Category Archives: Criminal
The US Supreme Court Declines to Rule On Qualified Immunity, Leaving It Up to Congress
In late June, the US Supreme Court declined to hear any of the cases on qualified immunity, which protects police officers and other government officials from being sued for violating the constitutional rights of citizens unless they engage in the exact same actions that have already been ruled by the courts to be illegal…. Read More »
Circumstances Warranting Criminal Charges to Be Dismissed or Dropped
One of the reasons why it is imperative that you work with the best criminal defense possible if you are facing criminal charges is because they can be dropped – and your case dismissed – under some circumstances, all of which is more likely if you are working with the right attorney. For example,… Read More »
Decades-Old New York Law Keeping Police Misconduct Records Inaccessible May Be Overturned, Transforming Criminal Defense
Police misconduct records have long been kept a secret here in New York, which inevitably affects criminal defense cases and the ability to get cases thrown out due to police violating defendants’ constitutional rights, as well as accessing information related to previous police misconduct that could affect a defendant’s guilty plea. However, due to… Read More »
If Supreme Court Reconsiders Qualified Immunity, This Could Completely Transform Criminal Defense
News headlines have been dominated by the tragedy involving George Floyd, who was killed after a police officer arrested him and kneeled on his neck while he was pinned to the ground for more than eight minutes. The death has been followed by violent protests around the country and frustration over the treatment of… Read More »
After Defendant Is Convicted for False Reporting for Crimes Committed Against Her, New York Appeals Court Reverses Charges Connected to Online Posts Under Free Speech Rights
In April, a New York Appeals court partially reversed a criminal conviction involving alleged false reporting of crimes on social media based on First Amendment free speech rights. The decision is an important one, as the Court goes to great lengths to point out that, in fact, it would be difficult to ever find… Read More »
New York Governor Cuomo Threatens Criminal Prosecution Over NYC Nursing Home Deaths, And Department of Justice Is Prepared to Follow Through
In early May, New York Governor Andrew Cuomo announced that nursing homes throughout the state will now face potential criminal prosecution for fraud if there is any evidence indicating that there has been incorrect reporting of how many coronavirus deaths have occurred on their properties. Gov. Cuomo also announced that there would be an… Read More »
Surge in COVID-19-Connected White Collar Criminal Prosecutions Expected Here In New York
A number of former New York prosecutors are predicting that significant white-collar criminal prosecutions stemming from what COVID-19 has done to the market—similar to what followed the financial crisis of 2008– are coming, even though stay-at-home orders and court shutdowns will inevitably introduce trial delays and interfere with criminal investigations as well. There could… Read More »
When Police Misconduct Is Protected by Qualified Immunity: Will The US Supreme Court Take Action?
Qualified immunity afforded to police officers when they injure or kill citizens suspected of committing crimes affects how everyone who is charged with a criminal offense is treated, as well as what rights they are afforded. While originally created to try and protect the government from frivolous lawsuits, it has, today, arguably turned into… Read More »
Administration Starts Charging Any and All Businesses Linked to COVID-19 Materials with Defense Production Act Violations While Political Corruption Charges Are Thrown Out by US Supreme Court
In April and May, while the Department of Justice under Attorney General William Barr has taken alleged violations in connection with the coronavirus to new levels, and started charging small retailers who sell facemasks in New York and elsewhere with serious criminal violations, the US Supreme Court has gone in a different direction, and… Read More »
U.S. Supreme Court Makes Deporting Immigrants with Criminal Convictions Easier
In late April, the US Supreme Court made two decisions that will make circumstances significantly more difficult for immigrants seeking legal status; First, denying requests from New York and other states to block the controversial public charge rule during the pandemic, which makes it more difficult for immigrants to obtain legal status if they… Read More »
