Non-citizens and immigration issues

Published on: September 15, 2023

Woodbury Commons: Desk Appearance Tickets for foreign citizens accused of shoplifting

Woodbury Commons, located in Woodbury, New York, is a well-known outlet mall with high-end stores including: Adidas, Armani, Balenciaga, Balmain, Burberry, Brioni, Canali, Chloe, Coach, Dior, Dolce & Gabbana, Fendi, Ferragamo, Givenchy, Gucci, Jimmy Choo, Kate Spade, Kenzo, Lacoste, Lanvin, Longchamp, Lululemon, Maison Margiela, Marc Jacobs, Michael Kors, Moncler, Montblanc, Movado, Nike, Roberto Cavalli, Prada, Polo Ralph Lauren, Theory, Tom Ford, Tory Burch, Tumi, Tag Heuer, North Face, Versace, and Zegna, among many others.

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.

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Published on: July 26, 2023

Desk Appearance Ticket at NYC Airports

By Matthew J. Galluzzo

New York City is one of the best cities in the world to visit and it attracts tourists from all over the world. Unfortunately, a few of them are arrested every day at the New York City airports: LaGuardia and JFK (John F. Kennedy). Most of them receive Desk Appearance Tickets for misdemeanor offenses. These arrests typically involve generally law-abiding citizens accidentally carrying something in their luggage that is illegal in New York, such as a weapon (Penal Law Section 265.01) or a controlled substance (Penal Law Section 220.03). Sometimes, Port Authority Police also make arrests and give Desk Appearance Tickets for offenses at the airport like trespassing (Penal Law 140.10), shoplifting (Penal Law 155.25 or 165.40), public lewdness (Penal Law Section 245.00) or assault (Penal Law Section 120.00). These tickets typically direct the arrest person to appear in court about a month later at the Queens Criminal Courthouse located at 125-01 Queens Boulevard in Kew Gardens, New York.

Although the offenses may seem minor at first, these cases in fact present very real risks to the arrested persons: possible permanent and public criminal records, immigration consequences, prison time, loss of employment, and financial penalties, among others. For out-of-town tourists, they present an additional problem, though: appearing in court personally can be logistically very difficult, especially if the case involves multiple appearances. Traveling across the country (or across an ocean) means potentially missing time from work, school and/or family obligations, not to mention the expense of traveling.

Matthew Galluzzo has perfected a system of client affidavits that often permits him to appear – in certain cases – on behalf of out-of-town or foreign clients. Using these affidavits, he has frequently been able to appear without his clients and resolve cases favorably for those clients. He has helped dozens of New York visitors resolve misdemeanor cases without appearing personally in New York City for their court appearances. Not every case can be resolved this way, but many can.

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Published on: December 6, 2022

Federal narcotics importation charges – 21 USC 952 and 960.

By Matthew J. Galluzzo

Most defendants charged with narcotics trafficking in federal court are charged with violations of 21 U.S.C. Section 841 and 846. The potential penalties for those offenses generally depend upon the type of narcotic at issue, the quantity trafficked, and whether anyone died as a result of consuming those narcotics.

A person does not have to be physically transporting narcotics to be guilt of this crime. Federal prosecutors routinely pursue people for conspiring with others to commit this crime, such that one defendant might be accused of physically transporting narcotics while other members of the members of the conspiracy play different roles in the planning and delivery of the narcotics or its proceeds. Indeed, these crimes are frequently charged along with 21 U.S.C. 846, the conspiracy statute.

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Published on: October 25, 2022

LOMG obtains dismissal of Assault and Forcible Touching charges for client

By Matthew J. Galluzzo

On October 24, The Law Office of Matthew Galluzzo PLLC successfully secured the full dismissal of misdemeanor Assault in the Third Degree, Forcible Touching, and Sexual Abuse in the Third Degree charges for a client in Manhattan criminal court. Our client, a holder of an H1B visa, allegedly groped a woman’s buttocks and punched a man in the face in a nightclub in Manhattan. The investigative team at the Law Office of Matthew Galluzzo PLLC performed its own investigation of the incident and presented its findings, which told a very different story. About three months after our client’s arrest, the Manhattan D.A.’s Office moved to dismiss all charges and our client’s arrest record was sealed. He can now move forward with his life – including his anticipated application for American citizenship – without having to worry about this unfortunate incident impeding his future.

