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ECathers
03-31-2013, 06:15 PM
My 17yr old MC is rescuing her younger brother from some folks who want to kidnap/kill him. In the course of that she steals a car, gets her sister to set off a fire alarm at a school, starts a real fire (in a wet area, to create cover smoke and general panic), and on the way out bumps one of the bad guys with the car. (Not enough to hurt them much.) This happens in Town A.

She manages to get to a safehouse, but now the cops are after her too.

What the cops do: They have camera surveillance proving she's the one who stole the car. They search her home but don't find her. (One of the minor characters reports seeing crime scene tape at her house.) Later when an anonymous tip comes in re her location, the cops do a house to house search of the area, but she escapes.

She and her family can't turn themselves in because the bad guys are definitely out to kill the brother and the cops may be infiltrated. Also the baddies have a paranormal aspect, and the MC and her family don't think they'll be believed. Plus even trying to explain will potentially lead to issues of outing their religion, a situation that has caused them issues in the past.

Her Mom's friend, a lawyer looks into it and says that the charges against her are grand theft auto, arson, reckless endangerment, multiple counts of endangering a minor, reckless driving, attempted manslaughter. LOL am I missing any?-She believes that if they can prove attempted kidnapping she can get the charges dropped/reduced. She also finds that the Mom's "known associates file" (Would that be a correct term?) has no mention of the rest of the friends who are hiding the family.

Later in the story, the lawyer tries to convince the MC's Mom to speak to her cop friend. Before they decide on this several other things happen and the little brother gets kidnapped by the baddies. (They're not going to kill him yet - timing on that is important.) At this point they call the cop friend. (His jurisdiction is in Town B so I want to make sure that he can even negotiate on their behalf. I could alternately make him a State Trooper.) He calls in the FBI and an AMBER ALERT gets issued. The family is questioned.

Ultimately the cops will be unable to help, but I'm sure there would still be procedures and that at this point the family would be using any and all methods, including going to the police. The lawyer feels that since the kidnappers are the ones pressing charges/standing witness against her, that she has mitigating circumstances.

Later on, in the sequel, charges are dropped though she "volunteers" to do community service as part of that.

So, do I have giant holes that I need to plug? Or terminology I need to fix?

Thanks in advance!

ironmikezero
03-31-2013, 11:53 PM
Several issues... First decide where in the US this takes place - it will matter. In most states a 17yr old is legally a juvenile - you propose charges that would apply to an adult (unless the juvenile is to be tried as an adult - a decision typically made by the prosecutor and subsequently sanctioned by the court).

Re: house to house searches... Anonymous tips notwithstanding, the authorities can't search third party residences without a search warrant unless the owner/tenant waives the inherent expectation of privacy and permits a consent search. The only exceptions fall under the exigent circumstances doctrine as interpreted by the appropriate jurisdiction (i.e., hot pursuit, imminent danger to life, destruction of evidence, etc.).

The attorney (mom's friend) would not have (not legally, at this point) access to any investigative files or internal LE documentation. If the lawyer is retained to represent your MC, then access via discovery motions is possible - but only after her arrest.

You can put the attorney and her cop friend in a relationship wherein he might bend the rules in her behalf and let her see the contents of a particular file - but it'll cost him when it comes to light.

Most municipal police departments (Town A & Town B) employ state certified peace officers who may enjoy statewide jurisdiction for felonies committed in their presence. Many municipal PDs, parks police, etc. have cross-deputation arrangements with the local county/parish sheriff's department to enhance statutory authority beyond their primary jurisdiction. Thus, the attorney's "cop friend" need not be a State Trooper.

This is another reason to decide where your tale unfolds.

We have some very sharp attorneys on this board who can give far more precise advice than I, but the location of your story will be critical for them as well. Take the time to listen thereto, and research as suggested - your story will be better for it.

ECathers
04-01-2013, 12:34 AM
My tale takes place in Ulster County, NY. Town A is New Paltz, Town B is Kingston. (Just wasn't sure if that was relevant enough to post earlier.)

Technically my MC is about 2 months under 17.

On the house-to-house searches, I probably didn't use the best wording in my question. Basically setting up a road block, then knocking door to door in the area to ask questions. New Paltz police do have a strong penchant for roadblocks, which they use on a super-frequent basis to check car inspection stickers and violations thereof.

New Paltz is also a (relatively) quiet town where the police have a penchant to go all out on the rare occasion where something interesting happens. Of course that's based on 20 yr old data, but I wouldn't be surprised if it continues till now. This is an area where the local paper celebrates an aged farmer getting a new tractor. (Seen it done, no joke.)

I'm going to assume that my MC's mom has signed whatever paperwork required to retain her lawyer friend, and that this is an ongoing arrangement they've had for years.

In the past the Mom has dealt with religious discrimination (she's a Witch) where a local town statute tried to bar her from holding rituals in her home because they weren't zoned as a church. After this, there was plenty of harassment from CPR regarding her children. (This is based on an actual case.) Thus the reason why she would probably have the lawyer - her coven member - on retainer.

Although I haven't strongly established this (It's not something the 1st person 17 yr old MC would know.) the lawyer is potentially in a casual romantic relationship with the cop.

I ran all of this past an elderly friend who was a retired NYPD Police Detective however he is elderly and it was a couple of years ago. At the time he didn't note any/many problems, but things change.

Thank you so much for your help and your comments.

jclarkdawe
04-01-2013, 03:08 AM
Put your posts in terms of primary questions that need answering before we get to the specific questions.


My tale takes place in Ulster County, NY. Town A is New Paltz, Town B is Kingston. (Just wasn't sure if that was relevant enough to post earlier.) Absolutely. Imagine if this took place in the Bronx?

Technically my MC is about 2 months under 17. Then "technically" she's 16. "Technically" matters in legal proceedings. She's a juvenile in New York at 16. New York, outside of the major cities, is reluctant to try juveniles as adults. It needs a mega crime.

On the house-to-house searches, I probably didn't use the best wording in my question. Basically setting up a road block, then knocking door to door in the area to ask questions. Do you have any idea of the resources you need to do something like this? For a roadblock to be effective, you need one on each and every road. If you're very lucky, that's only four. You need at least two officers at each roadblock. New Paltz police do have a strong penchant for roadblocks, which they use on a super-frequent basis to check car inspection stickers and violations thereof. That's a single stop on one road that is pre-planned. Vastly different thing, including the fact it assists in revenue enhancement in many jurisdictions.

New Paltz is also a (relatively) quiet town where the police have a penchant to go all out on the rare occasion where something interesting happens. Of course that's based on 20 yr old data, but I wouldn't be surprised if it continues till now. This is an area where the local paper celebrates an aged farmer getting a new tractor. (Seen it done, no joke.) Okay. However, juvenile crimes can't be released by the police. It has to be discovered by someone outside the police department and released to the press. It's hard to get a juvenile crime into the press.

I'm going to assume that my MC's mom has signed whatever paperwork required to retain her lawyer friend, and that this is an ongoing arrangement they've had for years.

In the past the Mom has dealt with religious discrimination (she's a Witch) where a local town statute tried to bar her from holding rituals in her home because they weren't zoned as a church. After this, there was plenty of harassment from CPR regarding her children. (This is based on an actual case.) Thus the reason why she would probably have the lawyer - her coven member - on retainer. Okay.

Although I haven't strongly established this (It's not something the 1st person 17 yr old MC would know.) the lawyer is potentially in a casual romantic relationship with the cop. That's fine, but completely immaterial. Attorneys and police officers have things they don't tell anyone. I wouldn't tell my wife a lot of things that I know from legal work, even if it doesn't strictly fall under attorney/client privilege.

I ran all of this past an elderly friend who was a retired NYPD Police Detective however he is elderly and it was a couple of years ago. At the time he didn't note any/many problems, but things change. NYPD is a lot different animal then most police departments. Also, friends aren't always honest.

Thank you so much for your help and your comments.


My 17yr old MC is rescuing her younger brother from some folks who want to kidnap/kill him. In the course of that she steals a car Does she have a driver's license?, gets her sister to set off a fire alarm at a school Witnesses? What is the sister saying? This is going to be hard to prove., starts a real fire (in a wet area, to create cover smoke and general panic) This is even harder to prove. How do the police know it's intentional? What links her to the fire?, and on the way out bumps one of the bad guys with the car. (Not enough to hurt them much.) And he's going to tell the police about this why? This happens in Town A.

She manages to get to a safehouse, but now the cops are after her too. Unless you've got something good to connect her to the arson and the assault, I doubt the police are even going to be aware of them. So all they've got is a kid joy-riding in a car. Big whoop.

What the cops do: They have camera surveillance proving she's the one who stole the car. The video isn't going to prove she stole a car. All it's going to tell them is she entered the vehicle and drove off. Did she hot-wire the car? Pop the window or ignition? What is her demeanor like when she drives off in the car? They search her home but don't find her. They can look through her house as a result of a juvenile warrant for her detention, but they can't search the house. Nothing you've stated so far provides sufficient evidence to get a search warrant. (One of the minor characters reports seeing crime scene tape at her house.) Which is important for what? As far as I know you can get crime scene tape from Amazon. A good chunk of teens have crime scene tape. Later when an anonymous tip comes in re her location, the cops do a house to house search of the area, but she escapes. How come all these anonymous tips are coming in? How did this get into the press? And if you think taxpayers like to have their doors knocked on by the police while looking for a suspect, you need to do some more thinking.

She and her family can't turn themselves in because the bad guys are definitely out to kill the brother and the cops may be infiltrated. Also the baddies have a paranormal aspect, and the MC and her family don't think they'll be believed. Plus even trying to explain will potentially lead to issues of outing their religion, a situation that has caused them issues in the past. Which is going to limit her ability to raise the defense of necessity. Why when this gets resolved are the police going to believe her then?

Her Mom's friend, a lawyer looks into it and says that the charges against her are grand theft auto Why is this grand theft?, arson, reckless endangerment, multiple counts of endangering a minor Eh, maybe for the school evacuation., reckless driving, attempted manslaughter More likely assault.. LOL am I missing any? Lawyer isn't going to decide the charges. That's the police's job. -She believes that if they can prove attempted kidnapping she can get the charges dropped/reduced. You just spent a paragraph telling me why this won't work. Make up your mind. She also finds that the Mom's "known associates file" (Would that be a correct term?) has no mention of the rest of the friends who are hiding the family.

Later in the story, the lawyer tries to convince the MC's Mom to speak to her cop friend. Not likely. What good is this going to do? What is the cop risking her career? Why is the attorney risking disbarment? Before they decide on this several other things happen and the little brother gets kidnapped by the baddies. (They're not going to kill him yet - timing on that is important.) At this point they call the cop friend. (His jurisdiction is in Town B so I want to make sure that he can even negotiate on their behalf. I could alternately make him a State Trooper.) He calls in the FBI and an AMBER ALERT gets issued. The family is questioned. Why would I call the girlfriend? Unless she's the chief of police, I've got better contacts then that. Personally, I'd call the attorney general. Or the police chief. If the attorney is any good, he'll have both of these numbers and will have met with them.

