NYC Criminal Lawyer

1. GRECO NEYLAND, PC NewYorkCriminalLawyer.com

2. Table of Contents ABOUT US 03 WHY HIRE A PRIVATE LAWYER? 11 WHO ARE THE PUBLIC DEFENDERS 12 OUR PRACTICE AREAS 14 NYC DWI LAWYER 20 LEANDRA’S LAW 26 FEDERAL CRIMINAL 29 WHY MIGHT THE DA DROP CHARGES 41 GUIDE FOR THOSE CHARGED WITH FEDERAL CRIMES 42 THE MOST COMMON FEDERAL CRIMES 43 WHEN SHOULD I HIRE A LAWYER? 45 CONTACT US 49 NewYorkCriminalLawyer.com

3. About Us At Greco Neyland, PC, our New York City attorneys conduct a thorough investigation into all accusations and the circumstances surrounding them. This is the best way to ensure we find every possible defense and makes us the most prepared to take on prosecutors and get charges reduced or dismissed. We value honesty, and we will always be transparent with our clients about the process and frank in our assessments. Jeff Greco, a former prosecutor, leads our New York City office. Jeff is licensed to practice in state and federal courts and represents clients on any criminal matter. He has been trained to conduct the same tests as police use in DWIs, enabling him to know exactly how an office may have made mistakes. His knowledge of both sides of the criminal courtroom makes him an effective advocate for the accused. Dustan O. Neyland is a former prosecutor who now represents the accused in New York City state and federal courts. Dustan has been trained in forensic chromatography by the American Chemical Society, so he is able to identify errors in drug cases and challenge prosecutors using flimsy scientific methods. NewYorkCriminalLawyer.com

4. Without sufficient solid evidence, the charges against a client get reduced or dismissed entirely. It is part of the approach of Greco Neyland, PC: To walk into a courtroom prepared to fight, and to wage that fight well. No matter how hopeless or difficult a case may seem, Jeff Greco will make every effort, conducting a thorough investigation into all allegations and all circumstances surrounding those allegations to identify every defense. Jeff is committed to an open, transparent relationship with clients. He keeps them informed at every step. He is always honest with clients about their chances and the options they have, so they can make the best decisions. Education The University of Texas at Austin, B.A. in Economics South Texas College of Law, J.D. Licensed to Practice In: New York U.S. District Court, Southern District of New York (SDNY) U.S. District Court, Eastern District of New York (EDNY) NewYorkCriminalLawyer.com

5. Attorney Jeffery Greco Jeff Greco is a former prosecutor who now puts his experience to work for those accused of crimes in New York City state and federal courts. Jeff Greco understands the way prosecutors work, and he uses that knowledge to protect the rights and build the strongest possible defense strategy for his clients. Jeff has long held an ambition to protect those whose liberty is at stake after being accused of a crime. A defendant has the incredible weight of the government against him or her, with its nearly infinite resources especially in the case of federal prosecutions. As a former assistant district attorney and narcotics prosecutor, Jeff knows the tactics the other side uses and knows how to fight them. Further, he has extensive training on how police investigate DWIs. He has been certified by the National Highway Traffic Safety Administration (NHTSA) to actually conduct standardized field sobriety tests and spot controlled substance use in drivers as a Drug Recognition Expert (DRE). He also has been trained at Harvard Law School in DUI Defense tactics. This training allows him to identify missteps by police, which he can then use to call the prosecution’s evidence into question. NewYorkCriminalLawyer.com

6. Professional Memberships National Association of Criminal Defense Lawyers National College of DUI Defense New York State Defenders’ Association New York State Association of Criminal Defense Lawyers New York State Bar Association Federal Bar Council Federal Bar Association Association of Federal Defense Attorneys New York County Lawyers’ Association Brooklyn Bar Association Westchester County Bar Association New York State Trial Lawyers Association Honors Top 100 Trial Lawyers in America NewYorkCriminalLawyer.com

7. Attorney Dustan O. Neyland After Dustan O. Neyland graduated from Oklahoma City University School of Law, he began his legal career at a celebrated civil litigation firm where he learned how to uncover the important facts of cases and develop successful litigation strategies. Dustan went on to work as a prosecuting attorney, handling such types misdemeanor, and felony offenses. of cases as juvenile, It was during his time as a prosecutor that Dustan also learned about how police officers and law enforcement agencies trample on the constitutional rights of people accused of crimes. This experience in which alleged offenders are frequently treated as criminals even before they ever set foot in court inspired Dustan to be the voice for the accused. With a passion for protecting the rights of alleged offenders, Dustan provides aggressive legal defense for clients all over Manhattan and Brooklyn. In addition to his training at law school, Dustan has also completed Forensic Chromatography Course of the American Chemical Society. This experience not only allows him to understand when crime lab analysis errors are made in drug cases, but it also helps Dustan challenge prosecutors who use invalid science in the courtroom. NewYorkCriminalLawyer.com

