Posts by Neil Ruskin

Anyone who lives in Brooklyn knows how difficult it is to avoid schools. Eighty-five percent of the city is within 1,000 feet of a school. Sex offenders in New York thus struggle to travel across the borough thanks to the Sexual Assault Reform Act, or SARA, which has been in effect for 25 years. Parts…

A resisting arrest charge is a Class A misdemeanor punishable by up to one year in prison. Even if you are acquitted of the original offense, you may still be convicted of a resisting arrest charge. You want to avoid this charge if at all possible. If you already have a resisting arrest charge, you’ll…

Self-defense or “justification” is an affirmative defense that allows you to address charges where you’ve been accused of harming another. It most often comes up as a defense in assault cases but can be used for murder cases as well. Unfortunately, raising the justification defense is much more complex than simply telling police officers that…

New York is cracking down hard on theft and property crime issues here in the state. Retailers estimate they’ve lost $4.4 billion due to organized shoplifting rings, prompting the governor to make theft crimes a priority. If you’ve been charged with theft in Brooklyn, there are a number of defenses we can employ to preserve…

A domestic violence charge can completely alter your life. It’s easy to panic, and it’s easy to fall into the trap of attempting to exonerate yourself in the eyes of your partner, your community, or even the police officers who come to arrest you. Five actions, in particular, can make your case much worse and…

Some people end up very surprised to learn that, yes, it is possible to receive a DUI or DWI while sitting in a parked car in New York. Such arrests are not very common, but it does happen. New York Law specifically states that no person shall operate a motor vehicle while under the influence.…

Being charged with a crime means that a prosecutor believes there is sufficient evidence to convict you of a crime. Being indicted means that a prosecutor has brought their evidence before a grand jury, and the grand jury has found that the prosecutor has probable cause to take your case to trial. Indictments are usually…

Traffic stops are stressful. Yet they can turn downright dangerous when the police tell you they want to search your vehicle. Fortunately, the police don’t have the right to search whenever they want. It’s important to know your rights because police officers will sometimes lie about whether or not they have the right to search…

You might be eligible for alternative sentencing if you’ve been charged with a non-violent crime. These programs are known as “Alternative to Incarceration” or ATI programs. You may also be eligible for a drug and alcohol treatment program, Treatment and Accountability for Safer Communities, or TASC, programs.  The courts work closely with various non-profits to…