Lerner & Lerner, P.C.

Former prosecutors with more than 50 years combined experience

Nassau County Criminal Defense Lawyers
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July 2015 Archives

New York rapper accused of having weapons in prison

It was reported on July 24 that a New York rapper who was accused of a violent crime involving drugs was facing additional charges for promoting prison contraband after allegedly getting a hold of a knife while he was at Rikers Island. It was believed his girlfriend was involved in providing him with the weapon.

New York criminal defense and alternative sentencing

New York judges have some degree of discretion in handing down sentences in certain types of criminal cases. Sentences for major offenses are often prescribed by state or federal law and afford the judge significantly less latitude than in more minor cases. However, in many situations, alternative sentencing is becoming more popular, giving the accused a chance to demonstrate ongoing compliance with the law to the court's satisfaction. There are many reasons an alternative sentence may be a viable option.

Defense of New York theft cases

Every year, many New York residents find themselves charged in cases involving allegations of theft. Many believe they have no recourse other than to plead guilty. There are several possible defenses available to people who have been issued these charges, even when the person charged actually took the property in question.

Obama commutes sentences for 46 people

New York residents may have heard about President Obama's recent action to commute the sentences of 46 federal inmates, most of whom were serving long prison sentences for nonviolent drug offenses. According to a statement released by the White House, many of the people whose sentences were commuted would have been sentenced to shorter sentences if they had been convicted under today's laws.

Tax fraud in New York

To many New Yorkers, the IRS is scary, and some people worry that when they make mistakes on their taxes, the IRS will prosecute them criminally for doing so. Since tax forms are complicated, the IRS doesn't consider simple errors that might cause someone to underpay on their taxes to be tax fraud, however. While the person who has made such an error will have to pay what they should have paid to the IRS, mistakes are not a crime.

Defenses to murder in New York

When an individual is charged with murder in the second degree in New York, it does not mean that he or she committed the crime. An attorney may come up with several defenses against the charge at trial or in the hopes of having the charge dismissed prior to a trial. A common defense is to argue that the defendant did not commit the crime that he or she is accused of taking part in.

Mail carrier allegedly stole $1 million in tax refunds

A New York mail carrier is accused of participating in the theft of more than $1 million in tax refunds from the Internal Revenue Service. The 36-year-old Brooklyn man was arrested on July 2 at a Bronx post office and charged with theft of government funds and conspiracy.

10 accused of being involved in New York drug rings

New York authorities reported on June 19 that two separate drug rings were allegedly busted in two cities. One of the alleged rings was located in Buffalo while the other was located in Dunkirk. It was believed by the authorities that the alleged ring in Buffalo was distributing heroin to up to 200 users per day while the alleged Dunkirk ring was involved in the distribution of cocaine.

New York defendants may benefit from Supreme Court ruling

In late June, the U.S. Supreme Court delivered an 8-1 decision in favor of a plaintiff who had three felony convictions. The man, who had been convicted for his third violent felony after being found in possession of a firearm in the mid 1980s, sought to have his jail term reduced. After initially reviewing his case, however, the Supreme Court also decided to challenge the relevant federal law, the Armed Career Criminal Act of 1984.