Manuel Portela Jr.'s Legal Cases (15)

Criminal defense

IMMIGRATION: ICE REMOVAL ENFORCEMENT, BUSTS AT THE STEPS OF THE COURTHOUSE

Apr 13, 2018

OUTCOME: DISMISSAL

IMMIGRATION BREAKING NEWS IMMIGRATION: ICE REMOVAL ENFORCEMENT, BUSTS AT THE STEPS OF THE COURTHOUSE Alejandro Martinez, an undocumented immigrant age 45, was arrested at the steps of the Crimina ... l Courthouse at 100 Centre Street in Manhattan by ICE agents as he exited the courthouse in the early morning after appearing in court for his case. On April 3, 2018 Alejandro Martinez, also known as Alejandro Escobar, appeared promptly at 9:30 a.m. in court to answer to a misdemeanor charge of Criminal Possession of a Weapon in the Fourth Degree filed by the New York County District Attorney’s Office. Mr. Martinez was charged in relation to an incident that occurred on October 25, 2017 at approximately 5:40 pm. at 573 West 182nd Street in Manhattan. Mr. Martinez was feeding a parking meter for his boss' parked car outside of his place of employment where he works as a manager of New York Department Store at 751 West 182nd Street in northern Manhattan when a detective approached him and noticed that he had a gravity knife affixed to his belt. In 2010 Mr. Martinez reportedly entered legally with a tourist visa from Mexico, but overstayed his visa term which resulted in Martinez falling out of status. He remained in New York, found gainful employment, met his common law wife Inocencia Tejada and mother of her son age 9, who is a special needs child. Mr. Martinez had been reporting his taxes and caring for the needs of his family. Mr. Martinez had no prior contacts with the criminal justice system until the arrest of April 3rd and issuance of a Desk Appearance Ticket. Following the visit by ICE to Mr. Martinez's home and concerned that Mr. Martinez was wanted by ICE, he retained private counsel, The Portela Law Firm, PC, a Manhattan based Criminal and Immigration law firm located in Northern Manhattan. On April 3, 2018 Mr. Martinez appeared in court with his attorney Manuel Portela at 100 Centre Street, Court Part A. On that date, the New York District Attorney's Office made a plea offer to reduce the criminal charge from a Misdemeanor to a Disorderly Conduct violation, which is a noncriminal disposition of the case and a sentence of one day of community service. The case was adjourned to May 8, 2018 to consider the reduced violation disposition. Mr. Martinez exited with his attorney to the ground level of 100 Centre Street where they separated and agreed to meet again at the attorney's office later that month to discuss the case. Mr. Martinez exited from the front entrance of 100 Centre Street. Several hours later Mr. Martinez's wife Tejada called the attorney's office to report that he had been arrested in front of the courthouse and was detained by ICE on Varick Street. On April 11, 2018 The New York District Attorney and Mr. Portela agreed to advance the case from May 8th at 100 Centre Street in Court Part A to Dismiss the pending misdemeanor charge against Mr. Martnez. Today, on April 13th the case was advanced and the charge was dismissed in the interest of justice. Mr. Martinez, however, remains detained by ICE despite the dismissed criminal charge against Alejandro Martinez. The Portela Law Firm, PC immigration department is seeking a Bond for his release. ICE agents are making arrests before the criminal cases are resolved for undocumented immigrants resulting in warrants for their arrest for failing to appear on the scheduled date in court.

