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GRECO NEYLAND, PC

NewYorkCriminalLawyer.com
Table of Contents
ABOUT US 03

WHY HIRE A PRIVATE LAWYER? 11

WHO ARE THE PUBLIC DEFENDERS 12

OUR PRACTICE AREAS 14

NYC DWI LAWYER 20

LEANDRA’S LAW 26

FEDERAL CRIMINAL 29

WHY MIGHT THE DA DROP CHARGES 41

GUIDE FOR THOSE CHARGED WITH FEDERAL CRIMES 42

THE MOST COMMON FEDERAL CRIMES 43

WHEN SHOULD I HIRE A LAWYER? 45

CONTACT US 49

NewYorkCriminalLawyer.com
About Us
At Greco Neyland, PC, our New York City attorneys conduct a thorough
investigation into all accusations and the circumstances surrounding them.

This is the best way to ensure we find every possible defense and makes us the
most prepared to take on prosecutors and get charges reduced or dismissed.

We value honesty, and we will always be transparent with our clients about the
process and frank in our assessments.

Jeff Greco, a former prosecutor, leads our New York City office.

Jeff is licensed to practice in state and federal courts and represents clients on any
criminal matter.

He has been trained to conduct the same tests as police use in DWIs, enabling him
to know exactly how an office may have made mistakes.

His knowledge of both sides of the criminal courtroom makes him an effective
advocate for the accused.

Dustan O. Neyland is a former prosecutor who now represents the accused in New
York City state and federal courts. Dustan has been trained in forensic
chromatography by the American Chemical Society, so he is able to identify errors
in drug cases and challenge prosecutors using flimsy scientific methods.

NewYorkCriminalLawyer.com
Without sufficient solid evidence, the charges against a client get reduced
or dismissed entirely.

It is part of the approach of Greco Neyland, PC: To walk into a courtroom


prepared to fight, and to wage that fight well. No matter how hopeless or
difficult a case may seem, Jeff Greco will make every effort, conducting a
thorough investigation into all allegations and all circumstances
surrounding those allegations to identify every defense.

Jeff is committed to an open, transparent relationship with clients. He


keeps them informed at every step. He is always honest with clients about
their chances and the options they have, so they can make the best
decisions.

Education

The University of Texas at Austin, B.A. in Economics


South Texas College of Law, J.D.

Licensed to Practice In:

New York
U.S. District Court, Southern District of New York (SDNY)
U.S. District Court, Eastern District of New York (EDNY)

NewYorkCriminalLawyer.com
Attorney
Jeffery Greco
Jeff Greco is a former prosecutor who now puts his
experience to work for those accused of crimes in New
York City state and federal courts.

Jeff Greco understands the way prosecutors work, and


he uses that knowledge to protect the rights and build
the strongest possible defense strategy for his clients.
Jeff has long held an ambition to protect those whose
liberty is at stake after being accused of a crime.

A defendant has the incredible weight of the government against him or her, with its
nearly infinite resources especially in the case of federal prosecutions.

As a former assistant district attorney and narcotics prosecutor, Jeff knows the tactics
the other side uses and knows how to fight them.

Further, he has extensive training on how police investigate DWIs. He has been
certified by the National Highway Traffic Safety Administration (NHTSA) to actually
conduct standardized field sobriety tests and spot controlled substance use in
drivers as a Drug Recognition Expert (DRE).

He also has been trained at Harvard Law School in DUI Defense tactics. This training
allows him to identify missteps by police, which he can then use to call the
prosecution’s evidence into question.

NewYorkCriminalLawyer.com
Professional Memberships

National Association of Criminal Defense Lawyers


National College of DUI Defense
New York State Defenders’ Association
New York State Association of Criminal Defense Lawyers
New York State Bar Association
Federal Bar Council
Federal Bar Association
Association of Federal Defense Attorneys
New York County Lawyers’ Association
Brooklyn Bar Association
Westchester County Bar Association
New York State Trial Lawyers Association

Honors

Top 100 Trial Lawyers in America

NewYorkCriminalLawyer.com
Attorney Dustan
O. Neyland
After Dustan O. Neyland graduated from Oklahoma
City University School of Law, he began his legal
career at a celebrated civil litigation firm where he
learned how to uncover the important facts of cases
and develop successful litigation strategies.

Dustan went on to work as a prosecuting attorney,


handling such types of cases as juvenile,
misdemeanor, and felony offenses.

It was during his time as a prosecutor that Dustan also learned about how police
officers and law enforcement agencies trample on the constitutional rights of people
accused of crimes.

This experience in which alleged offenders are frequently treated as criminals even
before they ever set foot in court inspired Dustan to be the voice for the accused.
With a passion for protecting the rights of alleged offenders, Dustan provides
aggressive legal defense for clients all over Manhattan and Brooklyn.