8. Dustan has received numerous honors over the course of his legal career. He was named a Reader’s Choice for Best Attorney by Living Magazine in 2013, and Dustan has also been included among the Top 100 Criminal Defense Lawyers by The National Trial Lawyers in 2013 and 2014. Education University of Texas at San Antonio, B.B.A. in Economics Oklahoma City University School of Law, J.D. Licensed to Practice In: New York U.S. District Court, Southern District of New York (SDNY) U.S. District Court, Eastern District of New York (EDNY) United States Supreme Court Professional Memberships New York State Bar Association National Association of Criminal Defense Lawyers Phi Alpha Delta Robert J. Turner American Inn of Court NewYorkCriminalLawyer.com

9. Mehdi Essmidi Mehdi Essmidi is a Senior Trial Attorney for Greco Neyland P.C.’s New York office. Mehdi is admitted to practice law in all New York State Courts as well as Federal Court (Southern District of New York and Eastern District of New York). As a former NYC prosecutor, Mehdi started his career as a Assistant District Attorney for the Bronx County District Attorney’s Office. During his time as an Assistant District Attorney, Mehdi worked on a wide variety of criminal cases including: Domestic Violence, Assaults, Gun Possession cases, Driving While Intoxicated (DWI), Leandra’s Law DWI, Burglary, Robbery, Prison Contraband, Conspiracy, Drug cases, and Obstruction of Governmental Administration. As an ADA in Bronx County Mehdi also worked on cases that involved DNA, medical records, ballistic evidence, microscopic examination of bullet fragments, Viper video, shot spotter evidence, the Intoxilyzer 5000 and 9000 (breath testing machines used in NYC DWI cases), and expert testimony. Mehdi earned his J.D. from New York Law School, where he took part in internships at the New York County District Attorney’s Office, the Queens County District Attorney’s Office, and the Kings County Criminal Court. During his law school training and his time in the Bronx County District Attorney’s Office, Mehdi was able to gain experience in a variety of criminal cases while learning the policies and procedures used in 3 out of 5 of the District Attorney’s Offices in New York City. NewYorkCriminalLawyer.com

10. Mehdi also graduated Magna Cum Laude from West Chester University of Pennsylvania with a Bachelor’s Degree and two minors, including a minor in Criminal Justice. Mehdi is dedicated to ensuring that clients are treated fairly and are not denied their rights. Mehdi is multi-lingual, and speaks French and Arabic, thus providing direct communication with the firm’s French and Arabic clients. As a Senior Member of the Greco Neyland team he works very hard to provide the best legal representation to their clients. Mehdi happily provides personalized attention to each client, giving them the proverbial “red-carpet” treatment because he truly embraces the Greco Neyland mission, “Everyone deserves the best and most skilled defense that is possible.” NewYorkCriminalLawyer.com

11. Why Hire a Private Lawyer? If you’ve been arrested and face charges, one thing within your control is your attorney. You have a right to legal counsel of your choice, or have an attorney appointed for you. In making your choice, you may be debating whether to hire a private attorney or go with a public defender. At Greco Neyland, PC, we want to provide you with information in making that choice. NewYorkCriminalLawyer.com

12. Who are the Public Defenders? New York City contracts with a nonprofit law firm in each borough for defense services for people accused of crimes who are indigent, meaning they are unable to afford an attorney. In Manhattan, the city contracts with New York County Defender Services. NYCDS was established in 1997. In Kings County, the city has contracted with Brooklyn Defender Services since 1996. Public defenders are licensed attorneys. However, there inherent challenges in the public defender office that private attorneys do not face. NewYorkCriminalLawyer.com

13. No Control Over Caseload Public defenders are there to serve anyone who walks in their door who qualifies for their services. In New York City, this is a huge number of people. Manhattan and Brooklyn have a combined average of more than 170,000 arrests per year. Many of them could never afford an attorney, including a large amount of homeless people arrested for minor offenses. They rely on public defenders. Developing a strong defense requires a thorough investigation. It requires a careful look at all of the details of the arrest, how evidence was gathered and all other surrounding circumstances. Such an investigation can lead to discovering reasons why the evidence should be excluded, reasons why an arrest should be tossed out, any and all reasonable doubt and if any affirmative defenses may be applicable. NewYorkCriminalLawyer.com

