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Criminal Defense

Recent Posts in Criminal Defense Category

  • Search and Seizure Laws - Know Your Rights

    || 29-Aug-2016

    Since everyone is innocent until proven guilty, investigators and prosecutors need evidence to land a conviction. To help them along in their job, the police often try to get as much physical evidence as they can at the time of the arrest. But the question arises, “What can the police actually get, and how can they get it?” The Fourth Amendment of the Constitution states explicitly ...
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  • Do I Need to Hire a Lawyer for My DAT?

    || 13-Jan-2016

    In New York State, the long arm of the law has gotten pretty creative at reaching out to potential offenders, especially in New York City where desk appearance tickets (DAT) are gaining in popularity. A DAT is an official order coming straight from the police department for you to show up in criminal court. But why would they want you to do that? Read the details of your DAT and you will find that ...
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  • "Talkin Law" Debuts with Attorney Dan Hochheiser

    || 22-Oct-2014

    In October 2014, a new radio program will debut on Blog Talk Radio Network. This radio program features our firm's New York City Criminal Defense Lawyer Dan Hochheiser. You can access the radio program's website here. "Talkin Law" has three main objectives: Analyze criminal cases that get media attention Assess trends within the field of law Detail current legal events This ...
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  • What If I Accidentally Downloaded Child Pornography?

    || 28-Apr-2014

    If you are worried about facing charges of child pornography possession after accidently downloading an image or video onto your computer, a New York City criminal defense attorney from Hochheiser & Hochheiser, LLP may be able to help. We are both former prosecutors, who have since dedicated our careers to defending people against the criminal charges and penalties they face. Child pornography ...
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  • What Constitutes a "Hate Crime" Under New York Law?

    || 25-Apr-2014

    According to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, a hate crime occurs whenever an individual commits a crime against another individual, property or group as a result of his or her alleged bias or hatred towards the apparent race, ethnicity, gender, sexual orientation, religion, disability, gender identity or any other characteristic represented by that individual, ...
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  • Could I Be Charged with Tax Fraud Over an Honest Mistake?

    || 22-Apr-2014

    The tax auditors with the Internal Revenue Service (IRS) are specifically trained to detect instances of tax fraud. Claiming dependents you do not have, keeping two different sets of financial records, using a fake or fraudulently obtained Social Security number, submitting false receipts or altering checks to try and increase deductions are all examples of ways people have tried to defraud the ...
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  • What If I Was Coerced Into Giving a Confession?

    || 18-Apr-2014

    If you were coerced into giving a confession, you are probably wondering how to find a criminal defense attorney in New York City who you can trust to help you avoid the serious penalties of a conviction. Law Offices of Daniel A. Hochheiser is a well-known criminal defense firm based in New York City. We have more than 60 years combined legal experience and are committed to advocating on behalf of ...
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  • Dan Hochheiser's Client is Cleared of Shoplifting Charges

    || 2-Apr-2014

    Attorney Daniel Hochheiser was recently hired to represent a Venezuelan tourist who had been wrongfully accused of shoplifting at Macy's. The woman claimed that she had been handcuffed, detained for hours, urged to sign a confession and even pay a fine of $500—all while her 12-year-old son waited for her in the store, unaware of where she had gone. She was then charged with a misdemeanor ...
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  • The Difference Between First, Second & Third Degree Robbery

    || 10-Feb-2014

    In New York State, robbery is defined as "forcible stealing." This means that you could only be charged with this crime if you have used physical force, or threatened to use physical force, in order to take another person's property—unlike larceny, which is generally defined as the act of taking someone else's property with the intent of removing it from their possession ...
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  • Attorney Daniel Hochheiser was recently hired to represent "Manhattan Madam" Kristen Davis, who was arrested and charged with selling prescription pain killers last August. Davis previously made headlines when she was accused of running a high-end prostitution ring in New York City that offered its services to a number of high-profile clients—including former Gov. Eliot Spitzer, ...
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  • NYPD Conducts Drug Stings at NYC Events During 2013

    || 31-Dec-2013

    During 2013, the NYPD has focused significant attention on drug possession and narcotics sales prior to concerts held in NYC. The criminal activity targeted includes possession of ecstasy (MDMA) by those waiting in line to get into the show as well as those observed in sales of cocaine to other concertgoers or undercover police officers. Those arrested who have prior records or active warrants can ...
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  • Daniel Hochheiser Represents "Shop & Frisk" Victim

    || 4-Dec-2013

    Recently, Attorney Daniel Hochheiser was hired to represent a woman who claims that she was racially profiled, falsely arrested and forcefully separated from her son after the employees of a Macy's store in New York City accused her of stealing. According to María Páez, a 42-year-old woman from Venezuela, she was subjected to a procedure known as the "shop and frisk," ...
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  • Lawrence Hochheiser Is Named to 2014 Best Lawyers®

    || 26-Nov-2013

    The legal team at Hochheiser & Hochheiser, LLP is pleased to announce that our very own Lawrence Hochheiser has yet again been selected for inclusion in the most recent issue of Best Lawyers® for the New York Area. Appearing in the 2014 edition, Lawrence will be listed in the category: "Criminal Defense Non-White Collar." Being recognized by one of the oldest and most respected ...
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  • After an Arrest, Should I Tell the Police My Side of the Story?

