Although the law in New York requires both sides to disclose their discovery material prior to trial, civil and criminal proceedings have vastly different timelines in that regard. In a civil case, attorneys for each side can interview the other’s witnesses for depositions and in general benefit from complete and total discovery. Criminal cases are different: prosecutors are not required to turn over police reports and witness statements until the 11th hour, a situation that has been commonly referred to as the “blindfold law”. New York is one of four states (the others being Louisiana, South Carolina, and Wyoming) that allows prosecutors to withhold evidence from the defense until the day of the trial. Assemblyman Joseph Lentol has been pushing for a repeal of what many are decrying as one of the country’s most restrictive discovery processes. Supporters of Lentol’s bill, A7292, are complaining that such a system makes it…
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While the U.S. Constitution guarantees your right to freedom from unreasonable search and seizure, there continue to be instances where law enforcement officers violate that right, either through negligence or simple and willful disregard. The result is a huge—and growing—body of law that focuses on interpreting when and under what conditions a search and seizure is reasonable. Federal District Court Judge Alison J. Nathan recently sent a strong message to prosecutors and the police when she granted a motion by New York City financier Benjamin Wey to suppress all evidence seized during a 2012 search of his home and office. If her ruling is upheld, then it could make it highly difficult to prove the stock manipulation and money laundering charges that were filed against Wey in 2015. Under the Fourth Amendment, a warrant is required to “particularly” describe the premises to be searched and the items seized. This is…
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As the Fourth of July draws ever closer, more New Yorkers are eagerly making plans for traditional holiday pastimes: getting together with family and friends, hosting lively backyard barbecues and, above all, lighting fireworks. One might argue that no celebration of the Fourth is complete without the latter. When it comes to private fireworks shows, New York law imposes firm restrictions. In 2014, Governor Cuomo approved the use and sale of sparkling fireworks during specific time periods, namely from June 1 to July 5 for the Fourth celebrations and December 26 to January 2 for New Year’s Eve, but only in counties where local laws permitted them. This concession was, and still is, intended to stop people from buying fireworks in Pennsylvania and other neighboring states. By definition, “sparkling” fireworks are those that produce a shower of sparks as their primary pyrotechnic effect and do not explode, fire projectiles or…
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The Foreign Corrupt Practices Act (FCPA) is an anti-corruption law aimed at American companies that operate in international markets. When it was passed in 1977, the FCPA was the first law to make both individuals and corporations civilly and criminally liable for corruption crimes committed outside of the country. The FCPA prohibits U.S. companies and/or their representatives from bribing a foreign official, political party, or candidate for office in order to drum up business, secure an advantage, or strengthen a business relationship. The anti-bribery provisions apply to three categories of individual or entity: Issuers, such as companies that are listed on American stock exchanges or required to file reports with the Securities Exchange Commission (SEC). These entities are required to maintain complete and accurate records and ensure that transactions are executed in accordance with the law. Domestic concerns, meaning American companies, their representatives, and companies that are organized under U.S.…
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An estimated 4,000 New Yorkers suffer serious injury in vehicle-related accidents every year, and over 250 people die as a result of these collisions. These statistics, along with the fact that being hit by a car is the leading cause of fatal injuries for children under 14, has driven the formation of the Vision Zero Action Plan, whose mission is to end traffic deaths and injuries on the streets of New York. It advocates the following: Increasing the enforcement of traffic violations Increasing penalties for dangerous drivers Increasing the use of enforcement cameras Vision Zero signifies a growing intolerance toward traffic violations, especially speeding, in New York City. Therefore, getting a traffic ticket is no longer a minor annoyance. Below are some of the potential consequences you face: Large fines and surcharges Higher insurance costs Accumulation of points that could lead to a suspended driving license Tarnished driving record Civil offenses…
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When a New York law enforcement officer stops you for suspected DUI, and you’ve never been in trouble before, it’s normal to be intimidated or worried. After all, New York has some of the toughest laws in the country when it comes to driving under the influence of alcohol or drugs. It is important to remain calm, be polite while avoiding any admissions of guilt, and understand what your rights are in these situations. Roadside testing The officer who stopped you may ask your permission to perform two types of tests: Field sobriety: These tests require you to walk in a straight line, balance on one leg, and in general assess your physical coordination. Blood alcohol: In this roadside test, the police typically use a portable Breathalyzer to measure your blood alcohol content (BAC). You are not legally obligated to take a field sobriety test and should politely refuse when…
