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Muchos neoyorquinos y otros han sido arrestados y recibieron lo que se conoce como Desk appearance ticket. Un ejemplo de tal ticket se encuentra a continuación.

Desk Appearance Tickets pueden ser emitidos en casos que involucren asuntos de violaciones menores o delitos menores, y se dan a menudo a las personas que son arrestadas por poseer pequeñas cantidades de marihuana en la ciudad de Nueva York. Estos Desk Appearance Tickets pueden no ser emitidos en conexión con un arresto de clase A, B, C o D, pero con pocas excepciones, pueden ser emitidos por cualquier delito menor o violación. Por lo general (si no siempre) es el caso en la ciudad de Nueva York, que la policía no emitirá un Desk Appearance Ticket a una persona con antecedentes penales anteriores.

El Desk appearance ticket requerirá que el acusado aparezca en una cierta fecha para responder por el cargo establecido en el ticket. Una vez que el acusado llegue al tribunal, un procesamiento criminal de él o ella comenzará de la misma manera que si él o ella hubiera sido detenido ese día o el día antes de la fecha de ingreso. Esto puede implicar que el demandado sea acusado de una infracción o delito menor. No hay garantía, sin embargo, de que el cargo que aparece en el Desk Appearance Ticket sea idéntico al que se encuentra en la denuncia. De hecho, el fiscal puede revisar los hechos del caso con los agentes de policía y otros testigos y decidir proceder con cargos diferentes, adicionales o incluso más graves. Si usted ha sido detenido y le han dado un Desk Appearance Ticket, usted debe consultar con abogados penales que habitualmente manejan los asuntos de Desk appearance tickets antes de llegar a la corte en la fecha especificada en el ticket.

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An F1 visa is a non-immigrant visa granted to people abroad who wish to enter the United States in order to attend academic institutions, training programs, or conservatories. As is the case with any non-citizen, an arrest and conviction for even the most petty offense can trigger serious consequences for an F1 visa holder, including revocation of the visa itself. While the stakes in every criminal case are high, things become even more complicated with F1 visa defendants. To be sure, a criminal attorney needs to be especially diligent when representing any non-citizen facing criminal prosecution for the simple reason that a drastic change in immigration status can potentially accompany any period of incarceration, probation, or even non-jail. As the lawyers at Galluzzo & Arnone have always urged, it is of utmost importance for non-citizens who are arrested to secure experienced counsel as early as possible in the case, and especially before any plea bargan is entrered into. Crafting pleas with an eye towards preserving citizenship/visa status is a delicate and nuanced process, which is why F1 Visa holders require experienced counsel to avoid all of the potential pitfalls.

Our lawyers have a great track record of representing F1 visa holders who are arrested in New York for charges including Petit Larceny, Assault, DWI, Theft of Service, Criminal Possession of a Controlled Substance, Marijuana possession, Weapons possession and more. One of the advantages F1 visa holders do have is that they often have minimal criminal justice contacts, if any, as well as solid resumes since they have been granted access to attend one of New York’s many fine academic institutions (many of our clients have attended Columbia or New York University, to name a couple). As former prosecutors, we are able to marshall our clients’ strengths and put together an effective and targeted strategy in each case in order to secure the best possible outcome. Our goal is always to leave our clients’ records intact, as well as ensure that they are able to preserve their visas and continue their studies here with minimal distraction. Our lawyers have also secured countless dismissals in such cases, which provides the best outlook for any non-citizen facing criminal prosecution.

If you or a loved one are studying here in the US on an F1 visa and have been arrested and charged with a crime or violation offense, do not hesitate to contact our team of experienced criminal defense lawyers at Galluzzo & Arnone as soon as possible so as to avoid any negative consequences.

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O-1 visas are granted to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O-1A), as well as those with a demonstrated record of extraordinary achievement in the motion picture or television industry, and who have been recognized nationally or internationally for those achievements (O-1B). O-2 visas are granted to those who accompany O-1’s for the purpose of assisting them in a specific event or performance. USCIC requires an O-2 play an “integral” role in the assistance of an O-1A’a activity, or provide “essential” assistance to the completion of an O-1B’s production. O-3 visas are granted to spouses or children of O-1 and O-2 holders. All three types of visas are usually granted for a period of up to three years, after which they may be extended in one-year increments, without limitation.

As in the case of any non-citizen, the stakes are higher for O-1, O-2 and O-3 visa holders who are arrested because they face the risk of visa revocation on top of any sentence which is authorized for the crime they’ve been arrested for. For this reason, our lawyers are extraordinarily diligent in their representation of visa holders (as well as non-citizens in general), where a great deal of effort must be placed on crafting dispositions with an eye towards preserving our clients' immigration status. In addition to being accomplished trial litigators, our attorneys are also top-notch negotiators who have secured many dismissals and non-criminal dispositions for our clients. Specifically, the attorneys at Galluzzo & Arnone have represented countless visa-holders with an impeccable record of success. For all of these reasons, it is imperative for any non-citizen who has been arrested (even given a Desk Appearance Ticket) to contact us as early in the process as possible. Even those charged with seemingly “minor” misdemeanors need to be diligent, for example, those charged with: 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), Assault in the Third Degree (PL 120.00), and Criminal Possession of a Weapon in the Fourth Degree (PL 265.01).