In addition to his training at law school, Dustan has also completed Forensic
Chromatography Course of the American Chemical Society. This experience not only
allows him to understand when crime lab analysis errors are made in drug cases, but
it also helps Dustan challenge prosecutors who use invalid science in the courtroom.

NewYorkCriminalLawyer.com
Dustan has received numerous honors over the course of his legal career. He was
named a Reader’s Choice for Best Attorney by Living Magazine in 2013, and
Dustan has also been included among the Top 100 Criminal Defense Lawyers by
The National Trial Lawyers in 2013 and 2014.

Education

University of Texas at San Antonio, B.B.A. in Economics


Oklahoma City University School of Law, J.D.

Licensed to Practice In:

New York
U.S. District Court, Southern District of New York (SDNY)
U.S. District Court, Eastern District of New York (EDNY)
United States Supreme Court

Professional Memberships

New York State Bar Association


National Association of Criminal Defense Lawyers
Phi Alpha Delta
Robert J. Turner American Inn of Court

NewYorkCriminalLawyer.com
Mehdi Essmidi
Mehdi Essmidi is a Senior Trial Attorney for Greco
Neyland P.C.’s New York office.

Mehdi is admitted to practice law in all New York State


Courts as well as Federal Court (Southern District of
New York and Eastern District of New York).

As a former NYC prosecutor, Mehdi started his career


as a Assistant District Attorney for the Bronx County
District Attorney’s Office.

During his time as an Assistant District Attorney, Mehdi worked on a wide variety of
criminal cases including: Domestic Violence, Assaults, Gun Possession cases, Driving
While Intoxicated (DWI), Leandra’s Law DWI, Burglary, Robbery, Prison Contraband,
Conspiracy, Drug cases, and Obstruction of Governmental Administration.

As an ADA in Bronx County Mehdi also worked on cases that involved DNA, medical
records, ballistic evidence, microscopic examination of bullet fragments, Viper video,
shot spotter evidence, the Intoxilyzer 5000 and 9000 (breath testing machines
used in NYC DWI cases), and expert testimony.

Mehdi earned his J.D. from New York Law School, where he took part in internships
at the New York County District Attorney’s Office, the Queens County District
Attorney’s Office, and the Kings County Criminal Court.

During his law school training and his time in the Bronx County District Attorney’s
Office, Mehdi was able to gain experience in a variety of criminal cases while learning
the policies and procedures used in 3 out of 5 of the District Attorney’s Offices in
New York City.

NewYorkCriminalLawyer.com
Mehdi also graduated Magna Cum Laude from West Chester University of
Pennsylvania with a Bachelor’s Degree and two minors, including a minor in Criminal
Justice.

Mehdi is dedicated to ensuring that clients are treated fairly and are not denied their
rights. Mehdi is multi-lingual, and speaks French and Arabic, thus providing direct
communication with the firm’s French and Arabic clients.

As a Senior Member of the Greco Neyland team he works very hard to provide the
best legal representation to their clients.

Mehdi happily provides personalized attention to each client, giving them the
proverbial “red-carpet” treatment because he truly embraces the Greco Neyland
mission,

“Everyone deserves the best and most skilled defense that is possible.”

NewYorkCriminalLawyer.com
Why Hire a
Private Lawyer?

If you’ve been arrested and face charges, one thing within your control is your
attorney. You have a right to legal counsel of your choice, or have an attorney
appointed for you.

In making your choice, you may be debating whether to hire a private attorney or go
with a public defender.

At Greco Neyland, PC, we want to provide you with information in making that
choice.

NewYorkCriminalLawyer.com
Who are the Public
Defenders?

New York City contracts with a nonprofit law firm in each borough for defense
services for people accused of crimes who are indigent, meaning they are unable to
afford an attorney.

In Manhattan, the city contracts with New York County Defender Services. NYCDS
was established in 1997. In Kings County, the city has contracted with Brooklyn
Defender Services since 1996. Public defenders are licensed attorneys.

However, there inherent challenges in the public defender office that private
attorneys do not face.

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No Control Over
Caseload
Public defenders are there to serve anyone who walks in their door who qualifies for
their services. In New York City, this is a huge number of people. Manhattan and
Brooklyn have a combined average of more than 170,000 arrests per year.

Many of them could never afford an attorney, including a large amount of homeless
people arrested for minor offenses. They rely on public defenders.

Developing a strong defense requires a thorough investigation. It requires a careful


look at all of the details of the arrest, how evidence was gathered and all other
surrounding circumstances.

Such an investigation can lead to discovering reasons why the evidence should be
excluded, reasons why an arrest should be tossed out, any and all reasonable doubt
and if any affirmative defenses may be applicable.

