Welcome to the Law Office of David Galison, P.C. Law Blog

Welcome to galisonlaw.com law blog. Our mission: to scour the universe for compelling stories in several related areas: DWI law, criminal law and and traffic law. Current changes in these laws offer broad interpretations, encompassing such recent news as the Leandra’s Law, and Jack Shea's law which eases restrictions on collecting blood in intoxication cases. We’ll write about industry news and legal trends, with a sprinkle of good old-fashioned gossip.

We’ll link to the best coverage of law and lawyers from around the Web, report some news of our own and look to you for contributions. We heartily invite your comments, tips and insights.

Along with my ruminations, this blog will include bits and bites from articles in the the New York Law Journal and Legal Newswires. Email me at david@galisonlaw.com.

Wednesday, February 1, 2012

Petit/Petty Larceny (Shoplifting) And Grand Larceny

SHOPLIFTING ATTORNEY NASSAU COUNTY
Larceny and Grand Larceny


David Galison, P.C. Website

     If you have been charged with a larceny crime in Nassau, Suffolk or Queens County, call the Law Office of David Galison, P.C. immediately for a free consultation. A lawyer will answer your call and speak with you directly regarding the charges and your defenses. The phone number is 516-242-4477, and calls are answered 7 days a week

     Shoplifting is one of the most common crimes charged in Nassau, Suffolk and Queens Counties. It is a theft crime and can be charged as a petit larceny or a grand larceny. A petty or petit larceny is theft of property valued at less then one thousand dollars ($1,000.00) and a grand larceny is theft of property valued over one thousand dollars ($1,000.00).

     Larceny can be charged as either a misdemeanor (petit larceny) or a felony (grand larceny) depending on the value of the item taken and the manner in which the item is taken. For example; taking a wallet from a store without paying for it would be charged as a misdemeanor petit larceny, however, taking a wallet from a person (pick-pocketing) would be charged as a felony grand larceny.

     The consequences of a conviction for a petty larceny can vary from up to one year in jail to three years probation or just a fine and surcharges. And although it is not typical for a first time offender to be placed in jail the social stigma that is attached to a conviction could affect future employment and professional licensing, as well as, immigration and naturalization.

     A conviction for grand larceny carries with it the potential for a sentence of more then one year in upstate prison or five years probation. However, under certain circumstances a sentence of a fine, and state surcharges can occur with no jail or probation being ordered.

     With the consequences of a larceny related conviction being so severe it is of utmost importance to retain an experienced criminal defense attorney who will fight to protect your rights. Whether it is taking your case to trial or negotiating a favorable plea bargain the law office of David Galison, P.C., will stand by your side throughout all stages of the case.

 Call the office today at 516-242-4477 for a Free Consultation. 

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The New York State Penal Law defines Larceny as follows:

§ 155.05 Larceny; defined.
1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.
2. Larceny includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subdivision one of this section, committed in any of the following ways:
(a) By conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses;
(b) By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the  recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner;
(c) By committing the crime of issuing a bad check, as defined in section §190.05;
(d) By false promise. A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct. In any prosecution for larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed;


Thursday, January 26, 2012

Nassau County Speeding Ticket Attorney


Speeding Ticket Lawyer Nassau County

If you have received a speeding ticket in Nassau County New York, you should allow the law firm of David Galison, P.C, to handle the violation on your behalf. (See Traffic Ticket Website)

Nassau County employs experienced trial attorneys to prosecute and litigate tickets to the fullest.  Therefore, you should have, and you have the right to have, an experienced attorney representing you.

An experienced attorney can help you litigate and try to minimize the potential consequences of a traffic violation. See Points Chart and also NYSDMV Brochure

Most people don’t realize the ramifications that accompany a traffic ticket conviction.

For example:

  • ·      A speeding ticket conviction may result in a minimum of 3 points and a maximum of 11 points being added to your drivers’ license, depending upon how many miles over the speed limit you are convicted of driving. 
  • ·      Insurance carriers use these points against you and can raise your insurance premiums for 36 months if points are added to your license for any moving violation.
  • ·      In the event that you receive 3 speeding ticket convictions within 18 months, or accumulate more then 10 points on your license within 18 months, the Department of Motor Vehicles will either suspend or revoke your driver’s license. 
  • ·      And, if you are found to have been driving excessively fast or recklessly, a Judge can even put you in jail. 