14. Our Practice Areas STATE CHARGES VIOLENT CRIME DRUG CRIME MARIJUANA DEFENSE DOMESTIC VIOLENCE NYC PROSTITUTION LAWYER SEX CRIMES PROPERTY CRIMES FIREARMS / WEAPONS CHARGES SERIOUS TRAFFIC OFFENSES CRIMINAL PROCEDURE FIRST TIME OFFENDER VIOLATION OF PROBATION (VOP) WARRANTS NewYorkCriminalLawyer.com

15. VIOLENT CRIME In any criminal accusations involving violence, the potential consequences are often far more severe under NY law. In addition to the prison time you might face if convicted, there is a stigma around violent crimes that can haunt a person as they look for jobs, apartments or apply for college or graduate programs. Someone with a violent crime on their record, even a misdemeanor assault charge, can appear dangerous or unstable, and there is no real way to expunge such a conviction from your record, as the State of New York does not provide for expunctions. Charges for assault, kidnapping, homicide and other violent crimes can be based on misunderstandings and situations with witnesses who are not very clear on what they saw. An attorney can bring those flaws in a prosecutor’s case to light, and seek for charges to be reduced or dismissed entirely.

16. DRUG CRIME After New York passed the Rockefeller Drug Laws in 1973, creating mandatory minimum sentences for certain offenses having to do with controlled substances, the laws were used as models for how states should conduct the War on Drugs. The main results, as witnessed in the Empire State and across the nation was soaring populations in state penitentiaries and generations of people with criminal records. In 2009, state drug laws were reformed. However, any offense involving controlled substances in New York Supreme Court or a New York City Criminal Court can have very serious repercussions. If you face charges for a controlled substance-related offense under New York State law, contact a skilled lawyer in Manhattan who will seek the best possible results for you. At Greco Neyland, PC, we represent people facing charges of possession, sale and other drug offenses, from misdemeanors to class A-I felonies. An attorney at Greco Neyland, PC with offices conveniently located in downtown and midtown Manhattan can meet with you to discuss the charges. We work have to give your case the personal attention needed to fight for the absolute best result. At Greco Neyland, PC, we spend the time to thoroughly investigate each client’s case to build the strongest possible defense for you. Have a former prosecutor fighting for you. We know how the other side thinks because we used to be on that side. We use that to put our clients in the best possible position going forward. We represent clients throughout New York City including Manhattan and Brooklyn. NewYorkCriminalLawyer.com

17. MARIJUANA DEFENSE Cannabis is the most commonly used substance in New York City that is also illegal to possess under federal and, in more cases, state law. As of 2014, New York State is developing rules that will lead to the legalization of small amounts of non-smokable medical marijuana for certain patients. Charges relating to marijuana can include possessing a small amount, which is a non- criminal violation, to trafficking, which is a serious felony carrying a mandatory minimum prison sentence. Even minor offenses, though, should be taken seriously. For any accusation, your best strategy is to contact a skilled marijuana defense attorney to represent you. At Greco Neyland, PC, we represent clients on any charge relating to cannabis, from non-criminal violations to felonies. We will thoroughly investigate the circumstances of your arrest and challenge the evidence prosecutors bring forward, seeking to have charges reduced or dismissed. We have worked as prosecutors, so we understand both sides of the criminal courtroom and will put that knowledge to work for you. NewYorkCriminalLawyer.com

18. DOMESTIC VIOLENCE Allegations of domestic violence are taken very seriously by prosecutors and judges. In many cases, a court will issue a restraining order or an order of protection for which an alleged offender can be arrested for violating. While the charges are pending the person accused of the crime might not be able to return to his home or even see his children. Many families suffer a serious financial setback during this time period. A criminal record can impact the entire family for many years to come. While this crime certainly deserves the serious consideration it is given by law enforcement, there are occasions in which allegations may be false or deliberately exaggerated in households where couples are in the midst of a divorce or child custody dispute. Sometimes, police may be too eager to label a case as being “domestic violence” without conducting a proper investigation.  If you have been charged with this type of crime in New York, you will want to immediately discuss your case with an experienced NYC Domestic Violence Lawyer. NewYorkCriminalLawyer.com

19. CHILD ENDANGERMENT Endangering the welfare of a child is a vague offense in the sense that it may apply to any number of actions or behaviors, but overzealous police and prosecutors often will make this charge for conduct that should not be criminal, such as leaving an older child home alone for a short period of time. In addition, due to the emotional nature of the accusation, it is common for charges to be based on false reports that are part of an ongoing child custody matter or other family dispute. Due to the nature of the charge, it is not one you want on your record, and a conviction may result in serious consequences, including the removal of your children from your home and custody. If you face charges of endangering the welfare of a child under Section 260.10 of the New York Penal Code, contact a skilled lawyer who will seek the best possible results for you. At Greco Neyland, PC, we represent people facing charges of endangering the welfare of a child and other related legal issues. NewYorkCriminalLawyer.com