Ultimately the cops will be unable to help, but I'm sure there would still be procedures and that at this point the family would be using any and all methods, including going to the police. The lawyer feels that since the kidnappers are the ones pressing charges/standing witness against her, that she has mitigating circumstances. The police and prosecutor are the ones pressing charges. For some of this, there may be mitigating circumstances, but for others, no. And the fact that she refused to approach the police severely limits the ability to use this as mitigating factors.

Later on, in the sequel, charges are dropped though she "volunteers" to do community service as part of that. As a juvenile, she's eligible for diversion.

So, do I have giant holes that I need to plug? Or terminology I need to fix?

Thanks in advance!

If you want a massive police response, the hit and run needs to have some severe injuries.

Best of luck,

Jim Clark-Dawe

ECathers
04-01-2013, 10:00 AM
Thank you! Obviously I have to do some reworking on the story.

ECathers
04-01-2013, 11:56 AM
Okay, trying to figure out how best to make this work. And cleanup any obvious plotholes. I can rework things if needed.

The idea behind the police stuff is 1) To put more pressure on the characters. 2) To keep them from going to the cops since I don't want the book to be a police procedural. The police action is intended as "other scary stuff" that is going on while the MC is dealing with everything else.

This is obviously a good example of why reading detective novels and watching CSI etc does NOT give people a good idea of how this stuff works IRL.

The idea is that the baddies have also taken over the school and potentially part of the police force via magic and glamour. Part of why the legal system might tend to be more lenient once this is over. The "anonymous tips" complaints and media action are coming through from the bad guys who are trying to track/find the MC and her family.
As far as the roadblock, that would take three roadblocks. Two on either end of a somewhat well traveled road, one on the end of an almost never traveled road.

Re the lawyer asking the cop for help, this is something that I saw rather regularly during my childhood. Not necessarily involving lawyers, but certainly if there was a problem with the kids doing something bad (though not TOO bad) you consult your friendly neighborhood cop. Not sure how this would get her disbarred or necessarily get him in trouble as acting as a liason to get someone in trouble to turn themselves in. If someone can explain I'd be grateful.

Re the AMBER Alert, I'm understanding it's SOP to call in the FBI during a missing child case. Am I wrong in this?

The MC does not have a driver's lic, and in fact barely knows how to drive. In NY you can get your driver's permit at 16 but aren't allowed to drive without a licensed driver. At 18 you can get a regular lic. (This may have changed in the past few years. Will investigate.)

As for "grand theft auto" that's what it was called when I was a kid. (Way before the video game.) Is it called something different now?

Please understand that I am not attempting to be facetious in any way, just trying to get the facts so that my story isn't completely implausible.

Suggestions on what WOULD actually happen gratefully accepted.

Thanks again!

ECathers
04-01-2013, 11:59 AM
Oh and the lawyer is not determining the charges. She is merely looking into what they are and trying to decide how the family should react. Also how much info would she know regarding what the police know?

cornflake
04-01-2013, 12:22 PM
Re the AMBER Alert, I'm understanding it's SOP to call in the FBI during a missing child case. Am I wrong in this?


Do they have particular and convincing knowledge that he was abducted and not just missing? No, the FBI isn't called in for every missing child, they'd do nothing else, ever. Amber alerts are only issued in very particular circumstances.

jclarkdawe
04-01-2013, 06:01 PM
Okay, trying to figure out how best to make this work. And cleanup any obvious plotholes. I can rework things if needed.

The idea behind the police stuff is 1) To put more pressure on the characters. 2) To keep them from going to the cops since I don't want the book to be a police procedural. The police action is intended as "other scary stuff" that is going on while the MC is dealing with everything else.

This is obviously a good example of why reading detective novels and watching CSI etc does NOT give people a good idea of how this stuff works IRL. TV has to solve a problem in 60 minutes minus commercials. That limitation plays a big part in how the stories are set out.

In real life, things get dealt with with the rest of life. I got appointed to a case where my client is accused of stealing a car. Police sent the rearview mirror to the state labs for fingerprinting. I looked at the material the police sent me for discovery, which included three cops stating they arrested my client in the stolen car (possession of stolen property is nearly as much of a crime as actually stealing it) and my client had a history of car theft. Police offered my client 30 days to plea to the case. He took it, and did his time.

Two months after his release, the crime lab reported that they found his fingerprint on the mirror.

The idea is that the baddies have also taken over the school and potentially part of the police force via magic and glamour. Part of why the legal system might tend to be more lenient once this is over. The "anonymous tips" complaints and media action are coming through from the bad guys who are trying to track/find the MC and her family. But why aren't the police wondering where all these tips are coming from? Tips happen for a reason, and if the case isn't on the news, how do people know about it?

As far as the roadblock, that would take three roadblocks. Two on either end of a somewhat well traveled road, one on the end of an almost never traveled road. Talk to IronMike about the resources a department is going to need to accomplish this, and when they would attempt to set something like this up. You're tying up a lot of resources with even three roadblocks.

Re the lawyer asking the cop for help, this is something that I saw rather regularly during my childhood. Not necessarily involving lawyers, but certainly if there was a problem with the kids doing something bad (though not TOO bad) you consult your friendly neighborhood cop. The thing is as an attorney, you know the higher ups in a department. Even if you don't know them personally, you know how to get them. I wouldn't waste my time with the neighborhood cop. Nor if you're in a relationship with an officer are you going to risk compromising the situation by mixing work and pleasure. Sometimes something goes wrong in these arrangements, and you won't want to stick your friend into a bad situation. Not sure how this would get her disbarred or necessarily get him in trouble as acting as a liason to get someone in trouble to turn themselves in. Which isn't what you said.

Just like the difference between being sixteen and seventeen can involve minutes, the details matter. There's nothing wrong with an attorney acting as a liason for someone turning themselves in. You would not do this with a patrol officer as the patrol officer cannot make binding commitments. For example, I'm helping a client turn themselves into the police for bank robbery. I want to arrange $10,000 cash bail for my client, or I want to insure that my client isn't questioned. I need a police chief or a prosecutor to secure that level of commitment.

Your example was taking mom in to talk to your girlfriend. Here's one potential problem. Girlfriend writes report, and your client says it contains a material fact that is wrong. As an attorney, are you going to be a zealous advocate and wait until your girlfriend is on the stand, in front of a jury, and point out she fucked up in vivid detail? I could go on for a long time with the potential problems.

If someone can explain I'd be grateful.

Re the AMBER Alert, I'm understanding it's SOP to call in the FBI during a missing child case. Am I wrong in this? FBI is only called in when the child is suspected of being transported over state lines, OR very special circumstances are involved. AMBER alerts have a very specific criteria that must be met before they can be activated. The geographic range of an AMBER alert has to be determined based upon the evidence. Most AMBER alerts cover very small areas and rather limited resources.

The MC does not have a driver's lic, and in fact barely knows how to drive. In NY you can get your driver's permit at 16 but aren't allowed to drive without a licensed driver. At 18 you can get a regular lic. (This may have changed in the past few years. Will investigate.) Lacking a license makes car theft more likely as opposed to unauthorized use.

As for "grand theft auto" that's what it was called when I was a kid. (Way before the video game.) Is it called something different now? It's technically "grand theft: auto." Notice the colon. It's designed to make it different from other grand thefts. Not all auto thefts meet the requirements for grand theft, as the value of the car doesn't meet the requirements. Further, stealing a car with the keys in it usually result in a lessor charge then popping the ignition. And finally, there has to be an intention to permanently deprive, as opposed to just "borrow." All of these are factors that the police look at in determining what to charge.

Please understand that I am not attempting to be facetious in any way, just trying to get the facts so that my story isn't completely implausible. This stuff is complicated, and there are books out there to help writers get a handle on this stuff. Doing a ride-along will give you more of an understanding then this forum. And the details are incredibly important.

When New Hampshire's law for juvenile was eighteen, I had a client who broke into a house at 11 PM. (Broken clock helped determine this.) At midnight, he turned eighteen. At 1 AM, he was arrested. Is he a juvenile or an adult? Adult he has a criminal record, juvenile there's nothing the police can do with him. Think that hour makes a difference?

Suggestions on what WOULD actually happen gratefully accepted.

Thanks again!


Oh and the lawyer is not determining the charges. She is merely looking into what they are and trying to decide how the family should react. Then say that. This stuff is picky. Also how much info would she know regarding what the police know? Virtually nothing, unless the police are willing to provide it. And that's going to be unlikely, although it can work. But police like to keep their cards hidden and close to the chest.

Best of luck,

Jim Clark-Dawe

ECathers
04-01-2013, 06:50 PM
Do they have particular and convincing knowledge that he was abducted and not just missing? No, the FBI isn't called in for every missing child, they'd do nothing else, ever. Amber alerts are only issued in very particular circumstances.

The kid was taken on a college campus. The MC, her sister and two adult friends of the mother were there at the time.

Campus police were befuddled and unhelpful due to a glamour/mind control.

They returned to the house, called the cop friend and he called the FBI.

ECathers
04-01-2013, 07:00 PM
Jclarkdawe, thank you MUCH!

ironmikezero
04-01-2013, 11:11 PM
Listen to Jim - you won't be sorry.

I'd recommend losing the roadblock idea; they're resource intensive to establish and maintain (think manpower, equipment, overtime, etc.). Rural agencies can't effectively deploy such a tactic without considerable assistance. Time/duration is always a critical consideration; officers/equipment tied up on a special detail (roadblock) can't perform routine duties or respond to other emergency calls for the duration of the special assignment.

In a more urban setting the public inconvenience factor can be staggering - and that can have serious political consequences. If it's not a national security issue, the fallout can be career ending - something to which the brass is consistently sensitive.

Go with a BOLO (Be On the Look Out) for the stolen car. Every officer with a radio gets it. You really don't need a roadblock.

cornflake
04-01-2013, 11:22 PM
The kid was taken on a college campus. The MC, her sister and two adult friends of the mother were there at the time.

Campus police were befuddled and unhelpful due to a glamour/mind control.

They returned to the house, called the cop friend and he called the FBI.

This doesn't ring true to me, in several ways.

A kid (how old btw?) was abducted by strangers on a college campus in front of a bunch of adults who all did nothing. So they then called the campus cops who did nothing (I don't know what glamour means in this context) due to mind control by someone.

So they all leave the scene? That's bizarre. Why not call the real cops?

Then they go home and call a cop friend. Who himself or herself doesn't call the cops, but calls the FBI? That's not how that'd work.

ECathers
04-01-2013, 11:49 PM
Okay you've all been awesome. Here are my plans for fixing things. Let me know if you think my answers are lame or actually worthy.

1) Make it bleeping obvious that the lawyer is only trying to get the MC to surrender to the cops in attempt to exonerate herself and make life easier. I think the book is clearer on this than my summary on this thread.

2) Ditch the lawyers knowledge of "cops don't know your mom's "associated persons" (please feel free to give me a better wording of this) with instead something to the effect of "oh crappola we hope they aren't aware of the associations between the coven members."

3) Make it bleeping obvious that the wacky and expensive police procedures are NOT normal, with the lawyer character coming to say something like "WTF these are not normal police procedures" and make it obvious that the bad guys have subverted the local police force.