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Our Practice Areas
STATE CHARGES
VIOLENT CRIME
DRUG CRIME
MARIJUANA DEFENSE
DOMESTIC VIOLENCE
NYC PROSTITUTION LAWYER
SEX CRIMES
PROPERTY CRIMES
FIREARMS / WEAPONS CHARGES
SERIOUS TRAFFIC OFFENSES
CRIMINAL PROCEDURE
FIRST TIME OFFENDER
VIOLATION OF PROBATION (VOP)
WARRANTS

NewYorkCriminalLawyer.com
VIOLENT CRIME

In any criminal accusations involving violence, the potential consequences are often
far more severe under NY law. In addition to the prison time you might face if
convicted, there is a stigma around violent crimes that can haunt a person as they
look for jobs, apartments or apply for college or graduate programs.

Someone with a violent crime on their record, even a misdemeanor assault charge,
can appear dangerous or unstable, and there is no real way to expunge such a
conviction from your record, as the State of New York does not provide for
expunctions.

Charges for assault, kidnapping, homicide and other violent crimes can be based on
misunderstandings and situations with witnesses who are not very clear on what
they saw. An attorney can bring those flaws in a prosecutor’s case to light, and seek
for charges to be reduced or dismissed entirely.
DRUG CRIME
After New York passed the Rockefeller Drug Laws in 1973, creating mandatory
minimum sentences for certain offenses having to do with controlled substances,
the laws were used as models for how states should conduct the War on Drugs.

The main results, as witnessed in the Empire State and across the nation was soaring
populations in state penitentiaries and generations of people with criminal records.

In 2009, state drug laws were reformed. However, any offense involving controlled
substances in New York Supreme Court or a New York City Criminal Court can have
very serious repercussions.

If you face charges for a controlled substance-related offense under New York State
law, contact a skilled lawyer in Manhattan who will seek the best possible results for
you.

At Greco Neyland, PC, we represent people facing charges of possession, sale and
other drug offenses, from misdemeanors to class A-I felonies.

An attorney at Greco Neyland, PC with offices conveniently located in downtown


and midtown Manhattan can meet with you to discuss the charges. We work have to
give your case the personal attention needed to fight for the absolute best result.

At Greco Neyland, PC, we spend the time to thoroughly investigate each client’s case
to build the strongest possible defense for you.

Have a former prosecutor fighting for you. We know how the other side thinks
because we used to be on that side. We use that to put our clients in the best
possible position going forward. We represent clients throughout New York City
including Manhattan and Brooklyn.

NewYorkCriminalLawyer.com
MARIJUANA DEFENSE

Cannabis is the most commonly used substance in New York City that is also illegal
to possess under federal and, in more cases, state law. As of 2014, New York State is
developing rules that will lead to the legalization of small amounts of non-smokable
medical marijuana for certain patients.

Charges relating to marijuana can include possessing a small amount, which is a non-
criminal violation, to trafficking, which is a serious felony carrying a mandatory
minimum prison sentence. Even minor offenses, though, should be taken seriously.
For any accusation, your best strategy is to contact a skilled marijuana defense
attorney to represent you.

At Greco Neyland, PC, we represent clients on any charge relating to cannabis, from
non-criminal violations to felonies. We will thoroughly investigate the circumstances
of your arrest and challenge the evidence prosecutors bring forward, seeking to have
charges reduced or dismissed. We have worked as prosecutors, so we understand
both sides of the criminal courtroom and will put that knowledge to work for you.

NewYorkCriminalLawyer.com
DOMESTIC VIOLENCE

Allegations of domestic violence are taken very seriously by prosecutors and judges.
In many cases, a court will issue a restraining order or an order of protection for
which an alleged offender can be arrested for violating.

While the charges are pending the person accused of the crime might not be able to
return to his home or even see his children. Many families suffer a serious financial
setback during this time period. A criminal record can impact the entire family for
many years to come.

While this crime certainly deserves the serious consideration it is given by law
enforcement, there are occasions in which allegations may be false or deliberately
exaggerated in households where couples are in the midst of a divorce or child
custody dispute. Sometimes, police may be too eager to label a case as being
“domestic violence” without conducting a proper investigation.  If you have been
charged with this type of crime in New York, you will want to immediately discuss
your case with an experienced NYC Domestic Violence Lawyer.

NewYorkCriminalLawyer.com
CHILD
ENDANGERMENT
Endangering the welfare of a child is a vague offense in the
sense that it may apply to any number of actions or behaviors,
but overzealous police and prosecutors often will make this
charge for conduct that should not be criminal, such as leaving
an older child home alone for a short period of time.

In addition, due to the emotional nature of the accusation, it is


common for charges to be based on false reports that are part
of an ongoing child custody matter or other family dispute.

Due to the nature of the charge, it is not one you want on


your record, and a conviction may result in serious
consequences, including the removal of your children from
your home and custody.