20. NYC DWI LAWYER FIRST DWI OR DWAI DWAI MISDEMEANOR DWI LAWYER DWI REFUSAL DWI BREATH TEST AGGRAVATED DWI LAWYER COMMERCIAL DWI VEHICULAR ASSAULT / DWI OUT-OF-STATE DWI FELONY DWI LEANDRA’S LAW IGNITION INTERLOCK DEVICE ZERO TOLERANCENYC DWI LAWYER LICENSE REVOCATION HEARING FIRST DWI OR DWAI DWAI MISDEMEANOR DWI LAWYER DWI REFUSAL DWI BREATH TEST AGGRAVATED DWI LAWYER COMMERCIAL DWI VEHICULAR ASSAULT / DWI OUT-OF-STATE DWI FELONY DWI LEANDRA’S LAW IGNITION INTERLOCK DEVICE ZERO TOLERANCE LICENSE REVOCATION HEARING NewYorkCriminalLawyer.com

21. LICENSE REVOCATION HEARING It is your right to refuse to take a DWI breath test. Doing so denies critical evidence to prosecutors, and is your best bet to avoid a criminal conviction for driving while intoxicated. However, refusal does not come without penalties. New York State has “implied consent” laws, meaning that if you exercise your right to refuse a test, you face the civil penalty of having your license revoked for a year, or 18 months if there is a prior revocation for refusal. Before that happens, you will be afforded a DMV refusal hearing. NewYorkCriminalLawyer.com

22. FIRST DWI OR DWAI A charge of DWI or DWAI is often a person's first experience with the criminal justice system, including many people who never expected to be arrested for anything in their life. Under Article 31, Section 1192 of the New York Vehicle and Traffic Code, even a first- time DWI or DWAI conviction can negatively affect employment or educational opportunities and result in a host of unpleasant circumstances. A conviction may result in a driver's license suspension, heavy fines, and possible jail time. After a DWI, car insurance rates will almost certainly rise dramatically. Thankfully, first-time offenders are usually treated less harshly by the courts than repeat offenders. Charges for first-time offenders are often reduced and sometimes dismissed. At Greco Neyland, PC, our dedicated attorneys will fight for you and strive for the best possible outcome in your case. We may be able to challenge the evidence, including the traffic stop itself as well as the results of drug or alcohol testing. Charges for first-time offenders are sometimes reduced and occasionally dismissed. We will work for you every step of the way, including helping you with license suspension hearings. Throughout this process, you will benefit from having a skilled Manhattan DWI lawyer with experience as a prosecutor on your side. Greco Neyland, PC represents clients throughout all five boroughs of New York City, including Manhattan, Brooklyn, and the Bronx. NewYorkCriminalLawyer.com

23. MISDEMEANOR DWI LAWYER When a person has been drinking in New York, the last thing that he wants to see in his rearview mirror is the flash of police lights. However, there are thousands of arrests made each year where the charges involve driving under the influence of drugs or alcohol. One of the most common Driving While Intoxicated (DWI) arrests is misdemeanor DWI, based on the results of a breath, blood, or urine test that shows that a person has a blood alcohol content (BAC) of .08 or higher. NewYorkCriminalLawyer.com

24. AGGRAVATED DWI LAWYER New York has laws in place that make penalties for driving while very intoxicated much harsher. If convicted of operating a motor vehicle with a blood-alcohol content (BAC) of 0.18 or higher, (more than twice the legal limit), some penalties may be twice as severe as penalties for a regular DWI. This is referred to as an aggravated DWI, or an “A-DWI.” You may also face felony charges of A-DWI if there was a child in your car and you are accused of driving while intoxicated. NewYorkCriminalLawyer.com

25. IGNITION INTERLOCK DEVICE The ignition interlock device is connected to a motor vehicle ignition system and measures the alcohol content of the driver’s breath. To start the vehicle, the driver must provide an acceptable breath sample. The ignition interlock device must remain in the vehicle for at least 12 months, unless otherwise permitted by the court. The restriction on the driver’s license that requires installation of the ignition interlock restriction applies even if the license is revoked. You can find the restriction written as “interlock device” on the back of the driver’s license. Under VTL1193.1 (c) (iii), if the defendant does not own a vehicle, he or she is still prohibited from operating a motor vehicle without the IID. Courts and probation departments will direct convicted motorists to vendors for ignition interlock installation. The NYS Division of Criminal Justice Services website maintains a list of approved vendors to install and maintain the ignition interlock device. When required by a conviction, the ignition interlock device must be purchased and installed at the driver’s expense. To remove the ignition interlock restriction from the driver license, the monitor will provide a form which must be completed the state that verifies that the person is no longer required to install and maintain the device. The form must be given to a local DMV office where a new driver’s license can be obtained that does not contain the restriction. NewYorkCriminalLawyer.com

