Category Archives: Criminal Defense
New York Immigrant Activist Deported for Speech Now Suing Immigration & Customs Enforcement
One New Yorker—Jean Montrevil—who was deported for speaking out in favor of immigrant rights is fighting back: Alleging that he was deported for exercising his First Amendment free speech rights, he filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) in January. The lawsuit builds on a previous ruling out of the 2nd… Read More »
Most Female Criminal Defendants Are Abuse Victims
According to studies, approximately 86 percent of women in jail experienced sexual violence, 77 percent partner violence, and 60 percent caregiver violence. That means that a majority of females who are prosecuted as criminal defendants were likely simply engaged in self-defense, but have wrongfully been turned into criminal defendants. Take, for example, the case… Read More »
U.S. Supreme Court Heard Bridgegate Case That Could Redefine Federal Fraud Crimes
In January, the U.S. Supreme Court heard arguments in the Bridgegate case which, depending on how it rules, could completely transform the definition of federal fraud and conspiracy charges. The two defendants appealing were found guilty of fraud and conspiracy in connection with their decision to close the local access lanes in order to… Read More »
New Jersey May Upend Civil Asset Forfeiture for Those Suspected of Committed a Crime
The New Jersey legislature is currently considering a bill that would make it more difficult for police and prosecutors to engage in civil asset forfeiture, or to seize property from individuals suspected of using the property in the commission of a crime. Specifically, the legislation mandates that an individual would have to be convicted… Read More »
New Sexual Abuse Charges Arise as New Jersey Child Victims Act Goes into Effect
The New Jersey Child Victims Act recently went effect. The law not only opens a two-year period for individuals in New Jersey to file child abuse/sexual assault claims against institutions and individuals; even if those claims were already dismissed because they were late; but also expands the statute of limitations for victims to bring… Read More »
U.S. Supreme Court Refuses to Hear City Appeal, Effectively Upholding Lower Court’s Decision That Cities Cannot Prosecute the Homeless for Sleeping On the Streets
In December, the U.S. Supreme Court refused to hear one city’s defense of its policy to prosecute the homeless for sleeping in public, and in doing so, upheld a lower court’s ruling that it violates the constitutional rights of those who sleep in public because there is not enough room in the shelters. As… Read More »
New Jersey Voters Will Decide Whether to Decriminalize Recreational Use of Marijuana in 2020
Close to one million people have been arrested on marijuana-related charges in New Jersey since 1990, reflecting one of the highest marijuana-related arrested rates in the country. The state also has one of the most burdensome expungement processes as well. However, in December, New Jersey lawmakers officially placed a ballot question referendum to legalize… Read More »
Overturning Convictions for Due Process Violations: Why Defense Attorneys Must Remain Vigilant During Trial
One state supreme court’s decision to overturn a murder conviction highlights just how important it is for criminal defendants to make arguments concerning their due process rights. In this particular case, the court ruled to overturn a 2006 murder conviction after it found the comments made by prosecutor during closing arguments were “improper.” Specifically,… Read More »
As Criminal Justice Reforms Make Headway In New York Starting January 1, Some Push Back
On January 1, critical criminal justice reforms here in New York went into effect and already changed a number of practices that affect criminal defendants every day. Most notably, prosecutors can no longer wait until the morning of jury selection to hand over evidence to the defense but must, instead, turn everything over within… Read More »
New Jersey Could Be the Next State to Eliminate the Use of ‘Gay or Trans Panic’ Defense
Following proposed federal legislation and other states that have enacted bans, in November, New Jersey lawmakers introduced legislation banning the use of gay or trans panic defense in criminal cases. The bill proposes to prohibit the use of the defense in cases that involve murder/homicide charges; specifically, the act of reducing murder charges to… Read More »