New York Speeding Laws

Statistics show that 30% of traffic fatalities in New York are the result of driver speeding. Vehicles that are speeding require more time to stop and produce a more violent crash. Reducing driving speeds can save lives, including your own.

A speeding fine could cost you over a $1,000 dollars, and you could receive violation points on your driving record ranging from 3 to 11. Keep in mind that in New York your license will be suspended with 11 violations points. Speeds of 65 mph are permitted on the highways and where limits are specially posted. There are no plans in the State of New York to raise the speed limit.

You are required to drive at speeds less than the maximum speed limit in hazardous weather conditions as well. Drivers should drive with the flow of traffic and use the right lanes when possible to help avoid congestion and other aggressive drivers.

Enforcement

The New York State police, sheriff departments and local municipal police departments routinely conduct speed enforcements on a daily basis and identify traffic corridors where speeding contributes to unsafe driving. They may set up check points during holidays looking for drivers who are excessively speeding or driving under the influence of drugs or alcohol.

Fines and Penalties

• For speeding up to 10 miles over the limit, you may receive a minimum $90 to maximum $150 fine and not more than 15 days in jail
• For speeding 10 to 30 mph over the limit, you may receive a minimum fine up to $180 and a maximum of $300 and not more than 30 days in jail
• For speeding more than 30 mph over the limit, you may receive a minimum fine of $360 to a maximum of $600 and not more than 30 days in jail
• For an excessive and inappropriate speed, you can receive a minimum fine of $45 to a maximum of $150 and not more than 15 days in jail.

If you have 3 speeding violations or more in an 18 month period, your license will be revoked and fines will increase. Keep in mind that fines are doubled in work zones. You will also receive 3 driver points for driving upon to 10 mph over the limit, 4 driver points for driving between 11-20 mph over the limit, 6 points for driving 21-30 mph over the limit, 8 points for driving 31-40 over the limit and 11 points for driving over 40 mph over the limit.

New York DJ Arrested third time in Three Years for Prostitution Related Charges

On May 3, 2013, popular radio DJ and producer Mr. Cee was arrested for the third time on a prostitution related charge in the last three years. According to the New York Daily News, 46 year old Calvin Lebrun (Mr. Cee) was arrested in Brooklyn after trying to solicit an undercover police officer posing as a male prostitute.  In March of 2011, Mr. Cee was caught by police receiving fellatio from a male prostitute in car and pled guilty to the charge of loitering for the purpose of engaging in a prostitution offense three months later. He completed three months of counseling. In October 8, 2010, he was caught on the same charge in Lower Manhattan and pled guilty a month later.

New York Penal Code Section 230.00 - Prostitution

Under New York Penal Code Section 230.00, a person is guilty of the crime of prostitution when such person “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” A prostitution crime is considered a class B misdemeanor offense no matter your sexual orientation or gender. You could face up to three months in jail and a fine up to $500 if convicted.

Other Related Prostitution Offenses include:

Patronizing someone in a school zone, which is considered a class A misdemeanor

Patronizing a prostitute in the third degree, which is considered a class A misdemeanor,
when the person being patronized is under 17 years of age

Patronizing a prostitute in second degree, which is a class E felony, when the person being patronized is under 14 years of age

Patronizing a prostitute in the first degree, which is a class D felony, when the person being patronized is under 11 years of age  

Hiring a New York Criminal Defense Lawyer to Fight Your Charges

The New York prostitution laws classify are complex. If you are arrested for a prostitution charge, you should hire an experienced New York criminal defense attorney to represent you. A skilled and knowledgeable New York criminal defense attorney can argue such defenses on your behalf as entrapment or invasion of privacy and other defenses depending on the circumstances of the case.

Bukh Law Firm, P.C. routinely defends clients charged with prostitution crimes. We have established relationships with prosecutors in the Manhattan and surrounding areas. Our team of lawyers will investigate the charges against you, talk to witnesses and negotiate with the prosecutor to get your charges dismissed or arrange for a plea bargain so you can avoid jail time or other penalties.  

Terrorism Laws 101

Crime of Terrorism

The crime ofterrorism in New York is considered a class A-I felony offense and a serious violent felony crime. New York Statute 490.25 states that a person may be found guilty of the crime of terrorism when they intend to intimidate or coerce civilians or influence government policy or affect the conduct of government by murder, assassination or kidnapping. If convicted, a person could face loss of constitutional rights such as the right to vote, serve life in prison without parole or a death sentence when the terrorist offense is considered murder in the first degree, and other consequences.