26. LEANDRA’S LAW This law was enacted in 2009 after 11-year-old Leandra Rosado was killed when an SUV that she and six other children were riding in was involved in a crash on the Henry Hudson Parkway in Manhattan. The driver, a mother of one of Leandra’ friends, was allegedly driving while intoxicated (DWI). This law imposes several penalties on drivers who are arrested for DWI with any passenger who is 15 years old or younger in the vehicle. If a person is convicted for this felony offense, he or she not only faces possible suspension of driving privileges and mandatory installation of an interlock ignition device, but also a lengthy prison sentence. If you have been charged with DWI while a child was in your car, immediately contact an experienced Mahattan criminal defense attorney. Jeff Greco and Dustan O. Neyland are both former prosecutors, and this background gives them a unique insight into how your case will be handled and what weaknesses can be exploited following a thorough investigation of your arrest. Greco Neyland, PC represents clients in Manhattan, Brooklyn, and the greater New York City area. Updates to the law also extended the period of ignition interlock device installation from six months to one year for people who claim they do not own and will not operate a car. Convicted offenders are now required to make any claim that they won’t own or operate cars while under oath. NewYorkCriminalLawyer.com

27. Charges Involving Leandra’s Law New York Vehicle and Traffic Law § 1192 makes it a crime to operate a motor vehicle while under the influence of alcohol or drugs, and § 1192.2-a(b) additionally criminalizes operating a motor vehicle while under the influence of alcohol or drugs while a child who is 15 years of age or less is a passenger in such a motor vehicle. The criminal classification of this offense depends on whether the alleged DWI resulted in any injury: DWI while a child who is 15 years of age or less is a passenger — Class E felony DWI resulting in serious physical injury to child passenger who is 15 years of age or less — Class C felony DWI resulting in death of child passenger who is 15 years of age or less — Class B felony New York Leandra’s Law Penalties The possible prison sentences for violations of this law depend on the classification of the offense: Class E Felony — Up to four years in prison Class C Felony — Up to 15 years in prison Class B Felony — Up to 25 years in prison NewYorkCriminalLawyer.com

28. In addition to possible prison time, an alleged offender also faces the following punishments if convicted of this crime: Mandatory installation of ignition interlock device for at least six months Driver’s license suspension Report submitted to the Statewide Central Register of Child Abuse and Maltreatment (if driver is child’s parent or legal guardian) It is also important to note that a person convicted of this offense who is arrested for DWI again will be charged with a Class E Felony. NewYorkCriminalLawyer.com

29. FEDERAL CRIMINAL FEDERAL DRUG RICO ILLEGAL REENTRY WHITE COLLAR CRIME FEDERAL WEAPONS OFFENSE TERRORISM CRIMES FEDERAL CHILD PORNOGRAPHY NewYorkCriminalLawyer.com

30. ILLEGAL REENTRY Under most circumstances, it is not a crime to be in the country without legal status. However, once a person has been removed or deported, he or she may not return. Being in the United States after a removal action is a crime. If convicted, a person will likely face time in prison. Once that time is up, they may be returned to their home country — often to face consequences there, too. NewYorkCriminalLawyer.com

31. If you have been accused in Manhattan or Brooklyn federal court of the crime of entering the United States after being removed, it is critical that you immediately contact a skilled attorney who can fight the criminal charges. At Greco Neyland, PC, we are former prosecutors who now represent the accused. We will conduct a thorough investigation to uncover every defense and every reasonable doubt in the charges against you. Contact a New York City illegal reentry lawyer to schedule a free initial consultation. We represent clients in the U.S. District Courts for the Eastern District (Brooklyn) and Southern District (Manhattan). Most immigration matters are civil. If a person is accused of being in the United States without legal status — including if they entered the country on a valid visa that has now expired — they are not facing criminal charges unless there is an allegation of fraud. Removal is a civil process, and the immigrant is entitled to a hearing and a decision by an immigration court. If, however, the court decides to remove the immigrant, he or she must leave the country. Under 8 U.S.C. § 1326, once a person has been removed, it is a crime for that person to return to the United States. The same law applies if the person has been the subject of an order of exclusion. Any person who is convicted of entering, attempting to enter or being in the United States after being deported or excluded faces up to two years in prison and/or fines. Once the prison term is complete, it is very likely that person will be removed. The penalties worsen if the accused was removed due to a criminal conviction. A person who is removed due to three or more misdemeanors involving drugs or crimes against persons, a felony or an offense related to terrorism faces up to 10 years in federal prison. A conviction for an aggravated felony can result in up to 20 years. NewYorkCriminalLawyer.com

