Federal Summons - The Law Office of Matthew Galluzzo, PLLC

Galluzzo secures dismissal of federal misdemeanor charge

The Law Office of Matthew Galluzzo, PLLC Team — Thu, 23 Mar 2023 16:59:00 GMT

This week, Mr. Galluzzo obtained an excellent result for a client charged with a federal misdemeanor crime in Central Islip (EDNY) federal court.

The client, an attorney, was originally issued a summons by a park ranger for allegedly engaging in obscene conduct in a federal park in Fire Island. The summons suggested that he should resolve the case by paying a fine. However, such a guilty plea through the mail would have resulted in him being convicted of a federal misdemeanor crime. The client instead elected to go to court with Mr. Galluzzo as his counsel.

At the first appearance in federal court, Mr. Galluzzo spoke to prosecutors about the client’s exceptional background and the impact that a criminal conviction would have on his future and his career. The prosecutor was thus persuaded to dismiss the criminal charges in exchange for a $50 fine, which the client was happy to pay to resolve the matter.

So, rather sustain a permanent and public criminal record by paying the fine, the client had his federal criminal charges dismissed and there will be no public record of the case. If you or a loved one have been issued a summons for a federal misdemeanor, you should strongly consider contacting an experienced criminal defense attorney to assist you. It may seem like no big deal to plead guilty or pay a fine, but the consequences for your criminal record – including your career, your immigration status, and your future – could be jeopardized by such a decision.

United States District Court Violation Notices – a Dangerous Trap for the Uninformed

The Law Office of Matthew Galluzzo, PLLC Team — Fri, 02 Oct 2020 14:14:00 GMT

United States District Court Violation Notices – a Dangerous Trap for the Uninformed

People who commit minor offenses on federal property (such as parks, beaches, government buildings, or national monuments) sometimes receive United States District Court Violation Notices. These notices look a bit like traffic tickets or criminal summonses (see links below). They typically list the offense charged and the date and time of the offense. They also usually offer the option to pay a fine through the mail or request an appearance in court. Many people elect to simply pay the fine through the mail because they think it is harmless to do so. (And, the arresting officers usually tell them that it’s no big deal and they should just pay the fine). However, most of the time, pleading guilty through the mail actually constitutes a guilty plea to a crime that will show up on a background check. These offenses are typically misdemeanors and the records of conviction are publicly available through the federal Central Violations Bureau. Those convicted of a federal petty offense have to respond “yes” to the question as to whether they have been convicted of a crime, and of course those professionals with employment-related licenses may be obligated to report these convictions to their certification boards. See the links below to a typical violation notice:

violation notice (page 1) violation notice (page 2)

In short, people who receive these offenses should probably not take legal advice from their arresting officers and plead guilty by mail. They should instead retain an attorney to discuss their legal options. The most obvious legal option is to request a court date in federal court and bring an attorney to represent them. Their attorney may be able to negotiate a disposition to the matter – such as an adjournment in contemplation of dismissal – that will permit the defendant to resolve the case with a criminal conviction. These cases can also ultimately be tried on the merits as well. Generally, these are bench trials conducted by a magistrate (meaning that there is no right for a defendant to have a jury to decide a case at this level), but otherwise the same procedures and rules of evidence apply to this sort of trial as it would to a felony offense.

Mr. Galluzzo of the Law Office of Matthew Galluzzo PLLC is an experienced criminal defense attorney and former prosecutor who has represented numerous people charged with federal misdemeanors. If you have received a notice for a federal petty offense, you should strongly consider retaining his services to achieve the best possible result for yourself.

