Resisting Arrest Charges in Brooklyn

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…
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The Justification Defense in Brooklyn

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…
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Defending Against Theft Charges in Brooklyn, NY

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…
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5 Actions to Avoid When Accused of Domestic Violence in Brooklyn

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…
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Can You Get a DUI While Parked in New York?

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.…
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What’s the Difference Between Getting Charged and Indicted?

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…
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Self-Defense Laws in Brooklyn

You assaulted or killed someone while defending yourself. You always believed that meant you’d never have to worry about getting in trouble with the law. As you may be about to find out, the reality of self-defense law is quite a bit more complicated than you might have imagined. Self Defense Doesn’t Prevent Arrest Self-defense…
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When Can Police Search Your Vehicle in Brooklyn, NY?

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…
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How Does Alternative Sentencing Work in Brooklyn, NY?

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…
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4 Mistakes to Avoid When You Get Arrested in Brooklyn

Most people don’t have a lot of experience with getting arrested. They freeze up, panic, or start running their mouths.  Any mistake can eventually cost you your freedom, so if at all possible you want to avoid these four actions. #1) Resisting Arrest Resisting arrest is covered under NY Penal Law Section 205.30. You are…
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Neil S. Ruskin
16 Court Street, Suite 2000
Brooklyn, NY 11241

Local: (718) 237-1547
Fax: 718-875-4011