32. WHITE COLLAR CRIME White collar criminal matters are very different from other federal cases for a variety of reasons. The first is that the method of collecting the evidence often cannot be kept quiet, so the person who is being investigated learns that he is being targeted in advance of charges being filed. Frequently, there may be months between learning about the investigation and facing actual charges. Retaining experienced and aggressive criminal defense attorneys like Greco Neyland, PC as soon as a person has learned about the white collar investigation is the best way to counteract the efforts of an overzealous prosecutor.

33. A second distinct feature about many federal white collar cases is that the accused often does not have any prior criminal history. While this is good, it is also bad in that the inexperience of the situation at hand can cause someone going through it without a criminal defense attorney by their side to commit a grave error in their case, mistakenly thinking it is going to help them down the road. Many times, prosecutors will take advantage of this and will try to convince the person under investigation or being charged that discussing what he did is the most effective way of getting through the process quickly, but this is completely false. Having a skilled and tenacious criminal defense attorney will ensure that there are no unnecessary waivers of constitutional rights. It also provides the criminal defense attorneys with the opportunity to view the investigative tactics of the various law enforcement personnel in order to react to actual or potential violations of a person’s rights. There are many different crimes that fall within the designation of “white collar.” These crimes have the underlying goal of financial gain and rely on fraud and/or deception to produce the desired outcome. Many times, the person being charged with this type of crime is a professional who works in business or finance. Although these are financial crimes, the penalties may be as punitive, or even more severe, than crimes involving violence or controlled substances, including lengthy prison terms. Once a sentence has been imposed, the defendant may expect to serve 85 to 90 percent of the prison term, so it is critical to fight as hard as possible before conviction has occurred. It is important to have a criminal defense attorney who understands how the Assistant United States Attorney is going to put the case together in order to effectively challenge the evidence and witness testimony. NewYorkCriminalLawyer.com

34. TERRORISM CRIMES These types of crimes have a very different meaning today than they did before September 11, 2001, but it is important to remember that everyone accused of a serious crime deserves a zealous defense. The crime of terrorism involves the using the threat of violence or actual violence to instill fear in a group of people. A person who has been arrested for the crime of terrorism faces serious charges, but the potential penalties may depend on the individual’s criminal record, including whether he has a history of violent crimes, as well as whether a weapon was involved in the terrorist acts or the threats of terrorism. When there are injuries as a result of the terroristic act, the penalties are increased considerably and will be based on the extent of the injuries and whether there were any fatalities. Major property damage also is considered in these cases. NewYorkCriminalLawyer.com

35. FEDERAL CHILD PORNOGRAPHY The attorneys at Greco Neyland, PC represent clients charged with child pornography under both state and federal law in Manhattan and throughout the five boroughs of New York City. Call us today for a free consultation to discuss the case against you. After a criminal accusation is made, never talk to a law enforcement officer or other type of investigator until after you have secured the services of a qualified attorney to represent you. It is important to note that a person can be prosecuted under state child pornography laws in addition to, or instead of, federal law. NewYorkCriminalLawyer.com

36. After a criminal accusation is made, never talk to a law enforcement officer or other type of investigator until after you have secured the services of a qualified attorney to represent you. In many of these cases, the accusations become public after law enforcment officers execute a search warrant to seize computers and other items from a person’s home or business. Child pornography charges often involve allegations of receipt, possession, copying, advertising, distribution, or production of materials that meet the requirements of depiction of minor children in a sexually explicit manner or some form of communication with a child for the purpose of sexual stimulation. When a federal prosecutor brings child pornography charges against an individual, they typically perceive links between the person and the criminal activity, whether that is evidence that the person was in control of the computer that was the method for the distribution of the pornography or some other connection.

