Newspaper headlines everywhere are broadcasting the accusations of sexual misconduct currently being leveled at Hollywood producer Harvey Weinstein and many other public figures. Gwyneth Paltrow, Ashley Judd, and Angelina Jolie are among the actresses who have gone public with allegations of assault, harassment, and rape. A New York Times expose suggested that Weinstein has made eight financial settlements with women, including a $100,000 payment to Rose McGowan in 1997. The barrage of negative publicity surrounding the Hollywood titan confirms that sex crimes carry a powerful stigma. In addition to high fines and prison time, a conviction for assault, rape, or any other sex crime often requires the defendant to register as a sex offender with the Division of Criminal Justice Services. Your personal life, career, and reputation can be destroyed and even your future job opportunities can be compromised forever. With such a far-reaching and likely permanent set of consequences,…
Read More
Being accused of domestic violence can change your life forever, even if you are never convicted. It is one of those highly-publicized offenses that inspires powerful—and negative—emotions, so a mere accusation is enough to do irreparable damage to your reputation and future. What inspires false accusations? There are several reasons why your spouse or partner might falsely accuse you of abusing them. If the relationship is ending, then they may be trying to gain an advantage in a child custody battle. If they are emotionally unstable or believe that you have done something to slight them, then such an accusation can be a petty form of revenge. No matter what the accuser’s motivation might be, if you suspect that you might be targeted, taking action to protect yourself is imperative. Below are some steps you can take to minimize any damage done by a malicious accusation. Tell someone Keep your…
Read More
For many people, it’s a phenomenon that has gone unpunished for far too long. Seductive and even sexually explicit images or videos of men and women are regularly posted online, usually as an act of revenge by former sexual partners. Dubbed “revenge porn,” it has caused embarrassment, distress and depression that some victims find impossible to live with. The issue has made headlines in recent years due to the high number of celebrities who have been targeted. During the 2014 Labor Day weekend, Jennifer Lawrence, Kate Upton and other famous actresses, singers and athletes had intimate photos stolen by unknown hackers and shared on community sites like Reddit and 4chan. More recently, in March 2017 the former boyfriend of actress Mischa Barton started offering around nude photos of her. She took him to court and won her case the following June. Her ex was ordered to hand over all explicit…
Read More
A lot of confusion exists about the difference between a trial jury and a grand jury, as well as their respective roles in a New York criminal case. Let’s define each one and take a close look at how they work in the criminal justice system. Trial juries When you watch a news report or courtroom drama on television, you’re seeing the trial jury. Usually, twelve people are selected to decide whether a specific defendant is guilty or not guilty of a felony, all of them members of the community drawn from a jury pool. The trial takes place in a public courtroom in front of a judge, who has control over the proceedings. A trial jury does not usually get to ask questions of any witnesses, and has no input into the trial itself. (Some states, not NY, allow jurors to pose questions) Once all of the evidence has…
Read More
The recent Equifax data breach has been cited as one of the biggest incidents of its kind. It highlighted the alarming reality that every person and company can have their sensitive information stolen by hackers at any time and spawned dozens of class action lawsuits filed by both consumers and shareholders. Lawmakers are now reconsidering the advantages of new federal legislation for both breach notification laws and cybersecurity standards. New York cyber crimes As cyber crime continues to rise, so does the dedication of law enforcement officials to catching the parties responsible and holding them accountable. There is a long list of computer-related crimes in New York’s penal code, many of which are listed below. Computer tampering: This offense has four degrees, beginning with the basic crime of using a computer to intentionally alter or destroy someone else’s data and escalating all the way up to Computer Tampering in the…
Read More
President Donald Trump’s recent pardon of former Sheriff Joe Arpaio has drawn public attention to the pardoning process in general. What is the basis of such a decision? Is there a difference between a presidential and gubernatorial pardon? Are there some offenses that cannot be pardoned? This post will explain how the pardon system works at the state and federal levels as well as who is eligible. Overview In summary, a pardon exempts a person or group from being punished for their alleged criminal offense. The decision to grant one rests solely in the discretion of the executive with pardoning power which, depending on the crime, may be the president, governor or, in some states, the Pardon Board. Once made, it is not typically subject to judicial review and cannot be revoked unless the offender obtained it via fraud. It is important to remember that there are some limits to…
Read More
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…
Read More
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…
Read More
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…
Read More
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.…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More
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…
Read More