Criminal defense

IMMIGRATION: ICE REMOVAL ENFORCEMENT, BUSTS AT THE STEPS OF THE COURTHOUSE

Apr 13, 2018

OUTCOME: DISMISSAL

IMMIGRATION BREAKING NEWS IMMIGRATION: ICE REMOVAL ENFORCEMENT, BUSTS AT THE STEPS OF THE COURTHOUSE Alejandro Martinez, an undocumented immigrant age 45, was arrested at the steps of the Crimina ... l Courthouse at 100 Centre Street in Manhattan by ICE agents as he exited the courthouse in the early morning after appearing in court for his case. On April 3, 2018 Alejandro Martinez, also known as Alejandro Escobar, appeared promptly at 9:30 a.m. in court to answer to a misdemeanor charge of Criminal Possession of a Weapon in the Fourth Degree filed by the New York County District Attorney’s Office. Mr. Martinez was charged in relation to an incident that occurred on October 25, 2017 at approximately 5:40 pm. at 573 West 182nd Street in Manhattan. Mr. Martinez was feeding a parking meter for his boss' parked car outside of his place of employment where he works as a manager of New York Department Store at 751 West 182nd Street in northern Manhattan when a detective approached him and noticed that he had a gravity knife affixed to his belt. In 2010 Mr. Martinez reportedly entered legally with a tourist visa from Mexico, but overstayed his visa term which resulted in Martinez falling out of status. He remained in New York, found gainful employment, met his common law wife Inocencia Tejada, and gave birth to their son age 9, who is a special needs child. Mr. Martinez had been reporting his taxes and caring for the needs of his family. Mr. Martinez had no prior contacts with the criminal justice system until the arrest of April 3rd and issuance of a Desk Appearance Ticket. Following the visit by ICE to Mr. Martinez's home and concerned that Mr. Martinez was wanted by ICE, he retained private counsel, The Portela Law Firm, PC, a Manhattan based Criminal and Immigration law firm located in Northern Manhattan. On April 3, 2018 Mr. Martinez appeared in court with his attorney Manuel Portela at 100 Centre Street, Court Part A. On that date, the New York District Attorney's Office made a plea offer to reduce the criminal charge from a Misdemeanor to a Disorderly Conduct violation, which is a noncriminal disposition of the case and a sentence of one day of community service. The case was adjourned to May 8, 2018 to consider the reduced violation disposition. Mr. Martinez exited with his attorney to the ground level of 100 Centre Street where they separated and agreed to meet again at the attorney's office later that month to discuss the case. Mr. Martinez exited from the front entrance of 100 Centre Street. Several hours later Mr. Martinez's wife Tejada called the attorney's office to report that he had been arrested in front of the courthouse and was detained by ICE on Varick Street. On April 11, 2018 The New York District Attorney and Mr. Portela agreed to advance the case from May 8th at 100 Centre Street in Court Part A to Dismiss the pending misdemeanor charge against Mr. Martnez. On April 13, 2018 the case was advanced and the charge was dismissed in the interest of justice. Mr. Martinez, however, remains detained by ICE despite the dismissed criminal charge against Alejandro Martinez. The Portela Law Firm, PC immigration department is seeking a Bond for his release. ICE agents are making arrests before the criminal cases are resolved for undocumented immigrants resulting in warrants for their arrest for failing to appear on the scheduled date in court.