Terrorist acts cause emotional, physical and economic harm to the victims, their families and society at large. Ever since 911, the laws have become stricter and law enforcement and prosecutors are vigilant about stopping, catching and making convictions. Fighting a terrorism charge in New York requires the expertise and assistance of an experienced New York criminal defense lawyer.

Other Related Charges

There are other related charges you could be convicted of even if you did not commit a terrorist act. You could be convicted of hindering prosecution of a terrorist in the second degree under New York Statute Section 490.30 or hindering prosecution of a terrorist in the first degree if someone was killed during a terrorist act, under Section 490.35, if you give aid to a person who you know has engaged in such terrorist act.

In addition, you could also face a charge of criminal possession of a chemical weapon or biological weapon in the first degree, second degree or third degree if there was intent to use it to cause serious injury or death to someone under New York Statute Sections 490.37, 490.40 or 490.45. Criminal possession of a chemical weapon or biological weapon in the first degree is a considered a class A-I felony, in the second degree a class A-II felony and in the third degree a class B felony.

New York City Defense Lawyer

The consequences of being accused of making a terrorist threat, participating in a terrorist act or being accused of hindering the prosecution of a terrorist can have long lasting implications on your life. If convicted, you face serious penalties and jail time or even the death penalty. A New City criminal defense attorney is trained and skilled at helping clients facing terrorist charges. Our experienced NY criminal defense attorneys will investigate the evidence, talk to witnesses, and above all make sure that your rights are protected. 

We will help you fight the charges by building strong defenses on your behalf. Being falsely accused of such a serious crime can be quite frightening to someone who has never been arrested before. That is why we will be with you every step of the way until your case has been resolved in a fair, equitable and just manner.

People Stealing More Apples in NYC

Yes, it is true Apple theft is up more than 40 percent this year in the Big Apple that is products made by Apple such as iPhones, iPads, etc.  In the time period between January 1 and September 23, 2012, a total of 11,447 of stolen mobile Apple products were reported to NYPD which is a rise of over 3,000 from the same time period in 2011.

Oddly though, CBS news reports, that right before the release of the release of the iPhone 5, these thefts suddenly stopped.  Could it be that thieves don't want the old stuff when the new technology will be ripe for theft in a day or two?  An NYPD Official was quoted as saying "what we are seeing on the part of the crooks is that they follow the trends of the buying public".  Well, it is sort of good to know that our iPhone 4's are safer than the iPhone 5's of those rich enough and lucky enough to get them.  

What is an Apple customer to do about all this?  Well the NYPD has started a new project called "Operation ID".  Apple users can bring their mobile devices to any NY City Apple store in addition to several Verizon and AT&T stores.  A police officer stationed at the store will register the serial number of your device with your name and contact information.  You can also get these devices engraved with a unique serial number that's makes them easier to identify if lost or stolen.  As of October 5, 2012, NYPD registered 1,500 iPhone 5 phones and various other versions of the iPhone.  Apple also has a "find my iPhone" app that will track down missing phones and as part of the "Operation ID" program NYPD has been giving out information as to how to install this.  Our tech savvy NYPD has had iCloud enabled iPhones in use to track down stolen phones and make arrests.

 

If you are reading this and feel that your iPhone is safe because you are not in NYC, don't because it has been reported that "Just about every major city across the country has the same exact crime dynamic.  Those gadgets are valuable, as a result drive crime trend" said Chicago Police Chief Garry McCarthy.  

We are not just a law firm that does excellent criminal defense work, we also are anxious to report good crime prevention information to our readers.  If you own one of these Apple devices here in NYC, it might be wise to take the NYPD and Apple up on their offer.  Also get the app, it's free.

Dark Knight Rises Shooter unlikely to avoid Death Penalty

James Holmes appearance in Arapahoe County Justice Center

Everyone seems to have an opinion about James Holmes, the now infamous Dark Night Rises gunman. Speculations made by “expert psychologists” are airing incessantly on nearly every news channel in the US. The general consensus is that Holmes is indeed suffering from some sort of mental health issue and will almost undoubtedly be pleading insanity. However, legal experts are saying James Holmes will probably get the death penalty of his crimes. 

