Category Archives: Criminal Defense
U.S. Supreme Court Refuses to Hear City Appeal, Effectively Upholding Lower Court’s Decision That Cities Cannot Prosecute the Homeless for Sleeping On the Streets
In December, the U.S. Supreme Court refused to hear one city’s defense of its policy to prosecute the homeless for sleeping in public, and in doing so, upheld a lower court’s ruling that it violates the constitutional rights of those who sleep in public because there is not enough room in the shelters. As… Read More »
Overturning Convictions for Due Process Violations: Why Defense Attorneys Must Remain Vigilant During Trial
One state supreme court’s decision to overturn a murder conviction highlights just how important it is for criminal defendants to make arguments concerning their due process rights. In this particular case, the court ruled to overturn a 2006 murder conviction after it found the comments made by prosecutor during closing arguments were “improper.” Specifically,… Read More »
As Criminal Justice Reforms Make Headway In New York Starting January 1, Some Push Back
On January 1, critical criminal justice reforms here in New York went into effect and already changed a number of practices that affect criminal defendants every day. Most notably, prosecutors can no longer wait until the morning of jury selection to hand over evidence to the defense but must, instead, turn everything over within… Read More »
New Jersey Could Be the Next State to Eliminate the Use of ‘Gay or Trans Panic’ Defense
Following proposed federal legislation and other states that have enacted bans, in November, New Jersey lawmakers introduced legislation banning the use of gay or trans panic defense in criminal cases. The bill proposes to prohibit the use of the defense in cases that involve murder/homicide charges; specifically, the act of reducing murder charges to… Read More »
The US Supreme Court Takes Up Case That Could Lead to Criminalizing All Immigrant Advice & Advocacy
The US Supreme Court has agreed to hear one case that could significantly affect the ability of attorneys to represent immigrants. The case – United States v. Sineneng-Smith – involves a relatively unknown provision in immigration law that forbids “encouraging or inducing an alien to reside in the United States” when that individual knows… Read More »
New York Criminal Defense Attorneys Move On from Criminal Justice Reforms to Marijuana Legalization & Preventing ICE from Arresting Anyone Entering or Leaving Courthouses
In December, a number of criminal defense attorneys called on the New York legislature to approve another set of reforms, including the legalization of marijuana, expunging affected criminal records, and preventing immigrant arrests at state courthouses. These same advocates were linked to successful criminal justice reforms that previously passed in New York, including eliminating… Read More »
Being Charged with A Military Crime
Being charged with a military crime is no different than any other crime in that you still maintain certain civil rights as a U.S. citizen, and that also means remaining innocent until proven guilty. And, like all other criminal charges and cases brought against criminal defendants, how well you know your rights and thus… Read More »
New Jersey Now Prosecutes Texting While Driving as Drunk Driving, Sending Woman to Jail for Up to 10 Years
In sentencing a New Jersey driver to five to 10 years in prison for causing a fatal accident while texting on the phone, prosecutors in the state have sent a warning to all New Jersey drivers tempted by their mobile phones. Specifically, jurors found a woman guilty of second-degree vehicular homicide. In 2016, she… Read More »
US Supreme Court to Review New York Previous Gun Crime Laws
New York’s weapons laws are on trial at the U.S. Supreme Court this month, which, on December 2, heard arguments over its previous rules barring anyone from being able to bring a gun to a shooting range or second home outside of the city. While the city already amended these rules and asked that… Read More »
The Inability for Law Enforcement to Distinguish Hemp from Marijuana Leads to False Arrests
Police officers around the country have routinely been mistakenly cracking down on what they believe are marijuana busts, but what actually turn out to be sources of legal hemp. Law enforcement arguably found itself unprepared for the legalization of hemp, as even traditional tools – such as drug-sniffing dogs and tests that still only… Read More »