New York Civil Rights And Criminal Law Blog

If you and your spouse or partner are heading for a breakup, things are probably tense between you. In fact, they may be worse than tense. When relationships deteriorate, there are often loud arguments, threats and perhaps violence. Because the situation with your partner is especially volatile, you may be facing the risk or reality of domestic abuse charges.  Whether things got out of hand or your ex is using abuse allegations as a weapon against you, these accusations are nothing to shrug off. Charges of domestic abuse can place you in a difficult predicament, and you may not realize how...

If you drink and drive, you could face severe consequences for this crime. For example, you may have to spend time in jail, pay a significant fine and perform community service. Another consequence of drinking and driving in New York is the requirement to use an ignition interlock device. According to the New York Department of Motor Vehicles, all drivers convicted of DWI have to use and maintain an IID in any vehicle they use or own for 12 months after the conviction. The law in New York After a drinking and driving conviction, you must pay for the use and maintenance of the IID in your car...

When New York police arrive at the scene of a crime where no suspect is in sight, they must begin an intense and detailed investigation to find and gather clues and evidence that will lead them to the perpetrator. If that evidence led police to your door, you have a right to be concerned about what may happen next. Additionally, you should know that the methods investigators use to collect and process the evidence against you may provide the building blocks for your criminal defense strategy.  Law enforcement must carefully follow the rules for collecting evidence, interviewing witnesses and...

If your criminal case goes to trial, your attorney and the opposing counsel will have to gather evidence to support their respective cases. The law has strict rules regarding what types of information the courts can allow as evidence. One type of information that constantly toes the line between admissible and inadmissible is hearsay. Hearsay refers to out-of-court, second-hand statements that either party tries to use as evidence in court to prove the truth of the matter. Though hearsay commonly takes the form of verbal statements, it can also manifest as body language or written documents....

New York Penal Code Section 176 deals with insurance fraud. For example, health insurance fraud is significant and a headache to the government. However, people run afoul of all kinds of laws, sometimes inadvertently, and in terms of insurance fraud, a felony is more prevalent than a misdemeanor. About insurance fraud According to New York Penal Code Section 176, someone can commit a fraudulent insurance act if he or she knowingly presents to an insurer—or presents by an insurer—a written statement pertaining to a commercial or health insurance policy that contains materially false...