A defendant who’s been charged in a criminal case is entitled to a speedy trial under state of New York Criminal Procedure Law Section 30.30. The reasoning is that it’s unfair to have criminal charges pending indefinitely, and that defendants have the right to a trial. The statute was created to prevent unreasonable delay.
In the state of New York, it’s required that a criminal action be started within a certain period of limitation that’s described below.
In general, most people are aware that the police need to have a warrant in order to search you and your premises. In that instance, information that the police acquire, or information, property seized, must be suppressed and cannot be used in the event of a trial. However, there are several instances where a police officer does not require a warrant.
The Difference Between Medicaid Fraud and Medicaid Abuse:
Wrongful use of the Medicaid program can happen on both sides of the hospital counter. Medicaid fraud is when individuals wrongfully apply for Medicaid benefits. Medicaid abuse occurs when doctors or supplies don’t follow government regulations on the program in order to bill higher for services.
New York City Criminal lawyers of Joseph Potashnik and Associates PC represent individuals and corporate clients who face criminal investigations and charges for violations of New York State tax code. We built a successful track record of defending tax fraud cases – from easy to very complex.
New York medical license defense lawyers of Joseph Potashnik and Associates PC have successfully represented numerous physicians before the OPMC (Office of Professional Medical Conduct) in disciplinary proceedings for professional misconduct.
New York Insurance Fraud Criminal Statutes
New York Penal Law Article 176.05 defines insurance fraud as a fraudulent insurance act committed by any person who, knowingly and with intent to defraud presents, presents to an insurer:
- Any written statement in support of an application for the issuance of commercial or personal insurance that he or she knows to:
(a) contain materially false information concerning any fact material; or
(b) conceal, for the purpose of misleading, information concerning any fact material; or
- any written statement or other physical evidence as part of the issuance of a health insurance policy or a claim for payment, services, or other benefit pursuant to such policy, contract, or plan that he or she knows to:
(a) contain materially false information concerning any material fact; or
(b) conceal, for the purpose of misleading, information concerning any fact material.
Each year, thousands of NYC residents are investigated by NYC HRA for public benefits fraud. An investigation dealing with Medicaid recipient fraud or Food Stamp fraud begins when a target letter is mailed to you via first class mail or is hand-delivered to you. The letter may state that it is from the Human Resource Administration, Department of Social Services, and the letter may state that is from the Investigation Revenue and Enforcement Administration, Bureau of Fraud Investigation. Regardless of where or who it is from, it is important not to ignore this letter.
In general, commercial bribery is the act where an employee, agent, or a person with fiduciary relationship to a principal is bribed with the intent to obtain and secure an advantage over other business competitors. Both the giving and receiving of the bribe is illegal. Commercial Bribery is the breach of duty to act disinterestedly. Government attempts to deter Commercial Bribery can be found un the Securities and Exchange Commission, the Internal Revenue Service, and Antitrust.
In New York, a defendant in a state criminal case has the opportunity and right to testify. In nearly all cases there are charges presented to the grand jury, a defendant has the right to testify before the grand jury. The issue hinges on whether the defendant must notify the prosecution, or whether the prosecution must notify the defense. The issue depends on the status of the case in the lower court. Before deciding to testify before the grand jury, the defendant should have a discussion with a competent NY criminal lawyer.