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New Study Reveals That “Junk Science” Psychological Tests Are Being Used to Convict and Sentence Defendants

By Mark I. Cohen, Esq. |

A new study indicates that the courts are not properly screening out unreliable IQ and psychological tests and this is allowing junk science to be used as evidence to sway juries and judges, as well as influence whether a criminal defendant is convicted and what their punishment is. The study looked at hundreds of… Read More »

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The Fate of Marijuana Remains Unclear In New York, Leaving Some Still Targeted for High Arrest Rate

By Mark I. Cohen, Esq. |

While disagreements over how exactly to legalize recreational marijuana in New York play out, the drug remains illegal here, which means that arrests are still occurring and New Yorkers continue to face repercussions for drug charges. This means that marijuana convictions are still preventing people from getting jobs, affecting child custody issues, placing immigrants… Read More »

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Reporting Reveals That Immigration Enforcement Is Purchasing Cell Phone Location Data in Spite of 2018 Supreme Court Decision That This Violates the Fourth Amendment

By Mark I. Cohen, Esq. |

In February, the Hill and the Wall Street Journal reported that federal law enforcement has been purchasing cell phone location data to conduct immigration and border enforcement work. That information has reportedly been turned over to the Department of Homeland Security, which has used it to track down undocumented workers and other migrants entering… Read More »

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Government Using Foreign Intelligence Powers to Circumvent Law & Spy On Citizens for Routine Criminal Investigations

By Mark I. Cohen, Esq. |

A fraud defense case that is currently underway has revealed that the government is regularly using its surveillance powers under the Foreign Intelligence Surveillance Act (FISA) to conduct ordinary domestic criminal investigations and wiretap permanent residents in the US in order to bring charges that have nothing to do with national security or foreign… Read More »

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Police Officers Lying About Probable Cause to Justify Searches In New York

By Mark I. Cohen, Esq. |

The issue of police pulling people over because they claim to smell marijuana and, as a result, having probable cause to search a car without a warrant is a serious issue in New York and something that needs to be addressed, even as we decriminalize marijuana, as it leads to an improbably high number… Read More »

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U.S. Supreme Court Examines What Constitutes A “Serious Drug Offense” Under The Armed Career Criminal Act

By Mark I. Cohen, Esq. |

In late January, the U.S. Supreme Court heard arguments in an important criminal case involving the interpretation of what a “serious drug offense” is under the Armed Career Criminal Act.  The Act dictates that anyone who has three previous convictions for a “serious drug offense” or “violent felony” must serve a minimum of 15… Read More »

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Are New York Legislators Already Backtracking On Criminal Justice Reforms?

By Mark I. Cohen, Esq. |

We previously discussed that a number of important criminal justice reforms went into effect here in New York on January 1, one of them being a majority of individuals arrested being released without bail while their cases are pending. However, in early January, legislators announced that they would be returning to the Capitol to… Read More »

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Harvey Weinstein Trial Gets Underway In New York & Highlights Juror Bias Issue

By Mark I. Cohen, Esq. |

As the high-profile trial against Harvey Weinstein begins here in New York in January, the issue of to what extent Weinstein can truly receive a fair trial in terms of impartial jurors remains a serious issue. Specifically, the chances of being able to find a full complement of jurors that are unfamiliar with the… Read More »

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Trump Administration Unleashes New Rule That Will Likely Make All Visitor Visas More Difficult to Obtain

By Mark I. Cohen, Esq. |

According to recent reports, the Trump administration is coming out with a new rule to try and prevent pregnant women from gaining citizenship, a phenomenon some in the administration refer to as “birth tourism.” The new rule is expected to serve as a test for the administration to find out how much legal authority… Read More »

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Police & Law Enforcement Quickly Adopt Forensic Genealogy Methods to Sold Cold Cases & Charge Suspects Using DNA Evidence That Is Damaged or Contaminated

By Mark I. Cohen, Esq. |

Forensic genealogy is being used more and more to solve criminal cases, while also raising a number of questions about privacy. The field links DNA testing and family histories to solve a number of criminal cases, including cold cases. Hair, for example, is becoming a powerful source of DNA for researchers, who are reportedly… Read More »

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ABA
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NYCLA
NACDL
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NYSACDL
The New York Criminal Bar Association
Avvo Clients' Choice Award 2017
Avvo Reviews Mark L. Cohen
Lawyers Of Distinction 2018

Recognized.

"... Mr. Cohen's effort... in everything he has done before the Court, is A-Plus... [R]ecently, in another case... [before me], the result he achieved for his client... was quite impressive." Honorable Kenneth M. Karas, United States District Judge for the Southern District of New York.

Reviewed.

"So I have very sophisticated counsel here and, Mr. Cohen, [your client] is very fortunate in having you as his attorney, and I hope he appreciates that." – Quote from the Honorable Denise L. Cote, United States District Judge for the Southern District of New York, on May 9, 2014.

Respected.

"As Mark Cohen, a defense lawyer who has tried cases throughout the city and was a prosecutor in the Bronx, pointed out, there is a saying among defense lawyers in New York." – As provided in the New York Times City Room Blog.

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