Category Archives: Criminal
Justice Department Charges COVID-19 Small Business Loan Applicants with Fraud
In September, the Justice Department charged almost 60 people – including several here in New York – with trying to steal almost $200 million from the Paycheck Protection Program under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was put in place to help small businesses cover essential expenses such as utilities… Read More »
When Can Disciplining Your Child Result in Child Abuse Allegations In New York?
There is no question that parenting during the pandemic has been difficult for a number of families, especially for some divorced parents who disagree with each other about child custody and other issues. While reports of domestic violence have steadily increased since families have been stuck indoors due to the lockdown, unfortunately, this also… Read More »
New York Isn’t Close Enough to Fully Decriminalizing Sex Work
The New York Police Department continuing to criminalize sex work here in New York continues to be a serious criminal justice issue. One only needs to look at the recent almost $6 million settlement with the family of Layleen Polanco, who died in her cell at Rikers Island while in custody due to extreme… Read More »
Prosecutor Offers Plea Deal Naming Deceased Breonna Taylor Co-Defendant; A Legally Suspicious Act
In an incident that has been widely criticized around the country, prosecutors recently encouraged a drug suspect to name the recently-deceased Breonna Taylor as a co-defendant as part of a plea deal, highlighting just how nefarious plea deals can become and how important it is to involve a criminal defense attorney in order to… Read More »
Defendant Convicted of Murder Has Sentence Reduced Under NY Domestic Violence Survivors Law
Unfortunately, one of the biggest fallouts from the coronavirus pandemic has been an increase in domestic violence, as survivors have been forced into even more extreme, compromised situations, with shelters lacking in availability and without many having access to friends and family. While the system was already inadequate in terms of preventing and mitigating… Read More »
Overturning Faulty, Unfair Convictions–which Disproportionate Impact Blacks and Latinos–Is Near Impossible Due to Legal Roadblocks
Although fairness requires that, even for defendants who have already been convicted of a crime by a jury, if new evidence emerges, a jury be able to consider this new evidence to determine whether it raises a reasonable doubt as to their guilt, in our criminal justice system, most of those wrongfully convicted and… Read More »
Immigrants & Defendants Facing Health Crises While Lingering in Jail, Despite Constitutional Rights
The latest reports on US jails and prisons indicate that pandemic-related conditions are placing the health of those in custody in serious jeopardy, and have resulted in the deaths of several immigrants and a number of constitutional rights violations, including the right to a speedy trial. In addition, unfortunately, on August 5, the US… Read More »
Study Finds That Police Are Persistently Racially Biased in Traffic Stops, Searches, And Seizures, Providing Serious Implications for Defense
A new study published in Nature Human Behaviour demonstrates that not only do police stop Black drivers in large part due to their race, but also that they apply a lower evidentiary standard in deciding to conduct searches of Black and Latinx drivers. The study has broad implications, not only demonstrating a “persistent racial… Read More »
New York’s Bail Law Changes: Will This Result in More People Lingering in Jail?
After making important criminal justice reforms here in New York involving the removal of cash bail for many low-level crimes – resulting in what the Center for Court Innovation has reported as a 40 percent drop in people behind bars just from April 2019 to March 2020, Governor Cuomo and the state legislature quickly… Read More »
Discovery Laws Change In New York, In Spite of Evidence of Prosecutorial Misconduct
Prosecutors in the Manhattan U.S. Attorney’s Office recently came under fire by one U.S. District Judge after they were caught violating state discovery laws; specifically, failing to hand over evidence favorable to the defense in the case brought against Ali Sadr Hashemi Nejad, who was accused and convicted of fraud, money laundering, and violating… Read More »
