Category Archives: Criminal Defense
New York Follows New Jersey in Judge Deciding That Stun Gun Ban Is Unconstitutional
On March 22, a federal judge in New York ruled that the state’s ban on personal ownership of stun guns is unconstitutional; specifically, that it violated citizens’ Second Amendment right to bear arms. The lawsuit named the superintendent of the state police because that particular agency governs state weapons laws. New York has now… Read More »
U.S. Supreme Court to Hear Monumental Criminal Case Involving Significant Prosecutorial Misconduct and Racial Discrimination
In March, the U.S. Supreme Court will hear a monumental criminal case that involves a significant amount of prosecutorial misconduct, racial profiling, and the death penalty. The case concerns defendant Curtis Flowers, a man who was convicted for murder in spite of being tried six times, with two hung juries, and a conviction overturned… Read More »
We Must Do More to Implement Criminal Justice Reforms for Released Prisoners
While the passage of the First Step Act was an important step forward in terms of addressing past injustices associated with mandatory minimum sentencing—especially when it comes to drug crimes—there is still much left to be done when it comes to criminal justice reforms. Below, we discuss some of the noteworthy new reforms and… Read More »
One New Jersey Town Proposes To Criminalize Having A Barking Dog?
According to news reports, the issue of barking dogs may soon turn into a crime here in New Jersey. The ordinance—introduced in Saddle River—states that any dog that annoys neighbors or others by continuously barking for more than 20 minutes between 7am and 10pm or 15 minutes between 10pm and 7am could result in… Read More »
Database Of Federal Civil Rights Lawsuits Against NYPD Officers Released To The Public
On March 6, a new database referred to as “CAPstat” documenting all federal civil rights lawsuits that have been filed in the Eastern or Southern Districts of New York against the New York City police (NYPD) was released to the public, providing a much-needed new tool to citizens and their attorneys to gather the… Read More »
New York Has a Unique Opportunity to Enact Criminal Justice Reform
New York has a once-in-a-lifetime chance to enact a number of criminal justice reforms during the month of March; reforms that include ending the unfair system of cash bail, mandating that those charged with most misdemeanors and nonviolent felonies be released; and requiring prosecutors to share evidence with the defense early on in a… Read More »
U.S. Supreme Court Poised To Rule In Favor Of Criminal Defendants’ Sixth Amendment Rights
On February 26, the U.S. Supreme Court heard oral arguments in United States v. Haymond, which addresses our constitutional right to a jury trial under the Sixth Amendment. The case involves the ability for judges to imprison sex offenders without first providing them with the right to a jury trial; specifically, the case before… Read More »
U.S. Supreme Court Places Limits on Seizing Property Supposedly Used In the Commission of a Crime
On February 20, the U.S. Supreme Court made a landmark ruling limiting police powers to seize private property in the practice known as civil forfeiture. Civil forfeiture has historically been used by state law enforcement to seize any and all property—cash, cars, homes, etc.—that they deem could have been used in the commission of… Read More »
U.S. Supreme Court Expresses Interest in Addressing New Jersey Laws Criminalizing Certain Gun Activities
Last year, New Jersey took a number of measures to implement some of the nation’s strictest gun control laws, criminalizing a broad array of activities involving guns, such as making it illegal for residents to have a carry permit unless they first demonstrated a “justifiable need”; amongst other activities. Now, a number of gun… Read More »
As Religious Attacks Increase In New York, More and More Are Considered Hate Crimes
The act of a New York synagogue being vandalized on February 16 is officially being investigated by the NYPD Hate Crimes Division as a hate crime. According to Mayor Bill de Blasio, violence committed against Jewish groups is on the rise throughout the state, and there have been close to 50 of these crimes… Read More »