Criminal defense

THE PORTELA LAW FIRM, P.C. DISMISSES CLIENT’S CLASS A-1 FELONY CHARGE

Feb 05, 2014

OUTCOME: DISMISSAL OF A-1 FELONY

On November 1, 2013 R.R. was stopped, detained and searched by plain clothes NYPD narcotic investigators while exiting the lobby of his residential building on the Grand Concourse in the Bronx. He was ... exiting the building alone when two officers stopped him and demanded to see what was in a paper bag that he was carrying. They snatched the paper bag from RR’s hands and looked inside. The officers found a large sum of United States currency inside. The officers handcuffed RR and told him that they were conducting an investigative sweep for weapons in the building. The officers searched RR’s pockets and removed his apartment keys and identification. RR was then taken to an unmarked police vehicle and held there while the officers returned to the building where he lived. The officers questioned management and residents of the building using RR’s identification. The officers eventually found the apartment after knocking on various apartment doors and entered using RR’s keys. No one was inside of the apartment. The officers continued to search the apartment, but unbeknownst to them RR had a security camera inside of his apartment recording their every move. After the search yielded no criminal activity, the investigative officers returned to RR in the unmarked police vehicle and directed him back to the apartment and demanded to know where he kept the large sum of US currency. RR directed them to a locked container that is used to transport personal items internationally from the United States to the Dominican Republic. Under protest by RR opened the container where additional US currency was stored. The officers confiscated the money from inside of the container and took RR to the precinct where they interrogated him about the money without the assistance of a private attorney. RR thought that he was arrested for keeping a large sum of US currency inside of his apartment, which he thought was not a crime. The officers did not return the US currency to RR. Instead the investigators turned over the currency at the precinct for seizure by the government, which was later determined to total approximately $78,000.00 RR was shocked to learn at his criminal court arraignment that he was accused of possessing narcotics instead of a large sum of money. The complaint alleged that on November 1, 2013 at 11:00 a.m. inside of 2120 Ryer Avenue in Manhattan Investigator Miguel Placenda of the Special Narcotics Prosecutor observed a brick of heroine inside of the location. Placenda also alleged that RR stated that the heroin belonged to him. The address in the complaint 2120 Ryer Avenue in Manhattan is approximately 2 miles from the client’s home address at the Grand Concourse in the Bronx. The criminal complaint alleged that RR was at a different address and in possession of narcotics at the time of his arrest. R.R. had no witness no refute that he was not at 2120 Ryer Avenue in Manhattan. The Portela Law Firm’s defense strategy was to prove to the New York County District Attorney’s Office that the NYPD investigation was flawed and unreliable with respect to this arrest before it presented the case to the Grand Jury. The findings from the defense’s investigation yielded the evidence to win the case, which were the recordings from RR’s apartment. Investigator Luis Zayas successfully copied and preserved the recordings from RR’s to turn over to the New York County District Attorney’s Office. On January 9, 2014, the Portela Law Firm arranged a meeting with the assigned Assistant District Attorney Mathew McKenzie. At this meeting the firm insisted for a DISMISSAL of the case arguing that the sworn statements by the narcotics investigators were incredulous based on the video evidence that the firm secured during its investigation. On February 5, 2014 the case was dismissed at 100 Centre Street in Part N. The District Attorney’s Office stated on the record that it was dismissing the case because it could not prove the case beyond a reasonable doubt.

