Category Archives: Criminal Defense
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 »
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 »
Former New York Prosecutors Predict a Number of White Collar Criminal Prosecutions During & After COVID-19, Although Delays Are Expected
According to a number of former New York prosecutors, a surge of white-collar criminal prosecutions stemming from the disruptions brought to the market by the coronavirus are expected and will likely mirror those that followed the financial crisis of 2008. Yet while a number of related investigations are already underway, the entire prosecution process–including… Read More »
In Ruling That the Sixth Amendment Requires a Unanimous Jury Verdict in State & Federal Criminal Trials, The Supreme Court Opens the Door to More Questions
The US Supreme Court recently reversed one of its previous decisions in finding that individuals have the right to a unanimous jury decision when it comes to serious criminal convictions under the Sixth Amendment in both state and federal criminal trials in Ramos v. Louisiana. Specifically, the majority opinion reasoned that the Sixth Amendment… Read More »
