Monthly Archives: August 2019
American Bar Association Votes Against Recommending That States Adopt the Affirmative Consent Standard in Sexual Assault Cases
In August, the American Bar Association rejected a resolution that would have endorsed each state’s criminal laws adopting the affirmative consent standard, which essentially dictates that each sexual encounter was not consensual unless express verbal or physical consent is obtained before every sexual act is obtained. A number of due process advocates and criminal… Read More »
Preventing & Addressing Wrongful Convictions in New York City
There is no question that one of the most important jobs criminal defense attorneys have is to prevent wrongful convictions and to protect people’s constitutional rights, which includes obtaining exonerations for those who have been wrongfully convicted. The factors that have sent hundreds of innocent people to prison – here in the United States… Read More »
Federal Immigration Policy Proposed Is Legally Problematic
The federal government recently announced a new immigration policy that purportedly makes it much harder for certain low-income immigrants to come to and remain in the United States, especially those who have used public benefits. The policy is known as the “public charge rule,” as it makes it more difficult for someone to become… Read More »
New York Moves to Classify Hate Crime Killings as “Domestic Terrorism” & Adds Additional Penalties
In August, New York Governor Andrew Cuomo proposed adding penalties on to violent hate crimes that are committed against individuals based on gender, race, or other protected class here in New York and, in doing so, labeling them crimes of “domestic terrorism.” According to Cuomo’s office, current hate crime laws in New York cover… Read More »
Does New York’s Ban of the Gay and Trans Panic Defense Violate Citizens’ Due Process Rights? That May Soon Be Decided in Court
We have previously discussed New York’s ban of what is known as the “gay and trans panic defense,” which prohibits a defendant from using a particular defense during a criminal trial in effort to mitigate their culpability in a murder case. A number of criminal defense advocates have now raised concerns about how the… Read More »
Fraud Defense in New York
The founder of an organization called “Students for Trump” was recently found guilty of wire fraud here in New York, and the story has captured news headlines of late. He allegedly claimed to be an attorney with 15 years of experience in corporate and patent law, and provided legal services to a number of… Read More »
Latest Data Released On NYPD Police Misconduct Reveals Shocking Pattern of Wrongful Arrests & Corruption
According to newly-released data, there have been close to $40 million in settlements paid to victims of police misconduct (and wrongful arrest) here in New York City thus far, reflecting an increase of more than 50 percent since this same time last year. In 2018, the city paid out a reported $230 million total… Read More »
New York Decriminalizes Marijuana
On July 29, the state of New York decriminalized recreational marijuana. As a result, those found possessing small amounts of marijuana will now be fined instead of serving jail time. According to Governor Cuomo, the measure also allows for records to be expunged for those who have previously been criminally convicted of possessing small… Read More »