37. RICO The Racketeer Influenced and Corrupt Organizations Act (RICO) initially was enacted in order to address organized crime. The act targets activities that are in furtherance of ongoing criminal organizations. RICO charges may be brought by both state and federal governments, but it is a common federal indictment. In addition, the RICO Act provides for a civil cause of action to recover damages resulting from the criminal actions. Under the terms of RICO, a person can seek treble damages, leading to financial devastation for the defendant’s family and/or business. RICO charges now are brought against many individuals and businesses, far beyond the original scope of the act. There a list of statutorily designated crimes that fall within the purview of RICO. When a person or corporation commits 2 out of the 35 potential criminal acts, within a time period of 10 years, he may risk being prosecuted for RICO violations. This is often thought of as a high-profile types of case for federal prosecutors, so it is easy for them to turn into nothing more than witch hunts that gather up people who were not acting in furtherance of an ongoing criminal organization (often, they merely were in the wrong place at the wrong time). These federal prosecutors often lead the charge against the targeted individuals, relying on the vast resources of the federal government, including the investigative officers from a number of federal agencies, to compile reams of evidence. It is critical to have criminal defense attorneys who understand the challenges that RICO cases present and are armed with the tools to defend against the manipulations of the federal prosecutor, which is what you will get with Greco Neyland, PC. NewYorkCriminalLawyer.com

38. What Happens When Criminal Charges Get Dropped in NYC? defendant could ever have. It means there won’t be a trial, you’re not going to jail, and nothing is going on your criminal record. But it’s important to understand what’s happening when charges are dropped, what it means for your case, who can do it, and why it’s happening. Who Can Drop Charges? Bad news first: the victim of the crime cannot drop charges. Once the cops make an arrest only the DA can do that. The DA may take the victim’s wishes into account, but he or she has the option not to. In New York, all crimes are considered to be crimes against the state, not crimes against individuals. The victim is just a witness in the case against you. The victim might stymie the prosecution by refusing to testify or cooperate, but nevertheless has no power to put a stop to the process. This is any victim, any crime, though the question comes up most often in domestic violence cases. Cops do occasionally ask, “Do you want to press charges?” What they’re really asking is: “Do you want us to make an arrest?” The cop has leeway to arrest or not arrest as he or she sees fit. That ability to make a determination is actually considered to be part of the criminal justice process. In essence your case goes through several “gates” before it can get all the way to trial. These gates are decisions various people make along the way. Dropped charges and dismissed cases are some of the best outcomes a criminal NewYorkCriminalLawyer.com

39. First the cop has to decide you are guilty enough to arrest. Then the DA has to decide he or she has enough to prosecute. Then a Grand Jury must make the same determination. And then the petit jury must determine guilt or innocence. So at that singular point, you do have some power. But you have to decide there. If you say, “Yes,” the cop will make the arrest, and it will be out of your hands from there on out. What’s the difference between dismissed charges and dropped charges? Charges can be dropped at any point in the process, all the way up to the date of your trial. Charges can only be dismissed after they’ve been filed in the first place. NewYorkCriminalLawyer.com

40. But the real thing you want to pay attention to is whether the charges are dropped or dismissed with or without prejudice. If they’re dropped or dismissed without prejudice, the state can’t bring the same charges against you for the same crime. They can charge you for the same sort of crime on a different day at a different time and place though, so you’ll want to watch yourself afterward. If they’re dropped or dismissed with prejudice the DA is reserving the right to press charges again if further evidence comes to light. This is the most likely scenario. The good news is this: if the DA is dropping or dismissing charges due to insufficient evidence there might not be any more evidence to find. If that is the case, you can probably breathe easy. NewYorkCriminalLawyer.com

41. Why might the DA drop charges? There are three common reasons why this happens. The cops performed an illegal search. The cops didn’t have probable cause to search you or interfere with you in the first place. There isn’t enough evidence to charge you with this crime. Your lawyer’s first move should be to see if one of those three scenarios applies. If so, he or she should then try to work with the DA to get the charges dropped or dismissed. Sometimes, this will lead to a plea bargain wherein the charges are reduced. It will be up to you to take that or not. Once the DA declines to drop or dismiss it’s probably not going to happen. At that point, it would be time to start looking for other solutions. NewYorkCriminalLawyer.com

42. The Definitive Guide for Those Charged with Federal Crimes in NYC When the United States Department of Justice charges you with a crime in New York City, you’ve got a long road ahead. The full weight of the federal government’s law enforcement and prosecutorial machine is arrayed against you. We’re experienced federal criminal lawyers who have gone toe to toe with the US Attorney’s office on multiple occasions. We’ve put this guide together to help give you your best chance at seeing your case through to a successful conclusion. Protecting your freedom and guiding your case to its best possible outcome is going to depend on you doing everything right. A single misstep could send you to federal prison, where you’ll serve a harsh sentence guided by federal mandatory minimums. NewYorkCriminalLawyer.com