If you or a loved one have been arrested and charged with misdemeanor assault or forcible touching in New York City, you should strongly consider contacting the experienced team at the Law Office of Matthew Galluzzo PLLC. Their lead counsel is a former Manhattan prosecutor with considerable experience representing foreign citizens, with a strong track record of success.

Published on: March 26, 2022

International Extradition Defense

By Matthew J. Galluzzo

Extradition is the process by which a person wanted for (or convicted of) a crime in another country is seized by local law enforcement and delivered to the nation seeking to prosecute. The United States has extradition treaties with most of the other nations of the world. See 18 U.S.C. 3181. Each of these treaties is unique, however. So, before determining whether a person on American soil can or will be apprehended and extradited, the applicable treaty must be read and examined.

Generally speaking, if a foreign nation suspects that a person it wants to prosecute is currently on American soil, it will send a request for an arrest of that person to American federal law enforcement. If the U.S. government determines that its treaty with the other nation requires it to deliver to that nation a person currently on American soil, an American federal prosecutor will seek an arrest warrant and then an extradition certification for that person.

Once the person is in custody, the accused can attempt to prevent the transfer to the requesting nation. As a practical matter, it is normally difficult to succeed in preventing the transfer. The trial of the person’s guilt or innocence is not had on American soil – that happens in the requesting nation. In deciding whether to certify an extradition, an American court’s review is limited to determining: (1) whether the court has jurisdiction; (2) whether the offense charged is covered by the applicable treaty; (3) whether that treaty is in force; and (4) whether there is sufficient evidence to support a finding of probable cause for the charges. 31 U.S.C. § 3184.

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Published on: October 23, 2018

Federal drug/narcotics conspiracy charges (21 USC 841 and 21 USC 846)

By Matthew J. Galluzzo

A huge percentage of the criminal cases in federal court involve charges relating to the trafficking of drugs, narcotics, and controlled substances. Convictions for these crimes carry serious penalties and sometimes involve mandatory minimum prison sentences. Usually, a person accused in federal court of possessing or trafficking controlled substances is charged with violating 21 USC 841, which makes it a crime to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance. Section 841(b) sets forth the potential penalties for this offense, and it depends primarily upon the quantity of controlled substance possessed/distributed in the aggregate. What matters for sentencing purposes is not the number of transactions or the frequency of the activity, but the total volume of drugs possessed or distributed over time. If the quantities involved surpass a certain threshold (depending on the drug), as set forth in Section 841(b), then there can be serious mandatory minimum prison sentences for the offenders. Those mandatory minimum sentences notwithstanding, the potential penalties for these offenses are governed by the complex system set forth in the federal sentencing guidelines. For more on the federal sentencing guidelines, click here.

Federal cases involving narcotics charges typically are the result of long-term investigations by the FBI, the DEA, Homeland Security, or a joint task force involving local police like the NYPD. As such, there are oftentimes wiretaps, surveillance tapes, confidential informants, and search warrants. An effective defense requires an attorney who can review the evidence and the law enforcement processes to determine whether any constitutional rights were violated.

Many unfortunate individuals never actually possessed or distributed narcotics but nonetheless find themselves charged in federal court on account of the conspiracy laws encapsulated in 21 USC 846. That statute explains: “Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” Basically, this means that a person who plays any knowing role whatsoever in another person’s illegal business is criminally liable for the entirety of that conduct. For example, a person who introduces two people for the purpose of a drug transaction can be expected to be charged as an equal to whatever drug transaction ultimately occurred. A person who acts as a lookout during a drug transaction could be treated as equally culpable to the seller of the narcotics. A person who simply rents an apartment to someone whom he knows is dealing drugs from the apartment could be guilty of “conspiring” to assist the dealer. These are just a few examples of people who could be charged in ways that seem unfair in light of their relatively modest role in the crime. We have however defended many girlfriends of drug dealers and casual acquaintances of true criminals who have found themselves knee-deep in serious federal cases after having had only fleeting or tangential involvement in the cases. But this is the reality of federal conspiracy law.

