Author Archives: Jay Butchko

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 »

State Supreme Court Rules That Social Media Companies Must Turn Over Private Content to Defense Team
In July, the California Supreme Court made a monumental decision that will affect the rights of criminal defendants all over the country. Specifically, the Court found that the criminal defendant and his team were entitled to not only public posts from social media companies such as Facebook and Instagram, but also private posts as… Read More »

New York City Considers Charging Felony for Police Harassment
The New York City police union known as the New York City Police Benevolent Association has demanded that the district attorney charge anyone who throws water or other substances a police officer is to be charged with a felony and consider it to be assaulting an officer. While currently, police officers can make arrests… Read More »

Administration Announces NYPD Officer Will Not Be Charged in Eric Garner’s Death
On July 16, the Department of Justice announced that they will not be bringing a deadly force case against the New York police officer who was involved in choking Eric Garner to death in 2014, sparking outrage amongst civil rights advocates. The issue has not only sparked protests over the issue of excessive force… Read More »