Criminal defense

OVER 20 FELONY CHARGES AGAINST TORTILLA FACTORY OWNER REDUCED TO ONE MISDEMEANOR

Sep 12, 2013

OUTCOME: OVER 20 FELONY COUNTS REDUCED TO AN UNCLASSIFIED MISDEMEANOR

PRLog (Press Release) - Sep. 12, 2013 - NEW YORK -- In January of 2011, the close knit family of Tortilleria Chinantla, Inc. lost a cherished member of its team when Juan Baten fatally fell into a gian ... t dough-mixer at the factory. Due to this unfortunate accident, an exhaustive investigation into the business practices of the multi-million dollar tortilla factory by the Attorney General, the Department of Labor, and the Occupational Safety and Health Administration ensued. On March 27, 2012, after a year-long investigation by these agencies, Erasmo Ponce was arrested and charged with twelve (12) counts of Filing a False Instrument in the 1st degree, twelve (12) counts of Falsifying Business Records in the 1st degree, and two (2) counts for Failure to Secure the Payment of Compensation for more than Five Employees in the Brooklyn Criminal Court. These were all class E felonies, with a possible period of incarceration of between 1.25 and 4 years in state prison for each count. Mr. Ponce was also charged with eleven (11) counts of Failure to Pay Wages, a class A misdemeanor. Incarceration for a class A misdemeanor can be up to one year. The complaint alleged that Mr. Ponce and Tortilleria Chinantla, Inc. did not pay worker’s compensation wages to the Worker’s Compensation Board, overtime wages to its employees, and did not accurately report the number of employees to the New York State Department of Finance and Taxation to avoid paying unemployment benefits. Mr. Ponce faced up to one hundred and fifteen (115) years in prison if convicted of each count. Mr. Ponce not only feared for his own personal freedom and liberty, but also the life of the company he worked so hard to turn into a success. Mr. Ponce knew that the company would not be able to operate without him if he had to spend the rest of his days behind bars and that if he was going to avoid significant prison time in upstate New York and keep his business functioning and operational, he needed a firm that was going to fight for him. He needed The Portela Law Firm, P.C. The Portela Law Firm, P.C. began countering the Attorney General’s criminal accusations with thorough investigative tactics of its own. Through its own investigation, the Portela Law Firm, P.C. produced documentation showing that Mr. Ponce’s failure to pay worker’s compensation, overtime wages, and accurately report the number of his employees, was not known or intentional and that it would be difficult to prove their case beyond a reasonable doubt. The Portela Law Firm, P.C. also conveyed Mr. Ponce’s outstanding character as a rags-to-riches Mexican immigrant who came to this country with nothing and worked tirelessly to build his company into a multi-million dollar company that gave back to the New York Latino community through charity, leadership, and community service. Because of its thorough investigation of the case and its persistent, aggressive negotiations with the Attorney General’s Office, The Portela Law Firm, P.C. persuaded the State of New York to dismiss ALL Felony charges against Erasmo Ponce in exchange for a guilty plea to only one count of the class A misdemeanor charge of failing to pay wages. In exchange for this guilty plea, Mr. Ponce agreed to a sentence of twelve (12) weekends (or 24 days over a span of 3 months) in jail. Before retaining the Portela Law Firm, P.C., Erasmo Ponce was at risk of losing it all: the company he worked so hard to make into a multi-million dollar business and his own personal liberty and freedom. Today, Mr. Ponce’s business is thriving and he has continued to move forward as a father, husband, businessman, community leader, and strong advocate for the Latino community.

Criminal defense

CRIMINAL CHARGE DISMISSED, UNJUST NYPD SEIZURE OF 2009 NISSAN RELEASED, AND EXCESSIVE USE OF FORCE CLAIM UNDER INVESTIGATION

Oct 15, 2012

OUTCOME: Criminal Charge Dismissed and 2009 Maxima Nissan Vechicle Released

On September 1, 2012 at approximately 1:00 a.m. in Northern Manhattan PO Rachel Stahl served Emmanuel Echavarria a Criminal Summons charging him with violating one count under the administsrative code ... 24-233, excessive noise/car sterio. PO Stahl of the 34 Pct. then seized Echavarria's four door white 2009 Maxima Nissan and vouchered the property at the 34 precinct as arrest evidence. The officer scheduled the Notice of Summons for Arraignment more than two months after the issuance of the Summons at the Manhattan Criminal Summons Court at 346 Broadway on November 8, 2012. The property voucher included a directive from the arresrting officer that the vehicle would not be released until the Summons was adjudicated, preventing Echavarria's mother, the registered owner, access to the Nissan Maxima. Echavarria's mother continued to make lease payments while the car remained under police custody at the NYPD Springield Auto Pound in Queens. Echavarria went to the 34 precinct to file a complaint. According to Echavarria he was unjustly punched in the face by an undercover officer and head slammed against a metal divider while filing a complaint at the precinct. An ambulence responded to the 34 prct. Manuel Portela advanced the case from November 8th to October 15, 2012 and advocated for an ACD, a conditional dismissal of the excessive noise violation. The presiding judge granted a one day ACD and ordered to seal the case file the same date of the arraignment. Mr. Portela also secured a property release from the New York County District Attorney's Office of the Maxima Nissan for Echavarria's mother. The excessive use of force claim by the undercover is under investigation.

Immigration

THE PORTELA LAW FIRM REDUCES TWO CLASS E FELONY CHARGES TO A SINGLE NON-CRIMINAL VIOLATION FOR A NON-CITIZEN

Oct 01, 2012

OUTCOME: The Portela Law Firm, P.C. successfully persuades the Nassau County District Attorney’s office to reduce two counts of Filing a False Instrument in the First Degree to a single violation of disorderly conduct, which is not a crime.

