Category Archives: Criminal Defense
New York’s Criminal Laws Surrounding Abortion & the History of Fixing Them
The New Yorker recently published an interesting piece on how the new abortion law in New York—the Reproductive Health Act—will change things regarding what is and is not considered to be a crime when it comes to women’s reproductive rights, and what it won’t do. While abortion was legalized in New York in 1970,… Read More »
Legislation Introduced In New Jersey That Will Affect Criminal Prosecutions
Below, we discuss various proposals and new laws in New Jersey and New York that could significantly affect the prosecution of certain crimes: Preparations for Legalizing Recreational Use of Marijuana in New Jersey According to New Jersey Attorney General Grewal, New Jersey is close to legalizing the recreational use of marijuana, perhaps as early… Read More »
Judge Rules That New York City’s Airbnb Laws Violate Fourth Amendment
New York City has, for years, viewed Airbnb rentals as a hotbed of illegal activity and tried to ban and/or heavily regulate and restrict this rental activity. A law was passed in July 2018, and designed to go into effect in February 2019, which would have required that Airbnb and similar vendors provide New… Read More »
Federal Legislation Expanding Domestic Violence Criminal Provisions Signed Into Law
In late December, legislation adjusting and expanding what is considered to be “stalking” under the federal criminal code was signed into law in an effort to better protect domestic violence victims and their pets. Specifically, the “PAWS Act” not only expands what is covered under the law and protection orders, but it also establishes… Read More »
The Use of Mug Shot Identification in New York Police Lineups, Despite Unreliability
The New York Times recently ran an article on the use of mug shot searches in New York, despite the serious risks of mistaken identification associated with the technique. The technique involves asking victims to search through hundreds of matching photos after detectives enter a description of a perpetrator into the database. New York… Read More »
State Prosecutor Accuses DOJ of Blocking Investigation into Potential Police Misconduct
The state prosecutor is suing the U.S. Department of Justice (DOJ) over what many suspect to be police misconduct and civil rights issues involving police officers (members of a fugitive task force) shooting 59 bullets into a schizophrenic college student. While the police claimed that they had a warrant to enter the victim’s residency… Read More »
New Jersey Firearms Law Could Lead NYPD Police to Be Arrested
Under a new law, New York officers could be arrested in New Jersey if they travel through the state of New Jersey, off-duty, with a high-capacity firearm magazine capable of holding more than 10 rounds. However, legislation is pending which would allow officers to travel with the firearms between the two states, even while… Read More »
New Jersey Supreme Court Orders New Trial for Man Convicted Of Murder Because Statements Illegally Obtained From Him
During the week of December 14, the New Jersey Supreme Court ordered a new trial for a man convicted of murder whose rights were violated while he was being interviewed by police. Specifically, the high court found that detectives had violated his rights by continuing to question him about unrelated crimes, even though he… Read More »
New Jersey Bans Wild/Exotic Animal Circus Acts
A measure signed into law by Governor Murphy on December 14—known as “Nosey’s law—makes it illegal in New Jersey to use certain exotic animals such as elephants and tigers in events such as carnivals, circuses, petting zoos, and similar setups. The bill was reportedly passed for the sake of public safety, as well as… Read More »
New York City’s New Fleet of Drones Has Civil Rights Advocates Concerned
In early December, the New York Police Department (NYPD) announced that it would soon be launching a fleet of 14 drones across the city to monitor people and “reach remote areas in crime scenes.” This has a number of civil rights advocates concerned because the policy governing the drones technically allows for their use… Read More »