The local cop that the lawyer was friends with wasn't really set as to his rank. I could very easily make him Chief of Police/DA (I realize that which I choose here makes a BIG difference.)

If someone could give me a clear and concise list of charges that my MC might be charged with, that would be very useful. Thus far I'm getting what she would NOT be charged with but not what the actual charges might be. I assume the lawyer would be aware of this?

Going to try to sit down with the cop who lives across the street from me and see if he can help pin this down however as has been pointed out we now live in a major metro area and where in the sticks these exact same crimes might be blown off.

ECathers
04-02-2013, 12:02 AM
This doesn't ring true to me, in several ways.

A kid (how old btw?) was abducted by strangers on a college campus in front of a bunch of adults who all did nothing. So they then called the campus cops who did nothing (I don't know what glamour means in this context) due to mind control by someone.

So they all leave the scene? That's bizarre. Why not call the real cops?

Then they go home and call a cop friend. Who himself or herself doesn't call the cops, but calls the FBI? That's not how that'd work.

The kid is 3 1/2 yrs old, the younger brother of the shy of 17yr old MC.

Basically the "evil faeries" stage a flash mob. During which the MC gets diverted for a moment due to her other issues and her brother is carted off.

The adults didn't do "nothing" they just couldn't reach the kid in time.

jclarkdawe
04-02-2013, 04:57 AM
The local cop that the lawyer was friends with wasn't really set as to his rank. I could very easily make him Chief of Police/DA (I realize that which I choose here makes a BIG difference.) Make the police office the Chief of Police. Make her practice primarily in another, neighboring town (look at district courts and you will see what court covers what district). You don't want her handling too many criminal cases where he has an interest. It gets too complicated way too quickly. Police Chief has the ability to call in the FBI.

If someone could give me a clear and concise list of charges that my MC might be charged with, that would be very useful. Thus far I'm getting what she would NOT be charged with but not what the actual charges might be. I assume the lawyer would be aware of this? That's because you have to be an attorney or police officer in New York to know what the specific charges would be. Or sit down with some law books and look them all up.

Going to try to sit down with the cop who lives across the street from me and see if he can help pin this down however as has been pointed out we now live in a major metro area and where in the sticks these exact same crimes might be blown off. He can give you the range of charges and what the differences mean. For instance, I believe NY does assaults by degrees, i.e., first degree assault, second degree assault, but I don't know how the degrees are defined. A police officer has to know this stuff to know how to fill out his or her paperwork. He may be able to give you an idea of what the maximum sentence is, and the likely sentence.

Best of luck,

Jim Clark-Dawe

ECathers
04-03-2013, 12:21 AM
Awesome! Ty much!

ECathers
04-04-2013, 09:56 PM
<sigh> After several days of researching on the web I'm not getting anywhere.

The cop I know up in NY (where the story happens) I haven't yet managed to get contact info for. (Still friends w his dad, but haven't spoken to him in 40 years.) I assume he's busy doing important police things, so I don't want to hassle him.

The cop I know down here I'm really loathe to bother as the man works crazy hours. Plus if it's Orlando FL law, and that's so very different from NY law, then I'd hate to bother him over something trivial.

Can anyone point me toward a website that actually has factual info on what my character would be charged with? I've been trying but can't get a clear idea.

1) She's 16 yrs old.
2) She "borrows" the keys to the Driver's Ed car.
3) She sets off a fire alarm at an elementary school. (Actually she makes her 10yo sister set it off, but there's no proof of which of them directly does it.)
4) She starts a fire outdoors the elementary school as a diversion.
5) She makes off with the car.
6) On the escape she bumps into someone. Not hard enough to hurt them, but hard enough to make HER nervous.
7) The setting is upstate New York.

cornflake
04-04-2013, 10:29 PM
<sigh> After several days of researching on the web I'm not getting anywhere.

The cop I know up in NY (where the story happens) I haven't yet managed to get contact info for. (Still friends w his dad, but haven't spoken to him in 40 years.) I assume he's busy doing important police things, so I don't want to hassle him.

The cop I know down here I'm really loathe to bother as the man works crazy hours. Plus if it's Orlando FL law, and that's so very different from NY law, then I'd hate to bother him over something trivial.

Can anyone point me toward a website that actually has factual info on what my character would be charged with? I've been trying but can't get a clear idea.

1) She's 16 yrs old.
2) She "borrows" the keys to the Driver's Ed car.
3) She sets off a fire alarm at an elementary school. (Actually she makes her 10yo sister set it off, but there's no proof of which of them directly does it.)
4) She starts a fire outdoors the elementary school as a diversion.
5) She makes off with the car.
6) On the escape she bumps into someone. Not hard enough to hurt them, but hard enough to make HER nervous.
7) The setting is upstate New York.

Heh, the whole list, I was thinking, 'where in NY is she?' Upstate makes much more sense now that I got there, but it makes me less helpful.

In general, that she's 16 makes a lot up for grabs. It's a prosecutorial decision as to how or whether to charge anyone, in the end, and someone that age can be charged as a juvenile or an adult, if at all. A lot of that stuff sounds on a line, depending on circumstance.

ironmikezero
04-04-2013, 11:14 PM
You need to do some in depth research; suggested sites follow...

http://ypdcrime.com/penal.law/

http://ypdcrime.com/cpl/article720.htm

http://codes.lp.findlaw.com/nycode/EXC/19-G/2/508

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1616&context=ulj&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt %26rct%3Dj%26q%3Dny%2520juvenile%2520offender%2520 law%26source%3Dweb%26cd%3D1%26ved%3D0CFUQFjAA%26ur l%3Dhttp%253A%252F%252Fir.lawnet.fordham.edu%252Fc gi%252Fviewcontent.cgi%253Farticle%253D1616%2526co ntext%253Dulj%26ei%3DBs5dUZq9GYPA8ATj7YCICA%26usg% 3DAFQjCNGQGajyncIBMIxfCMYY7EAf4SlIFQ%26bvm%3Dbv.44 770516%2Cd.eWU#search=%22ny%20juvenile%20offender% 20law%22

http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1365&context=lawfaculty&sei-redir=1&referer=http%3A%2F%2Fwww.google.com%2Furl%3Fsa%3Dt %26rct%3Dj%26q%3Dny%2520juvenile%2520offender%2520 law%26source%3Dweb%26cd%3D6%26cad%3Drja%26ved%3D0C H8QFjAF%26url%3Dhttp%253A%252F%252Fdigitalcommons. pace.edu%252Fcgi%252Fviewcontent.cgi%253Farticle%2 53D1365%2526context%253Dlawfaculty%26ei%3DBs5dUZq9 GYPA8ATj7YCICA%26usg%3DAFQjCNGKomoPoNvthqN3TVHdVxb y09XRpw%26bvm%3Dbv.44770516%2Cd.eWU#search=%22ny%2 0juvenile%20offender%20law%22

There are a veritable host of other relative sites that may be worthy of your attention, but these should be sufficient to get you started - if not overwhelmed. Just review and cherry-pick what you believe you need... Be patient and thorough; remember that some detail oriented readers will pillory a writer for blatant inaccuracies.

jclarkdawe
04-04-2013, 11:43 PM
Does the specifics really matter? How are the specifics going to help move your story?


<sigh> After several days of researching on the web I'm not getting anywhere.

The cop I know up in NY (where the story happens) I haven't yet managed to get contact info for. (Still friends w his dad, but haven't spoken to him in 40 years.) I assume he's busy doing important police things, so I don't want to hassle him.

The cop I know down here I'm really loathe to bother as the man works crazy hours. Plus if it's Orlando FL law, and that's so very different from NY law, then I'd hate to bother him over something trivial.

Can anyone point me toward a website that actually has factual info on what my character would be charged with? I've been trying but can't get a clear idea. Iron Mike's list is probably what I would have suggested. As he points out, take your time. For me to do this would take at least a couple of hours. You're going to take a lot (like ten or more hours) to do this.

1) She's 16 yrs old. Probably charged as a juvenile. But if there are enough aggravating circumstances, she could potentially be charged as an adult.

2) She "borrows" the keys to the Driver's Ed car. Theft by unauthorized taking. But this would probably be incorporated into the car theft.

3) She sets off a fire alarm at an elementary school. (Actually she makes her 10yo sister set it off, but there's no proof of which of them directly does it.) Probably reckless endangerment in either the first or second degree. What's the difference between the two I don't know. But there's some other possibilities.

4) She starts a fire outdoors the elementary school as a diversion. Arson. Which has five degrees. From a misdemeanor to very serious felony. A brush fire is more likely to be a misdemeanor but it depends.

5) She makes off with the car. Unauthorized use of a vehicle, which comes in three degrees. From misdemeanor to felony. Depends upon the value of the car and the circumstances. Could also be grand larceny which has four degrees.

6) On the escape she bumps into someone. Not hard enough to hurt them, but hard enough to make HER nervous. Assault. Comes in three different degrees. Of course, they could also charge her with criminal possession of a dangerous weapon for using the car, which also has a bunch of degrees.

7) The setting is upstate New York. Will probably be more flexible and less gung-ho then NYC.

Misdemeanors are punishable by up to a year in jail. Felonies are punishable by a minimum of a year and a day in prison to life imprisonment without the possibility of parole (as far as I remember, NY does not have a death penalty).

A lot of the differences are in the degree which is charged.

The following is a relatively complete list of crimes in New York.



