Criminal Defense
Escobedo v. IL: Why is it important?
Several Supreme Court cases, including Escobedo v. Illinos, are vital to the rights of defendants, particularly as it pertains to their legal representation. Background & Supreme Court case In January of 1960, Danny Escobedo was interrogated by police regarding the fatal shooting of his brother-in-law, but was released after he refused to make a statement.…
Read MoreNYC 3 Strikes Rule – What are repeat offender laws, and why are they important?
New York State is one of 30 states that have “three strikes” laws in place, and it’s important to understand why and how these statutes can impact an individual accused of committing multiple felony crimes. “Three strikes” laws “Three strikes” laws impose a harsher than normal sentence when an individual is convicted of certain felony…
Read MoreGideon v. Wainwright: Why is it important?
If you are arrested and face criminal charges, it is your right to have an attorney represent you. But what if you cannot afford legal representation? Read on to find out more about how one Supreme Court case changed how defendants’ rights are upheld. Background and Supreme Court case In 1963, the Supreme Court heard…
Read MoreWhat is Self-incrimination and Why Does it Matter?
You might have heard the phrase “I plead the Fifth,” but what does that actually mean? It’s in reference to your Fifth Amendment rights and when spoken, usually regards an important legal safeguard known as the right against self-incrimination. Self-incrimination definition Self-incrimination means to implicate oneself in a crime or exposing oneself to criminal prosecution.…
Read MoreWhat are your Miranda Rights and why are they important?
You’ve probably heard this phrase in countless movies and TV shows: “You have the right to remain silent.” That’s the first line of your Miranda Rights — and thanks to a Supreme Court ruling, you have more than just the right to remain silent. Read more about Miranda Rights and why they are important. …
Read MoreWhat is double jeopardy, and why is it important?
If you’ve seen any legal television drama, you’ve probably heard the term “double jeopardy” thrown around. Read on to find out what it means (it’s not a game show!) and why it’s important. Double jeopardy definition Double jeopardy means that no one can be charged and face prosecution for the same offense more than once…
Read MoreWhat does it mean for a misdemeanor to be dismissed in NYC?
There are many ways for a case to be resolved and enable you to walk away with no criminal record. The case may be dismissed, dropped, or adjourned in contemplation of dismissal. While each of these outcomes has a slightly different meaning, each of them will mean you’re not going to jail and you will…
Read MoreUnderstanding New York’s Zero Tolerance Law
The BAC for adults is 0.08%. If you’re a minor in New York and you get behind the wheel of a car, you might be surprised to learn that your legal limit is much lower at 0.02%. The reason is the New York Zero Tolerance Law. Since it’s illegal for people under the age…
Read MoreCan You Get a DWI in a Parked Car in NYC?
Everyone’s talking about a slow, cautious reopening these days, even here in NYC. It’s not happening yet, but it’s not outside the realm of possibility that some New Yorkers will be congregating in bars again…even if they’ll be doing it six feet apart. So this means it’s a good time to go over some of…
Read MoreViolating Shelter-in-Place Orders Could Lead to Criminal Charges
Crime is going down in New York City and most everywhere else. Even hardened criminals don’t want to catch this virus. New York City is, of course, one of the epicenters of this pandemic. Yet this truth comes hand-in-hand with the fact that there’s a new crime to worry about: violating the PAUSE act. “PAUSE”…
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