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Published on: March 28, 2017

Desk Appearance Tickets and Visas / Green Cards

By Matthew J. Galluzzo

New York City owes much of its energy and excellence to the foreign citizens living and working here. Unfortunately, a visa or green card holder’s right to remain in the United States can be seriously jeopardized by a Desk Appearance Ticket, even when the charges are comparatively minor misdemeanors. Many visa holders fail to take these arrests sufficiently seriously because the charges seem minor (like marijuana or subway fare theft) or because the arresting officer tells them “it’s no big deal.” Truthfully, though, career, educational, and family plans can be completely devastated by even a minor case of walking through the subway gate without paying, so it is absolutely critical that a foreign person arrested and issued a Desk Appearance Ticket retain competent counsel immediately.

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.
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Published on: March 7, 2016

Non-citizens arrested for drug charges at JFK, Newark, and LaGuardia Airports

By Matthew J. Galluzzo

Foreign citizens and drug importation charges at JFK, Newark, and LaGuardia Airports (federal controlled substance crimes)

American demand for illegal drugs, combined with harsh federal and state laws prohibiting their sale and possession, has created a black market that can be extraordinarily lucrative for illegal drug traffickers. Enticed by the potential to make significant amounts of money very quickly, many foreign citizens make the mistake of attempting to import controlled substances into the United States through New York City’s international airports (JFK and Newark, and to a lesser extent, LaGuardia). Those individuals caught in the act of importing narcotics typically face federal criminal charges like 21 U.S.C. § 952 (importing controlled substances) or 21 U.S.C. § 841 (possessing controlled substances with intent to distribute). Indeed, one study concluded that approximately 75% of those individuals sentenced for federal drug convictions in 2014 were illegal immigrants or foreign citizens.

http://www.washingtonexaminer.com/illegal-immigrants-responsible-for-almost-three-fourths-of-federal-drug-possession-sentences-in-2014/article/2567814

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Published on: February 19, 2016

First Arrest for Shoplifting/Petit Larceny in New York City

By Matthew J. Galluzzo

Arrests for shoplifting are incredibly common in New York City, and many of those individuals arrested for shoplifting are being arrested for the first time. Though arresting police officers typically assure people that the arrests are trivial and will not have any lasting consequences, the truth is that these cases need to be handled carefully because even seemingly small cases like these can have tremendous negative implications for hardworking people.

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.

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Published on: January 4, 2016

Arrests for failure to pay taxi fare (Desk Appearance Tickets)

By Matthew J. Galluzzo

One of the great things about New York City is that a fun night of partying can be had relatively safely because taxis are so readily available to drive residents home. The proliferation of Uber has also made it easier for people without cash on hand to get a ride home after a night of drinking. However, sometimes, people having a good time in the city get into taxis without realizing that they don’t have any way of paying for the taxi – either they don’t have enough cash on hand or they have forgotten their wallet at the bar. It is a common and honest mistake made time and again by law-abiding citizens and professionals in New York City. What is surprising to most people, however, is that this mistake routinely results in a criminal arrest that can have serious immigration and job consequences for the person that made the innocent mistake.

Though it seems like a simple and small matter that ought to be handled civilly, taxi drivers typically will call police or drive their passengers to police precincts for arrest. There, police officers will typically arrest the passengers and fingerprint them and give them Desk Appearance Tickets charging them with one count of Theft of Services, a class A misdemeanor in violation of Penal Law Section 165.15 (PL 165.15). Recently, the stepdaughter of Attorney General Loretta Lynch was arrested for this mistake (though the arrest was ultimately voided when her boyfriend came to the precinct and paid her fare), and the attorneys at the Law Office of Matthew Galluzzo have represented dozens of people charged criminally under this scenario.

A conviction for a misdemeanor gives a person a permanent criminal record and potentially carries a maximum jail sentence of one year. However, this is not a typical result for most individuals arrested and charged with Theft of Services (PL 165.15). It should be noted that a person is only guilty of this crime if he or she intends to withhold payment for taxi services – in most of these cases, the failure to pay is an accident, and not intentional. That being said, the arrest itself can have serious consequences for some professionals and non-citizens.

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