charges relating to the falsifying of business records. Those charges come from Penal Law Chapter 175. Penal Law Section 175.00 defines the applicable terms in the chapter:

175.00 Definitions of terms. The following definitions are applicable to this article: 1. “Enterprise” means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity. 2. “Business record” means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity. 3. “Written instrument” means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

Falsifying business records charges can be Class A misdemeanors or Class E felonies. The elements of those crimes are explained in Penal Law Sections 175.05 and 175.10 (see below). In a nutshell, the misdemeanor charge becomes a felony when the accused falsified the business record in order to commit another crime (such as Grand Larceny). Thus, the typical embezzler is liable for a Class E felony that could make him subject to a consecutive prison sentence.

S 175.05 Falsifying business records in the second degree. A person is guilty of falsifying business records in the second degree when, with intent to defraud, he: 1. Makes or causes a false entry in the business records of an enterprise; or 2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or 3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or 4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise. Falsifying business records in the second degree is a class A misdemeanor.

S 175.10 Falsifying business records in the first degree. A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony.

Interestingly, Penal Law Section 175.15 does provide a defense for suspects that may have only falsified business records per the instructions of their superiors:

S 175.15 Falsifying business records; defense. In any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.

The attorneys at The Law Office of Matthew Galluzzo are former Manhattan prosecutors with extensive experience investigating embezzlement and other forms of in-house theft and fraud. We have defended individuals suspected of having committed these types of crimes in courts throughout the New York area. We also assist corporations, condo/co-op boards, and other organizations with their internal investigations in situations where they believe that one of their employees is stealing from them. Thus, if you need either criminal defense representation or assistance discovering the thief in your organization, you should strongly consider hiring the experienced former prosecutors and criminal defense attorneys at the Law Office of Matthew Galluzzo. Call them today to schedule an appointment and receive a fair quote for their services.

The frequency of prosecutions for Burglary in the Third Degree can be attributed largely to the rise in the use of “trespass notices” by major retail chains like Duane Reade, Macy’s, J&R, etc. It is very common for shoplifters caught by store security at a major retail chain store to be forced to sign a “trespass notice,” meaning that they acknowledge that they no longer have the store’s permission to shop at the store (or at any other branches of the store chain, typically). (This happened to a woman at an Upper East Side Fairway grocery store in a well-publicized case recently.) These “trespass notices” basically allow store security guards to immediately arrest anyone that has received one the next time they step foot in the store. The applicable charge for merely stepping foot inside a store where one has been given a “trespass notice” is generally Criminal Trespass in the Fourth Degree [Penal Law Section 140.05], a violation. However, when someone is caught attempting to steal property from inside a store in which they already have a trespass notice, they are suddenly on the hook for a felony – Burglary in the Third Degree (Penal Law Section 140.20). The penalties for that crime can be very serious, such as numerous years in upstate prison. Consider for a moment also that without that trespass notice, the defendant could typically only be charged with Petit Larceny (Penal Law Section 155.25), a class A misdemeanor punishable by up to just one year in jail, or Attempted Petit Larceny (Penal Law Section 110/155.25), a class B misdemeanor with only 90 days as the maximum.

These trespass notice burglary cases are routinely indicted because they are usually quite easy for a prosecutor to indict. First, the prosecutor can easily prove that the defendant was aware of the trespass notice with a “trespass notice affidavit” from a store security guard, in which the store security guard affirms that he in fact had previously informed the defendant that he/she was no longer allowed inside the store, and that she signed a document acknowledging this warning. Notably, photos of the defendant are usually attached to this trespass notice and kept on file by the store security. Thus, the only real remaining element for the prosecutor is typically “the intent to commit the crime therein” on the part of the defendant. If the prosecutor can show that the person in the store was concealing property, or making way for the exit without paying, or carrying “burglar’s tools” such as foil-lined bags designed to subvert security systems, then the prosecutor can generally indict – and convict – someone of this crime. Fortunately, there are numerous strategies that experienced criminal defense attorneys can use to prevent indictments and convictions.

If you or a loved one have been arrested for a “trespass notice burglary” and charged with Burglary in the Third Degree (Penal Law Section 140.20), you should strongly consider contacting the smart and aggressive defense attorneys at the Law Office of Matthew Galluzzo. They apply their expertise gleaned from years as having worked as Manhattan prosecutors towards defending their clients or negotiating favorable plea bargains. Call them or email them anytime to set up an appointment or have them appear at any arraignment.