If you face charges of endangering the welfare of a child


under Section 260.10 of the New York Penal Code, contact a
skilled lawyer who will seek the best possible results for you.

At Greco Neyland, PC, we represent people facing charges of


endangering the welfare of a child and other related legal
issues.

NewYorkCriminalLawyer.com
NYC DWI LAWYER
LICENSE REVOCATION HEARING
FIRST DWI OR DWAI
DWAI
MISDEMEANOR DWI LAWYER
DWI REFUSAL
DWI BREATH TEST
AGGRAVATED DWI LAWYER
COMMERCIAL DWI
VEHICULAR ASSAULT / DWI
OUT-OF-STATE DWI
FELONY DWI
LEANDRA’S LAW
IGNITION INTERLOCK DEVICE
ZERO TOLERANCENYC DWI LAWYER
LICENSE REVOCATION HEARING
FIRST DWI OR DWAI
DWAI
MISDEMEANOR DWI LAWYER
DWI REFUSAL
DWI BREATH TEST
AGGRAVATED DWI LAWYER
COMMERCIAL DWI
VEHICULAR ASSAULT / DWI
OUT-OF-STATE DWI
FELONY DWI
LEANDRA’S LAW
IGNITION INTERLOCK DEVICE
ZERO TOLERANCE

NewYorkCriminalLawyer.com
LICENSE REVOCATION
HEARING

It is your right to refuse to take a DWI breath test. Doing so denies critical evidence
to prosecutors, and is your best bet to avoid a criminal conviction for driving while
intoxicated.

However, refusal does not come without penalties. New York State has “implied
consent” laws, meaning that if you exercise your right to refuse a test, you face the
civil penalty of having your license revoked for a year, or 18 months if there is a prior
revocation for refusal. Before that happens, you will be afforded a DMV refusal
hearing.

NewYorkCriminalLawyer.com
FIRST DWI OR DWAI
A charge of DWI or DWAI is often a person's first experience with the criminal justice
system, including many people who never expected to be arrested for anything in
their life.

Under Article 31, Section 1192 of the New York Vehicle and Traffic Code, even a first-
time DWI or DWAI conviction can negatively affect employment or educational
opportunities and result in a host of unpleasant circumstances.

A conviction may result in a driver's license suspension, heavy fines, and possible jail
time. After a DWI, car insurance rates will almost certainly rise dramatically.

Thankfully, first-time offenders are usually treated less harshly by the courts than
repeat offenders. Charges for first-time offenders are often reduced and sometimes
dismissed.

At Greco Neyland, PC, our dedicated attorneys will fight for you and strive for the
best possible outcome in your case.

We may be able to challenge the evidence, including the traffic stop itself as well as
the results of drug or alcohol testing. Charges for first-time offenders are sometimes
reduced and occasionally dismissed.

We will work for you every step of the way, including helping you with license
suspension hearings. Throughout this process, you will benefit from having a skilled
Manhattan DWI lawyer with experience as a prosecutor on your side.

Greco Neyland, PC represents clients throughout all five boroughs of New York City,
including Manhattan, Brooklyn, and the Bronx.

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MISDEMEANOR DWI
LAWYER

When a person has been drinking in New York, the last thing that he wants to see in
his rearview mirror is the flash of police lights. However, there are thousands of
arrests made each year where the charges involve driving under the influence of
drugs or alcohol.

One of the most common Driving While Intoxicated (DWI) arrests is misdemeanor
DWI, based on the results of a breath, blood, or urine test that shows that a person
has a blood alcohol content (BAC) of .08 or higher.

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AGGRAVATED DWI
LAWYER

New York has laws in place that make penalties for driving while very intoxicated
much harsher. If convicted of operating a motor vehicle with a blood-alcohol
content (BAC) of 0.18 or higher, (more than twice the legal limit), some penalties
may be twice as severe as penalties for a regular DWI. This is referred to as an
aggravated DWI, or an “A-DWI.”

You may also face felony charges of A-DWI if there was a child in your car and you
are accused of driving while intoxicated.

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IGNITION INTERLOCK
DEVICE
The ignition interlock device is connected to a motor vehicle ignition system and
measures the alcohol content of the driver’s breath. To start the vehicle, the driver
must provide an acceptable breath sample. The ignition interlock device must
remain in the vehicle for at least 12 months, unless otherwise permitted by the court.

The restriction on the driver’s license that requires installation of the ignition
interlock restriction applies even if the license is revoked. You can find the restriction
written as “interlock device” on the back of the driver’s license. Under VTL1193.1 (c)
(iii), if the defendant does not own a vehicle, he or she is still prohibited from
operating a motor vehicle without the IID.

Courts and probation departments will direct convicted motorists to vendors for
ignition interlock installation. The NYS Division of Criminal Justice Services website
maintains a list of approved vendors to install and maintain the ignition interlock
device.

