NY Defense Counsel

What is a Kickback and Why is it Illegal?

By Lee Koch | December 22, 2021 | Comments Off on What is a Kickback and Why is it Illegal?

This week the owner of a telemedicine company pled guilty to a conspiracy to both pay and receive health care kickbacks. A former Netflix executive was sentenced to 30 months in prison this week for receiving bribes and kickbacks from tech companies who wanted lucrative contracts from Netflix.  Kickbacks are a crime of corruption. One…

Should You Testify on Your Own Behalf in a Criminal Case?

By Lee Koch | January 6, 2021 | Comments Off on Should You Testify on Your Own Behalf in a Criminal Case?

Many of our clients ask us whether or not it’s a good idea to testify in their own criminal cases.  Whether the case is a New York State case or a federal one, testifying on your own behalf is fraught. It comes with a lot of dangers, and usually with few benefits.  Most of the…

What is Deferred Prosecution?

By Lee Koch | July 29, 2019 | Comments Off on What is Deferred Prosecution?

Deferred prosecution can be one of the better case outcomes either at the federal or state level, depending on what you’ve been accused of, how much evidence the prosecution has, and what your alternatives are. Under a deferred prosecution agreement, the prosecutor agrees not to pursue a conviction if you will agree to certain conditions.…

What Are the Conditions of Making Bail in NY?

By Lee Koch | January 14, 2019 | Comments Off on What Are the Conditions of Making Bail in NY?

If you are arrested and charged with a crime in NY, you don’t immediately have a criminal trial. There are several, very important, steps that happen in between. First, you have an initial hearing, which can be coupled with arraignment in federal or state court. During your arraignment, the charges against you are read by…

How Do You Know Your Cybercrime Lawyer Has Enough Experience?

By Lee Koch | November 28, 2018 | Comments Off on How Do You Know Your Cybercrime Lawyer Has Enough Experience?

There are hundreds, if not thousands, of qualified criminal lawyers in the State of New York. These private defense lawyers handle theft charges, DWI cases, and even allegations of sexual abuse on a regular basis. While defense to any criminal offense requires a substantial amount of training and knowledge, cybercrimes seem to be a category…

How Should You Define Cyber Terrorism?

By Lee Koch | November 14, 2018 | Comments Off on How Should You Define Cyber Terrorism?

Our team at Koch Law has a particular focus on defending cybercrimes, including cyber identity theft, computer fraud, cyber warfare, DDOS attacks, and cyber terrorism. Unlike many traditional practice areas of criminal law, for example, assault or murder, the exact definition of many cybercrimes is consistently changing. What is the reason for a shift in…

Can You Be Charged with Attempting a Crime in New York?

By Lee Koch | October 30, 2018 | Comments Off on Can You Be Charged with Attempting a Crime in New York?

At the time of your arrest or during questioning by the police, you might be shocked to hear charges for attempted robbery or attempted rape. Similarly, you could be formally charged with attempted identity theft or attempted embezzlement as a federal crime in New York. Have you identified what makes these criminal offenses different from…

Searching Cell Phones: When Can the Police Search Your Devices?

By Lee Koch | October 13, 2018 | Comments Off on Searching Cell Phones: When Can the Police Search Your Devices?

Last month, we wrote an in-depth blog post on searches of your home and other personal property. This sparked a lot of conversation around searches, warrants, and when law enforcement is permitted to search your property. While the law around searching your home might be well-known and established, the rules around cell phones, tablets, computer…

Should You Go To Trial for Federal Criminal Charges?

By Lee Koch | September 15, 2018 | Comments Off on Should You Go To Trial for Federal Criminal Charges?

Early in your federal criminal case, you have a major decision to make: do you want to accept a plea bargain from the federal prosecutor or go to trial? In the United States, upwards of 90% of federal criminal charges are settled before trial, and it is likely that statistic is even higher when it…

What Qualities Matter When Hiring a NY Lawyer for a Computer Crime?

By Lee Koch | August 29, 2018 | Comments Off on What Qualities Matter When Hiring a NY Lawyer for a Computer Crime?

Charges for a computer crime in NY are complex. The laws applicable to a potential crime are broad and widely applied to both the state and federal level. Simultaneously, the actions that amount to a computer crime are detailed and specific. As well, the due diligence and information gathering aspects of a computer crime case…