New York Criminal Defense Law Blog

An illegal search may be the key to your criminal defense

On behalf of Bachner & Associates, P.C. on Friday, January 18, 2019.

Investigating white-collar crimes requires extensive expertise. After all, officers often must pore over thousands of pages of documents. They also must carefully follow a set of regulations and procedures. If investigators illegally conduct a search, you may be able to use the error to your advantage.

You have protection against unreasonable searches and seizures thanks to the U.S. Constitution's Fourth Amendment. That is, officers usually must have probable cause to search either you or your property. If you plan to argue that officers violated your Fourth Amendment rights, you should know a few things about this defense strategy.

Understanding hacking as a white collar crime

On behalf of Bachner & Associates, P.C. posted in white collar crimes on Wednesday, January 16, 2019.

White collar crimes in the digital realm are constantly evolving; therefore, the ways in which they are charged can be difficult to determine. If you have been charged with a white collar crime in the state of New York, it is important that you take such an accusation very seriously and that you take the time to understand the details of the case.

Hacking is often seen as a type of white collar crime, since it can be executed in a corporate environment, taking advantage of professional relationships in the process. There are many different types of hacking strategies; therefore, it is vital that the legal definition of the act is understood.

Common defenses against domestic violence charges

On behalf of Bachner & Associates, P.C. on Tuesday, January 8, 2019.

It is vital for genuine victims of abuse to seek help. The National Domestic Violence Hotline is available for such people.

However, plenty of people face wrongful accusations. It is vital for them to seek legal assistance immediately to start building a viable defense. Ultimately, the burden of proof still rests with the prosecution, so you can implement a few defenses to try to get the judge to drop the charges.

Negotiating a plea bargain in New York

On behalf of Bachner & Associates, P.C. posted in criminal defense on Wednesday, January 2, 2019.

If you have been accused of a criminal offense in the state of New York, it is likely that you will be feeling overwhelmed and confused. Facing criminal charges can feel like a lot to handle. But it is important to understand how you can work to possibly minimize the charges. Many defendants in the state of New York have the opportunity to negotiate a plea bargain -- but there are numerous things that need to be considered before you start.

It is vital that you understand how plea bargains work before you decide to negotiate one. It is not always the best option, because it will lead to some legal consequences. Getting your charges dismissed or being acquitted at trial are usually preferable options. However, it isn't easy to get charges dismissed and going to trial in order to show your innocence can take a great deal of time and money.

Holding parties responsible for securities fraud

On behalf of Bachner & Associates, P.C. posted in securities on Tuesday, December 18, 2018.

If you invest your time or money into a company in the state of New York, it is likely that you will be doing so based on the information that you believe to be true about the organization. When this information proves to have been incorrect, your investment could be a poor one. If the company has intentionally misled you, they could be guilty of securities fraud.

It is possible to take action to recover damages against a company for securities fraud. If you are considering doing this, you should take the time to learn more about the law in the state of New York.

Defenses against illegal distribution of prescription drugs

On behalf of Bachner & Associates, P.C. on Wednesday, December 12, 2018.

Prescription drug abuse is a growing problem in America. The number of those who misuse and overdose on opioids is staggering. According to the U.S. Department of Health and Human Services, 2016 had the most overdose deaths in recorded history: 42,000.

The severity of the issue means high consequences for those involved in the illegal distribution of prescription drugs. Some of these people are in the medical industry, such as providers and pharmacists. If you find yourself facing such charges, you are at risk of both legal and professional penalties. One of the following defenses may help your case.

Possible defenses to forgery allegations in New York

On behalf of Bachner & Associates, P.C. posted in white collar crimes on Thursday, December 6, 2018.

If you have been accused of forgery in the state of New York, it is important to take such an allegation very seriously. This is because the consequences of a forgery charge could have the potential to affect your career and credibility for many years to come. Make sure that you understand the possible penalties that you are at risk of, as well as the defenses that you have the opportunity to claim.

In the state of New York, there are three different degrees of forgery charges. Third-degree forgery is the least serious of the three, and this can lead to up to one-year imprisonment as well as a $1,000 maximum fine. Second-degree forgery is charged as a felony and has a higher potential to affect your future opportunities. If charged, you could face up to seven years in prison. First-degree forgery is the most serious charge and can result in a maximum of 15 years' imprisonment.

Your defense strategy's purpose must be defined

On behalf of Bachner & Associates, P.C. posted in criminal defense on Friday, November 23, 2018.

Facing a felony charge is a wakeup call for some people, especially those who make an honest mistake that led to criminal charges. Many people don't realize that something they are doing is illegal. For example, using someone else's debit card, even if they gave it to you, could lead to criminal charges in some instances.

We know that you might be shocked to learn that you are now a defendant in a criminal matter. This is frightening, especially if it is your first time in criminal court. We are here to help you discover what options you have. You must review each choice carefully since you might face life-long consequences stemming from a conviction.

Medical professionals face multiple drug distribution charges

On behalf of Bachner & Associates, P.C. on Monday, November 19, 2018.

New York has strict laws in place to regulate how doctors, pharmacists and other medical professionals prescribe and dispense certain medications. In particular, opioid prescriptions are likely to draw the scrutiny of the authorities due to the increased attention to this controlled substance on a national level.

According to Pix11 News, the New York Police Department recently worked with Drug Enforcement Administration agents to arrest five doctors, a nurse practitioner and a pharmacist for alleged illegal activities related to oxycodone.

2 federal securities laws public companies must comply with

On behalf of Bachner & Associates, P.C. posted in securities on Thursday, November 8, 2018.

Companies going public and offering stocks must follow specific rules. When they don't, there is a chance that criminal charges might follow. In some cases, civil lawsuits are possible. It is imperative that anyone who is in this profession understands what they are expected to do to avoid legal issues.

There are two primary federal securities acts that govern the companies that are offering securities. These include the Securities Act of 1933, which is commonly referred to as the Securities Act, and the Securities Exchange Act of 1934, which is known as the Exchange Act. Failing to comply with the terms set forth in these can lead to serious issues.