Abandonment of a child E Felony
260.00
Abortion in the first degree D Felony
125.45 (http://ypdcrime.com/penal.law/article125.htm#p125.45)
Abortion in the second degree E Felony
125.40
Absconding from a community treatment facility E Felony
205.19
Absconding from a furlough program A Misdemeanor
205.18
Absconding from temporary release in the first degree E Felony
205.17
Adultery B Misdemeanor
255.17 (http://ypdcrime.com/penal.law/article255.htm#p255.17)
Advertisement or sale of unauthorized recordings in the first degree E Felony
275.30
Advertisement or sale of unauthorized recordings in the second degree A Misdemeanor
275.25
Aggravated assault upon a person less than eleven years old E Felony
120.12
Aggravated assault upon a police officer or a peace officer B Violent Felony
120.11 (http://ypdcrime.com/penal.law/article120.htm#p120.11)
Aggravated cemetery desecration in the first degree D Felony
145.27 (http://ypdcrime.com/penal.law/article145.htm#p145.27)
Aggravated cemetery desecration in the second degree E Felony
145.26
Aggravated criminal contempt D Felony
215.52
Aggravated criminal possession of a weapon C Felony
265.19 (http://ypdcrime.com/penal.law/article265.htm#p265.19)
Aggravated criminally negligent homicide C Violent Felony
125.11 (http://ypdcrime.com/penal.law/article125.htm#p125.11)
Aggravated enterprise corruption A-1 Felony
460.22 (http://ypdcrime.com/penal.law/article460.htm#p460.22)
Aggravated family offense E Felony
240.75 (http://ypdcrime.com/penal.law/article240.htm#p240.75)
Aggravated grand larceny of an automated teller machine C Felony
155.43 (http://ypdcrime.com/penal.law/article155.htm#p155.43)
Aggravated harassment in the first degree E Felony
240.31
Aggravated harassment in the second degree A Misdemeanor
240.30
Aggravated harassment of an employee by an inmate E Felony
240.32
Aggravated identity theft D Felony
190.80-a
Aggravated insurance fraud D Felony
176.35
Aggravated interference with health care services in the first degree E Felony
240.73
Aggravated interference with health care services in the second degree E Felony
240.72
Aggravated manslaughter in the first degree B Violent Felony
125.22 (http://ypdcrime.com/penal.law/article125.htm#p125.22)
Aggravated manslaughter in the second degree C Violent Felony
125.21 (http://ypdcrime.com/penal.law/article125.htm#p125.21)
Aggravated murder A-I Felony
125.26 (http://ypdcrime.com/penal.law/article125.htm#p125.26)
Aggravated sexual abuse in the first degree B Violent Felony
130.70 (http://ypdcrime.com/penal.law/article130.htm#p130.70)
Aggravated sexual abuse in the fourth degree E Violent Felony
130.65-a
Aggravated sexual abuse in the second degree C Violent Felony
130.67 (http://ypdcrime.com/penal.law/article130.htm#p130.67)
Aggravated sexual abuse in the third degree D Violent Felony
130.66 (http://ypdcrime.com/penal.law/article130.htm#p130.66)
Aggravated unpermitted use of indoor pyrotechnics in the first degree D Violent Felony
405.18 (http://ypdcrime.com/penal.law/article405.htm#p405.18)
Aggravated unpermitted use of indoor pyrotechnics in the second degree E Felony
405.16
Aggravated vehicular assault C Felony
120.04-a (http://ypdcrime.com/penal.law/article120.htm#p120.04-a)
Aggravated vehicular homicide B Felony
125.14 (http://ypdcrime.com/penal.law/article125.htm#p125.14)
Appearance in public under the influence of narcotics or a drug other than alcohol Violation
240.40
Arson in the fifth degree A Misdemeanor
150.01
Arson in the first degree A-I Felony
150.20 (http://ypdcrime.com/penal.law/article150.htm#p150.20)
Arson in the fourth degree E Felony
150.05
Arson in the second degree B Violent Felony
150.15 (http://ypdcrime.com/penal.law/article150.htm#p150.15)
Arson in the third degree C Felony
150.10 (http://ypdcrime.com/penal.law/article150.htm#p150.10)
Assault in the first degree B Violent Felony
120.10 (http://ypdcrime.com/penal.law/article120.htm#p120.10)
Assault in the second degree D Violent Felony
120.05 (http://ypdcrime.com/penal.law/article120.htm#p120.05)
Assault in the third degree A Misdemeanor
120.00
Assault on a judge C Violent Felony
120.09 (http://ypdcrime.com/penal.law/article120.htm#p120.09)
Assault on a peace officer police officer fireman or emergency medical services professional C Violent Felony
120.08 (http://ypdcrime.com/penal.law/article120.htm#p120.08)
Auto stripping in the first degree D Felony
165.11
Auto stripping in the second degree E Felony
165.10
Auto stripping in the third degree A Misdemeanor
165.09
Bail jumping in the first degree D Felony
215.57
Bail jumping in the second degree E Felony
215.56
Bail jumping in the third degree A Misdemeanor
215.55
Bigamy E Felony
255.15
Bribe giving for public office D Felony
200.45
Bribe receiving by a juror D Felony
215.20
Bribe receiving by a labor official D Felony
180.25
Bribe receiving by a witness D Felony
215.05
Bribe receiving for public office D Felony
200.50
Bribe receiving in the first degree B Felony
200.12 (http://ypdcrime.com/penal.law/article200.htm#p200.12)
Bribe receiving in the second degree C Felony
200.11 (http://ypdcrime.com/penal.law/article200.htm#p200.11)
Bribe receiving in the third degree D Felony
200.10
Bribery in the first degree B Felony
200.04 (http://ypdcrime.com/penal.law/article200.htm#p200.04)
Bribery in the second degree C Felony
200.03 (http://ypdcrime.com/penal.law/article200.htm#p200.03)
Bribery in the third degree D Felony
200.00
Bribing a juror D Felony
215.19
Bribing a labor official D Felony
180.15
Burglary in the first degree B Violent Felony
140.30 (http://ypdcrime.com/penal.law/article140.htm#p140.30)
Burglary in the second degree C Violent Felony
140.25 (http://ypdcrime.com/penal.law/article140.htm#p140.25)
Burglary in the third degree D Felony
140.20 (http://ypdcrime.com/penal.law/article140.htm#p140.20)
Burn injury and wounds to be reported A Misdemeanor
265.26
Cemetery desecration in the first degree E Felony
145.23
Cemetery desecration in the second degree A Misdemeanor
145.22
Certain wounds to be reported A Misdemeanor
265.25
Coercion in the first degree D Felony
135.36 (http://ypdcrime.com/penal.law/article135.htm#p135.36)
Coercion in the second degree A Misdemeanor
135.60
Commercial bribe receiving in the first degree E Felony
180.08
Commercial bribe receiving in the second degree A Misdemeanor
180.05
Commercial bribing in the first degree E Felony
180.03
Commercial bribing in the second degree A Misdemeanor
180.00
Compelling prostitution B Felony
230.33 (http://ypdcrime.com/penal.law/article230.htm#p230.33)
Compounding a crime A Misdemeanor
215.45
Computer tampering in the first degree C Felony
156.27 (http://ypdcrime.com/penal.law/article159.htm#p156.27)
Computer tampering in the fourth degree A Misdemeanor
156.20
Computer tampering in the second degree D Felony
156.26 (http://ypdcrime.com/penal.law/article156.htm#p156.26)
Computer tampering in the third degree E Felony
156.25
Computer trespass E Felony
156.10
Conspiracy in the fifth degree A Misdemeanor
105.05
Conspiracy in the first degree A-I Felony
105.17 (http://ypdcrime.com/penal.law/article105.htm#p105.17)
Conspiracy in the fourth degree E Felony
105.10
Conspiracy in the second degree B Felony
105.15 (http://ypdcrime.com/penal.law/article105.htm#p105.15)
Conspiracy in the sixth degree B Misdemeanor
105.00
Conspiracy in the third degree D Felony
105.13 (http://ypdcrime.com/penal.law/article105.htm#p105.13)
Course of sexual conduct against a child in the first degree B Violent Felony
130.75 (http://ypdcrime.com/penal.law/article130.htm#p130.75)
Course of sexual conduct against a child in the second degree D Violent Felony
130.80 (http://ypdcrime.com/penal.law/article130.htm#p130.80)
Creating a hazard B Misdemeanor
270.10
Crime of terrorism A-I Felony
490.25 (http://ypdcrime.com/penal.law/article490.htm#p490.25)
Criminal possession of methamphetamine manufacturing material in the second degree A Misdemeanor
220.70
Criminal anarchy E Felony
240.15
Criminal contempt in the first degree E Felony
215.51
Criminal contempt in the second degree A Misdemeanor
215.50
Criminal contempt of a temporary state commission A Misdemeanor
215.65
Criminal contempt of the legislature A Misdemeanor
215.60
Criminal contempt of the state commission on judicial conduct A Misdemeanor
215.66
Criminal diversion of prescription medications and prescriptions in the first degree C Felony
178.25 (http://ypdcrime.com/penal.law/article178.htm#p178.25)
Criminal diversion of prescription medications and prescriptions in the fourth degree A Misdemeanor
178.10
Criminal diversion of prescription medications and prescriptions in the third degree E Felony
178.15
Criminal facilitation in the first degree B Felony
115.08 (http://ypdcrime.com/penal.law/article105.htm#p115.08)
Criminal facilitation in the fourth degree A Misdemeanor
115.00
Criminal facilitation in the second degree C Felony
115.05 (http://ypdcrime.com/penal.law/article115.htm#p115.05)
Criminal facilitation in the third degree E Felony
115.01
Criminal impersonation in the first degree E Felony
190.26
Criminal impersonation in the second degree A Misdemeanor
190.25
Criminal injection of a narcotic drug E Felony
220.46
Criminal interference with health care services or religious worship in the first degree E Felony
240.71
Criminal interference with health care services or religious worship in the second degree A Misdemeanor
240.70
Criminal mischief in the first degree B Felony
145.12 (http://ypdcrime.com/penal.law/article145.htm#p145.12)
Criminal mischief in the fourth degree A Misdemeanor
145.00
Criminal mischief in the second degree D Felony
145.10 (http://ypdcrime.com/penal.law/article145.htm#p145.10)
Criminal mischief in the third degree E Felony
145.05
Criminal nuisance in the first degree E Felony
240.46
Criminal nuisance in the second degree B Misdemeanor
240.45
Criminal obstruction of breathing or blood circulation A Misdemeanor
121.11
Criminal possession of methamphetamine manufacturing material in the first degree E Felony
220.71
Criminal possession of a chemical weapon or biological weapon in the first degree A-I Felony
490.45 (http://ypdcrime.com/penal.law/article490.htm#p490.45)
Criminal possession of a chemical weapon or biological weapon in the second degree B Violent Felony
490.40 (http://ypdcrime.com/penal.law/article490.htm#p490.40)
Criminal possession of a chemical weapon or biological weapon in the third degree C Violent Felony
490.37 (http://ypdcrime.com/penal.law/article490.htm#p490.37)
Criminal possession of a controlled substance in the fifth degree D Felony
220.06
Criminal possession of a controlled substance in the first degree A-I Felony
220.21 (http://ypdcrime.com/penal.law/article220.htm#p220.21)
Criminal possession of a controlled substance in the fourth degree C Felony
220.09 (http://ypdcrime.com/penal.law/article220.htm#p220.09)
Criminal possession of a controlled substance in the second degree A-II Felony
220.18 (http://ypdcrime.com/penal.law/article220.htm#p220.18)
Criminal possession of a controlled substance in the seventh degree A Misdemeanor
220.03
Criminal possession of a controlled substance in the third degree B Felony
220.16 (http://ypdcrime.com/penal.law/article220.htm#p220.16)
Criminal possession of a firearm E Felony
265.01B (http://ypdcrime.com/penal.law/article265.htm#p265.01b)
Criminal possession of a forged instrument in the first degree C Felony
170.30 (http://ypdcrime.com/penal.law/article170.htm#p170.30)
Criminal possession of a forged instrument in the second degree D Felony
170.25
Criminal possession of a forged instrument in the third degree A Misdemeanor
170.20
Criminal possession of a taximeter accelerating device A Misdemeanor
145.70
Criminal possession of a weapon in the first degree B Violent Felony
265.04 (http://ypdcrime.com/penal.law/article265.htm#p265.04)
Criminal possession of a weapon in the fourth degree A Misdemeanor
265.01
Criminal possession of a weapon in the second degree C Violent Felony
265.03 (http://ypdcrime.com/penal.law/article265.htm#p265.03)
Criminal possession of a weapon in the third degree D Violent Felony
265.02 (http://ypdcrime.com/penal.law/article265.htm#p265.02)
Criminal possession of a weapon on school grounds E Felony
265.01A (http://ypdcrime.com/penal.law/article265.htm#p265.01a)
Criminal possession of an anti-security item B Misdemeanor
170.47
Criminal possession of computer related material E Felony
156.35
Criminal possession of forgery devices D Felony
170.40
Criminal possession of marihuana in the fifth degree B Misdemeanor
221.10
Criminal possession of marihuana in the first degree C Felony
221.30 (http://ypdcrime.com/penal.law/article221.htm#p221.30)
Criminal possession of marihuana in the fourth degree A Misdemeanor
221.15
Criminal possession of marihuana in the second degree D Felony
221.25
Criminal possession of marihuana in the third degree E Felony
221.20
Criminal possession of precursors of controlled substances E Felony
220.60
Criminal possession of precursors of methamphetamine E Felony
220.72
Criminal possession of public benefit cards in the first degree C Felony
158.50 (http://ypdcrime.com/penal.law/article158.htm#p158.50)
Criminal possession of public benefit cards in the second degree D Felony
158.45
Criminal possession of public benefit cards in the third degree E Felony
158.40
Criminal possession of stolen property in the fifth degree A Misdemeanor
165.40
Criminal possession of stolen property in the first degree B Felony
165.54 (http://ypdcrime.com/penal.law/article165.htm#p165.54)
Criminal possession of stolen property in the fourth degree E Felony
165.45
Criminal possession of stolen property in the second degree C Felony
165.52 (http://ypdcrime.com/penal.law/article165.htm#p165.52)
Criminal possession of stolen property in the third degree D Felony
165.50
Criminal purchase or disposal of a weapon D Felony
265.17
Criminal sale of a controlled substance in or near school grounds B Felony
220.44 (http://ypdcrime.com/penal.law/article220.htm#p220.44)
Criminal sale of a controlled substance in the fifth degree D Felony
220.31
Criminal sale of a controlled substance in the first degree A-I Felony
220.43 (http://ypdcrime.com/penal.law/article220.htm#p220.43)
Criminal sale of a controlled substance in the fourth degree C Felony
220.34 (http://ypdcrime.com/penal.law/article220.htm#p220.34)
Criminal sale of a controlled substance in the second degree A-II Felony
