In most books and television shows, “self-defense” is sort of the ultimate “get out of jail free” card. It’s a useful device in stories, because it allows writers to send their heroes in with fists swinging without having to worry about pesky little things like legal consequences.   In reality, things are a little tougher.…

A recent story in Buzzfeed chronicled several alarming tales of individuals who ended up falsely accused of insurance fraud. What did they do to trigger suspicion against them?   They simply filed a claim. And for whatever reason, the insurance company decided the claim appeared fraudulent. They turned it over to local law enforcement and…

Criminal mischief crimes are crimes against property. Depending on how much damage has been done,  this crime may be treated either as a misdemeanor or as a felony. The damage must be intentional, and the type of property is not relevant, whether a building, a cell phone, a car, or something else.  The damage itself…

If you’ve ever been tempted to call a police officer names, you’re hardly alone. After all, nobody likes getting a ticket, or being accused of a crime. But can insulting a police officer get you into trouble in and of itself? The answer is a solid, “maybe.”   Insults are protected by the First Amendment.…

Criminal cases do not go straight to trial. They go through a lengthy series of steps which must be completed before the courts can move on to the trial phase. Here’s what the process looks like after you’ve been arrested and charged. Note that you can opt to take a plea, if one is offered,…

So you have been arrested for Unlawful Surveillance in New York City.  You have appeared before a judge, and, because it was your first contact with the justice system, the judge agreed to release you on your own recognizance.  You think to yourself: How serious can this be? After all, you have never been in…

The best criminal case is often the one that never goes to trial. One of the first things your defense attorney should look at is whether there is a chance the case may be dismissed. It’s not possible in all cases. But it can happen. Here are the different grounds an attorney can use to…

If you watch police shows like Law and Order, CSI, The Closer, Major Crimes, and other, similar dramas you might have gotten some skewed ideas about our criminal justice system. Shows like this perpetuate common tropes which don’t always bear much relationship to reality. And you can actively harm your own case if you believe…