New York City Criminal Defense Blog

What a suspended license means for you

On behalf of Neil Ruskin of Neil S. Ruskin posted in Drunk Driving Charges on Friday, March 22, 2019.

New York City residents often rely on their cars to get them where they need to go. Because of this, having a block in the way between a driver and being able to drive can have a huge impact on that person's life.

First, FindLaw takes a look at the different types of infractions that can get a person a suspended driver's license. There can be both driving violations, and non-driving violations. The latter may come as a surprise to some. However, common non-driving offenses that can result in the suspension of a license include:

Failing to satisfy a summons for a parking ticket or moving violation ticket
Using fake or altered license plates
Juvenile delinquency or truancy
Failing to pay a subcharge, fee, or fine to the DMV

Understanding the elements of bribery

On behalf of Neil Ruskin of Neil S. Ruskin on Tuesday, March 19, 2019.

Bribery is a serious crime, and those who commit bribery may face lengthy jail time and other consequences. However, there is often confusion around whether an act or agreement qualifies as bribery, and this can land a person in legal hot water very quickly.

If you or someone you know stands accused of bribery, or if you have concerns about an agreement, it is wise to consult with a legal professional who understands the specifics of the law here in New York. With a careful examination of your circumstances through the lens of the law, you may find that you have more legal defense opportunities than you expected.

Judge's rationale on sentencing some felt was too light

On behalf of Neil Ruskin of Neil S. Ruskin posted in Criminal Defense on Sunday, March 17, 2019.

Many people in New York City and even around the country often follow high-profile legal and criminal cases. Depending on what sources they track, their perspectives on the outcome of a particular case may vary. In the case of the man who was the chair of the President's 2016 campaign, it may well have seemed that a large majority of people believed he deserved or would receive a very long time in prison for his alleged crimes.

According to CNN, the defendant was accused of tax and bank fraud and of hiding foreign assets. The prosecution team had lobbied for a prison sentence to last as long as 25 years. On the other side of the spectrum, the defense team put forth a variety of examples of other cases that they insisted were similar to that of their client's. In those cases, some defendants were sentenced to home detention, probation only or prison time lasting a matter of months.

Protect your right to remain silent

On behalf of Neil Ruskin of Neil S. Ruskin posted in Criminal Defense on Friday, March 8, 2019.

At the office of Neil S. Ruskin, there is one thing we would like to communicate to anyone who wishes to mount a defense against any criminal charge in New York. This warning could apply to nearly every criminal defendant or suspect we encounter in our work.

In the simplest terms possible, the police are not on your side. As much as they may offer deals, seem sympathetic or enlist your help, these people are employed by the state to investigate and prevent potential criminal activity.

What factors can drive a person to theft?

On behalf of Neil Ruskin of Neil S. Ruskin posted in Theft on Thursday, February 28, 2019.

In New York, theft crimes are treated with a heavy hand. However, Neil S. Ruskin, attorney at law, understands that every instance of theft has a human element to it that the courts usually overlook in favor of ensuring that you are put in jail. It's a quick system, but inefficient in targeting the real issues.

So what are the real issues, exactly? Theft can come from many different places. A few include places of desperation, such as intense situations of poverty. One may also have a sense of desperation if there is a chemical or drug dependency of some sort thrown into the equation. Many people who are addicted to drugs find themselves doing things that both they and their loved ones would consider "out of character", simply because the drive to possess more drugs and chase the high can be so intense and overwhelming.

Does your heroin addiction qualify you for drug court?

On behalf of Neil Ruskin of Neil S. Ruskin on Thursday, February 28, 2019.

No one intends to wind up addicted to drugs. Similarly, most people don't plan to find themselves in criminal trouble related to addiction. However, those exact problems cause issues for people in New York every single day. Many of the people caught in the net of addiction struggle to free themselves and find themselves facing life-altering consequences.

Those struggling with addiction and accused of nonviolent offenses may wonder what options and rights they have. The truth is that there are many different ways that individuals can defend against drug allegations, but a defense isn't always the best option. Sometimes, it is possible to have your case moved to drug court instead of criminal court.

Do you know your Miranda rights?

On behalf of Neil Ruskin of Neil S. Ruskin posted in Criminal Defense on Monday, February 25, 2019.

You may think you understand your Miranda rights based on the many New York TV shows or movies you have seen over the years. But do you really?

Your four Miranda rights apply in situations where law enforcement officials arrest you for an alleged crime, and include the following:

You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed for you.

What can I expect after a DUI?

On behalf of Neil Ruskin of Neil S. Ruskin posted in Drunk Driving Charges on Sunday, February 17, 2019.

Receiving a drunk driving charge in New York City is a very serious matter. Along with possibly injuring yourself and others, you’ll also be subject to a variety of penalties in the aftermath of your arrest. Very Well Mind explains what you can expect if you’re caught driving while intoxicated.

Court appearance

Does your medical office engage in fraudulent billing practices?

On behalf of Neil Ruskin of Neil S. Ruskin on Friday, February 15, 2019.

Health care is one of the largest sectors of the modern economy. Americans spend trillions of dollars on medical care each year, making medicine one of the most stable and in-demand professions. Unfortunately, the amount of medical care required in the United States also opens the door to massive amounts of health care fraud.

Some medical practices knowingly engage in fraudulent billing. Other practices may do something considered fraud without realizing the practice violates the law. Familiarizing yourself with what constitutes fraud can help you make better decisions when it comes to handling billing claims and other issues in a medical facility.

Does white collar conviction result in a shorter sentence?

On behalf of Neil Ruskin of Neil S. Ruskin posted in White Collar Crimes on Sunday, February 3, 2019.

You may be one of many New Yorkers who believe that people convicted of white collar crimes are better off than people convicted of other crimes because the former receive lighter sentences. Forbes cites a recent study arguing that is not necessarily true. Rather, sentences for white collar crimes seem less severe because they are often shorter than what the federal sentencing guidelines recommend.

Some judges choose to sentence a convict according to the federal sentencing guidelines because it is less likely that an appeal will overturn the decision. Other judges believe that the sentencing guidelines are too severe and hand down a lighter sentence. Because the majority of those convicted of white collar crimes receive shorter prison terms than those recommended in the guidelines, it creates the false impression that white collar crimes result in reduced sentences, according to the study.