Commencing at the stroke of midnight on January 1, 2020, New York Bail Reform, as it is commonly referred, takes discretion and authority from both judges and prosecutors and shifts power to far more strict and specifically outlined statutory guidelines. Codified throughout New York Criminal Procedure Law 500, a judge’s…
Articles Posted in Criminal Defense
NY CPL Article 722: Raise the Age, Adolescent Offender & Extraordinary Circumstances
Raise the Age legislation, codified in part in CPL Article 722, has brought New York more in line with the majority of the nation in dealing with criminal charges and accusations against certain teenagers. The legislation was also largely a compromise between law enforcement and the proponents of these kinds…
Understanding Your Right To Counsel: Does a Demand for an Attorney to One Law Enforcement Agency Follow You to Another Agency
As a defendant already under arrest or as an accused or target confronted by law enforcement during an investigation, one of the most important rights you can ever exercise is your right to remain silent. Whether you are legally in custody or you are lawfully being interrogated by a police…
Why I am Proud to be a Defense Attorney: A Review from an Innocent and Falsely Accused Former Client
As a both a New York criminal lawyer representing the accused and serving as an advocate for complainants as well as a Title IX attorney representing alleged perpetrators and victims of Dating Violence and Gender Based Discrimination on college and university campuses, it is sometimes a heavy lift and difficult…
Waiving Your Right to Appeal a Criminal Conviction in New York
In most negotiated guilty pleas throughout New York City’s Criminal and Supreme Courts, as well as town, village and County Courts throughout Rockland, Westchester and the Hudson Valley, defendants are expected to waive their right to appeal their conviction and sentence. From one point of view, this makes sense. After…
Weinstein Won’t Exercise Right to Testify Before Manhattan Grand Jury: Is Lack of Access to Information or Other Grounds Real Reason for Refusal to Testify
UPDATE: WEINSTEIN INDICTED BY MANHATTAN GRAND JURY According to a statement released by Harvey Weinstein’s counsel and widely reported throughout the media, the former producer, and arguably the most visible catalyst of the #Metoo movement, will not testify before a Manhattan Grand Jury where he will likely be charged with…
Photo Arrays and In Court Identification: Understanding the Law in New York
A new law has recently gone into effect in New York State which fundamentally changes a basic tenant of New York Criminal Practice. New York was the only state in the United States that still did not allow evidence of a prior identification made by a witness via a photo…
New York Crimes Involving Houses of Worship and Religion: Felonies Against Churches, Mosques, Temples and Synagogues
Tension between religious groups and ignorance about others’ religious beliefs can manifest its head in very ugly and illegal ways. Sometimes it is violence against individuals who share a different religion while other times the target of these attacks are the physical houses of worship – synagogues, churches, mosques, temples…
Understanding the Felony Arrest and Prosecution Process in Westchester County from Local Justice Court to Westchester County Court
I was arrested for a felony in Westchester County. The Westchester County police charged me with Second Degree Assault. Detectives from the Yonkers Police Department arrested my sister for felony drug possession. Whether you are arrested in Yorktown Heights, Mount Pleasant, Ossining, Scarsdale, North Castle or Pelham, any felony crime…
Differentiating Aggravated Cruelty to Animals and Torturing Animals: NY AML 353-a[1][i] v. NY AML 353
Animal cruelty, whether in violation of a criminal statute or an otherwise intentional, callous and malicious act or acts, is simply horrendous. Whether one wears the hat of a District Attorney, criminal defense lawyer, judge or person who merely cares about the well-being of others living things, committing acts of…