Category Archives: Criminal
New York’s ‘Raise the Age’ Law Is Working Better in Brooklyn Than Anywhere Else
According to statistics recently compiled by the state of New York, the “Raise the Age” law that passed which moves most 16-year-olds accused of crimes out of New York’s Criminal Court and into its Family Court has been accomplished more successfully in Brooklyn than anywhere else in New York. Specifically, these minors have been… Read More »
New York City’s DNA Database for Criminal Suspects: Is It Unconstitutional?
New York City’s collection of genetic data in a DNA database has long been controversial, especially as more and more police departments – including the New York City Police Department- increasingly rely on them. Just over the last two years, the database has grown by close to 30 percent to include more than 80,000… Read More »
New York Court of Appeals Weighs Whether Criminal Conviction Should Be Vacated Due To Juror Misconduct
In New York, a criminal defendant is supposed to be granted a new trial if there is evidence of misconduct on behalf of a juror that supports an argument for the verdict to be set aside; regardless of the juror’s intentions. But how do the courts decide whether there has been a significant amount… Read More »
The Drug Enforcement Administration Just Made an Announcement That Could Be the Beginning of Marijuana No Longer Being Classified as A Schedule I Drug
In August, the Drug Enforcement Agency (DEA) made an incredibly important announcement concerning enabling additional clinical trials for marijuana. Although the announcement applies to research for medical marijuana, for reasons we discuss below, this could lead to marijuana no longer being classified as a Schedule I drug under the Controlled Substances Act. It is… Read More »
New York Starts The Process of Expunging Criminal Records for Low-Level Marijuana Crimes
While New York recently failed to legalize marijuana, state lawmakers were able to reach a compromise that decriminalized possession of a certain amount of the drug and allowed for criminal records to be sealed for those who had low level marijuana convictions. In late August, New York started the process of expunging a number… Read More »
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 »
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 »