PRLog (Press Release) - Sep. 9, 2013 - NEW YORK -- In early July of 2012, G.C. entered the doors of the Portela Law Firm, P.C. in a panic. He had recently been arrested on two counts for filing a false ... instrument in the first degree; a Class E Felony. As a permanent resident, G.C. was extremely concerned that a conviction on these charges would result in a cancellation of his green card and a removal order to take him back to the Dominican Republic. His concerns were justified, but the Portela Law Firm, P.C. was there to help. G.C. lived and worked using the false name of T.B. until 2006, when he married his partner of nine years, who was a US. Citizen. At this point in time, G.C. had four children who were all United States Citizens as well. On these grounds, G.C. re-opened his immigration case and successfully obtained permanent residency status in April of 2007. At this time, G.C. went back to using his original name. When G.C. went to the Department of Motor Vehicles (“DMV”) to apply for a new driver’s license, the driver’s license application form asked: “Have you ever applied for a Driver’s License using another name?” G.C. answered, “No.” In mid-June of 2012, G.C. was arrested by the New York State Police for two counts of Penal Law § 175.35, Filing a False Instrument in the 1st degree: One count for each time G.C. said on his driver’s license application that he had not used a different name in the past when applying for a driver’s license. G.C. was shocked, scared, concerned, and clueless. One minute he was a lawful permanent resident on his way to becoming a citizen, the next minute he was being charged with serious felony crime and in jeopardy of losing his legal status, his family, his job, and his whole life in the United States. Under the immigration laws, if a permanent resident is convicted of a Crime Involving Moral Turpitude (“CIMT”) within five years of obtaining their permanent residency, they can be deported. Unfortunately for G.C., Filing a False Instrument in the 1st degree is a CIMT and he was charged with this crime within five years of acquiring his green card, thus making him deportable if convicted. On July 31, 2013, The Portela Law Firm, P.C. arranged a meeting prior to the pre-trial conference with the assigned Assistant District Attorney on the case, Jessica Cepriano. At this meeting, the firm pushed for a non-criminal disposition to the case, arguing that G.C. did not intentionally lie on the application, that he had disclosed his fraudulent name to INS when he applied for his green card in 2007, and that he had spent thirty years in this country working and providing emotionally and financially for his family. The firm went into particular detail about the educational successes of his children, the strength of his marriage, how he paid taxes to the government for thirty years and the fact that G.C. was truthful with INS about his prior false identity; that when he applied for his driver’s license in 2007 using his original name, he thought everything had been cleared and that he was starting fresh. When he renewed his driver’s license in 2012, he had moved past that dark chapter in his life almost five years and had used his original name when applying for his license in 2007 without any consequences. ADA Cepriano responded that she would have to talk to her supervisor and her investigators before making an offer of Disorderly Conduct. On September 28, 2012, ADA Cepriano contacted the firm and communicated that based on the content and substance of our meeting on July 31, 2012, and the emails she received from the firm since that time, she decided to reduce the two Class E Felony counts to a single Disorderly Conduct charge, a mere violation. On October 1, 2012, G.C. pled guilty to the violation (not a crime) of Disorderly Conduct.

Criminal defense

El bufete de abogados Portela, P.C. reduce dos delitos clase E a una sola violación para un no ciudadano