43. What are the most common federal crimes charged in New York City? Drug trafficking tops the list, with immigration, fraud, and firearm crimes coming in just behind. It’s important to note that 97.3% of defendants plead guilty once they’re charged with a federal crime. It is all but impossible to land in the lucky 2.7% who don’t without the help of a qualified federal criminal attorney. But that same attorney can tell you that for some defendants, negotiating a deal is the smartest move. Half of those who plead guilty receive a lighter sentence than allowed for by federal mandatory minimums. Almost 60% of those individuals receive these lighter sentences at government request, usually because they provided law enforcement with substantial assistance which allowed law enforcement to pursue larger targets. NewYorkCriminalLawyer.com

44. Some also agree to have their cases handled as part of an early disposition program. This is also known as the fast track program. Like any plea bargain structure, the fast track program is designed to save the government time and money by avoiding trials. Prison is the most common sentence, but in some cases, offenders are sent straight to probation or are given some combination of probation and house arrest. While 71% of defendants receive sentences of less than 5 years, any conviction will have a significant impact on your life going forward, making it difficult to obtain employment or housing. In many cases, the government also levies fines against defendants. NewYorkCriminalLawyer.com

45. When should I hire a lawyer? Anyone who is embroiled in a federal case needs to hire an experienced federal criminal attorney as soon as possible. Ideally, you’d hire your attorney the moment you become certain you’re facing a federal investigation. You might find out one of three ways. First, you might just notice signs of surveillance or wiretapping. If you know you’ve been up to something which could trigger a federal criminal investigation you should probably trust your instincts. You might also find out the first time agents knock on your door to “ask a few questions.” The one thing you don’t want to do is let them in, or answer anything without a warrant. Call an attorney immediately, and volunteer nothing. Your attorney will advise you on how to proceed from there. If they show up with a warrant you do have to allow their search to proceed. But you should use the time to make a call to an attorney before they’ve had time to find anything which could lead to your arrest. The third way you might learn you’re the target of an investigation is through receipt of a “target letter.” Though this happens most often in white collar cases. If you’re receiving a target letter there is already substantial evidence against you. But it’s not over yet. A target letter isn’t a guarantee of an indictment. You should be wary if you receive a subject letter too. Though you aren’t the “target” of the investigation, the DOJ thinks your conduct is suspect or unethical, and that you may have information that could lead to the prosecution of a target. But subjects can quickly become targets, so it’s best to get an attorney if you see this letter, too. NewYorkCriminalLawyer.com

46. Where should you look for a federal criminal lawyer? While you can easily start with Google or any of the lawyer directory sites out there, you should begin primarily by reading the attorney’s reviews. It’s also a good idea to look at the attorney’s background and experience. Remember, you’re facing everything the DOJ can throw at you. They have unlimited resources. You don’t, but experience counts for a great deal. Hiring an attorney with a deep understanding of the way the system works, both in and out of court, is your best bet. NewYorkCriminalLawyer.com

47. Next, you’ll need to ask yourself whether you trust this attorney to tell you the truth. It’s not a good idea to hire an attorney who sugarcoats anything. You need to know exactly what your options are, and how to respond to your situation. Ultimately, the attorney you hire should be someone you’re extremely comfortable with. You will need to be candid with your attorney when he or she asks you questions about your case. You’re trusting this professional with your life and future. Take advantage of the consult time if you have the time and luxury to do so. If you aren’t comfortable with the attorney when you meet, move on until you are.

48. How can your federal criminal attorney affect your charges? Wearing an ankle bracelet and remaining under house arrest, for example, is usually preferable to going to federal prison. If that’s not possible or if we think we have a good chance of winning, then you need someone who can and will fight for you in federal court. Who has the experience and track record to undermine the case against you and to guide the jury to a “not guilty” verdict. Again, the amount of time you give the attorney to respond important here. More time means more resources to investigate your case, more time to find expert witnesses, and more room to negotiate on your behalf. And once you’ve hired the attorney, you can breathe easy knowing you have the best answers to give federal investigators: “I will have my attorney contact you immediately,” or “I will not speak without my attorney present.” There are several ways we can help, but much will depend on your case. In a perfect world, we’d be able to get your charges dropped or dismissed after reviewing the evidence and meeting with the Assistant US Attorney. We might also be able to convince a Grand Jury to determine that there is not enough evidence in your case to proceed. Negotiating a plea deal or an immunity deal might be the next best step. In some cases we may be able to create a situation where you avoid doing any time for your alleged role in the federal crimes that are under investigation. If that’s unavoidable, we may be able to negotiate a reduced or more palpable sentence. is extremely NewYorkCriminalLawyer.com

49. CONTACT US Greco Neyland, P.C. Phone: (212) 951-1300 Our Office Locations Midtown (Main Office) Location: Greco Neyland, P.C. 535 5th Ave #2500 New York, NY 10017 Phone: (212) 951-1300 White Plains Location: 75 S Broadway #477 White Plains, NY 10601