220.41 (http://ypdcrime.com/penal.law/article220.htm#p220.41)
Criminal sale of a controlled substance in the third degree B Felony
220.39 (http://ypdcrime.com/penal.law/article230.htm#p220.39)
Criminal sale of a controlled substance to a child B Felony
220.48 (http://ypdcrime.com/penal.law/article220.htm#p220.48)
Criminal sale of a firearm in the first degree B Violent Felony
265.13 (http://ypdcrime.com/penal.law/article265.htm#p265.13)
Criminal sale of a firearm in the second degree C Violent Felony
265.12 (http://ypdcrime.com/penal.law/article265.htm#p265.12)
Criminal sale of a firearm in the third degree D Violent Felony
265.11 (http://ypdcrime.com/penal.law/article265.htm#p265.11)
Criminal sale of a firearm to a minor C Felony
265.16 (http://ypdcrime.com/penal.law/article265.htm#p265.16)
Criminal sale of a firearm with the aid of a minor C Violent Felony
265.14 (http://ypdcrime.com/penal.law/article265.htm#p265.14)
Criminal sale of a police uniform A Misdemeanor
190.27
Criminal sale of a prescription for a controlled substance C Felony
220.65 (http://ypdcrime.com/penal.law/article220.htm#p220.65)
Criminal sale of marihuana in the fifth degree B Misdemeanor
221.35
Criminal sale of marihuana in the first degree C Felony
221.55 (http://ypdcrime.com/penal.law/article221.htm#p221.55)
Criminal sale of marihuana in the fourth degree A Misdemeanor
221.40
Criminal sale of marihuana in the second degree D Felony
221.50
Criminal sale of marihuana in the third degree E Felony
221.45
Criminal sexual act in the first degree B Violent Felony
130.50 (http://ypdcrime.com/penal.law/article130.htm#p130.50)
Criminal sexual act in the second degree D Violent Felony
130.45 (http://ypdcrime.com/penal.law/article130.htm#p130.45)
Criminal sexual act in the third degree E Felony
130.40
Criminal simulation A Misdemeanor
170.45
Criminal solicitation in the fifth degree Violation
100.00
Criminal solicitation in the first degree C Felony
100.13 (http://ypdcrime.com/penal.law/article100.htm#p100.13)
Criminal solicitation in the fourth degree A Misdemeanor
100.05
Criminal solicitation in the second degree D Felony
100.10 (http://ypdcrime.com/penal.law/article100.htm#p100.10)
Criminal solicitation in the third degree E Felony
100.08
Criminal tampering in the first degree D Felony
145.20 (http://ypdcrime.com/penal.law/article145.htm#p145.20)
Criminal tampering in the second degree A Misdemeanor
145.15
Criminal tampering in the third degree B Misdemeanor
145.14
Criminal trespass in the first degree D Felony
140.17 (http://ypdcrime.com/penal.law/article140.htm#p140.17)
Criminal trespass in the second degree A Misdemeanor
140.15
Criminal trespass in the third degree B Misdemeanor
140.10
Criminal use of a chemical weapon or biological weapon in the first degree A-I Felony
490.55 (http://ypdcrime.com/penal.law/article490.htm#p490.55)
Criminal use of a chemical weapon or biological weapon in the second degree A-II Felony
490.50 (http://ypdcrime.com/penal.law/article490.htm#p490.50)
Criminal use of a chemical weapon or biological weapon in the third degree B Violent Felony
490.47 (http://ypdcrime.com/penal.law/article490.htm#p490.47)
Criminal use of a firearm in the first degree B Violent Felony
265.09 (http://ypdcrime.com/penal.law/article265.htm#p265.09)
Criminal use of a firearm in the second degree C Violent Felony
265.08 (http://ypdcrime.com/penal.law/article265.htm#p265.08)
Criminal use of a public benefit card in the first degree E Felony
158.35
Criminal use of a public benefit card in the second degree A Misdemeanor
158.30
Criminal use of an access device in the first degree E Felony
190.76
Criminal use of an access device in the second degree A Misdemeanor
190.75
Criminal usury in the first degree C Felony
190.42 (http://ypdcrime.com/penal.law/article190.htm#p190.42)
Criminally negligent homicide E Felony
125.10
Criminally possessing a hypodermic instrument A Misdemeanor
220.45
Criminally using drug paraphernalia in the first degree D Felony
220.55
Criminally using drug paraphernalia in the second degree A Misdemeanor
220.50
Custodial interference in the first degree E Felony
135.50
Custodial interference in the second degree A Misdemeanor
135.45
Defrauding the government E Felony
195.20
Disorderly conduct Violation
240.20
Disruption or disturbance of religious service A Misdemeanor
240.21
Disseminating a false registered sex offender notice A Misdemeanor
240.48
Disseminating indecent material to minors in the first degree D Felony
235.22
Disseminating indecent material to minors in the second degree E Felony
235.21
Dissemination of an unlawful surveillance image in the first degree E Felony
250.60
Dissemination of an unlawful surveillance image in the second degree A Misdemeanor
250.55
Divulging an eavesdropping warrant A Misdemeanor
250.20
Eavesdropping E Felony
250.05
Employer unlawfully penalizing witness or victim B Misdemeanor
215.14
Endangering the welfare of a child A Misdemeanor
260.10
Endangering the welfare of a vulnerable elderly person in the first degree D Felony
260.34
Endangering the welfare of a vulnerable elderly person in the second degree E Felony
260.32
Endangering the welfare of an incompetent or physically disabled person A Misdemeanor
260.25
Enterprise corruption B Felony
460.20 (http://ypdcrime.com/penal.law/article460.htm#p460.20)
Escape in the first degree D Felony
205.15
Escape in the second degree E Felony
205.10
Escape in the third degree A Misdemeanor
205.05
Exposure of a person Violation
245.01
Facilitating a sex offense with a controlled substance D Violent Felony
130.90 (http://ypdcrime.com/penal.law/article130.htm#p130.90)
Facilitating a sexual performance by a child with a controlled substance or alcohol B Felony
263.30 (http://ypdcrime.com/penal.law/article263.htm#p263.30)
Failing to report criminal communications B Misdemeanor
250.35
Failing to respond to an appearance ticket Violation
215.58
Failure to disclose the origin of a recording in the first degree E Felony
275.40
Failure to disclose the origin of a recording in the second degree A Misdemeanor
275.35
Failure to report wiretapping B Misdemeanor
250.15
False advertising A Misdemeanor
190.20
False personation B Misdemeanor
190.23
Falsely reporting an incident in the first degree D Violent Felony
240.60 (http://ypdcrime.com/penal.law/article240.htm#p240.60)
Falsely reporting an incident in the second degree E Violent Felony
240.55
Falsely reporting an incident in the third degree A Misdemeanor
240.50
Falsifying business records in the first degree E Felony
175.10
Falsifying business records in the second degree A Misdemeanor
175.05
Female genital mutilation E Felony
130.85
Forcible touching A Misdemeanor
130.52
Forgery in the first degree C Felony
170.15 (http://ypdcrime.com/penal.law/article170.htm#p170.15)
Forgery in the second degree D Felony
170.10
Forgery in the third degree A Misdemeanor
170.05
Forgery of a vehicle identification number E Felony
170.65
Fortune telling B Misdemeanor
165.35
Fraud in insolvency A Misdemeanor
185.00
Fraud involving a security interest A Misdemeanor
185.05
Fraudulent accosting A Misdemeanor
165.30
Fraudulent disposition of mortgaged property A Misdemeanor
185.10
Fraudulent disposition of property subject to a conditional sale contract A Misdemeanor
185.15
Fraudulent making of an electronic access device in the second degree D Felony
170.75
Fraudulently obtaining a signature A Misdemeanor
165.20
Gang assault in the first degree B Violent Felony
120.07 (http://ypdcrime.com/penal.law/article120.htm#p120.07)
Gang assault in the second degree C Violent Felony
120.06 (http://ypdcrime.com/penal.law/article120.htm#p120.06)
Giving unlawful gratuities A Misdemeanor
200.30
Grand larceny in the first degree B Felony
155.42 (http://ypdcrime.com/penal.law/article155.htm#p155.42)
Grand larceny in the fourth degree E Felony
155.30
Grand larceny in the second degree C Felony
155.40 (http://ypdcrime.com/penal.law/article155.htm#p155.40)
Grand larceny in the third degree D Felony
155.35 (http://ypdcrime.com/penal.law/article155.htm#p155.35)
Harassment in the first degree B Misdemeanor
240.25
Harassment in the second degree Violation
240.26
Harassment of a rent regulated tenant E Felony
241.05
Harming a service animal in the first degree E Felony
242.15
Harming a service animal in the second degree A Misdemeanor
242.10
Harming an animal trained to aid a person with a disability in the first degree A Misdemeanor
195.12
Harming an animal trained to aid a person with a disability in the second degree B Misdemeanor
195.11
Hazing in the first degree A Misdemeanor
120.16
Hazing in the second degree Violation
120.17
Health care fraud in the fifth degree A Misdemeanor
177.05
Health care fraud in the first degree B Felony
177.25 (http://ypdcrime.com/penal.law/article177.htm#p177.25)
Health care fraud in the fourth degree E Felony
177.10
Health care fraud in the second degree C Felony
177.20 (http://ypdcrime.com/penal.law/article177.htm#p177.20)
Health care fraud in the third degree D Felony
177.15
Hindering prosecution in the first degree D Felony
205.65
Hindering prosecution in the second degree E Felony
205.60
Hindering prosecution in the third degree A Misdemeanor
205.55
Hindering prosecution of terrorism in the first degree B Violent Felony
490.35 (http://ypdcrime.com/penal.law/article490.htm#p490.35)
Hindering prosecution of terrorism in the second degree C Violent Felony
490.30 (http://ypdcrime.com/penal.law/article490.htm#p490.30)
Identity theft in the first degree D Felony
190.80
Identity theft in the second degree E Felony
190.79
Identity theft in the third degree A Misdemeanor
190.78
Illegal possession of a vehicle identification number E Felony
170.70
Impairing the integrity of a government licensing examination D Felony
200.55
Impairing the integrity of a pari-mutuel betting system in the second degree E Felony
180.52
Incest in the first degree B Violent Felony
255.27 (http://ypdcrime.com/penal.law/article255.htm#p255.27)
Incest in the second degree D Felony
255.26
Incest in the third degree E Felony
255.25
Inciting to riot A Misdemeanor
240.08
Insurance fraud in the fifth degree A Misdemeanor
176.10
Insurance fraud in the first degree B Felony
176.30 (http://ypdcrime.com/penal.law/article176.htm#p176.30)
Insurance fraud in the fourth degree E Felony
176.15
Insurance fraud in the second degree C Felony
176.25 (http://ypdcrime.com/penal.law/article176.htm#p176.25)
Insurance fraud in the third degree D Felony
176.20
Interference harassment or intimidation of a service animal B Misdemeanor
242.05
Intimidating a victim or witness in the first degree B Violent Felony
215.17 (http://ypdcrime.com/penal.law/article215.htm#p215.17)
Intimidating a victim or witness in the second degree D Violent Felony
215.16 (http://ypdcrime.com/penal.law/article215.htm#p215.16)
Intimidating a victim or witness in the third degree E Felony
215.15
Issuing a bad check B Misdemeanor
190.05
Issuing a false certificate E Felony
175.40
Issuing a false financial statement A Misdemeanor
175.45
Issuing abortional articles B Misdemeanor
125.60
Jostling A Misdemeanor
165.25
Kidnapping in the first degree A-I Felony
135.25 (http://ypdcrime.com/penal.law/article135.htm#p135.25)
Kidnapping in the second degree B Violent Felony
135.20 (http://ypdcrime.com/penal.law/article135.20.htm#p135.20)
Killing or injuring a police animal A Misdemeanor
195.06
Labor trafficking D Felony
135.35 (http://ypdcrime.com/penal.law/article135.htm#p135.35)
Licenses to carry possess repair and dispose of firearms A Misdemeanor
400.00(15)
Life settlement fraud in the fifth degree A Misdemeanor
176.45
Life settlement fraud in the first degree B Felony
176.65 (http://ypdcrime.com/penal.law/article176.htm#p176.65)
Life settlement fraud in the fourth degree E Felony
176.50
Life settlement fraud in the second degree C Felony
176.60 (http://ypdcrime.com/penal.law/article176.htm#p176.60)
Loitering Violation
240.35
Loitering for the purpose of engaging in a prostitution offense A Misdemeanor
240.37(3)
Loitering for the purpose of engaging in a prostitution offense Violation
240.37(2)
Loitering for the purpose of engaging in a prostitution offense (previous conviction of 230.00 or 230.05) B Misdemeanor
240.37(2)
Loitering in the first degree B Misdemeanor
240.36
Luring a child E Felony
120.70
Making a false statement of credit terms A Misdemeanor
190.55
Making a punishable false written statement A Misdemeanor
210.45
Making a terroristic threat D Violent Felony
490.20 (http://ypdcrime.com/penal.law/article490.htm#p490.20)
Making an apparently sworn false statement in the first degree E Felony
210.40
Making an apparently sworn false statement in the second degree A Misdemeanor
210.35
Making graffiti A Misdemeanor
145.60
Manslaughter in the first degree B Violent Felony
125.20 (http://ypdcrime.com/penal.law/article125.htm#p125.20)
Manslaughter in the second degree C Felony
125.15 (http://ypdcrime.com/penal.law/article125.htm#p125.15)
Manufacture of unauthorized recordings in the first degree E Felony
275.10
Manufacture of unauthorized recordings in the second degree A Misdemeanor
275.05
Manufacture or sale of an unauthorized recording of a performance in the first degree E Felony
275.20
Manufacture or sale of an unauthorized recording of a performance in the second degree A Misdemeanor
275.15
Manufacture transport disposition and defacement of weapons and dangerous instruments and appliances A Misdemeanor
265.10
Menacing a police officer or peace officer D Violent Felony
120.18 (http://ypdcrime.com/penal.law/article120.htm#p120.18)
Menacing in the first degree E Felony
120.13
Menacing in the second degree A Misdemeanor
120.14
Menacing in the third degree B Misdemeanor
120.15
Misapplication of property A Misdemeanor
165.00
Misconduct by a juror in the first degree A Misdemeanor
215.30
Misconduct by a juror in the second degree Violation
215.28
Misconduct by corporate official B Misdemeanor
190.35
Misrepresentation by a child day care provider A Misdemeanor
260.31
Money laundering in support of terrorism in the first degree B Felony
470.24 (http://ypdcrime.com/penal.law/article470.htm#p470.24)
Money laundering in support of terrorism in the fourth degree E Felony
470.21
Money laundering in support of terrorism in the second degree C Felony
470.23 (http://ypdcrime.com/penal.law/article470.htm#p470.23)
Money laundering in support of terrorism in the third degree D Felony