Oct 01, 2012

OUTCOME: reduce dos delitos clase E a una sola violación

G.C. entro en los Estados Unidos a principios de los años 80 con una visa de turista. Años después que su visa expiro, el se caso con una ciudadana de los Estados Unidos y aplico para la tarjeta verde. ... Su aplicación fue negada y el Servicio de Inmigración y Naturalización (INS) ordeno su deportación a mediados de los años 80. G.C. evito la vigilancia del INS cuando obtuvo un certificado de nacimiento y un pasaporte fraudulento bajo otro nombre (T.B.) y uso estos documentos para adquirir una licencia de conducir del estado de Nueva York a mediados de los años 90 bajo el falso nombre, T.B. G.C. vivió y trabajo usando el falso nombre de T.B. hasta el 2006, cuando el se caso con su pareja de nueve años, quien era ciudadana de los Estados Unidos. En ese momento, G.C. tenía cuatro niños que eran todos ciudadanos de los Estados Unidos también. Por este motivo, G.C. reabrió su caso con inmigración y exitosamente obtuvo su residencia permanente en Abril del 2007. Para entonces, G.C. empezó a usar su nombre original. Cuando G.C. fue al Departamento de Vehículos de Motor (DMV) a aplicar para su nueva licencia de conducir, la aplicación de la licencia preguntaba: Alguna vez ha aplicado para la licencia de conducir usando otro nombre? G.C. contesto, “No.” A mediados de Junio del 2012, G.C. fue arrestado por la policía del estado de Nueva York por dos delitos de la Ley Penal 175.35 por presentar documentos falsos en primer grado. Bajo las leyes de inmigración, si un residente permanente es condenado por un Crimen que envuelve una depravación moral (CIMT) dentro de los cincos anos de obtener su residencia permanente, puede ser deportado. Desafortunadamente, para G.C. presentar documentos falsos en primer grado es un CIMT y el estaba acusado por este crimen dentro de los cinco años de adquirir su tarjeta verde, por lo tanto lo podían deportar si era condenado. En Julio 31, del 2013, el bufete de abogados Portela, P.C. ordeno una reunión antes de la conferencia previa al juicio con la asistente asignada del Fiscal de Distrito en el caso, Jessica Cepriano. En esta reunión, el bufete incito para una disposición no criminal del caso, argumentando que G.C. no mintió intencionalmente en la aplicación, el había revelado su nombre fraudulento a INS cuando aplico para su tarjeta verde en el 2007, y que el había estado treinta anos en este país trabajando y proveyendo emocionalmente y financieramente a su familia. El bufete se dirigió a un detalle en particular a cerca del éxito educacional de sus hijos, la solidez de su matrimonio, como pago impuestos a el gobierno por treinta anos y el factor de que G.C. fue honesto con el INS acerca de su anterior identidad falsa; cuando el aplico para su licencia de conducir en el 2007 usando su nombre original, el pensó que todo se había aclarado y que el estaba empezando en cero. Cuando el renovó su licencia de conducir en el 2012, el había dejado en el pasado, ese obscuro capitulo en su vida por casi cinco anos y uso su nombre original cuando aplico para la licencia en el 2007 sin ninguna consecuencia. La reunión del bufete con la Asistente del Fiscal de Distrito ADA Cepriano duro cuarenta y cinco minutos y en la conclusión de esta reunión, el bufete de abogados Portela, P.C. influyo por una reducción del delito clase E a un cargo de la Ley Penal 240.20 la cual es Alteración del Orden Publico. Alteración del Orden Publico es una violación y no un crimen y no acarrea consecuencias negativas en inmigración. En Septiembre 28 del 2012, ADA Cepriano contacto el bufete y comunico que basado en el contenido y sustancia de nuestra reunión en Julio 31, del 2012 ella decidía reducir los dos cargos por los delitos clase E a un solo cargo por Alteración del Orden Publico, una simple violación. Cuando G.C. recibió esta información, el estaba emocionado y aliviado al mismo tiempo. En Octubre 1, del 2012, G.C. se declaro culpable de la violación (no crimen) por Alteración del Orden Public.

