Spodek Law Group P.C.

Spodek Law Group

This author Spodek Law Group has created 171 entries.

Understanding Adjournment in Contemplation of Dismissals (ACD’s) in New York State

An Adjournment in Contemplation of Dismissal (“ACD) is a type of dismissal of criminal charges, set forth in N.Y. Criminal Procedure Law 170.55. An ACD may be entered into at any time before a defendant pleads guilty, or the commencement of the criminal trial. The ACD can be requested by the prosecutor, the defendant, or the court with the consent of both the prosecutor and the defense. An ACD “is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice.” Under 170.55 (8)

The granting of an adjournment in contemplation of dismissal shall not
be deemed to be a conviction or an admission of guilt.

Crime law security service officer cop guarding street near police car with siren light

Minnie Mouse Arrested? Panhandlers Subject to More Restrictions and Possible Charges in New York City

NEW YORK. According to Travel & Leisure Magazine, Minnie Mouse was recently arrested in Times Square. The arrest comes along with increased restrictions upon New York City panhandlers that have been put in place just in time for the summer tourist season. If you’re Spider Man, Superman, or a Ninja Turtle, you now have more reasons to be concerned if you plan to go panhandling in New York City this summer.

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calculators and handcuffs on a white background. representative photo of white-collar crime

Compstat Statistical Crime Tracking Software In New York May Increase Police Violence

Compstat is a crime-tracking statistical system that allows officers to target areas in New York City where crime is taking place. According to NBC News, the system relies on the assumption that by stopping small crimes, officers can prevent bigger ones from happening. Yet, even as the system has been heralded for lowering New York City’s murder rate from 1,946 murders in 1993 to 352 last year, the system raises concerns about police violence in targeted areas.

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Fraud

Medicaid Fraud: Sober Homes Raise Concerns

The New York Times reports that with addictions to heroin and other painkillers becoming more common, demand for sober homes has increased. Sober homes offer a drug-free space where recovering addicts can get their lives back on track. Yet, these facilities may also have problems of their own, with many of them not staffed by professionals with credentials and some being accused of participating in insurance fraud. As it stands, there are few regulations in place to pursue Medicare fraud or protect individuals who are using these homes.

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Police Car Closeup

Understanding New York City Statutes of Limitations

New York’s statute of limitations laws set clear limits on how long state prosecutors have to file formal charges against individuals who commit certain crimes. If you’re being charged with a crime, or if you are concerned about being prosecuted for a crime, it is important to understand how New York’s statute of limitations laws work. Limitations vary depending on the kind of crime you’ve committed. However, if you’re being charged with a crime in New York City, it may be wise to speak to a criminal defense attorney who can review your defense options.

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marijuana leaf on white illegal skunk from amsterdam

Possession Lawyer Looks at Decline in Mandatory Minimum Sentencing in New York

If you’ve been charged with possession in New York, recent changes in the way the federal government prosecutes drug crimes makes it less likely that you’ll face a mandatory minimum sentence. According to the New York Times, mandatory minimum sentencing for criminal drug offenders has declined in the last year. The reduction in mandatory minimum sentencing comes as a result of new laws that give attorneys more discretion about using mandatory minimum sentencing in a case. This allows the Justice Department to focus its effort on more serious drug crime. Prior to the passage of the laws,

New York City Marijuana May be Legal for Medical Use, But Selling is Another Matter: Possession Attorney Explains

Marijuana sales for recreational use are currently only legal in four states: Colorado, Oregon, Washington, and Alaska. In 2014, New York State enacted the Compassionate Care Act which is a medical marijuana program that allows certain patients to receive medical marijuana in accordance with the law. Yet, despite this, marijuana remains an illegal drug under federal law, which means that sellers, producers, and dispensaries face unique challenges. These challenges often limit the number of places where medical marijuana patients in New York can find the drug.

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Fraud

Medicare Fraud: New York Known For Fraud “Hotspots,” But Many May Be Accidental

According to a special report by The Economist, Medicare spends $600 billion in health care for the elderly. Yet, of the money the government spends in legitimate health care claims, as much as $98 billion (or approximately 10% of Medicare spending) is based on fraudulent claims. By the end of 2013, over 2,000 health care fraud investigations had taken place. In 2007, the government opened a special Medicare fraud “strike force” with the intent of cutting down on fraudulent claims and practices.

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photodune-686700-criminal-xs

Letter of Understanding in New York State Criminal Cases

A letter of understanding is a type of cooperation agreement in which the defendant who has already been charged with a crime, or more than one crime enters into an agreement with the district attorney’s office to cooperate in order to obtain a favorable plea and/or sentence. The defendant will agree to cooperate with the district attorney’s office, it’s agents, agents of the New York Police Department and any other law enforcement agencies the office may require. The letter of understanding will be the complete agreement and no other agreement will matter unless it is in writing and signed by the assigned district attorney,

Alcoholic Drink and Car Keys Under Spot Light.

DUI Lawyer Discusses Ruling that Finds Mandatory DUI Tests Unconstitutional

In New York City, if you’re arrested for a DUI, the law requires you to submit to a mandatory blood, breath, urine, or saliva test. When you drive in New York, you are subject to its implied consent law. This means that if you get behind the wheel, you are automatically consenting to submit to alcohol testing if an officer has probable cause to believe that you have been drinking and driving. Refusal to take a test after an officer asks you to do so comes with serious penalties, including license suspension for one year and fines. If you refuse to take a test,