    || 20-Sep-2013

    At Law Offices of Daniel A. Hochheiser, we understand that nothing is more frightening than the time following an arrest. Most of our clients never expected that they would find themselves in trouble with the law, but the unfortunate truth is that it could happen to anyone. For this reason, we encourage you to keep a few simple tips in mind if you, yourself ever have a run-in with the law. The way ...
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  • Is Public Intoxication Illegal in New York?

    || 18-Sep-2013

    While many states throughout the U.S. uphold laws against public drunkenness, it is not a crime to be publicly intoxicated in New York; however, it is important to understand that this only applies to alcohol-related impairment. New York Penal Code § 240.40 states that it is a violation to appear in public while under the influence of narcotics or a drug other than alcohol "to the degree ...
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  • The Difference Between DWI & DWAI in New York

    || 16-Sep-2013

    If you reside in the state of New York, it is possible for you to be charged with a number of different alcohol-related offenses. Among these include driving while intoxicated (DWI) , driving while ability impaired (DWAI) and zero tolerance violations. Each crime ranges in severity, meaning that you could expect to face varying legal penalties. For example, driving while intoxicated is prosecuted ...
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  • What Should I Do if Someone Accuses Me of Rape?

    || 14-Sep-2013

    If you have been accused of rape, it is essential that you get immediate legal representation from a New York City criminal defense attorney. Rape is an extremely serious charge and is a felony offense in the state of New York. A criminal conviction for rape could lead to between 18 months to 25 years in prison in a conviction, based upon the facts in the case. A conviction often requires ...
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  • How Do I Defend Myself Against Cyber Crime Charges?

    || 11-Sep-2013

    Cyber crimes are criminal offenses committed using a digital device, such as a computer, tablet or smart phone, or the internet. Some of the most well-known and publicized cyber crimes are identity theft and credit card theft and fraud. Some commonly charged cyber crimes include computer tampering, unauthorized use of a computer, cyber-harassment, accessing or distributing child pornography, ...
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  • How Would You Waive Your Right to an Appeal?

    || 4-Sep-2013

    When an individual is charged with a criminal offense in New York City, he or she has certain legal rights afforded by state and federal laws. There are specific actions, however, which could lead to your rights being waived with or without your prior knowledge. Should that occur, you could find yourself facing charges much more serious than is warranted, being convicted of a crime you did not ...
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  • What are the Various Penalties for Theft in NYC?

    || 28-Aug-2013

    Theft is general term used to describe a range of crimes in which a person intentionally removed or took property belonging to another individual without his or her permission. Shoplifting, burglary, petit larceny, grand larceny, and armed robbery are all various types of theft crimes. The penalties for theft crimes vary widely, based upon the type of crime committed, whether the person who ...
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  • Examining the Various Types of Drug Crimes in New York

    || 21-Aug-2013

    § 220.03 – Possession of a Controlled Substance In the state of New York, one could be charged with a crime if any type of controlled substance has been discovered in their possession. This offense, known as " criminal possession of a controlled substance," can be charged in the first, second, third, fourth, fifth or seventh degree, depending on the amount and type of drug ...
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  • Daniel Hochheiser Authors Chapter in Book on Defense of Gang Crime Cases

    || 12-Jul-2013

    Attorney Daniel A. Hochheiser—the managing partner at Law Offices of Daniel A. Hochheiser —is one of the contributors for a new book that focuses on the best strategies for representing defendants who have been accused of gang crimes. The book is titled "Strategies for Defending Gang Crimes: Leading Lawyers on Understanding the Current Gang Crimes Environment and Building a ...
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  • What Qualifies as Kidnapping in New York?

    || 31-May-2013

    For many people, kidnapping is assumed to be a crime with the same penalties for every case. In fact, there are many different definitions and classifications of kidnapping, ranging in penalties if the accused is found guilty. Being informed on the different degrees and consequences of kidnapping is important, especially if you have been accused of a similar crime. At Hochheiser & Hochheiser, ...
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  • What are the Penalties for Vandalism in New York?

    || 20-May-2013

    In New York, vandalism is covered under the legal definition of " criminal mischief "—although this offense also covers a number of other wrongdoings. Under this statute, you would be subject to the penalties of criminal mischief in the first, second, third or fourth degree if you have intentionally or unlawfully destroyed another person's property. The severity to which you ...
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  • Driving Under the Influence of Marijuana

    || 15-May-2013

    In the state of New York, lawmakers have decriminalized the possession of small amounts of marijuana. If it was discovered that you were in possession of 25 grams or less, for example, you would be issued a civil citation—which is punishable by a $100 fine for a first violation and a $200 fine for a second violation. Since this is not a criminal offense, you would not be sentenced to jail ...
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