New York Civil Rights And Criminal Defense Lawyers

Criminal Defense

The next step after a loved one’s arrest

If your loved one has been arrested, you may be worried about his or her welfare and confused about what will happen next. You will likely find it difficult to obtain reliable information in the first hours after the arrest, and you may hear many unfamiliar terms about the process head. One of these terms is “arraignment.”  After an arrest, your loved one will be arraigned, which means he or she will face a judge for the first time. It is an important part of the criminal justice procedure and a time when the prosecution, the judge and your loved one’s attorney will make some important...

read more

Domestic violence charges can unhinge your world

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...

read more

Do you have to use an ignition interlock after a DWI?

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...

read more

How do police gather evidence against me?

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...

read more

There are exceptions to hearsay, but what are they?

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....

read more

What is insurance fraud and when does it become a felony?

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...

read more

Your rights when police arrest you

Your rights may never be more valuable to you than when you are under arrest. Suddenly, every word you say sparks suspicion. Police may even record your conversation with them.   Civil rights advocates agree that the best thing to do when police question you is to keep silent. In fact, for more than 50 years, the law has required police to advise you how risky it is to speak when you are under arrest. A U.S. Supreme Court ruling called Miranda v. Arizona established that police must warn you your rights are at risk during your arrest.   When should police read me my Miranda rights?  The...

read more

Is bail fair?

Going through an arrest can be a scary thing, as the thought of spending even one night in jail is frightening for many people. Sometimes after being arrested you may be released on your own recognizance. However, most defendants are required to post bail.   New York’s bail reform, which implemented some changes in 2019, underwent more changes in 2020. There is some worry that the bail reform may be unfair and land more people behind bars.  Overburdened jails are a problem  On any day in the United States, approximately two-thirds of the people in jail are waiting to have their day in court....

read more

What is an Indictment?

The word “indictment” appears very frequently in crime dramas and television shows. However, many people do not know exactly what indictment involves. In reality, the concept of an indictment is rather simple. Essentially, it is a formal accusation against an individual who may have committed a very serious federal (and sometimes state, but this is rare) crime. According to FindLaw, indictments always come after the finalization of a grand jury investigation. What is a grand jury? A grand jury is not the same thing as the jury that decides whether or not an individual is guilty of committing...

read more

Facing federal charges in New York

Facing federal charges can be intimidating, but it is a myth that they are always more serious than state or local charges. Federal charges and sentences can be much more severe than those at the state or local level, but the opposite can also be true. Both New York and New York City differ from US law in the way they classify, treat and prosecute crimes. How is the process different for federal charges? As the Offices of the United States Attorneys explain, federal law enforcement officials may arrest someone if they have a warrant or criminal complaint for an alleged federal offense. State...

read more

Archives