NYC Criminal Defense Lawyer

You probably know that evidence is used to build a criminal case and is often presented in court. But the way that evidence is collected, handled and presented creates the opportunity for tampering, which is a crime.  Definition  Evidence tampering is any action that destroys, alters, falsifies or conceals any sort of evidence.  Evidence is a broad category, but in this case refers to any object, document or any record that is useful to a criminal investigation and trial.  Elements involved  Each of the following elements must be proven by the prosecution in order to convict someone of evidence tampering:  –Intent: Prosecutors must show that the defendant willfully and purposefully interfered with evidence. Accidental destruction or simply abandoning, or throwing away, evidence is not enough to prove intent.  –Knowledge: Someone acts knowingly when they are aware their conduct may cause a certain result. Regarding tampering, the accused must believe that…

If a loved one has been taken into custody and bail is set by the judge, it is imperative that you know your options. The more you know, the quicker you will be able to get your loved one released.  What is Bail?  Bail is the money a defendant must pay to be released from jail once they are in custody. Bail essentially functions as collateral in ensuring a defendant returns to court for each court date for the remainder of his/her criminal case.  How Can Bail be Paid?  If a judge sets Cash Bail, several forms of payment can be used: cash, a cashier’s check, a money order up to $1000 (you can, however, pay with multiple money orders) and, in certain circumstances, a credit card.   If you are paying with cash, you must pay the exact amount of the bail that is set by the judge.  In…

You’ve probably heard the term “habeas corpus” thrown around in cop shows and movies, or the big legal debate in the news about the concept, but what does it really mean, and why is it so important? Definition  Habeas Corpus is Latin for “that you have the body” or “show me the body,” and functions as legal shorthand from a judge to a corrections officer that the person in custody must be produced in a court room so the court may determine if they are being illegally imprisoned.   So, a writ, or an order issued by a legal authority, of habeas corpus is used to bring a prisoner or other detainee before a judge to determine if they are being unlawfully detained.  A habeas petition proceeds as a civil action against a warden or jailer and can be used to examine extradition processes, the individual’s bail, and the jurisdiction of…

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. About a week later, a friend of Escobedo’s was questioned and revealed that Escobedo had in fact fired the fatal shots. Escobedo was arrested that evening after cops determined they had sufficient evidence linking him to the crime. When Escobedo asked for an attorney, one arrived, but police did not allow the attorney to speak with him. Escobedo repeatedly asked during interrogation to speak with his attorney but police continued to tell him that the attorney did not wish to speak with him. When the case went to trial, Escobedo’s attorney moved to suppress statements he…

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 crimes on three separate occasions. Typically a three strikes sentence means mandatory life in prison.  “Three strikes” laws vary by state and differ in the following ways: by which specific crimes were committed, severity of punishments, and whether the laws apply to felonies, misdemeanors, or both.  The Violent Crime Control and Law Enforcement Act was introduced at the federal level in 1994 and includes a “three strikes” provision. Under this federal law, if an individual commits three serious violent felonies or crimes related to drug trafficking, they will receive a mandatory life sentence without the…

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 the case of Clarence Earl Gideon, who had been convicted of breaking and entering a Florida pool hall with the intent to commit a misdemeanor – considered a felony under Florida law. Gideon ended up representing himself during trial because he could not afford an attorney. He asked the judge to appoint counsel for him, but at the time, Florida law only permitted appointment of counsel for those accused of committing capital offenses. A jury found Gideon guilty and he was sentenced to five years behind bars. He then filed a petition for writ of…

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. The Fifth Amendment of the U.S. Constitution states “No person…shall be compelled in any criminal case to be a witness against himself.” Thus, invoking your right against self-incrimination is known as “pleading the Fifth.” When you invoke this right, you are protecting yourself against making any statements that may incriminate you in a crime, and you also have the right to refuse to make any statements or answer any questions that could establish your guilt. Taking the stand Most often the right against self-incrimination applies to trials. However, you may invoke this right during other…

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.   Miranda Rights definition    If a police officer arrests you and intends to interrogate you, they must recite to you the following:   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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?   These are your Miranda Rights, which notify…

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 (with a few exceptions). The Fifth Amendment of the U.S. Constitution contains the double jeopardy clause, and many state constitutions also protect people from being prosecuted for the same crime twice. Even if a state does not afford this right to defendants, they are still afforded this protection because the first 10 amendments of the Constitution apply to all state jurisdictions. The double jeopardy clause contained in the Fifth Amendment is designed to protect the individual from “being subjected to the hazards of trial and possible conviction more than once… the State with all its…