Monthly Archives: August 2020
New Jersey Supreme Court Rules That Defendants Must Provide Cell Phone Passcodes to Investigators Under Some Circumstances
In August, the New Jersey Supreme Court made an important decision in a criminal case that will have far-reaching implications for criminal investigations throughout the state. Specifically, the Court ruled that criminal defendants can be compelled to reveal their cell phone passcodes to investigators who have obtained search warrants, and this does not violate… Read More »
US Supreme Court to Address Important Free Speech Case That Resulted in Arrest of Student
Our First Amendment free speech rights are a crucial part of our constitutional rights, and provide us with the ability to express our opinions without censorship or restriction. Still, each year, many are arrested for crimes such as disorderly conduct or unlawful assembly, or even more serious crimes, such as assault or battery, in… Read More »
The First Step Act Has Failed to Provide the Universal Justice It Promised
The First Step Act—signed into law on December 21, 2018—provided significant hope for much needed criminal justice reform in the US. While the law was ambitious and made a number of important changes, including to mandatory minimum sentencing for a number of drug crimes, perhaps most importantly, it retroactively applied the 2010 Fair Sentencing… Read More »
Physical & Constitutional Threats Continue While Defendants Sit In New York Jails
The conditions at local New York detention facilities are nothing short of horrific, and there is no shortage of questionable civil rights issues and physical threats involved in the approaches that the jails and courts have taken at this time. It has come to be known as the COVID-19 dilemma in the criminal justice… Read More »
Can You Be Forced to Relinquish Your Rights in Order to Get Out of Jail?
In addition to federal authorities being deployed into cities and arresting protesters without probable cause or warrants and based on vague, petty offense charges, such as “disorderly conduct” and/or “failing an obey a lawful order,” (i.e. being on a sidewalk outside the federal courthouse), new reports published by ProPublica indicate that a number of… Read More »
The Most Common Pitfalls That Result in Fraud Charges for PPP and SBA Loan Applicants
There have been a number of fraud prosecutions connected to the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), which was designed to provide relief to businesses suffering during the pandemic, including here in New York, and evidence indicates that the Department of Justice and federal prosecutors are getting ready to bring more. The… Read More »