Litigation

Public Nuisance, Closure of Retail Grocery charged with Illegal Gambling - Now Reopened

Jun 25, 2012

OUTCOME: Settlement, Enjoining Future Illegal On-Premises Gambling Activity and Fine $1,000

On January 11, 2012 at approximately 12:30 p.m. the NYPD conducted an undercover investigation of a Queens grocery store in relation to permitting on- premises illegal gambiling. An undercover officer ... alleged in the criminal complaint that he entered into the store, filled out a race horse betting slip and exchanged a sum of U.S. currency for a receipt. The NYPD later arrested the owner and operators of the store. The Portela Law Firm represented the owner and operators of the business and resolved the case with a non criminal, violation conviction. The owners and operators agreed to forfeit the gambing proceeds that the NYPD recovered at the time of the arrest and pay a fine. On June 22, 2012 The NYPD Civil Legal Enforcment Unit secured a preliminary injuction and immediate closure of the business. The civil action sought a preliminary and permanent injuction to close the business for one year, alleging that the business was a public nuisance by permitting illegal gambling. On June 25, 2012, The Portela Law Firm, filed a notice of appearance at the Queens Supreme Civil Court and negotiated an early settlement agreement permiting the reopening of the grocery store after three days of closure. As a condition to reopening the business the Portela Law Firm negotiated on behalf of the store owner to allow the NYPD to make reasonable unannounced inspections of the store for the limited purposed of ensuring no illgegal on- premises gambling. The parties also agreed to a closure of the business if a new violation was determined after the execution of the settlement agreement. The store owner sustained three days of lost revenue totalling approximately $6,000 and agreed to pay a fine of $1,000.00. The store remains open for busines.

Immigration

THE PORTELA LAW FIRM SECURES DISMISSAL FOR TWO YOUNG QUEENS RESIDENTS

Jan 11, 2012

OUTCOME: DISMISSAL OF CRIMINAL CHARGES

PRLog (Press Release) - Dec. 5, 2012 - According to sources at the scene, on November 1, 2012 at approximately 3:55 a.m. a fight broke out at the corner of 81st Street and Northern Blvd in Queens Count ... y involving approximately fifteen young adults. As the police arrived to the scene of the incident, participants in the fight fled in different directions. The police gave chase. The police apprehended several people, including two young men: B.M. and J.A. The families of both teens retained the Portela Law Firm, P.C. for the arraignment and defense of the case. Both clients were released after Arraignment without bail. Facts: On November 1, 2012 at approximately 3:55 a.m. both B.M. and J.A. were apprehended inside a restaurant in the vicinity of 81st Street and Northern Blvd. in Queens, New York. The restaurant is located across the street from where the street fight transpired. J.A. was horse-collared by an apprehending officer as he was entering the restaurant. After apprehending J.A., the police entered and searched the restaurant and arrested B.M. while he was working as a server inside of the restaurant. B.M. and J.A. were accused of acting together and repeatedly punching complainant M.F. about the body and face and menacing him with a knife. They were arrested and charged with Felony Assault, Menacing, Obstruction of Governmental Administration, and Harassment. Immigration Consequences: Defense: B.M and J.A. retained The Portela Law Firm, P.C.. to present a defense for the two teens. According to the principal of the Portela Law Firm, Manuel Portela, this was a case of misidentification. “The fight occurred across the street approximately two storefronts away from where my clients were apprehended and arrested, and both men maintained that they did not assault anyone.” Both clients faced potential removal consequences if convicted of a felony assault and sentenced to one year or more of prison. The Portela Law Firm, P.C. used exhaustive investigative techniques. The firm met with owners from businesses in the vicinity and viewed security videos where the fight took place. The Portela Law firm also secured the security video from the restaurant where B.M. and A.S. were apprehended and arrested. The video showed B.M. working in uniform at the restaurant and A.S. patronizing the restaurant with his mother and family. The Portela Law Firm set up a meeting on November 27, 2012 with the Queens County Assigned Prosecutor ADA Regan to review the surveillance and to make an argument for dismissing the charges against both B.M. and J.A.. The firm relentlessly argued that the complainant M.F. misidentified B.M. and J.A. as the culprits. After presenting the video and confirming the identities of both clients in the video as being B.M. and J.A., the Queens District Attorney’s Office agreed to dismiss the charges against B.M. and for J.A. consented to an Adjournment in Contemplation of Dismissal, ACD. An ACD means that as long as J.A. does not get arrested within the next six months, the Felony Assault charges against him will be dismissed and sealed. Neither teen will have a criminal record as a result of this arrest. If you are charged with a crime, call The Portela Law Firm, P.C. to fight aggressively to protect your rights. 212-927-7363 Learn more by visiting their website at: http://www.newyorkimmigrantdefenselawyer.com.