First of all, the question may arise, “What is bail?” Bail is simply a condition set forth by the Court that the defendant must first comply with before he can be released from the custody of the New York City Department of Corrections. In most cases, that would be an amount of money designated by the judge in either cash or bond. The difference between these two methods of bail will be explained later.

It should be noted that in the case of many first-time offenders, no bail will be set at all. This is because the purpose of bail is to ensure that the defendant returns to court to answer for the charges. Contrary to popular belief, bail is not supposed to be “preventative detention,” or a way to prevent people from committing future crimes. Thus, if a defendant is an otherwise law-abiding citizen, and the charge is not serious enough to warrant bail, a judge may simply release him or her on their own recognizance. This is sometimes called “ROR.” In other cases, however, a judge may determine that a certain amount of bail is appropriate even for a first time offender. The criteria that the judge will consider is set forth in the Criminal Procedure Law:

2. To the extent that the issuance of an order of recognizance or bail and the terms thereof are matters of discretion rather than of law, an application is determined on the basis of the following factors and criteria: (a) With respect to any principal, the court must consider the kind and degree of control or restriction that is necessary to secure his court attendance when required. In determining that matter, the court must, on the basis of available information, consider and take into account: (i) The principal’s character, reputation, habits and mental condition; (ii) His employment and financial resources; and (iii) His family ties and the length of his residence if any in the community; and (iv) His criminal record if any; and (v) His record of previous adjudication as a juvenile delinquent, as retained pursuant to section 354.2 of the family court act, or, of pending cases where fingerprints are retained pursuant to section 306.1 of such act, or a youthful offender, if any; and (vi) His previous record if any in responding to court appearances when required or with respect to flight to avoid criminal prosecution; and (vii) If he is a defendant, the weight of the evidence against him in the pending criminal action and any other factor indicating probability or improbability of conviction; or, in the case of an application for bail or recognizance pending appeal, the merit or lack of merit of the appeal; and (viii) If he is a defendant, the sentence which may be or has been imposed upon conviction.

Many of these factors are self-explanatory. If a person has a prior criminal history, or a record of not showing up to court, the judge will probably set an amount of bail that he or she feels is necessary to secure his or her attendance in court. However, if the charge is serious, then it is very important to try to retain an experienced New York City criminal lawyer before your friend or loved one sees the judge. The lawyer will be able to assist in gathering information and proof that the judge will consider in making the court’s bail decision. This material can include papers considering his or her employment, paystubs, proof of residence, and other material that will be helpful in convincing the court to either ROR the defendant or set an amount of bail that he or she can actually make.

Assuming that the judge sets bail, one needs to be informed as to the precise method specified by the court. For example, a judge may set bail in the amount of $100,000 bond over $50,000 cash. The best way to explain this is to start with the cash alternative. In this example, if a family member has $50,000 in cash, that can be posted to secure the defendant’s attendance, with no other steps being necessary. Bail can be paid either at the courthouse or the corrections facility where the defendant is being held. If the bail is going to be made at the court, it is probably best to speak with an attorney to get an idea of how much the bail may be so that you can come prepared with money necessary. On the other hand, if the defendant chooses to go with the $100,000 bond alternative, he or she must deal with a bail bondsperson. The bondsperson’s job is simply to gauge the amount of risk he or she is willing to take that the defendant will return to court when required. In exchange for taking on this risk, he or she takes a fee. Every situation is different, but a bondsperson will usually ask the friend or family member of the arrested person to pay a percentage of the total bond amount, and then provide some sort of security for the remainder. Again using the example of a $100,000 bond, the bondsman may ask for $10,000 cash, and the deed to a home or other form of collateral to secure the other $90,000. At the end of the case, the bondsperson will give you back the cash you posted, less a fee that he or she takes for assuming the risk.

Remember that in dealing with a bondsperson, they may have reporting requirements or “check ins” that will occur periodically to ensure that they are in touch with the defendant. If the defendant does not comply with the conditions of the bond, the bondsperson can go to the court and ask that the bond be revoked and that the defendant be taken into custody.

With that said, the best possible thing to do is to retain an attorney before the initial hearing because the attorney can do two things: (1) make a reasoned and cogent argument to the judge as to why no bail should be set (“ROR”) or that a lower amount of bail is necessary than what the Assistant District Attorney may ask for and (2) if bail is set, put you in touch with a respectable bail bondsperson and assist in the bail making process.

Should you need advice as to how any of this works, you should contact a New York City bail attorney.