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Criminal Defense Archives

The legal consequences of a stalking accusation in New York

Many people believe that in order to be charged with a domestic violence or a harassment-related crime, physical contact or serious threats to safety must be involved. However, this is simply not the case. The act of stalking is a serious issue in the state of New York, and there are state laws in place in order to tackle the issue.

Manhattan judge vacates 3,042 drug-related arrest warrants

A Manhattan judge decided to throw out over 3,000 marijuana crime cases after a top prosecutor moved to vacate them last Wednesday. Manhattan District Attorney Cyrus Vance, Jr., submitted the motion to vacate 3,042 arrest warrants related to marijuana possession and marijuana smoking. Some of these warrants are so old that they were issued in 1978.

What is a search warrant?


Readers of this New York criminal defense legal blog are asked to imagine the following situation. An individual is sitting at home watching television and suddenly there is a knock at their door. When they open it, they find a number of police officers standing before them who claim that they will be searching the premises of the individual's home. They do not provide the individual with any explanation of why they are taking such action.

What is criminal battery?


Criminal charges of all forms can be damaging to the reputations and futures of the individuals who must face them. Those who are forced to confront erroneous charges are encouraged to seek out legal guidance from individuals who can give them case-specific advice. While this New York criminal defense legal blog does not provide advice on the topic of battery, readers may use the contents of this post as a place to introduce themselves to this specific criminal charge.

Explaining the plain-view doctrine in New York


Under the Fourth Amendment of the United States Constitution, U.S. citizens - including New Yorkers - cannot be subjected to unlawful searches and seizures, including arrests. Criminal defense attorneys rely on the Fourth Amendment as a legal cornerstone when analyzing a defendant's case. They must determine whether law enforcement acted properly when their client or the client's property was searched or seized.

Relationship a key component in domestic assault charge


This New York-based criminal defense legal blog has provided its readers with many informative articles on topics related to their rights under state law. It is the goal of this post to introduce readers to one important component of a damaging and often difficult to defend type of assault: domestic assault. One of the key components of this specific assault charge is the existence of a relationship between the accuser and the accused.

What is the exclusionary rule?


The Fourth Amendment to the United States Constitution is written to protect New Yorkers and other Americans from the unreasonable searches and seizures of law enforcement officials. However, when it was initially added to the Constitution the rule did not stop those officers and agents of the government from using illegally collected evidence to secure convictions of the individuals they arrested. In 1914 the United States Supreme Court provided clarity in the law regarding this deficiency.

The charge of assault and its possible defenses


New York recognizes different levels of assault and provides different legal requirements that prosecutors must prove in order to secure convictions on them. From simple assault to assault with the intent to cause serious injury, this post will discuss what must be demonstrated for a person to be convicted on their charges and what defenses they may exercise to mitigate the claims made against them.

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Lerner & Lerner, P.C.

Former prosecutors with more than 50 years of combined experience

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