Lerner & Lerner, P.C.

Former prosecutors with more than 50 years combined experience

Nassau County Criminal Defense Lawyers
516-741-4100
Toll Free : 800-747-4996

Criminal Defense Archives

Girls in Slender Man sacrifice case to be tried in adult court

Most juvenile crimes in New York are unlike the case of two 13-year-old girls charged in the stabbing attack of another girl. At their hearing, the judge insisted that the character of their alleged crime demanded a response at an adult level. He reasoned that if they were convicted in the juvenile system, then they would be released at age 18.

Understanding the juvenile system

Some families in New York may benefit from finding out more about the existing dynamics that are prevalent in the U.S. juvenile system. Over the last 16 years, U.S. incarceration rates for juveniles have dropped by about 50 percent. The result is that more minors have been sentenced to probation instead. Some public advocates claim that the transition toward doling out more probation and less time in juvenile hall has caused more problems for the youth in America.

New York ciminal defense and alternative sentencing

New York judges have some degree of discretion in handing down sentences in certain types of criminal cases. Sentences for major offenses are often prescribed by state or federal law and afford the judge significantly less latitude than in more minor cases. However, in many situations, alternative sentencing is becoming more popular, giving the accused a chance to demonstrate ongoing compliance with the law to the court's satisfaction. There are many reasons an alternative sentence may be a viable option.

Defense of New York theft cases

Every year, many New York residents find themselves charged in cases involving allegations of theft. Many believe they have no recourse other than to plead guilty. There are several possible defenses available to people who have been issued these charges, even when the person charged actually took the property in question.

Defenses to murder in New York

When an individual is charged with murder in the second degree in New York, it does not mean that he or she committed the crime. An attorney may come up with several defenses against the charge at trial or in the hopes of having the charge dismissed prior to a trial. A common defense is to argue that the defendant did not commit the crime that he or she is accused of taking part in.

New York defendants may benefit from Supreme Court ruling

In late June, the U.S. Supreme Court delivered an 8-1 decision in favor of a plaintiff who had three felony convictions. The man, who had been convicted for his third violent felony after being found in possession of a firearm in the mid 1980s, sought to have his jail term reduced. After initially reviewing his case, however, the Supreme Court also decided to challenge the relevant federal law, the Armed Career Criminal Act of 1984.

The insanity plea as a defense

New York residents may wonder how the insanity defense works and how common it is. Although many people who commit violent crimes are mentally ill, mental illness is not the same as insanity from a legal standpoint, and the National Institute of Mental Health found that it is used in only one out of every 100 cases in county court. Furthermore, it is only successful about 25 percent of the time.

In New York criminal cases, a plea bargain may be the best option

Being charged with a crime in Nassau County can be a daunting experience. The accused party may be given the choice of asking for a plea bargain instead of pleading not guilty and taking the case to trial. Knowing what is involved in each option and how it will affect the outcome is important.

Potential defenses for assault or battery charges

A New York resident can be charged with assault or battery if they cause harm to another person. However, these incidents sometimes occur during an altercation that was started by the other individual. There are four main defenses for assault and battery that may be utilized: self-defense, the defense of others. consent and the defense of property.

Woman accused of cashing bad checks

On Feb. 17, a woman in New York was arrested for her alleged involvement in a fraudulent check scheme. The next day, police announced that she had been charged with misdemeanor petit larceny, felony possession of a forged instrument and that more arrests were pending. The 51-year-old woman is accused of executing a check-cashing scam in Ulster, Kingston and Saugerties. The arrest resulted from a local grocer's complaint on Nov. 17 regarding several payroll checks from various businesses that proved to be fraudulent.