I am an experienced attorney who has been handling traffic and criminal matters for over a decade. In most cases, I can appear in court without your presence being necessary, thus saving you time from loss of work and other important obligations.

Call the office today at 516-242-4477 to schedule a free consultation and find out how I can assist you in fighting your traffic ticket. 

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Below is a list of the Nassau County Courts that I can be retained to appear at.
16 Cooper Street, Nassau County Traffic & Parking Violations Agency (NCT&PVA)
Atlantic Beach Village Court
Baxter Estate Village Court
Bayville Village Court
Bellerose Village Court
Brookville Village Court
Cedarhurst Village Court
Centre Island Village Court
Cove Neck Village Court
East Hills Village Court
East Rockaway Village Court
East Williston Village Court
Farmingdale Village Court
Floral Park Village Court
Flower Hill Village Court
Fractal Village Court
Freeport Village Court
Garden City Village Court
Glen Cove City Court
Great Neck Estates Village Court
Great Neck Plaza Village Court
Great Neck Village Court
Hempstead Village Court
Hewlett Bay Park Village Court
Island Park Village Court
Kensington Village Court
Kings Point Village Court
Lake Success Village Court
Lattingtown Village Court
Laurel Hollow Village Court
Lawrence Village Court
Long Beach City Court
Lynbrook Village Court
Malverne Village Court
Manorhaven Village Court
Massapequa Park Village Court
Matinecock Village Court
Mill Neck Village Court
Mineola Village Court
Munsey Park Village Court
Muttontown Village Court
Nassau County Court
Nassau County District Court - 1st District - Criminal Court
Nassau County District Court, 2nd District - Hempstead
Nassau County District Court, 3rd District - Great Neck
Nassau County District Court, 4th District (Glen Cove & Oyster Bay)
Nassau County Traffic Court
New Hyde Park Village Court
North Hills Village Court
Old Brookville Village Court
Old Westbury Village Court
Oyster Bay Cove Village Court
Plandome Heights Village Court
Plandome Manor Village Court
Plandome Village Court
Port Washington North Village Court
Rockville Centre Village Court
Roslyn Estates Village Court
Roslyn Harbor Village Court
Roslyn Village Court
Russell Gardens Village Court
Saddle Rock Village Court
Sands Point Village Court
Sea Cliff Village Court
South Floral Park Village Court
Stewart Manor Village Court
Thomaston Village Court
Upper Brookville Village Court
Valley Stream Village Court
Westbury Village Court
Williston Park Village Court
Woodsburgh Village Court

Speeding Tickets Nassau County
  • • Red Light Tickets Nassau County
  • • Stop Sign Tickets Nassau County
  • • Passing a School Bus Nassau County
  • • Failure to Signal Nassau County
  • • Unsafe Lane Change Nassau County
  • • Illegal U-Turn Nassau County
  • • Cell Phone/Texting while driving Nassau County





Thursday, April 28, 2011

Kings Point Video Surveillance

VIDEO SURVEILLANCE
Who's Watching

The incorporated village of Kings Point, located in Nassau County, New York, has recently initiated a video surveillance program that reeks of “Big Brother”. Video cameras are being installed at all entrances into the village so that every automobile’s license plate is recorded. The license plate information will then be sent electronically to databases to determine if the car or driver is wanted by any state or federal agency. If the car or driver is wanted the police will be immediately dispatched to stop the vehicle and presumably make an arrest. While proponents of this type of invasive electronic monitoring argue that if you have not broken the law you have nothing to worry about, one has to question the civil liberties implications. The government will be keeping an electronic log of when and where you have been, that is scary. That is right out of George Orwell’s book 1984. What is even more disturbing is that Kings Point is only 3.3 square miles and has its own police department. Does the village really need this system? Are the police incapable of competently patrolling this minute area or does Kings Park just have too much money?

Many of us are already familiar with the “Red Light Cameras” that have been popping up all over Long Island. These cameras take video of automobiles that pass through red lights. The owner of the vehicle is then sent a ticket with a web link to watch the video online of the vehicle as it passes through the red light. The fine is $50.00 with a $10.00 surcharge. What impact these cameras have on driver safety is debatable since slamming on one's brakes to avoid a ticket can cause an accident just as easily as running a red light.  What is not debatable is that these cameras are generating millions of dollars for the county. So is it the safety factor or revenue raising that has motivated the installation of these metal eye sores? I suggest that it is revenue raising.