470.22
Money laundering in the first degree B Felony
470.20 (http://ypdcrime.com/penal.law/article470.htm#p470.20)
Money laundering in the fourth degree E Felony
470.05
Money laundering in the second degree C Felony
470.15 (http://ypdcrime.com/penal.law/article470.htm#p470.15)
Money laundering in the third degree D Felony
470.10
Murder in the first degree A-I Felony
125.27 (http://ypdcrime.com/penal.law/article125.htm#p125.27)
Murder in the second degree A-I Felony
125.25 (http://ypdcrime.com/penal.law/article125.htm#p125.25)
Non-support of a child in the first degree E Felony
260.06
Non-support of a child in the second degree A Misdemeanor
260.05
Obscenity in the first degree D Felony
235.07
Obscenity in the second degree E Felony
235.06
Obscenity in the third degree A Misdemeanor
235.05
Obstructing emergency medical services A Misdemeanor
195.16
Obstructing governmental administration by means of a self-defense spray device D Felony
195.08
Obstructing governmental administration in the second degree A Misdemeanor
195.05
Obstruction of governmental duties by means of a bomb destructive device explosive or hazardous substance D Felony
195.17
Offensive exhibition Violation
245.05
Offering a false instrument for filing in the first degree E Felony
175.35
Offering a false instrument for filing in the second degree A Misdemeanor
175.30
Official misconduct A Misdemeanor
195.00
Operating as a major trafficker A-I Felony
220.77 (http://ypdcrime.com/penal.law/article220.htm#p220.77)
Patronizing a prostitute in the first degree D Felony
230.06
Patronizing a prostitute in the second degree E Felony
230.05
Patronizing a prostitute in the third degree A Misdemeanor
230.04
Perjury in the first degree D Felony
210.15
Perjury in the second degree E Felony
210.10
Perjury in the third degree A Misdemeanor
210.05
Permitting prostitution B Misdemeanor
230.40
Persistent sexual abuse E Violent Felony
130.53
Petit larceny A Misdemeanor
155.25
Placing a false bomb or hazardous substance in a sports stadium or arena mass transportation facility or enclosed shopping mall D Violent Felony
240.63 (http://ypdcrime.com/penal.law/article240.htm#p240.63)
Placing a false bomb or hazardous substance in the first degree D Violent Felony
240.62 (http://ypdcrime.com/penal.law/article240.htm#p240.62)
Placing a false bomb or hazardous substance in the second degree E Violent Felony
240.61
Possessing a sexual performance by a child E Felony
263.16
Possessing an obscene sexual performance by a child E Felony
263.11
Possession of a gambling device A Misdemeanor
225.30
Possession of burglar`s tools A Misdemeanor
140.35
Possession of eavesdropping devices A Misdemeanor
250.10
Possession of gambling records in the first degree E Felony
225.20
Possession of gambling records in the second degree A Misdemeanor
225.15
Possession of graffiti instruments B Misdemeanor
145.65
Possession of usurious loan records A Misdemeanor
190.45
Predatory sexual assault A-II Felony
190.95 (http://ypdcrime.com/penal.law/article130.htm#p130.95)
Predatory sexual assault against a child. A-II Felony
130.96 (http://ypdcrime.com/penal.law/article130.htm#p130.96)
Prohibited use of weapons A Misdemeanor
265.35
Promoting a sexual performance by a child D Felony
263.15
Promoting a suicide attempt E Felony
120.30
Promoting an obscene sexual performance by a child D Felony
263.10
Promoting gambling in the first degree E Felony
225.10
Promoting gambling in the second degree A Misdemeanor
225.05
Promoting prison contraband in the first degree D Felony
205.25
Promoting prison contraband in the second degree A Misdemeanor
205.20
Promoting prostitution in a school zone E Felony
230.19
Promoting prostitution in the first degree B Felony
230.32 (http://ypdcrime.com/penal.law/article230.htm#p230.32)
Promoting prostitution in the fourth degree A Misdemeanor
230.20
Promoting prostitution in the second degree C Felony
230.30 (http://ypdcrime.com/penal.law/article230.htm#p230.30)
Promoting prostitution in the third degree D Felony
230.25
Promoting the exposure of a person Violation
245.02
Prostitution B Misdemeanor
230.00
Prostitution in a school zone A Misdemeanor
230.03
Providing a juror with a gratuity A Misdemeanor
215.22
Public display of offensive sexual material A Misdemeanor
245.11
Public lewdness B Misdemeanor
245.00
Rape in the first degree B Violent Felony
130.35 (http://ypdcrime.com/penal.law/article130.htm#p130.35)
Rape in the second degree D Violent Felony
130.30 (http://ypdcrime.com/penal.law/article130.htm#p130.30)
Rape in the third degree E Felony
130.25
Receiving reward for official misconduct in the first degree C Felony
200.27 (http://ypdcrime.com/penal.law/article200.htm#p200.27)
Receiving reward for official misconduct in the second degree E Felony
200.25
Receiving unlawful gratuities A Misdemeanor
200.35
Reckless assault of a child D Violent Felony
120.02 (http://ypdcrime.com/penal.law/article120.htm#p120.02)
Reckless assault of a child by a child day care provider E Felony
120.01
Reckless endangerment in the first degree D Felony
120.25 (http://ypdcrime.com/penal.law/article120.htm#p120.25)
Reckless endangerment in the second degree A Misdemeanor
120.20
Reckless endangerment of property B Misdemeanor
145.25
Refusing to aid a peace or a police officer B Misdemeanor
195.10
Rent gouging in the first degree E Felony
180.57
Rent gouging in the second degree A Misdemeanor
180.56
Rent gouging in the third degree B Misdemeanor
180.55
Residential mortgage fraud in the fifth degree A Misdemeanor
187.05
Residential mortgage fraud in the first degree B Felony
187.25 (http://ypdcrime.com/penal.law/article187.htm#p187.25)
Residential mortgage fraud in the fourth degree E Felony
187.10
Residential mortgage fraud in the second degree C Felony
187.20 (http://ypdcrime.com/penal.law/article187.htm#p187.20)
Residential mortgage fraud in the third degree D Felony
187.15
Rewarding official misconduct in the first degree C Felony
200.22 (http://ypdcrime.com/penal.law/article200.htm#p200.22)
Rewarding official misconduct in the second degree E Felony
200.20
Riot in the first degree E Felony
240.06
Riot in the second degree A Misdemeanor
240.05
Robbery in the first degree B Violent Felony
160.15 (http://ypdcrime.com/penal.law/article160.htm#p160.15)
Robbery in the second degree C Violent Felony
160.10 (http://ypdcrime.com/penal.law/article160.htm#p160.10)
Robbery in the third degree D Felony
160.05
Safe storage of rifles, shotguns, and firearms A Misdemeanor
265.45 (http://ypdcrime.com/penal.law/article265.htm#p265.45)
Scheme to defraud in the first degree E Felony
190.65
Scheme to defraud in the second degree A Misdemeanor
190.60
Scheme to defraud the state by unlawfully selling prescriptions A Misdemeanor
190.70
Self-abortion in the first degree A Misdemeanor
125.55
Self-abortion in the second degree B Misdemeanor
125.50
Sellers of ammunition Violation
400.03 (http://ypdcrime.com/penal.law/article400.htm#p400.03)
Sexual abuse in the first degree D Violent Felony
130.65 (http://ypdcrime.com/penal.law/article130.htm#p130.65)
Sexual abuse in the second degree A Misdemeanor
130.60
Sexual abuse in the third degree B Misdemeanor
130.55
Sexual misconduct A Misdemeanor
130.20
Soliciting or providing support for an act of terrorism in the first degree C Violent Felony
490.15 (http://ypdcrime.com/penal.law/article490.htm#p490.15)
Soliciting or providing support for an act of terrorism in the second degree D Violent Felony
490.10 (http://ypdcrime.com/penal.law/article490.htm#p490.10)
Sports bribe receiving E Felony
180.45
Stalking in the first degree D Violent Felony
120.60 (http://ypdcrime.com/penal.law/article120.htm#p120.60)
Stalking in the fourth degree B Misdemeanor
120.45
Stalking in the second degree E Felony
120.55
Stalking in the third degree A Misdemeanor
120.50
Strangulation in the first degree C Violent Felony
120.13 (http://ypdcrime.com/penal.law/article120.htm#p120.13)
Strangulation in the second degree D Violent Felony
121.12 (http://ypdcrime.com/penal.law/article121.htm#p121.12)
Substitution of children E Felony
135.55
Tampering with a consumer product in the first degree E Felony
145.45
Tampering with a consumer product in the second degree A Misdemeanor
145.40
Tampering with a juror in the first degree A Misdemeanor
215.25
Tampering with a juror in the second degree B Misdemeanor
215.23
Tampering with a sports contest in the first degree E Felony
180.51
Tampering with a sports contest in the second degree A Misdemeanor
180.50
Tampering with a witness in the first degree B Felony
215.13 (http://ypdcrime.com/penal.law/article215.htm#p215.13)
Tampering with a witness in the fourth degree A Misdemeanor
215.10
Tampering with a witness in the second degree D Felony
215.12
Tampering with a witness in the third degree E Felony
215.11
Tampering with physical evidence E Felony
215.40
Tampering with private communications B Misdemeanor
250.25
Tampering with public records in the first degree D Felony
175.25
Tampering with public records in the second degree A Misdemeanor
175.20
Theft of services A Misdemeanor
165.15
Trademark counterfeiting in the second degree E Felony
165.72
Trademark counterfeiting in the third degree A Misdemeanor
165.71
Trespass Violation
140.05
Unauthorized operation of a recording device in a motion picture or live theater in the first degree E Felony
275.34
Unauthorized operation of a recording device in a motion picture or live theater in the second degree A Misdemeanor
275.33
Unauthorized radio transmission A Misdemeanor
190.72
Unauthorized sale of certain transportation services B Misdemeanor
165.16
Unauthorized use of a computer A Misdemeanor
156.05
Unauthorized use of a vehicle in the first degree D Felony
165.08
Unauthorized use of a vehicle in the second degree E Felony
165.06
Unauthorized use of a vehicle in the third degree A Misdemeanor
165.05
Unlawful possession of a large capacity ammunition feeding A Misdemeanor
265.36 (http://ypdcrime.com/penal.law/article265.htm#p265.36)
Unlawful assembly B Misdemeanor
240.10
Unlawful collection practices B Misdemeanor
190.50
Unlawful disclosure of an indictment B Misdemeanor
215.75
Unlawful disposal of methamphetamine laboratory material E Felony
220.76
Unlawful disposition of assets subject to forfeiture A Misdemeanor
215.80
Unlawful duplication of computer related material in the first degree E Felony
156.30
Unlawful duplication of computer related material in the second degree B Misdemeanor
156.29
Unlawful fleeing a police officer in a motor vehicle in the first degree D Felony
270.35
Unlawful fleeing a police officer in a motor vehicle in the second degree E Felony
270.30
Unlawful fleeing a police officer in a motor vehicle in the third degree A Misdemeanor
270.25
Unlawful grand jury disclosure E Felony
215.70
Unlawful imprisonment in the first degree E Felony
135.10
Unlawful imprisonment in the second degree A Misdemeanor
135.05
Unlawful manufacture of methamphetamine in the first degree B Felony
220.75 (http://ypdcrime.com/penal.law/article220.htm#p220.75)
Unlawful manufacture of methamphetamine in the second degree C Felony
220.74 (http://ypdcrime.com/penal.law/article220.htm#p220.74)
Unlawful manufacture of methamphetamine in the third degree D Felony
220.73
Unlawful possession of a skimmer device in the first degree E Felony
190.86
Unlawful possession of a skimmer device in the second degree A Misdemeanor
190.85
Unlawful possession of certain ammunition feeding devices B Misdemeanor
265.37 (http://ypdcrime.com/penal.law/article265.htm#p265.37)
Unlawful possession of marihuana Violation
221.05
Unlawful possession of personal identification information in the first degree D Felony
190.83
Unlawful possession of personal identification information in the second degree E Felony
190.82
Unlawful possession of personal identification information in the third degree A Misdemeanor
190.81
Unlawful possession of radio devices B Misdemeanor
140.40
Unlawful prevention of public access to rec Violation
240.65
Unlawful surveillance in the first degree D Felony
250.50
Unlawful surveillance in the second degree E Felony
250.45
Unlawful use of credit card debit card or public benefit card A Misdemeanor
165.17
Unlawful use of secret scientific material E Felony
165.07
Unlawful wearing of a body vest E Felony
270.20
Unlawfully concealing a will E Felony
190.30
Unlawfully dealing with a child in the first degree A Misdemeanor
260.20
Unlawfully dealing with a child in the second degree B Misdemeanor
260.21
Unlawfully dealing with fireworks and dangerous fireworks E Felony
270.00(2biii)
Unlawfully dealing with fireworks and dangerous fireworks A Misdemeanor
270.00(2aii)
Unlawfully dealing with fireworks and dangerous fireworks B Misdemeanor
270.00(2a,5)
Unlawfully issuing a dissolution decree A Misdemeanor
255.05
Unlawfully possessing or selling noxious material B Misdemeanor
270.05
Unlawfully posting advertisements Violation
145.30
Unlawfully procuring a marriage license A Misdemeanor
255.10
Unlawfully refusing to yield a party line B Misdemeanor
270.15
Unlawfully solemnizing a marriage A Misdemeanor
255.00
Unlawfully using slugs in the first degree E Felony
170.60
Unlawfully using slugs in the second degree B Misdemeanor
170.55
Unpermitted use of indoor pyrotechnics in the second degree A Misdemeanor
405.12
Use of a child in a sexual performance C Felony
263.05 (http://ypdcrime.com/penal.law/article263.htm#p263.05)
Use of a child to commit a controlled substance offense E Felony
220.28
Vehicular assault in the first degree D Felony
120.04 (http://ypdcrime.com/penal.law/article120.htm#p120.04)
Vehicular assault in the second degree E Felony
120.03
Vehicular manslaughter in the first degree C Felony
125.13 (http://ypdcrime.com/penal.law/article125.htm#p125.13)
Vehicular manslaughter in the second degree D Felony
125.12 (http://ypdcrime.com/penal.law/article125.htm#p125.12)
Welfare fraud in the fifth degree A Misdemeanor
158.05
Welfare fraud in the first degree B Felony
158.25 (http://ypdcrime.com/penal.law/article158.htm#p158.25)
Welfare fraud in the fourth degree E Felony
158.10
Welfare fraud in the second degree C Felony
158.20 (http://ypdcrime.com/penal.law/article158.htm#p158.20)
Welfare fraud in the third degree D Felony
158.15 (http://ypdcrime.com/penal.law/article158.15.htm#p158.15)
This is what you're asking someone to sort through for you.

