Posts by Neil Ruskin
Can You Just Take a Polygraph Test to Clear Your Name in NYC?
When you’re under arrest and innocent, you may be desperate to prove it. This desperation can lead you to make mistakes. For example, a police officer may offer you the chance to take a polygraph test to prove your innocence. You may leap at the opportunity to do just that. Yet your answer should be…Read More
What is the Crime of Menacing in Brooklyn, NY?
New York Penal Code § 120.14, New York Penal Code § 120.15, and New York Penal Code § 120.13 define the crime known as menacing. The crime describes several threatening or stalker-like behaviors which indicate you might be a threat to the victim. Menacing in the first degree is a felony. Menacing in the second…Read More
Understanding the Classes of New York Felony Charges
New York has five classes of felony. It is important to understand each class so you can understand the full severity of whatever crime you’re being charged with. The felonies are lettered: E through A. E is the least serious class of felony, and A is the most serious class. Here’s what you need to…Read More
What to Consider When Contemplating a Plea Bargain in New York
While a plea bargain should not necessarily be your front line strategy when accused of a criminal case, there are times when it’s going to be your best option. Here are some times when it might be a good idea to take a plea bargain from a New York criminal prosecutor. Deferred Prosecution Agreement A…Read More
What is a Vacated Conviction in a New York Criminal Case
If you kept up with the hit podcast Serial some years ago then you’re familiar with Adnan Syed, accused of killing his girlfriend Hae Min Lee when he was just 17 years ago. Now, at 41, he is out of prison thanks to a prosecutor’s request to vacate his conviction. Adnan’s case was in Baltimore,…Read More
What is a Hate Crime in Brooklyn, NY?
A recent report stated that hate crimes are up 76% here in the Brooklyn area, as well as in the rest of New York City. Hate crimes are covered by New York Penal Code 486.05. According to the code, a person commits a hate crime when: They intentionally select a target in whole or in…Read More
Will an Ankle Bracelet Be an Option in Your Brooklyn Criminal Case?
An electronic monitoring device isn’t exactly freedom—if you’re fitted for one, you’ll live under certain restrictions. It is, nevertheless, better than jail. And New York does use them. Here’s what you need to know about how New York uses electronic monitoring, when it is used, and whether it will be a viable alternative to jail…Read More
Supreme Court Limits the Court’s Ability to Enforce Miranda Rights
When you are arrested, you are supposed to receive a Miranda warning. This was established in 1966 in the case Miranda v. Arizona. The words are familiar to anyone who has watched any cop dramas at all. You have the right to remain silent. Anything you say can and will be used against you in…Read More
How to Avoid a Resisting Arrest Charge in Brooklyn, NY
A resisting arrest charge can make a bad situation even worse. It can be added onto additional charges, or can hover even when all your other charges are dropped and dismissed. You can also be charged with Obstructing Governmental Administration Defense, or OAG, which is very similar. Worse, there are times when police officers slap…Read More
How to Exercise Your 5th Amendment Rights After Getting Arrested in Brooklyn, NY
Every day, NYPD arrests people for all manner of crimes here in Brooklyn. And many don’t know that what you do or don’t do after your arrest can make a big difference to how your case progresses. It is vital that you understand your rights and how to exercise them. Don’t wait for a Miranda…Read More