Criminal laws pertaining to unruly airplane passengers

The Law Office of Matthew Galluzzo, PLLC Team — Tue, 06 Nov 2018 14:31:00 GMT

Between 2007 and 2016, over 58,000 unruly passenger incidents were reported on International aircraft in-flight by the International Air Transport Association (IATA). In 2016, the rate was one incident for every 1.424 flights. The majority of reports were Level 1 incidents which are verbal in nature and can usually be dealt with to a successful conclusion by crew using de-escalation training. 12% of reports relate to Level 2 incidents which involve physical aggression to others or damage to the aircraft. Intoxication from alcohol or drugs was identified as a factor in 33% of reported cases. Unruly passenger incidents include violence against crew and other passengers, harassment, verbal abuse, smoking, failure to follow safety instructions and other forms of riotous behavior. Recently, a woman was removed from a Frontier Airlines flight when she attempted to fly with her “emotional support” squirrel and then refused to get off the plane when she was told rodents, including squirrels, are not allowed on Frontier flights. Frontier, like many airlines, has a policy on emotional support and trained service animals allowing cats, dogs and miniature horses. Federal regulations do permit them on airplanes but give the airlines permission to turn away unusual animals, like squirrels. The passenger was advised of the policy and asked to deplane, but when she declined, other passengers were forced to deplane so that authorities could remove the woman from the aircraft.Although such acts are committed by a tiny minority of passengers, they have a disproportionate impact, create inconvenience, threaten the safety and security of other passengers and crew, and lead to significant operational disruption and costs for airlines. The aircraft cabin is a unique space and it is necessary to recognize the limitations that exist when you are flying in the air in a metal tub. As a result, these sorts of in-flight disturbances frequently result in law enforcement officers becoming involved.One of the likely reasons for the increasing reports of disruptive passengers is the existence of a gap in international law and the fact that many countries don’t apply their laws to foreign aircraft arriving on their soil. Passenger behavior is subject to the law of the country the plane is registered in. The passengers responsible often walk away and victims of violence can’t always take practical legal actions. Yet, American Federal law bans passengers from interfering with flight crew. Also, certain acts which would be punishable if they occurred in the special maritime and territorial jurisdiction of the United States, defined in 18 U.S.C. § 7, are made criminal under 49 U.S.C. § 46506(1) (formerly 49 U.S.C. App. § 1472(k)(1)) if they occur within the special aircraft jurisdiction of the United States.The proscribed acts are assault (18 U.S.C. § 113), maiming (18 U.S.C. § 114), embezzlement and theft (18 U.S.C. § 661), receiving stolen property (18 U.S.C. § 662), murder (18 U.S.C. § 1111), manslaughter (18 U.S.C. § 1112), attempted murder or manslaughter (18 U.S.C. § 1113), sexual abuse offenses (18 U.S.C. §§ 2241 to 2244), and robbery (18 U.S.C. § 2111).The most common unruly incidents are assault on flight attendants and sexual assault on other passengers, which can be prosecuted with federal criminal charges such as:

18 U.S. C. § 2241 – aggravated sexual abuse18 U.S. C. § 2244 – abusive sexual contact

But also with specific charges:

49 U.S. C. § 46504 – Interference with flight crew members and attendants: “An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.”49 U.S. C. § 46507 – False information and threats: “An individual shall be fined under title 18, imprisoned for not more than 5 years, or both, if the individual—

(1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human life, gives, or causes to be given, under circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506 of this title; or(2)(A) threatens to violate section 46502(a), 46504, 46505, or 46506 of this title, or causes a threat to violate any of those sections to be made; and(B) has the apparent determination and will to carry out the threat.”

18 U.S. C. § 32 – Destruction of aircraft or aircraft facilities

However, Department of Justice figures show that just 11% of cases brought to the Federal Aviation Administration between 2001 and 2014 rose to the level of federal criminal prosecution. Moreover, even when there is a criminal prosecution, a plea agreement is often approved for the reduced misdemeanor charge of simple assault (18 U.S.C § 113). The airlines are sometimes reluctant to press criminal charges against the traveler because of fears that bad press could hurt the airline’s image, which can be surprising considering that many disruptive passengers can cost airlines big money, because it can cost between $10.000 and $200.000 to perform an unscheduled landing divert a flight or disembark an unruly passenger.[If you or a loved one is involved in an unruly passenger case, do not hesitate to reach out to The Law Office of Matthew Galluzzo; our team of former prosecutors and experienced criminal defense attorneys can help you with your case.]