Best of luck,

Jim Clark-Dawe

ECathers
04-05-2013, 12:24 AM
Wow! Awesome. All this is what I've been spending days trying to find. Thanks folks!

ECathers
04-10-2013, 02:39 AM
Thanks to all your help and a few more grueling days of research I've made some adjustments to my story.

The charges:
"Okay, first off, I got a list of the possible charges against Willa," Demeter said. "I'll give you the lay person's version. All the degrees and technicalities will just get you confused. And no freaking out Hailey, all this can be negotiated when--make that if--we go to court. Anyhow, we've got grand larceny, arson, reckless endangerment, multiple counts of endangering the welfare of a child, reckless driving, assault..." She laughed. "Baby girl, when you do it, you do it good."

Would a lawyer be able to dumb it down that much? Is there any legal jargon I should include?

I've also determined that:

The lawyer's love interest/contact is the Kingston, NY Chief of Police.

Roadblocks: When these happen, the lawyer asks, "for a juvenile? Really?" and also points out how much roadblocks and a house to house questioning will cost the taxpayer and how unlikely this is. Another character says that New Paltz NY (where it happens) is roadblock crazy. (I've observed this as true during my past years of living there and just managed to get that confirmed/agreed with by my elderly NYPD friend who now lives there.) This sets up the possibility that the NPPD is being mind controlled by the bad guys.

Incidentally, one of the reasons I'm not just walking down to the PD and asking questions is because I no longer live in the same state. Any info I get re NY is being routed to me 3rd party. I'm a little leery of just calling up NPPD and asking, "hey if you people majorly screwed up...?" If you think the NPPD would be good with this, PLEASE let me know. I'm going to assume they don't have a unit hanging around to answer stupid questions from writers.

