Criminal Defense
You have the right to remain silent: History of the Miranda warning
“You have the right to remain silent….” Most of us can recite the remainder of that statement by heart, even if we’ve never been arrested. It’s included in the script of every police drama and reality TV show dedicated to police procedure. What is not so well known is the story behind the so-called “Miranda”…
Read MoreWhat is a 440 motion?
We’ve all watched courtroom dramas with riveting trial scenes. The most memorable are those in which the defendant is found guilty of a crime he did not commit. We sympathize with his feelings of shock and dread as he contemplates a lengthy prison sentence. It’s a grim situation that occurs in real life. Even if…
Read MoreFalsely accused? Know your options
Few things can destroy a person’s life more than being falsely accused of committing a crime. When the police approach and ask you questions, explaining that someone accused you of stealing money from the cash register at work, what can you do? You know you’re innocent, so should you tell your side of the story…
Read MoreShould you accept? The advantages and disadvantages of plea bargaining
Prosecutors will often present defendants and their counsel with plea bargains in criminal cases. When you accept, you’re often entering a guilty plea to lesser charges in exchange for a lighter sentence or similar incentive. Such an offer should never be discussed if your defense attorney is not present, as an opportunity that looks attractive…
Read MoreLive-streaming crimes
These days, social media documents practically everything we do, from birthday parties to vacations and weddings. Now it appears that people are using Facebook, Periscope, and other Internet platforms to live stream their crimes. In April of 2016, 18-year-old Marina Lonina and 29-year-old Raymond Gates, both residents of Ohio, were arrested after Gates raped Lonina’s…
Read MoreGraffiti: Art that gets you arrested
In New York, graffiti is practically part of the local landscape. Everywhere you go, you see bright lettering, splashes of color, and even large murals displaying some personal, social, or political messages on the side of a building and on or around bridges and overpasses. Although graffiti makers and their supporters proclaim its artistic value,…
Read MoreIs DNA evidence always foolproof?
DNA made its first appearance in the mid-1980s, but it wasn’t until 1987 that it became an integral part of the U.S. criminal justice system. On February 5 of that year, an Orange County, Florida jury convicted serial rapist Tommy Lee Andrews after tests matched his DNA to a semen sample taken from one of…
Read MoreNow you can pay bail online
Traditionally, the only way to post bail for someone in New York City was to make the payment in person at one of the jails or courts. A fax message was then sent to the facility holding the person to indicate that their bail was posted and they were free to go. The system’s flaws…
Read MoreManhattan District Attorney will stop prosecuting marijuana smoking and possession
Manhattan District Attorney Cyrus R. Vance has confirmed that starting August 1, his office will no longer be prosecuting marijuana smoking and possession cases. The announcement was the result of six months of policy analysis and research that included discussions with legal authorities in areas where marijuana possession and use is no longer a criminal…
Read MoreFederal criminal forfeiture: What you need to know
Did you know that if you are convicted of a federal offense that you stand to lose more than your freedom? Using a process known as criminal forfeiture, the government can seize certain assets and property after and, in some instances, before your conviction. Criminal vs. civil forfeiture Criminal forfeiture is part of an overall…
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