Keep in mind, U.S. visa posts routinely perform criminal background checks on visa applicants, which can lead to devastating consequences for those who don't navigate the system properly, including, but not limited to, initiation of removal proceedings. For a myriad of reasons, it is critical for any O-1, O-2 or O-3 visa holder to contact an experienced attorney who understands the delicate nuances and immigration consequences posed in each of these cases. To be sure, the lawyers at Galluzzo & Arnone have successfully represented O-1 visa holder with great success. If you or a loved are faced with a criminal prosecution, contact our attorneys without delay.

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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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Arrests for thefts from employers

Our attorneys have defended many individuals arrested for allegedly stealing from their employers. Many of them were responsible for their employers’ payrolls and were accused of writing fraudulent or fictitious checks. Others were accused of concealing personal purchases or transfers of money using company bank accounts or corporate credit cards.

When confronted by an employer in this situation, individuals should understand that anything they say to their employers can be used by law enforcement against them in later criminal prosecutions. Many people accused of stealing from their employers face a unique dilemma. Sometimes, an individual in this situation may be able to avoid having his or her employer report him or her to the police by repaying the allegedly stolen money. Of course, returning stolen money (or agreeing to do so) conversely also tends to prove that the money was, in fact, stolen. Thus, an offer to repay the money may help avoid a suspected embezzler avoid arrest, but if it fails to persuade the employer not to complain to the police, that offer to repay the money will make it very difficult to avoid a criminal conviction at trial. Thus, offering to repay the money is a risky move for a person in this situation, and can backfire. Sadly, some people agree to repay money that they didn't even steal, or agree to repay more than they actually took, and then get arrested and find themselves in very difficult and unfortunate situations.

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On Jan. 29, 2017, Eric Arnone was quoted in the New York Times regarding former colleague Justice Ann M. Donnelly, the Federal Judge who ordered a temporary stay of President Trump's recent "Travel Ban" executive order. Trump's order has, in practice, targeted and affected people of Muslim decent.

The New York Times sought Arnone's comment as he formerly worked as a colleague of Justice Donnelly's at the New York County District Attorney's Office in the mid-2000's. Describing Judge Donnelly as having a "great reputation for being a fair and diligent prosecutor," Arnone was quoted alongside another former colleague Linda Fairstein and current District Attorney Cyrus R. Vance, Jr., both who had great things to say about the jurist.

Arnone applauded the jurist – one who many look to as a hero – for her block of the Executive Order: “Today, Judge Donnelly stated in unequivocal terms that this administration — one with no apparent historical and constitutional rudder — will not go unchecked or unbalanced."

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After over a year of zealous fighting on behalf of his client in Manhattan State Supreme Court, Eric Arnone secured dismissal on charges of Criminal Possession of a Weapon in the Second Degree, Criminal Possession of a Controlled Substance in the Third and Fourth Degree, and Criminally Using Drug Paraphernalia in the Second Degree, in favor of a client who was accused of committing these serious felonies at the age of eighteen. The charges stemmed from an incident in which members of the NYPD executed a search warrant at an apartment he was staying in. If convicted, the young client faced fifteen years in state prison. Instead, he will avoid jail time as a result of the aggessive defense which established his innocence of the now dismissed indicted charges. As a result, the client's record will remain clear, paving the way for him to pursue his dream of serving in one of the branches of the United States military.

If you or a loved one are wrongfully accused of any offense, contact the experienced attorneys at Galuzzo & Arnone LLP – they have a proven track record of success and will fight just as agressively for you.

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G&A defense attorney Matthew Galluzzo recently earned a stunning trial acquittal in a federal sexual abuse case that had been extensively covered in the press. The client, charged with one count each of sexual abuse on an airplane (18 U.S.C. 2244(b)) and assault on an airplane (18 U.S.C. 113(a)(5)), went to trial in Brooklyn federal court (the Eastern District of New York) before Judge Pamela Chen. The jury deliberated about a day and acquitted the client of all charges, accepting his defense that his touching of the complainant had been an involuntary act committed while asleep. Five eyewitnesses testified for the prosecution.

If you or a loved one have been accused of a sex crime, you should strongly consider contacting the experienced criminal defense attorneys at Galluzzo & Arnone. In particular, Matthew Galluzzo is a former Manhattan sex crimes prosecutor and widely recognized expert on the investigation, prosecution, and defense of rape and sexual assault charges.

Some articles about the case from the press:

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Galluzzo & Arnone is now on Instagram! Follow the adventures of our attorneys and staff as they fight for their clients in state and federal court (and relax after hours).

The Instagram handle is "newyorkdefenselawyers" and we will be updating frequently.

Click below to see and learn more about us:

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Woodbury Commons Desk Appearance Ticket for Shoplifting (Penal Law Section 155.25)

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.