 Facial recognition software is currently utilized at sporting events and other large gatherings to filter through crowds and find wanted individuals. If other communities follow Kings Point lead you may soon have you're every movement video taped once you step outside your door. I do not believe that government should be video monitoring lawful citizens in public even if it doesn’t violate the law. The next time that you pull up to a traffic light and see a video cameral just remember your being watched and it is being recorded.

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  At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with the possession or sale of any drug, or are charged with any alcohol related driving offense in Nassau, Suffolk or Queens County, contact the Law Office of David Galison, P.C. at 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at: David Galison, P.C.

Wednesday, April 13, 2011

Nassau County Police Officer Lynch Internal Investigation Reports

Nassau County DWI Cases and Probable Cause to Stop

      I have attached a link that every person that lives in Nassau County should read. It concerns Nassau County Police Department Officer Lynch, and an internal investigation regarding his practices when it comes to stopping and arresting individuals suspected of DWI. Actually, if you read the report you will find that there usually was not probable cause to stop the motorists in the first instance, and that the allegations against the Defendant's seem to have been manufactured to justify an unlawful investigation. This report should be seen by every juror and tax-payer in Nassau County and throughout the state of New York. It confirms what defense attorney's have been saying for years, that police officers should be given no more credibility then an average citizen when it comes to testimony in a trial. Police officers can and do lie in order to obtain convictions. It is very easy for a Police officer with years of experience and on the job training to exaggerate and even manufacture allegations in order to secure a conviction. 


       Think about it, if I wanted to convince a jury that you were intoxicated what would I say, what do the police say. They are trained to say and do say, "When I pulled over the motorist I observed the following"
  • A strong odor of an alcoholic beverage coming from the defendant's breath.
  • Glassy bloodshot eyes.
  • Slurred speech.
  • The defendant was unsteady on his/her feet.
  • Fumbled with his/her driver's license, or gave the wrong documents.
  • Failed all Standardized Field Sobriety Tests.
  • The list goes on and on....
        Mind you, not every motorist alleged to have committed the offense of DWI displays every sign of intoxication. However, if you sit on a jury in Nassau or Suffolk County in all likelihood you will hear all the items listed above and more. But when you do keep in mind that Police can lie and exaggerate just like any other witness. If you ever sit on a Jury and feel that the officer is exaggerating/lying you should vote to dismiss. A conviction should never stand on the shoulders of perjured testimony no matter how slight.

       As for Officer Lynch, he is still working as a police officer in Nassau County, and both you and I are paying his salary and benefits.

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       At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with a DWI, a Drug Charge or even a Traffic Ticket give us a call. Call 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at WWW.GALISONLAW.COM for further information.


Thursday, April 7, 2011

NASSAU COUNTY COURTS
CHALLENGING THE CLOSED 
NASSAU COUNTY CRIME LAB
DWI – Breath Testing

     Over the past several months I have received numerous phone calls regarding the Nassau County Crime Lab closure and it’s impact upon those who are currently fighting their DWI cases and those who are looking to re-open their cases. It has been my position that every effort should be made to challenge the results of all the breath testing equipment utilized by the police as the results are highly questionable in light of the disclosures concerning the now closed crime lab. How will the Nassau County Judiciary rule on cases in which the breath testing results are called into question. The answer at this time is unknown, however, there is a light at the end of the tunnel.

    Judge Sharon M.J. Gianelli* will be conducting hearings in the Nassau County District Court in the coming weeks dealing with the issues raised by the crime labs closure. The results of Judge Gianelli’s ruling will undoubtedly have a major impact upon how DWI cases are litigated in Nassau County and could open the floodgates to motions to set aside verdicts. Judge Gianelli is one of the most respected Judges in the Courthouse by both defense counsel and the prosecution. I have attached a copy of Judge Gianelli’s decision below but have redacted the name of the Defendant because I do not believe it is proper to publish it.

















































































































































*Judge Gianelli received her JD from Brooklyn Law School and was admitted to the Bar in 1989.

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At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with a DWI, a Drug Charge or even a Traffic Ticket give us a call. Call 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at WWW.GALISONLAW.COM for further information.