In The State of Colorado v. JamesHolmes (12CR1522) charges are yet to be filed in court. Prosecutors are expected to bring formal charges at the July 30 hearing. The prosecution’s case is extraordinarily strong, with a veritable mountain of evidence stacked up against Holmes. 

The State of Colorado uses a verified version of the M’Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the prosecution, but it’s clear they’ve got that covered. With the severity of crimes and multiple instances of extreme aggravating factors, avoiding the death penalty is going to be a difficult feat for his attorney. 

It’s certain that Holmes will be charged with at least 12 counts of 1^st Degree Murder. In 1^st degree murder cases, the prosecution must prove that the murders were pre-meditated and that they were committed in cold blood. Proving both is no problem, as Holmes purchased thousands of rounds of ammo and dressed in riot gear before he entered the theater. It’s clear he intended to murder innocent people. 

In New York State, capital punishment guidelines are set forth in the Model Penal Code, and the defendant has the burden of proof. This means the lawyer’s first duty in a capital punishment case where the defense is insanity is to have multiple expert witnesses evaluate Holmes and form professional opinions that will stand up in court. 

In order for an insanity defense to work, Holmes must not have been able to tell the difference between right and wrong at the time he committed the crimes and he must not be able to comprehend the charges against him. But, the evidence is so strong against him; an insanity defense may be of no use. It can easily be proven that this was an especially heinous crime and extreme sentences can and will be imposed.

Do Cops Have the Right to Make Me Show ID if I’m Not Doing Anything Wrong?

Here is another question—complaint actually—that I hear often (usually from someone who just received a resisting arrest charge on top of marijuana possession): do cops have a right to ask for my ID if I haven’t done anything wrong?

Let’s take a look at what the Constitution says:

AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The right to be secure in your papers has been translated by our courts to mean your identification.  In other words, without probable cause the police officer has no right to ask you for your ID.  Having no right to do so without probable cause means that he had no right—yes, I’m repeating myself.  “Having no right” and “doing it anyway” is where most of you will get into trouble.  Cops are well aware that most of you could not spit out your rights under the Constitution and that most of you aren’t going to lawyer up, as they say.  So, they will ask for you ID. 

Now, what comes after the asking is very important to what will ultimately happen to you.  If you say something like: I don’t gotta show you my ID.  The cop may lie and tell you that you do or he may make up probable cause and force you to show it and if you don’t comply that’s resisting arrest.  The best approach is to calmly ask him: what is the “probable cause” for asking (you) to produce the license?  What does he think you’ve done wrong?  If there is nothing applicable to your situation you do not have to produce and it should remind him of your rights under the Constitution.

Remember, you do have the right to be secure in your papers, but you have to be smart about it.  Decide what is worth it.  

Lastly, if this is a road stop or check point where everyone is being asked to produce a license you’re stuck.  Just get it ready, be polite and try not to have weapons, drugs, or other illegal items in your vehicle.

Sexual Crimes: The Hard Truth About “Forcible Touching”

Forcible touching is a crime that includes in its punitive stages a sex offender registration.  New York City sex attorneys have a hard time explaining to people from surrounding regions the seriousness of this crime in Manhattan and the surrounding boroughs.  Grabbing someone’s person in a sexual way—sometimes even in a flirtatious way can have lifelong consequences.  What many people would think of as a “harmless” act can still be considered “forcible touching”.  Slapping someone on his or her bottom could be forcible touching.  Pinching someone’s bottom can be “forcible touching”.  Making potential clients understand the severity of what they’ve been charged with is difficult considering that many of the acts that can be classified under this charge weren’t considered sex crimes in the recent past, and in fact have been seen in movies from the eighties as part of workplace harassment humor.  Instead of receiving a dirty look or slap to the face, individuals who took the risk and patted someone on the bottom can now be looking at either a sex offender registry or high legal bill.

New York criminal attorneys will fight to mitigate the charge to a lesser offense.  Our attorneys have been able to do for our clients in the past, but it was by no means a cake walk.  If you have been charged with this offense you would do well to take it seriously.  All too often we hear: It was JUST a pat on the butt.  What we’d rather hear is: I accidentally brushed up against him/her.  You need to take the charge seriously because your NYC sex offense lawyer certainly will and will need your help in creating a defense that will stick in court.

Sex offender registries are not something you want to be on. Ever.  If you’ve been charged with this type of sex crime—even if you feel that the circumstances make it “no big deal” do yourself a favor and get a good NYC criminal lawyer.