Category Archives: Criminal Defense
New York & Federal Government Threaten Criminal Charges in Conjunction with COVID-19 That Are Legally Questionable
In continuance of a number of new criminal charges and prosecutions that have arisen during the COVID-19 pandemic, in May, New York Governor Andrew Cuomo warned that nursing homes in New York would be criminally prosecuted for fraud under the False Claims Act if they fail to report death numbers due to the virus…. Read More »
The First Amendment Could Soon Be On Trial Before the U.S. Supreme Court
The US Supreme Court is currently considering a petition to review a case that is of vital importance to preserving our First Amendment rights: The case – McKesson v. Doe – involves a protest organizer who is being sued by a police officer who was allegedly assaulted at the protest; not by the organizer,… Read More »
New York Police Department Increases Low-Level Arrests in Poor Neighborhoods During Virus Concerns
As New York City grapples with the coronavirus in the same way that cities across the country are, some are questioning the logic and safety of the New York Police Department’s actions; specifically, the decision by some officers to continue to execute low-level arrests and physically escalate confrontations with civilians that, even during ‘normal’… Read More »
Coronavirus-Related Charges in New Jersey Get More Serious, Revealing That Police May Be Abusing Discretion
Police in New Jersey are still arresting people for holding gatherings that violate the state’s order on social distancing during the pandemic. However, they are also now charging them with far more serious crimes: For example, in mid-April, after a party was held with children in the backyard of a New Jersey residence, six… Read More »
Appeals Court Opens the Door for Administration to Implement New Federal Death Penalty Protocol
On April 7, a federal appeals court ruled in favor of the Trump administration’s plan to resume federal death sentences using a new injection protocol. While this particular case was returned to the lower court to resolve several remaining legal questions, the decision has allowed for all federal executions to resume and sent a… Read More »
Federal & State Prisons Releasing Inmates to Mitigate Virus Transmission
In Late March, US Attorney General William Barr directed the Bureau of Prisons to release some federal inmates to home confinement–especially those that are older and have underlying conditions–in order to mitigate and control the coronavirus outbreak in the prison system. According to reports, there are approximately 150,000 inmates in 120 facilities across the… Read More »
New Jersey Police Arresting Many for Violating at Home Order, But Is It All Legal?
Following New Jersey Governor Murphy’s stay at home order (which followed an initial executive order banning gatherings of more than 50 people) dictating that all social gatherings are banned in the state and all residents are to stay at home until further notice, police have been arresting individuals who have violated the order, including… Read More »
U.S. Supreme Court Rules That Police Can Stop Vehicles Simply If Car Owner’s License Is Revoked
On April 6, the U.S. Supreme Court ruled that police officers can stop and pull over vehicles based on a vehicle being registered to someone whose driver’s license has been suspended; based on the assumption that the individual driving the car is the same as the owner with a suspended driver’s license; and this… Read More »
New Jersey Affirms Prosecutors’ Rights to Subpoena Certain Phone Calls Made by Inmates
On April 1, the New Jersey Supreme Court affirmed the right of prosecutors to subpoena telephone conversations made by defendants held in New Jersey county facilities that have a policy of recording these calls as long as they do not include communications between inmates and their legal counsel or Internal Affairs. In the facilities… Read More »
Prosecuting Coronavirus Exposure
As fears over the coronavirus outbreak escalate, so too do the criminal charges associated with potential exposure: While police in New Jersey have started arresting people and charging them with disorderly conduct or maintaining a public nuisance for holding gatherings in their homes, other, more serious actions are being treated quite severely. For example,… Read More »