Category Archives: Criminal Defense
The US Supreme Court Takes Up Case That Could Lead to Criminalizing All Immigrant Advice & Advocacy
The US Supreme Court has agreed to hear one case that could significantly affect the ability of attorneys to represent immigrants. The case – United States v. Sineneng-Smith – involves a relatively unknown provision in immigration law that forbids “encouraging or inducing an alien to reside in the United States” when that individual knows… Read More »
New York Criminal Defense Attorneys Move On from Criminal Justice Reforms to Marijuana Legalization & Preventing ICE from Arresting Anyone Entering or Leaving Courthouses
In December, a number of criminal defense attorneys called on the New York legislature to approve another set of reforms, including the legalization of marijuana, expunging affected criminal records, and preventing immigrant arrests at state courthouses. These same advocates were linked to successful criminal justice reforms that previously passed in New York, including eliminating… Read More »
Being Charged with A Military Crime
Being charged with a military crime is no different than any other crime in that you still maintain certain civil rights as a U.S. citizen, and that also means remaining innocent until proven guilty. And, like all other criminal charges and cases brought against criminal defendants, how well you know your rights and thus… Read More »
New Jersey Now Prosecutes Texting While Driving as Drunk Driving, Sending Woman to Jail for Up to 10 Years
In sentencing a New Jersey driver to five to 10 years in prison for causing a fatal accident while texting on the phone, prosecutors in the state have sent a warning to all New Jersey drivers tempted by their mobile phones. Specifically, jurors found a woman guilty of second-degree vehicular homicide. In 2016, she… Read More »
US Supreme Court to Review New York Previous Gun Crime Laws
New York’s weapons laws are on trial at the U.S. Supreme Court this month, which, on December 2, heard arguments over its previous rules barring anyone from being able to bring a gun to a shooting range or second home outside of the city. While the city already amended these rules and asked that… Read More »
The Inability for Law Enforcement to Distinguish Hemp from Marijuana Leads to False Arrests
Police officers around the country have routinely been mistakenly cracking down on what they believe are marijuana busts, but what actually turn out to be sources of legal hemp. Law enforcement arguably found itself unprepared for the legalization of hemp, as even traditional tools – such as drug-sniffing dogs and tests that still only… Read More »
New York Makes It Illegal for Anyone Under Age 21 to Buy E-Cigarette and Tobacco Products, And That’s Just the Start
In November, the state of New York officially made it illegal to purchase e-cigarette and tobacco products in the state for those under the age of 21. According to reports, the legislation is an attempt to decrease the number of teen smokers in the state, as almost 30 percent of all high school students… Read More »
Administration Announces New “Crackdown” On Violent Crime, But Is It Simply a Front to Arrest More Immigrants
In late October, President Donald Trump announced that Attorney General William Barr would soon reveal a new initiative to fight violent crime which will be geared towards going after drug traffickers and gangs in high crime cities and dangerous rural areas. Trump also announced that there would be a new Law Enforcement Commission created… Read More »
Trials for Criminal Defendants In New York Are About to Completely Transform Due to Criminal Justice Reforms
An important criminal justice reform law that mandates a 15- to 30-day window for prosecutors and defense attorneys to exchange materials before arraignment (as well as a number of other changes to information that defendants have access to before trial) goes into effect in January 2020, and has prosecutors (“DAs”) claiming that Gov. Cuomo… Read More »
Traffic Stop Case to Be Heard by U.S. Supreme Court Could Effectively Eliminate Fourth Amendment Protections in Circumstances Involving License Suspensions
The US Supreme Court will soon hear a case that will have significant impacts on every citizen’s Fourth Amendment rights. Specifically, the case involves the question of whether a police officer has enough reasonable suspicion to pull someone over after running the license plates when the owner of the car’s driver’s license has been… Read More »