When required by a conviction, the ignition interlock device must be purchased and
installed at the driver’s expense.

To remove the ignition interlock restriction from the driver license, the monitor will
provide a form which must be completed the state that verifies that the person is no
longer required to install and maintain the device.

The form must be given to a local DMV office where a new driver’s license can be
obtained that does not contain the restriction.

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LEANDRA’S LAW
This law was enacted in 2009 after 11-year-old Leandra Rosado was killed when an
SUV that she and six other children were riding in was involved in a crash on the
Henry Hudson Parkway in Manhattan.

The driver, a mother of one of Leandra’ friends, was allegedly driving while
intoxicated (DWI).

This law imposes several penalties on drivers who are arrested for DWI with any
passenger who is 15 years old or younger in the vehicle.

If a person is convicted for this felony offense, he or she not only faces possible
suspension of driving privileges and mandatory installation of an interlock ignition
device, but also a lengthy prison sentence.

If you have been charged with DWI while a child was in your car, immediately
contact an experienced Mahattan criminal defense attorney. Jeff Greco and Dustan
O. Neyland are both former prosecutors, and this background gives them a unique
insight into how your case will be handled and what weaknesses can be exploited
following a thorough investigation of your arrest.

Greco Neyland, PC represents clients in Manhattan, Brooklyn, and the greater New
York City area.

Updates to the law also extended the period of ignition interlock device installation
from six months to one year for people who claim they do not own and will not
operate a car. Convicted offenders are now required to make any claim that they
won’t own or operate cars while under oath.

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Charges Involving
Leandra’s Law
New York Vehicle and Traffic Law § 1192 makes it a crime to operate a motor vehicle
while under the influence of alcohol or drugs, and § 1192.2-a(b) additionally
criminalizes operating a motor vehicle while under the influence of alcohol or drugs
while a child who is 15 years of age or less is a passenger in such a motor vehicle.

The criminal classification of this offense depends on whether


the alleged DWI resulted in any injury:

DWI while a child who is 15 years of age or less is a passenger


— Class E felony
DWI resulting in serious physical injury to child passenger
who is 15 years of age or less — Class C felony
DWI resulting in death of child passenger who is 15 years of
age or less — Class B felony

New York Leandra’s Law


Penalties
The possible prison sentences for violations of this law depend
on the classification of the offense:

Class E Felony — Up to four years in prison


Class C Felony — Up to 15 years in prison
Class B Felony — Up to 25 years in prison

NewYorkCriminalLawyer.com
In addition to possible prison time, an alleged offender also
faces the following punishments if convicted of this crime:

Mandatory installation of ignition interlock device for


at least six months
Driver’s license suspension
Report submitted to the Statewide Central Register of
Child Abuse and Maltreatment (if driver is child’s parent or
legal guardian)

It is also important to note that a person convicted of this offense who is arrested for
DWI again will be charged with a Class E Felony.

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FEDERAL CRIMINAL
FEDERAL DRUG
RICO
ILLEGAL REENTRY
WHITE COLLAR CRIME
FEDERAL WEAPONS OFFENSE
TERRORISM CRIMES
FEDERAL CHILD PORNOGRAPHY

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ILLEGAL REENTRY

Under most circumstances, it is not a crime to be in the country without legal status.
However, once a person has been removed or deported, he or she may not return.
Being in the United States after a removal action is a crime. If convicted, a person
will likely face time in prison. Once that time is up, they may be returned to their
home country — often to face consequences there, too.

NewYorkCriminalLawyer.com
If you have been accused in Manhattan or Brooklyn federal court of the crime of
entering the United States after being removed, it is critical that you immediately
contact a skilled attorney who can fight the criminal charges.

At Greco Neyland, PC, we are former prosecutors who now represent the accused.
We will conduct a thorough investigation to uncover every defense and every
reasonable doubt in the charges against you.

Contact a New York City illegal reentry lawyer to schedule a free initial consultation.
We represent clients in the U.S. District Courts for the Eastern District (Brooklyn) and
Southern District (Manhattan).

Most immigration matters are civil. If a person is accused of being in the United
States without legal status — including if they entered the country on a valid visa that
has now expired — they are not facing criminal charges unless there is an allegation
of fraud.

Removal is a civil process, and the immigrant is entitled to a hearing and a decision
by an immigration court. If, however, the court decides to remove the immigrant, he
or she must leave the country.

Under 8 U.S.C. § 1326, once a person has been removed, it is a crime for that person
to return to the United States. The same law applies if the person has been the
subject of an order of exclusion.