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If you have been arrested or charged with committing a criminal offense, then you need the assistance of a criminal defense attorney. Unfortunately, many people in this situation hesitate at first for reasons like the following: They don’t think they can afford professional representation They think they can get the charges dropped by telling their side of the story The reality is that legal counsel is more affordable than you might think, and well be worth it if you’re facing a serious criminal charge and your future is at stake. It’s also highly unlikely that you can talk yourself out of the charges: if you’ve been arrested, then chances are that the alleged evidence against you is of such a degree that a trial is a possibility. Why you should engage an attorney ASAP When you secure legal representation immediately after being arrested but before charges have been filed, a…
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Assaulting a police officer is one of the more serious assault charges under New York State law. This particular crime arouses both public anger and high volumes of press coverage because the police are sworn to protect New York’s citizenry and violence against them is seen as a threat to public safety. If you are even suspected of assaulting a New York police officer, then you may be treated as guilty in many people’s eyes until a judge or jury finds you innocent. Assault in the Second Degree If you commit Assault in the Third Degree on a police officer, and you did so with the intent to prevent the officer from carrying out his lawful duty, then the charge is automatically bumped up to Assault in the Second Degree. One example might be pushing a policeman away from a friend who is being arrested and causing physical injury to…
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If you are found guilty of a criminal offense, then the potential consequences can be severe. They include jail time, fines, possible forfeiture of property, and a criminal record that will cause problems for you long after authorities decide that your debt to society has been paid. With so much at stake, you need to select a criminal defense attorney with trial experience, a good record of litigation success, and expert knowledge of the laws you are accused of breaking. Narrowing down your choices Depending on where you reside, you may find yourself faced with literally hundreds of choices. To narrow it down to three or four potential attorneys, research each candidate’s background and their success rate in cases like yours. It is important to remember that years in practice and years of experience are not always equal. A lawyer who has been in full-time criminal defense practice for five…
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In some instances, laws can be very specific, leaving a judge with little room for interpretation. In other instances, a law can be surprisingly vague. Sometimes, over time, and as societies and their technologies evolve, laws may end up being interpreted differently. This is often the case with the penal law. One notable area is our computer and internet criminal code. Technology changes rapidly. For example, a host of new laws regarding computer access has been created as a result of the internet usage. After all, the internet has only been around for a few decades. Additionally, smartphones have created additional security and privacy dilemmas that our justice departments have had to tackle more recently. A new frontier in cyber law is ransomware. What is ransomware? Ransomware is a combination of extortion and unauthorized use or access of a computer or computer network. Ransomware can be a state crime and/or…
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Voter fraud is a form of illegal interference with the electoral process. It comes in a variety of forms, including: Impersonating a registered voter Intimidating someone into voting as directed Fraudulent voter registrations Bribing voters and election officials to produce the desired result Destroying ballots that have already been cast Equally varied are the New York State charges that can arise from acts of voter fraud, along with their penalties. They include: Bribery: New York State law recognizes three categories of bribery offenses. A person is guilty of Bribery in the Third Degree if they provide favors to a public servant in exchange for influencing that person’s vote, decision, judgment, and related actions. It is a Class D felony with a penalty of up to seven years in prison. If the benefit exceeds $10,000 in value, the charge is Bribery in the Second Degree, a Class C felony that can…
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The interpretation of crime statistics in New York City can depend largely on the viewpoint taken regarding tactics and politics. For this reason, a recent story from the New York Daily News has to be considered with some context in order for it to make sense. A front page story, published June 5, 2015, states, “Stop and Risk- Frisks drop while crime climbs.” The stop and frisk policy referenced here was strongly associated with the administration of former Mayor Michael Bloomberg, and it was first on the chopping block in Mayor De Blasio’s campaign messaging. Even though the data in the article properly references that shootings and murders are on the rise in the city, overall crime numbers have decreased. New data on stop and frisk activity by police officers in New York City indicates major declines across much of the Big Apple- some areas experienced decreases in the behavior…
