Recent Blog Posts
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 »
Department of Justice Updates Its Corporate Compliance Evaluation Guidance Used in White Collar Crime Investigations
In June, the US Department of Justice updated its guidelines for the evaluation of corporate compliance programs, which describes the factors that prosecutors consider in determining whether to bring charges, negotiate plea agreements, and assess criminal fines in their prosecution of white collar crimes. In general, prosecutors are interested in whether corporate compliance programs… Read More »
If The US Supreme Court Modifies or Abandons Qualified Immunity, This Could Transform Police Arrests, Accountability, And Indictments
The tragic death of George Floyd, an unarmed man who was killed by a police officer during an arrest after the officer kneeled on his neck for more than eight minutes, has once again brought up this issue of qualified immunity and accountability for police officers and how it affects criminal defense. While originally… Read More »
Hundreds Of New York Protesters Arrested for Unlawful Assembly On One Night
Following the tragic death of George Floyd, who was killed by a police officer during an arrest after the officer kneeled on his neck for more than eight minutes, as thousands took to the streets around the country in protest of police brutality, many were arrested for disorderly conduct and/or unlawful assembly, including New… Read More »
Defendants Lingering in Jail & The Sixth Amendment Under Siege During COVID-19: What’s Next?
There is no question that the pandemic has completely changed how we practice criminal justice and what we consider to be ensuring that criminal defendants are provided with their constitutional rights. And while our society may be willing to make compromises when it comes to civil rights on a temporary basis in the face… Read More »
Department of Justice, FBI, And SEC Bringing Charges in Conjunction with Pandemic Loan Program
The Department of Justice has not only taken an aggressive approach to what they consider to be violations of the Defense Production Act and hoarding, selling, and price-gouging of personal protective equipment, but also loans taken out from the SBA paycheck protection program as part of the Coronavirus Aid, Relief, and Economic Security Act… Read More »
New York Mayor Bill de Blasio Announces That NYPD Will No Longer Be Aggressively Enforcing Social Distancing & Other Public Health Directives
On May 15, Mayor Bill de Blasio announced that the New York Police Department (NYPD) would no longer be arresting or ticketing people for failing to wear facemasks or social distance when they are gathered in small groups. The department has been scrutinized for increasing low-level arrests in poor neighborhoods during the pandemic and… Read More »