White Plains Criminal Law Blog

The Violence Against Women Act has been a major issue lately in New York and throughout the country. The reauthorization of the bill was recently approved by the U.S. Senate, and Senator Charles Schumer from New York called on members of the House of Representatives to also pass the legislation.

According to the senator, between 2009 and 2010, police in the New York metro area were called to the scenes of more than 85,000 domestic violence incidents. The bill he supports would provide grants to help train law enforcement and legal officials in stopping and preventing domestic violence, dating violence, stalking and sexual assault.

A 1977 New York state law makes it a violation to possess 25 grams or less of marijuana, resulting in a penalty of $100 for the first offense. However, drug charges involving possession of any amount of marijuana in public view is a misdemeanor punishable by up to three months in jail and a $500 fine.

Readers in the White Plains area will be interested to hear that several hundred people in New York City may have been unlawfully arrested and charged with possession of marijuana in public view. In many cases, individuals who were dealt the misdemeanor charges had been stopped by city police and told to empty their pockets, bringing the small amount of drugs into view. Once the drugs were in view of the public, some of the officers increased the charges from a violation to a misdemeanor.

In a prior blog post, we discussed a man who faced weapons charges after he unknowingly violated New York's strict gun laws. The ex-Marine is a jewelry dealer with a license for the .45-caliber pistol that he usually carries when traveling with valuables. The 28-year-old was in New York on business when he decided to stop at a sightseeing attraction at the Empire State Building. Before entering, he tried to check the weapon in with security guards at the entrance and was arrested.

Although the man said he had misinterpreted New York's strict gun laws, which he had researched ahead of time, he was charged with a felony. This original charge, which could have resulted in 3.5 to 15 years in prison, was changed to a misdemeanor weapon-possession charge. The man recently took a plea deal that will spare him jail time. "I'm happy with the outcome," he said after agreeing to complete 10 hours of community service and pay a $1,000 fine.

Readers in New York may have heard of a recent case involving a high-ranking Morgan Stanley banker who is now facing serious charges following a late-night taxi ride. The 47-year-old has been accused of stabbing a Middle Eastern cab driver and using racial epithets. The banker must now face allegations of second-degree assault, theft of services and intimidation by bias or bigotry.

The banker was reportedly on his way home after a charity event in Manhattan when the incident in question occurred. According to the man's attorney (not affiliated with this firm), the banker refused to pay an exorbitant cab fare and was held captive by the driver.