Any person who is convicted of entering, attempting to enter or being in the United
States after being deported or excluded faces up to two years in prison and/or fines.
Once the prison term is complete, it is very likely that person will be removed. The
penalties worsen if the accused was removed due to a criminal conviction. A person
who is removed due to three or more misdemeanors involving drugs or crimes
against persons, a felony or an offense related to terrorism faces up to 10 years in
federal prison. A conviction for an aggravated felony can result in up to 20 years.

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WHITE COLLAR CRIME

White collar criminal matters are very different from other federal cases for a variety
of reasons. The first is that the method of collecting the evidence often cannot be
kept quiet, so the person who is being investigated learns that he is being targeted in
advance of charges being filed. Frequently, there may be months between learning
about the investigation and facing actual charges. Retaining experienced and
aggressive criminal defense attorneys like Greco Neyland, PC as soon as a person has
learned about the white collar investigation is the best way to counteract the efforts
of an overzealous prosecutor.
A second distinct feature about many federal white collar cases is that the accused
often does not have any prior criminal history.

While this is good, it is also bad in that the inexperience of the situation at hand can
cause someone going through it without a criminal defense attorney by their side to
commit a grave error in their case, mistakenly thinking it is going to help them down
the road.

Many times, prosecutors will take advantage of this and will try to convince the
person under investigation or being charged that discussing what he did is the most
effective way of getting through the process quickly, but this is completely false.

Having a skilled and tenacious criminal defense attorney will ensure that there are no
unnecessary waivers of constitutional rights.

It also provides the criminal defense attorneys with the opportunity to view the
investigative tactics of the various law enforcement personnel in order to react to
actual or potential violations of a person’s rights.

There are many different crimes that fall within the designation of “white collar.”
These crimes have the underlying goal of financial gain and rely on fraud and/or
deception to produce the desired outcome.

Many times, the person being charged with this type of crime is a professional who
works in business or finance.

Although these are financial crimes, the penalties may be as punitive, or even more
severe, than crimes involving violence or controlled substances, including lengthy
prison terms. Once a sentence has been imposed, the defendant may expect to
serve 85 to 90 percent of the prison term, so it is critical to fight as hard as possible
before conviction has occurred. It is important to have a criminal defense attorney
who understands how the Assistant United States Attorney is going to put the case
together in order to effectively challenge the evidence and witness testimony.

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TERRORISM CRIMES
These types of crimes have a very different meaning today than they did before
September 11, 2001, but it is important to remember that everyone accused of a
serious crime deserves a zealous defense. The crime of terrorism involves the using
the threat of violence or actual violence to instill fear in a group of people.

A person who has been arrested for the crime of terrorism faces serious charges, but
the potential penalties may depend on the individual’s criminal record, including
whether he has a history of violent crimes, as well as whether a weapon was involved
in the terrorist acts or the threats of terrorism.

When there are injuries as a result of the terroristic act, the penalties are increased
considerably and will be based on the extent of the injuries and whether there were
any fatalities. Major property damage also is considered in these cases.

NewYorkCriminalLawyer.com
FEDERAL CHILD
PORNOGRAPHY

The attorneys at Greco Neyland, PC represent clients charged with child


pornography under both state and federal law in Manhattan and throughout the five
boroughs of New York City. Call us today for a free consultation to discuss the case
against you.

After a criminal accusation is made, never talk to a law enforcement officer or other
type of investigator until after you have secured the services of a qualified attorney
to represent you.

It is important to note that a person can be prosecuted under state child


pornography laws in addition to, or instead of, federal law.

NewYorkCriminalLawyer.com
After a criminal accusation is made, never talk to a law enforcement officer or other
type of investigator until after you have secured the services of a qualified attorney
to represent you. In many of these cases, the accusations become public after law
enforcment officers execute a search warrant to seize computers and other items
from a person’s home or business.

Child pornography charges often involve allegations of receipt, possession, copying,


advertising, distribution, or production of materials that meet the requirements of
depiction of minor children in a sexually explicit manner or some form of
communication with a child for the purpose of sexual stimulation.

When a federal prosecutor brings child pornography charges against an individual,


they typically perceive links between the person and the criminal activity, whether
that is evidence that the person was in control of the computer that was the method
for the distribution of the pornography or some other connection.
RICO
The Racketeer Influenced and Corrupt Organizations Act (RICO) initially was enacted
in order to address organized crime. The act targets activities that are in furtherance
of ongoing criminal organizations.

RICO charges may be brought by both state and federal governments, but it is a
common federal indictment. In addition, the RICO Act provides for a civil cause of
action to recover damages resulting from the criminal actions.

Under the terms of RICO, a person can seek treble damages, leading to financial
devastation for the defendant’s family and/or business.

RICO charges now are brought against many individuals and businesses, far beyond
the original scope of the act. There a list of statutorily designated crimes that fall
within the purview of RICO.