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Scams are relatively common across the country these days, especially as the reliance on technology and the Internet has increased. In fact, the capture of personal data using electronic methods has impacted dozens of people over the course of the past year alone. Scams can range from minor to serious, with criminal charges a strong likelihood for those who are caught in the act of scamming others. Some of the most common examples of scams that exist today include phony tech support lines used to access a system and then charge for the solution, rental scams, websites that mimic big merchandisers, payday loans and fraudulent grant opportunities, or even individuals posing as the U.S. government offering assistance with an upfront payment. If you have been accused of carrying out a scam, then your first call should be to a criminal defense attorney. Without bringing an attorney on board, you can…
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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 have to recover the fortunes stolen by government contractors every year. The False Claims Act deals with fraud involving all federal programs or contracts except tax fraud. The civil actions that whistle blowers bring under the Act are known as qui tam lawsuits, and plaintiffs receive monetary rewards if their cases result in the recovery of government funds. Most qui tam actions today involve alleged Medicare and Medicaid fraud, but claims can be (and are) brought against other businesses in other industries, such as banks and other financial institutions, defense contractors, and pharmaceutical companies. Examples…
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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 could be accused and possibly found guilty of forgery charges. This specific crime is considered a misdemeanor, punishable by up to a year in jail. Therefore, it warrants the involvement of an experienced New York criminal defense attorney. A written instrument broadly means any kind of printed material, computer program or data, tokens, or currency that is used to convey pieces of information or as proof of some kind of value. This is a very broad definition of forgery, and the potentially broad application of this definition should be considered by you and your attorney…
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Most drug arrests in New York State are carried out by local law enforcement, but under certain circumstances, a drug crime can become a federal matter. These circumstances include: The accused person had a large enough quantity of drugs in their possession to be charged with trafficking A federal officer makes the arrest The offense takes place on federal property, such as a courthouse or national park The involvement of weapons The U.S. government has its own set of laws covering controlled substances, with crimes such as trafficking, distribution, and even possession being investigated and prosecuted by the Drug Enforcement Agency (DEA) and the FBI. If convicted, one typically faces harsher penalties than one would in the state court system. Drug trafficking Federal drug trafficking charges are applied whenever someone is accused of trafficking activity that either crosses state lines or occurs in more than one state. When Schedule I…
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U.S. Attorney General Loretta Lynch and New Jersey State Senator Joseph Kyrillos (R-Middletown, NJ) both want to classify police slayings as hate crimes. Sen. Kyrillos’s proposal would elevate simple assault to aggravated assault if defendants target police officers simply because of their occupation. Other laws already offer similar protections “based on race, on religion, on disability, on sexual orientation,” he noted. Currently, Louisiana is the only state with a so-called Blue Lives Matter law, but lawmakers in several other states are debating such measures. Meanwhile, Attorney General Lynch initially planned to launch a federal hate crimes probe after several officers were slain in Dallas, Texas, but those intentions were shelved after it became apparent that the only suspect in the crimes was deceased. Nevertheless, Ms. Lynch met with officials from the National Fraternal Order of Police, where they reportedly discussed permanently extending the federal hate crimes law to police officers. Hate…
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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 in New York have 12 jurors and up to six alternates, any of whom can step in if a regular juror is excused for emergency reasons. Civil procedures and trials for lesser criminal offenses (e.g. misdemeanors) usually have six jurors and one to four alternates. The jury selection process Jurors are chosen through a question and answer process called “Voir Dire.” Attorneys for both the prosecution and the defense (and sometimes the judge) ask each prospective juror some questions to determine whether he or she should serve on the case about to be tried. The…
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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 so is questionable. New York State has strict laws when it comes to using cell phones and other handheld electronic devices while driving. Evidence suggests that taking your eyes off the road for two seconds or longer will double the risk of an accident. According to New York State DMV statistics there was a 143% increase in crashes related to cell phone use between 2005 and 2011. Therefore, if you do any of the following while behind the wheel of a motor vehicle, you face significant penalties. Talking on a handheld cell phone Texting Surfing…
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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 arrest warrant is a document signed by a judge that authorizes the police to arrest you and take you into custody. It usually identifies the crime you are accused of and sometimes indicates the manner in which you can be arrested. If the grand jury hears allegations against you and returns an indictment, then the court may issue an arrest warrant. In these instances, the police will go wherever they believe you can be found to arrest you. This can result in an embarrassing situation, such as you being escorted out of your home in…
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