Author Archives: Jay Butchko
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 »
Federal Government Rushes to Execute First Death-Row Prisoners in 17 Years, Ignoring The Rule of Law
In July, the federal government resumed federal death penalty executions after nearly two decades, and executed two prisoners – Daniel Lee Lewis and Wesley Purkey – after seeking emergency orders from the US Supreme Court under very controversial circumstances, including pending appeals, opposition from the victims’ family, judge, and prosecutor involved, and/or with competency… Read More »
Federal Authorities Invade US Cities & Arrest Peaceful Protesters Without Probable Cause or Warrants
In July, the federal government began deploying Department of Homeland Security and US Customs and Border Protection personnel into US cities to arrest protesters, including Portland, Oregon, relying on the justification (Trump’s executive order) that it is necessary to protect US monuments and federal property from vandalism, and legal under the rules and regulations… Read More »
Changes to New York’s Criminal Justice Reform, Part II: Bail
After enacting sweeping reforms when it comes to monetary bail in 2019, in response to backlash from some law enforcement and prosecutorial special interest groups, the New York legislature once again enacted sweeping reforms this year, resulting in changes to the bail statute that went into effect on July 2. Below, we discuss some… Read More »
Changes to New York’s Criminal Justice Reform, Part I: Discovery
Prosecutors in the Manhattan US Attorney’s Office recently came under fire by one US District Judge due to allegations that they had violated New York state discovery laws in purposely withholding evidence favorable to the defense. The case involved criminal defendant Ali Sadr Hashemi Nejad, who was accused of conspiracy to violate US sanctions… Read More »
The Permanent & Collateral Consequences of Having a Criminal Record In New York
Almost 80 million people in the United States have criminal records, including the seven million currently estimated to be in prison or on parole. For the many who are released, it is unquestionably difficult to secure employment, housing, healthcare, and more, especially with the pandemic causing an economic crisis, resulting in lifelong consequences of… Read More »
What’s Next for Fixing Qualified Immunity & Better Protecting Criminal Defendants from Police Misconduct
Many had high hopes for the US Supreme Court potentially doing away with qualified immunity, which shields police officers from being held accountable in instances of police brutality after violating individuals’ constitutional rights, including when those violations result in death, unless there is an existing judicial decision with substantially similar facts establishing that the… Read More »
Some New York DAs Announce That Peaceful Protesters Won’t Be Prosecuted If Arrested, But Many Still Wait in Jail for Days
Many of those who were arrested here in New York while protesting George Floyd’s death were charged with disorderly conduct and unlawful assembly. However, according to reports, in June, Manhattan, New York District Attorney Cy Vance Jr. indicated that his office would not prosecute charges of disorderly conduct and unlawful assembly against those protesting… Read More »