Wednesday, March 30, 2011

NASSAU COUNTY DISTRICT ATTORNEY KATHLEEN RICE
ISSUED LETTERS TO PRISON INMATES INFORMING THEM
OF DEFICIENCIES IN THE NOW DEFUNCT NASSAU COUNTY CRIME LAB

    The Nassau County District Attorney Kathleen Rice has recently issued a letter to almost three hundred inmates informing them that the Nassau County Crime Lab may have made mistakes in connection with drug and alcohol charges they face. (See the letter below) The crime lab was ordered closed by County Executive Edward Mangano and is currently under investigation.

     The letter issued by Rice makes no mention of the fact that the lab has been shut down or that there is a possibility of criminal charges being filed against lab employees. Furthermore, the letter denies known deficiencies in blood alcohol testing, but admits that administrative errors in documentation and reporting have been uncovered. To this end, Margaret Fisher, a scientist at the lab has admitted to at least 9 known errors. The State Inspector General has recently issued subpoenas to County Executive Edward Mangano and former County Executive Thomas Suozzi in connection with the continuing investigation in which over 100 subpoenas have issued already. 

     For the time being the lab is closed and the door is locked with a key that is only held by the State Inspector General's Office and the head of Police Internal Affairs. In addition a video camera is mounted outside the lab to monitor the door just in case anyone should try to break in. 

     Just what impact the errors and deficiencies in testing and documenting will have on drug and driving while intoxicated (DWI) cases is as of yet unknown. However one thing is certain, the credibility of every test done by the Nassau County Crime Lab is questionable at best. 

     


     At the Law Office of David Galison, P.C., we strive to ensure that your rights are protected. If you are charged with the possession or sale of any drug, or are charged with any alcohol related driving offense in Nassau, Suffolk or Queens County, contact the Law Office of David Galison, P.C. at 516-242-4477 to schedule a FREE CONSULTATION to discuss your case. Visit our website at: David Galison, P.C.

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Sunday, March 27, 2011

Nassau County Criminal Attorney David Galison, P.C., Publishes New Legal Website


Nassau County Criminal Attorney David Galison, Publishes Website Providing Nassau, Suffolk and Queens County Residents with Valuable Information for Those Facing Criminal Charges in New York State.

Criminal Attorney Nassau County
Nassau County Criminal Attorney David Galison recently launched a new web site,      
http://www.criminalattorneynassaucounty.com  This latest website is one of several informational sites which are part of the Galison Law Legal Web Network.

David Galison, Managing Partner of the Law Office of David Galison, P.C. says that the new site  was designed in an effort to answer the most common questions that someone facing criminal charges in New York State could have. It also answers many questions for clients who are hesitant to call a criminal defense attorney to ask relevant questions which may impact their existing legal situation.

Galison said, “The information provided on this new website gives potential clients an understanding of my personalized service that sets my law office apart from other law firms,” he explains. “I encourage clients to keep fully informed of their case's progress and to actively participate in their defense throughout all stages of the proceedings.”

One feature of the new site is the frequently updated criminal law blog that David Galison updates and contributes to several times a week. The blog includes commentary and articles written by David Galison and includes coverage of legal issues pertaining to the Nassau County Court system. The blog invites your comments, tips and insights.

David Galison regularly appears in Nassau, Suffolk and Queens County Criminal Courts. Mr. Galison is licensed to practice law in the State Courts of New York, Florida and Massachussets, as well as the Eastern District Federal Court.

David Galison is a graduate of the Michigan State University College of Law where he graduated Magna Cum Laude. In addition, Mr. Galison received the Dean’s List Award in Commercial Transactions.

For more information, visit http://www.criminalattorneynassaucounty.com or contact David Galison at 516-424-4477 or by email to david@galisonlaw.com.

About The Law Office of David Galison, P.C.:

At the Law Office of David Galison, P.C., it is understood that an arrest and conviction for any crime can affect the rest of your life. With such serious consequences on the line, every client receives personalized attention. Clients are kept fully informed of their case's progress and actively participate in their defense throughout all stages of the proceedings. It is the personal service that David Galison, P.C. provides to the client that sets the office apart from other law firms.

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Criminal Attorney Nassau County
The Law Offices of David Galison, P.C.
Attorney Answering to Criminal Charges in New York State.
Serving Nassau, Suffolk and Queens County, New York.