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Criminal Defense Archives

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.

What is plea bargaining?

If a Carle Place resident is unfortunate enough to begin 2018 facing a criminal charge then they may feel as though there is no changing the course their legal dilemma is on. They may expect that, if they are convicted, they will face the penalties assigned to their charge and experience the life-altering consequences of carrying into the future a criminal record.

Criminal defense strategies should meet individuals' needs

When a New York resident is arrested on suspicion of committing a crime, their entire world may be turned upside down. Particularly when they have no experience with the criminal justice system may they be rightfully concerned about the pending threats to their rights and liberties. Understanding the charges that have been lodged against a person can be confusing enough, not to mention the difficult process that individuals must face when their legal matters come to trial.

Actress Naya Rivera charged with domestic battery

Different jurisdictions throughout the country have different laws that govern the permissible and impermissible conduct that their residents may undertake. However, physical violence against another person is a universally criminalized action and one of the forms it may take in terms of a criminal charge is battery.

Protecting your rights during a criminal legal matter

Often when a crime allegedly occurs much of the narrative surrounds the alleged victim. The victim is the person who purportedly suffered the consequences of another person's alleged criminal actions, and in New York and other American jurisdictions the person who allegedly committed the criminal wrongdoing is the defendant. Defendants are often seen as bad individuals even before the facts of their cases are heard due to the allegations prosecutors bring against them.

What is a felony charge?

If you have been accused of a crime, you may know that there is a difference between misdemeanor and felony charges but may wonder what that difference is. Felony charges are the most serious type of charges an accused individual can face. Felonies may be divided into classes and penalties associated with a felony charge may vary according to the class of felony charged.

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 criminal 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.