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Long Island, New York Criminal Defense Blog

Wednesday, April 1, 2015

In New York, What is Aggravated Driving While Intoxicated?

In Nassau County and Suffolk County (Long Island), arrests for Driving While Intoxicated are very prevalent.  It seems as though the word is still not out that to all that Drinking and Driving is not longer socially acceptable (if it ever was) and the police are cracking down hard and the District Attorney's Office and Judges are getting tougher with their plea bargaining policies and sentences respectively.  

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Wednesday, January 14, 2015

In New York, What is the Difference Between Petit Larceny and Grand Larceny?

In New York, many people think the sole difference between Petit Larceny and Grand Larceny is the monetary amount that is alleged to be taken, but that is wrong.  Some property, when taken without permission of the owner regardless of their monetary value, is considered to be Grand Larceny.   

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Friday, January 9, 2015

What Are The Standards of Proof In A New York Criminal Case?

In New York State, the Standards of Proof in a criminal case are governed by Article 70 of the Criminal Procedure Law.

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Friday, January 9, 2015

What Does "Beyond A Reasonable Doubt" Mean in a New York Criminal Matter?

In New York, the standard of proof the prosecution or government must meet in a criminal case is proving guilt “beyond a reasonable doubt.”  But, what does “beyond a reasonable doubt” really mean?

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Monday, January 5, 2015

In New York, When Can A Police Officer Approach A Parked Motor Vehicle?

Over the years of practicing Criminal Defense Law, I have represented too many clients who have been arrested in Nassau County, Suffolk County, and Queens County New York after they were approached by police while simply sitting in their parked cars.  Is this legal?  Hopefully this article will shed a little light into that question.

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Tuesday, December 30, 2014

What is a Gravity Knife and are they Legal in New York?

In New York, most people have never heard of the term “Gravity Knife” until they are unfortunately arrested for Possession of a Weapon.  A “Gravity Knife” is defined in the New York State Penal Law section 265.00(5) as “any knife which has blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device.”  The definition is so broad that it applies to almost all everyday folding knives, knives that people use for work to cut sheet rock, boxes, and rope and even to common knives used for hunting, trapping, and fishing.

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Monday, December 29, 2014

What is a Grand Jury and How Does it Work in New York?

As a direct result of the Eric Garner matter in Staten Island, New York and the Michael Brown case in Ferguson, MO, the role that the Grand Jury plays in the criminal justice system has come under scrutiny. 
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Monday, December 29, 2014

Driving With A Suspended And/Or Revoked License in New York

Driving a motor vehicle legally in New York State is a privilege that you are afforded by the Department of Motor Vehicles and not a right.  You can have your driving privileges suspended or even revoked for any number of reasons. Many drivers on the road do not even realize that their license is suspended and are actually committing a crime when they get behind the wheel with a suspended license.  Most do not know the ramifications of getting pulled over while their driving privileges are suspended and/or revoked.  Both the District Attorneys Office’s in Nassau County and Suffolk County and the Courts take these offenses very seriously.  Without the right guidance from an experienced lawyer on your side, the prospect of going to jail and/or prison for driving with a suspended or revoked drivers license is an unfortunate reality.
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Monday, December 22, 2014

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Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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