When a person or corporation commits 2 out of the 35 potential criminal acts, within
a time period of 10 years, he may risk being prosecuted for RICO violations. This is
often thought of as a high-profile types of case for federal prosecutors, so it is easy
for them to turn into nothing more than witch hunts that gather up people who were
not acting in furtherance of an ongoing criminal organization (often, they merely
were in the wrong place at the wrong time).

These federal prosecutors often lead the charge against the targeted individuals,
relying on the vast resources of the federal government, including the investigative
officers from a number of federal agencies, to compile reams of evidence.

It is critical to have criminal defense attorneys who understand the challenges that
RICO cases present and are armed with the tools to defend against the
manipulations of the federal prosecutor, which is what you will get with Greco
Neyland, PC.

NewYorkCriminalLawyer.com
What Happens When
Criminal Charges Get
Dropped in NYC?
Dropped charges and dismissed cases are some of the best outcomes a criminal
defendant could ever have. It means there won’t be a trial, you’re not going to jail,
and nothing is going on your criminal record.

But it’s important to understand what’s happening when charges are dropped, what
it means for your case, who can do it, and why it’s happening.

Who Can Drop Charges?

Bad news first: the victim of the crime cannot drop charges. Once the cops make an
arrest only the DA can do that. The DA may take the victim’s wishes into account,
but he or she has the option not to.

In New York, all crimes are considered to be crimes against the state, not crimes
against individuals. The victim is just a witness in the case against you. The victim
might stymie the prosecution by refusing to testify or cooperate, but nevertheless
has no power to put a stop to the process. This is any victim, any crime, though the
question comes up most often in domestic violence cases.

Cops do occasionally ask, “Do you want to press charges?”

What they’re really asking is: “Do you want us to make an arrest?” The cop has
leeway to arrest or not arrest as he or she sees fit. That ability to make a
determination is actually considered to be part of the criminal justice process. In
essence your case goes through several “gates” before it can get all the way to trial.
These gates are decisions various people make along the way.

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First the cop has to decide you are guilty enough to arrest. Then the DA has to decide
he or she has enough to prosecute. Then a Grand Jury must make the same
determination.

And then the petit jury must determine guilt or innocence. So at that singular point,
you do have some power. But you have to decide there. If you say, “Yes,” the cop will
make the arrest, and it will be out of your hands from there on out.

What’s the difference between dismissed charges and dropped


charges?

Charges can be dropped at any point in the process, all the way up to the date of
your trial. Charges can only be dismissed after they’ve been filed in the first place.

NewYorkCriminalLawyer.com
But the real thing you want to pay attention to is whether the charges are dropped or
dismissed with or without prejudice.

If they’re dropped or dismissed without prejudice, the state can’t bring the same
charges against you for the same crime. They can charge you for the same sort of
crime on a different day at a different time and place though, so you’ll want to watch
yourself afterward.

If they’re dropped or dismissed with prejudice the DA is reserving the right to press
charges again if further evidence comes to light. This is the most likely scenario. The
good news is this: if the DA is dropping or dismissing charges due to insufficient
evidence there might not be any more evidence to find. If that is the case, you can
probably breathe easy.

NewYorkCriminalLawyer.com
Why might the DA
drop charges?

There are three common reasons why this happens.

The cops performed an illegal search.


The cops didn’t have probable cause to search you or interfere with you in the
first place.
There isn’t enough evidence to charge you with this crime.

Your lawyer’s first move should be to see if one of those three scenarios applies. If
so, he or she should then try to work with the DA to get the charges dropped or
dismissed. Sometimes, this will lead to a plea bargain wherein the charges are
reduced. It will be up to you to take that or not.

Once the DA declines to drop or dismiss it’s probably not going to happen. At that
point, it would be time to start looking for other solutions.

NewYorkCriminalLawyer.com
The Definitive Guide for
Those Charged with
Federal Crimes in NYC

When the United States Department of Justice charges you with a crime in New York
City, you’ve got a long road ahead. The full weight of the federal government’s law
enforcement and prosecutorial machine is arrayed against you.

We’re experienced federal criminal lawyers who have gone toe to toe with the US
Attorney’s office on multiple occasions. We’ve put this guide together to help give
you your best chance at seeing your case through to a successful conclusion.

Protecting your freedom and guiding your case to its best possible outcome is going
to depend on you doing everything right. A single misstep could send you to federal
prison, where you’ll serve a harsh sentence guided by federal mandatory minimums.

NewYorkCriminalLawyer.com
What are the most common
federal crimes charged in
New York City?

Drug trafficking tops the list, with immigration, fraud, and firearm crimes coming in
just behind. It’s important to note that 97.3% of defendants plead guilty once they’re
charged with a federal crime. It is all but impossible to land in the lucky 2.7% who
don’t without the help of a qualified federal criminal attorney.