Criminal defense

The Portela Law Firm, P.C Reduces Two Class E Felony Charges to a Single Violation for a Non-Citizen

Jan 10, 2012

IMMEDIATE RELEASE PRLog (Press Release) - Sep. 9, 2013 - NEW YORK -- In early July of 2012, G.C. entered the doors of the Portela Law Firm, P.C. in a panic. He had recently been arrested on two c ... ounts for filing a false instrument in the first degree; a Class E Felony. As a permanent resident, G.C. was extremely concerned that a conviction on these charges would result in a cancellation of his green card and a removal order to take him back to the Dominican Republic. His concerns were justified, but the Portela Law Firm, P.C. was there to help. In mid-June of 2012, G.C. was arrested by the New York State Police for two counts of Penal Law § 175.35, Filing a False Instrument in the 1st degree: One count for each time G.C. said on his driver’s license application that he had not used a different name in the past when applying for a driver’s license. G.C. was shocked, scared, concerned, and clueless. One minute he was a lawful permanent resident on his way to becoming a citizen, the next minute he was being charged with serious felony crime and in jeopardy of losing his legal status, his family, his job, and his whole life in the United States. Under the immigration laws, if a permanent resident is convicted of a Crime Involving Moral Turpitude (“CIMT”) within five years of obtaining their permanent residency, they can be deported. Unfortunately for G.C., Filing a False Instrument in the 1st degree is a CIMT and he was charged with this crime within five years of acquiring his green card, thus making him deportable if convicted. He retained the Portela Law Firm, P.C. to defend against these criminal charges and to do whatever it takes to preserve G.C.’s legal status as a permanent resident and keep him in this country. On July 31, 2013, The Portela Law Firm, P.C. arranged a meeting prior to the pre-trial conference with the assigned Assistant District Attorney on the case, Jessica Cepriano. At this meeting, the firm pushed for a non-criminal disposition to the case, arguing that G.C. did not intentionally lie on the application, that he had disclosed his fraudulent name to INS when he applied for his green card in 2007, and that he had spent thirty years in this country working and providing emotionally and financially for his family. The firm went into particular detail about the educational successes of his children, the strength of his marriage, how he paid taxes to the government for thirty years and the fact that G.C. was truthful with INS about his prior false identity; that when he applied for his driver’s license in 2007 using his original name, he thought everything had been cleared and that he was starting fresh. When he renewed his driver’s license in 2012, he had moved past that dark chapter in his life almost five years and had used his original name when applying for his license in 2007 without any consequences. ADA Cepriano responded that she would have to talk to her supervisor and her investigators before making an offer of Disorderly Conduct. On September 28, 2012, ADA Cepriano contacted the firm and communicated that based on the content and substance of our meeting on July 31, 2012, and the emails she received from the firm since that time, she decided to reduce the two Class E Felony counts to a single Disorderly Conduct charge, a mere violation. When G.C. received this information, he was thrilled and relieved at the same time. The Portela Law Firm, P.C. successfully negotiated a deal with the toughest District Attorney’s Office in New York that left G.C.’s criminal record clean with no immigration consequences whatsoever. On October 1, 2012, G.C. pled guilty to the violation (not a crime) of Disorderly Conduct and the Judge stated on the record, before a packed court house, “Your attorney did a great job for you.” G.C. has applied for his citizenship and continues to live happily with his wife and children.

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