Statutes, Laws, Case Laws & Court Decisions
False Claims Act
Also known as the “Lincoln Law,” the False Claims Act is a federal law that penalizes those who defraud government programs. In addition to providing up to treble damages in a pro-plaintiff verdict, the Act delivers upwards of up to 30% of recoveries. It has been described as the single most important resource American taxpayers…
Read MoreHow serious is a forgery charge?
Although forgery is considered under the umbrella of fraud charges, many people are under the impression that it is a minor charge and not really anything to worry about. Having this perception can be a big mistake. Any person who knowingly possesses or creates a forged document or instrument that confers either liability or value…
Read MoreHow does jury selection work?
The U.S. Constitution guarantees a defendant the right to trial by jury in both civil and criminal proceedings. In New York State, a jury pool is drawn from the following resources: Registered voter lists Names on file with the Department of Motor Vehicles Income tax filers Unemployment or family assistance recipients Volunteers Criminal felony trials…
Read MoreDistracted driving
We rely on our cell phones for several reasons: to communicate with friends and family, go shopping, get directions and even snap a selfie for posterity. It has gotten to the point where we reach for the phone automatically whenever it rings, or a text message alert comes through, even when the safety of doing…
Read MoreDifferent types of warrants in New York
Many people are confused over the difference between arrest warrants and bench warrants. Some think they are the same thing. Not quite. Both can result in the police taking you into legal custody but there the similarity ends. They are issued under different conditions, and the implications are not always the same. Arrest warrants An…
Read MoreThe Miranda warnings turn fifty
”You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”…
Read MoreTelephone fraud
Telephone fraud, also known as telemarketing fraud, covers a wide range of crimes. The common goal of such fraud is to deceive the victim into parting with money or valuable personal information, such as bank accounts and credit card numbers. Commonly reported phone scams include: Pyramid schemes: Victims are persuaded to buy into a business…
Read MoreProbation violation
The criminal justice system in New York often takes a heavy-handed approach to probation violations. Anyone convicted of a VOP, or a violation of probation, can face a heavy fine and incarceration for the duration of their original sentence. Probation vs. parole Although often confused, the two conditions are not the same. Parole is an…
Read MoreHeroin possession
On March 10, 2016, the Manhattan District Attorney’s Office and New York City Police Commissioner confirmed the indictment of 20 defendants for their individual roles in two drug trafficking organizations responsible for distributing heroin and PCP in Manhattan and the Bronx. Detectives executing the search warrants seized, among other things, 14 kilograms of heroin, 14…
Read MoreUnderage drinking
Underage drinking is an offense that can have serious repercussions on a young person’s future, especially when motor vehicles are involved. Although less than 10% of all licensed drivers in New York State are under 21, the Foundation for Advancing Alcohol Responsibility states that they still account for 14% of all drunk driving fatalities. For…
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