Why after the kidnapping they don't just call the cops themselves? 1)Panic 2) No cell phone available. It would be out of character for the folks involved to have one. 3) Their emergency HQ is only minutes away and why not just go back there and call in the lawyer's friend first, especially if the local PD and campus PD aren't entirely trusted.

ECathers
04-10-2013, 03:09 AM
Okay, the other things I've figured out: 1) In NY AMBER alert seems to go through State Police (not the DA). I think. 2) The child is eligible for AMBER status.

The lawyer is trying to arrange the MC turning herself in via the help of the Kingston Chief of Police. Is there a problem with this?

Now the really challenging stuff: How do I keep my MC out of jail?

1) The plot is on a timer so I can't afford for the MC to go to court, be arraigned, post bail and be released unless that could happen within an hour or two. Is that possible if the lawyer set that up ahead of time? Already pre-posted bail?. Possibly set up an appointment for the arraignment hearing? The challenge here is that the MC has been lost in the woods for 3 days and the lawyer didn't know when she'd be found unless the arraignment hearing just coincidentally had been set up meanwhile and coincided with her return.

Since that seems to be the body who deals with kidnappings, would the State Police (BCI) be willing to ignore an arrest warrant for the MC at least long enough (2 days) for the rest of the plot to play out, especially if weirdness with the local police department gave them some questions?

Could the lawyer negotiate 3-4 days to turn her client in based on the fact that her client is also a witness to the kidnapping of a small (3 1/2 yr old) child?

Also considering the Kingston Police Chief as part of the process, would he be able to be able to be involved without compromising his legal morals?

jclarkdawe
04-10-2013, 04:27 AM
Thanks to all your help and a few more grueling days of research I've made some adjustments to my story.

The charges:
"Okay, first off, I got a list of the possible charges against Willa," Demeter said. "I'll give you the lay person's version. All the degrees and technicalities will just get you confused. And no freaking out Hailey, all this can be negotiated when--make that if--we go to court. Anyhow, we've got grand larceny, arson, reckless endangerment, multiple counts of endangering the welfare of a child, reckless driving, assault..."She laughed. "Baby girl, when you do it, you do it good." You don't make promises to clients in criminal cases. Never ever. Remember she's a juvenile and not an adult. Maximum damage here is really not that bad. If this is her first offense, the most likely result would be a juvie home until she turns 18.

Would a lawyer be able to dumb it down that much? You don't really want to know how much you have to dumb this down for some defendants. Especially juvie virgins. A kid who's fifteen, never been in trouble, and an IQ of borderline 70 is a frequent client type. Is there any legal jargon I should include? Not unless she's the type of attorney who wants to baffle her client.

I've also determined that:

The lawyer's love interest/contact is the Kingston, NY Chief of Police.

Roadblocks: When these happen, the lawyer asks, "for a juvenile? Really?" and also points out how much roadblocks and a house to house questioning will cost the taxpayer and how unlikely this is. Another character says that New Paltz NY (where it happens) is roadblock crazy. (I've observed this as true during my past years of living there and just managed to get that confirmed/agreed with by my elderly NYPD friend who now lives there.) This sets up the possibility that the NPPD is being mind controlled by the bad guys. Remember that a roadblock for inspection checks is a revenue maker for police. Depending upon how ticket revenue is allocated, a police department can makes some serious money this way.

Incidentally, one of the reasons I'm not just walking down to the PD and asking questions is because I no longer live in the same state. Any info I get re NY is being routed to me 3rd party. I'm a little leery of just calling up NPPD and asking, "hey if you people majorly screwed up...?" If you think the NPPD would be good with this, PLEASE let me know. I'm going to assume they don't have a unit hanging around to answer stupid questions from writers. Actually, NYPD has a unit for Television and Movie unit. I assume they'd also help novelists. However, NYPD is going to be an entirely different animal then an upstate police department.

Why after the kidnapping they don't just call the cops themselves? 1)Panic 2) No cell phone available. It would be out of character for the folks involved to have one. 3) Their emergency HQ is only minutes away and why not just go back there and call in the lawyer's friend first, especially if the local PD and campus PD aren't entirely trusted.


Okay, the other things I've figured out: 1) In NY AMBER alert seems to go through State Police (not the DA). I think. It would start with the local department calling the state police. Unless a crime is ultra serious, like murder, DA's are not involved until after the arrest. 2) The child is eligible for AMBER status.

The lawyer is trying to arrange the MC turning herself in via the help of the Kingston Chief of Police. Is there a problem with this? Normal part of the job.

Now the really challenging stuff: How do I keep my MC out of jail? Remember that she is a juvenile. The preference in the juvenile system is to keep a child in their home, especially if sufficient protections can be built into her home detention to keep her out of trouble.

1) The plot is on a timer so I can't afford for the MC to go to court, be arraigned, post bail and be released unless that could happen within an hour or two. Is that possible if the lawyer set that up ahead of time? Already pre-posted bail?. Possibly set up an appointment for the arraignment hearing? The challenge here is that the MC has been lost in the woods for 3 days and the lawyer didn't know when she'd be found unless the arraignment hearing just coincidentally had been set up meanwhile and coincided with her return. Juveniles do not receive bail. Juveniles are either returned home, placed in a temporary group home, or juvenile detention. Juveniles can be returned to their home without going to court if the police wish that to happen. (Just like adults can be released with a summons and no court appearance.)

How gung--ho are the police here? How much do they want her locked away? Answer those questions, and I can give you an approach to make this happen.

Since that seems to be the body who deals with kidnappings, would the State Police (BCI) be willing to ignore an arrest warrant for the MC at least long enough (2 days) for the rest of the plot to play out, especially if weirdness with the local police department gave them some questions? If she's suspected of the kidnapping, there is no way they'd wait. If she's not connected with the kidnapping, what does the kidnapping have to do with her being detained? Until a local police department issues a juvenile petition and file it in the system, the only department that would know about the petition is the originating department and maybe not even every officer would know.

However, if they're going to do roadblocks and stuff like that there's no way the police could delay the detention of her.

Could the lawyer negotiate 3-4 days to turn her client in based on the fact that her client is also a witness to the kidnapping of a small (3 1/2 yr old) child? Ignoring the roadblock issue, if she's a witness to a kidnapping the police are going to want to talk to her ASAP. Bargaining chip for getting them to release her to home detention.

Also considering the Kingston Police Chief as part of the process, would he be able to be able to be involved without compromising his legal morals? He'd be walking a tightrope, but it's doable.

Best of luck,

Jim Clark-Dawe

ECathers
04-10-2013, 02:50 PM
Thanks so much Jim.

The person kidnapped was the MC's little brother. The MC and two adults witnessed it but were prevented from stopping it.

The roadblocks happened earlier in the story and aren't really a worry at this point.

The NP police aren't all that gung-ho about catching her now. They're just a bit befuddled. Since the bad guys' main objective (kidnapping the brother) has been accomplished they are no longer being mind controlled. I suppose they'd still like to catch her, but she's no longer their top priority.

The state police will question my MC regarding the specifics of the kidnapping and whether or not the brother's father/grandmother might be involved. (They aren't.) Would these be troopers or BCI detectives?

Home detention sounds good, but might be a little bit of a problem as she needs to leave the house 5 times after that.

Could I possibly say that the lawyer is arranging for home detention, but it hasn't been made official yet?

Also how "detaining" would that be? Would she be able to go back to school?

Also the car theft and setting the fire/fire alarm was in response to the first time the baddies tried to kidnap the brother. Once the kidnapping is successful, would that be proof of mitigating circumstances? I'd like to eventually get the charges dropped and have her "volunteer" for community service as part of that.

However if the state police wouldn't know that she is wanted, that might help as well.

Could/would the Chief of PD come and question her personally, either in official capacity (since he is also noticing that the NP police had been acting strange) or in an unofficial one, "I'm just here to help out my lawyer friend, I'm not here on an official level." Or would he stay the hell away and not be involved other than arranging her surrender and calling the state police when the kidnapping happens? (I realize that questioning folks on this level is probably not part of his job description.)

Thanks again!

jclarkdawe
04-11-2013, 04:18 AM
Thanks so much Jim.

The person kidnapped was the MC's little brother. The MC and two adults witnessed it but were prevented from stopping it.

The roadblocks happened earlier in the story and aren't really a worry at this point. But the roadblocks need a lot of justification. I'd hit her with every charge that's possible here at this point. And I'd make the guy she ran into look like he's in serious condition. Hit and run with major injuries justifies a lot of resources. However, remember that every police officer in the county now know about her charges.

The NP police aren't all that gung-ho about catching her now. They're just a bit befuddled. Since the bad guys' main objective (kidnapping the brother) has been accomplished they are no longer being mind controlled. I suppose they'd still like to catch her, but she's no longer their top priority. Things change as an investigation continues. One would be the guy who appeared to be seriously injures disappears from the hospital. (Not unlikely if he's a bad guy.) But so they're no longer gung-ho. It happens.

The state police will question my MC regarding the specifics of the kidnapping and whether or not the brother's father/grandmother might be involved. (They aren't.) Would these be troopers or BCI detectives? Don't know. But the fact that they want to question her is a factor in lesser restrictions on her after she turns herself in.

Home detention sounds good, but might be a little bit of a problem as she needs to leave the house 5 times after that. Home detention means she's the responsibility of her parent(s). If her parent(s) is happy with knowing where she's at, that's fine.

Could I possibly say that the lawyer is arranging for home detention, but it hasn't been made official yet? I'd have her released into the custody of her parents.

Also how "detaining" would that be? Would she be able to go back to school? Not only could she, failure to go to school can result in more restrictions. Plus if she has a job, she has to show up for that.

Also the car theft and setting the fire/fire alarm was in response to the first time the baddies tried to kidnap the brother. Once the kidnapping is successful, would that be proof of mitigating circumstances? I'd like to eventually get the charges dropped and have her "volunteer" for community service as part of that. Instead of volunteer for community service, have her do a diversion program. It's a way of avoiding juvie court, with some consequences. If there is a necessity, you have permission to do a crime. Classic is self defense and murder.

However if the state police wouldn't know that she is wanted, that might help as well. Once they do the roadblock, the state police will know.

Could/would the Chief of PD come and question her personally, either in official capacity (since he is also noticing that the NP police had been acting strange) or in an unofficial one, "I'm just here to help out my lawyer friend, I'm not here on an official level." Or would he stay the hell away and not be involved other than arranging her surrender and calling the state police when the kidnapping happens? (I realize that questioning folks on this level is probably not part of his job description.) In real life he'd avoid this. In fiction, sure, he'd do it. Police chiefs in medium size departments will question suspects when they take an interest in a case.

Thanks again!

Best of luck,

Jim Clark-Dawe

ECathers
04-13-2013, 12:06 AM
Wow thanks! This has been a great help!

I now have Layton as the Poughkeepsie PD Chief. (Different judicial district than the lawyer, so less chance of a conflict of interest with their dating.)

The baddie used mind control to make people believe she was seriously injured. Thus the roadblocks looking for my hit & run MC. Later the baddie "disappeared" from the hospital, so the investigation became less dire.

The Poughkeepsie PD Chief will help my MC surrender herself and call in the state troopers regarding the kidnapping.

My MC will be released to home detention.