But that same attorney can tell you that for some defendants, negotiating a deal is
the smartest move. Half of those who plead guilty receive a lighter sentence than
allowed for by federal mandatory minimums.

Almost 60% of those individuals receive these lighter sentences at government


request, usually because they provided law enforcement with substantial assistance
which allowed law enforcement to pursue larger targets.

NewYorkCriminalLawyer.com
Some also agree to have their cases handled as part of an early disposition program.
This is also known as the fast track program. Like any plea bargain structure, the fast
track program is designed to save the government time and money by avoiding
trials.

Prison is the most common sentence, but in some cases, offenders are sent straight
to probation or are given some combination of probation and house arrest.

While 71% of defendants receive sentences of less than 5 years, any conviction will
have a significant impact on your life going forward, making it difficult to obtain
employment or housing. In many cases, the government also levies fines against
defendants.

NewYorkCriminalLawyer.com
When should I hire a
lawyer?
Anyone who is embroiled in a federal case needs to hire an experienced federal
criminal attorney as soon as possible. Ideally, you’d hire your attorney the moment
you become certain you’re facing a federal investigation.

You might find out one of three ways. First, you might just notice signs of
surveillance or wiretapping. If you know you’ve been up to something which could
trigger a federal criminal investigation you should probably trust your instincts.

You might also find out the first time agents knock on your door to “ask a few
questions.” The one thing you don’t want to do is let them in, or answer anything
without a warrant. Call an attorney immediately, and volunteer nothing. Your
attorney will advise you on how to proceed from there.

If they show up with a warrant you do have to allow their search to proceed. But you
should use the time to make a call to an attorney before they’ve had time to find
anything which could lead to your arrest.

The third way you might learn you’re the target of an investigation is through receipt
of a “target letter.” Though this happens most often in white collar cases. If you’re
receiving a target letter there is already substantial evidence against you. But it’s not
over yet. A target letter isn’t a guarantee of an indictment.

You should be wary if you receive a subject letter too. Though you aren’t the “target”
of the investigation, the DOJ thinks your conduct is suspect or unethical, and that
you may have information that could lead to the prosecution of a target. But subjects
can quickly become targets, so it’s best to get an attorney if you see this letter, too.

NewYorkCriminalLawyer.com
Where should you look
for a federal criminal
lawyer?

While you can easily start with Google or any of the lawyer directory sites out there,
you should begin primarily by reading the attorney’s reviews. It’s also a good idea to
look at the attorney’s background and experience.

Remember, you’re facing everything the DOJ can throw at you. They have unlimited
resources. You don’t, but experience counts for a great deal. Hiring an attorney with a
deep understanding of the way the system works, both in and out of court, is your
best bet.

NewYorkCriminalLawyer.com
Next, you’ll need to ask yourself whether you trust this attorney to tell you the truth.
It’s not a good idea to hire an attorney who sugarcoats anything. You need to know
exactly what your options are, and how to respond to your situation.

Ultimately, the attorney you hire should be someone you’re extremely comfortable
with. You will need to be candid with your attorney when he or she asks you
questions about your case.

You’re trusting this professional with your life and future. Take advantage of the
consult time if you have the time and luxury to do so. If you aren’t comfortable with
the attorney when you meet, move on until you are.
How can your federal
criminal attorney
affect your charges?
There are several ways we can help, but Wearing an ankle bracelet and remaining
much will depend on your case. under house arrest, for example, is usually
preferable to going to federal prison. If
In a perfect world, we’d be able to get that’s not possible or if we think we have a
your charges dropped or dismissed after good chance of winning, then you need
reviewing the evidence and meeting with someone who can and will fight for you in
the Assistant US Attorney. federal court.

We might also be able to convince a Who has the experience and track record
Grand Jury to determine that there is not to undermine the case against you and to
enough evidence in your case to proceed. guide the jury to a “not guilty” verdict.

Negotiating a plea deal or an immunity Again, the amount of time you give the
deal might be the next best step. attorney to respond is extremely
important here. More time means more
In some cases we may be able to create a resources to investigate your case, more
situation where you avoid doing any time time to find expert witnesses, and more
for your alleged role in the federal crimes room to negotiate on your behalf. And
that are under investigation. once you’ve hired the attorney, you can
breathe easy knowing you have the best
If that’s unavoidable, we may be able to answers to give federal investigators: “I
negotiate a reduced or more palpable will have my attorney contact you
sentence. immediately,” or “I will not speak without
my attorney present.”

NewYorkCriminalLawyer.com
CONTACT
US

Greco Neyland, P.C.

Phone: (212) 951-1300

Our Office Locations

Midtown (Main Office) Location:

Greco Neyland, P.C.

535 5th Ave #2500


New York, NY 10017
Phone: (212) 951-1300

White Plains Location:

75 S Broadway #477
White Plains, NY 10601

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