Category Archives: Criminal Defense
If The ABA Adjusts the Definition of “Consent” In Sexual Assault Cases, The Burden in Court Could Shift from Guilty Until Proven Innocent
In August, the American Bar Association (ABA) will consider whether to adopt a resolution (“Resolution 114”) urging all state legislatures to adjust their criminal definition of consent in sexual assault cases (rape cases) to the “affirmative consent” standard. Specifically, the resolution indicates that the ABA “urges legislatures and courts to define consent in sexual… Read More »
New York Begins Expunging Hundreds of Thousands of Criminal Records of Low-Level Marijuana-Related Offenses
In late August, New York started the process of expunging a number of records that included low level convictions related to marijuana as part of a new state law to reduce penalties associated with all marijuana-related crimes. This has important civil rights repercussions because, for far too long, communities of color have been disproportionately… Read More »
Justice Department Announces That Additional Federal Inmates May Qualify for Release Under First Step Act
According to statistics, the federal prison system holds more than seven times the number of inmates that it did in the 1980s, and more than 45 percent of everyone in them is serving time for a drug offense. Still, according to the latest reports, more than 2,200 inmates are set to be released from… Read More »
New York Finally Decriminalizes Some Recreational Use of Marijuana
On July 29, New York State decriminalized recreational marijuana use, making possession of small amounts of marijuana punishable with fines rather than prison time as of August 29 of this year. According to Governor Cuomo, the measure also allows for those who have minor marijuana convictions to have their records cleared. This makes New… Read More »
New York Police Department’s Misconduct Lawsuits Reach Sky-High Numbers
According to newly-released data, New York City has paid out $40 million in settlements to victims of police misconduct; just in 2019, which reflects a 50 percent increase compared to this time last year. This included such settlements as the one connected to the “Bronx rapist,” an individual who was arrested by the New… Read More »
State Supreme Court Orders Social Media Companies to Turn Private Posts Over to Criminal Defense Team
In July, the California Supreme Court made a monumental decision that will change criminal defense trials around the country. Specifically, the Court ordered social media companies – including Facebook, Instagram, and Twitter – to turn over not only public postings, but also private postings from social media accounts to the criminal defense team (as… Read More »
Even with New York’s Criminal Discovery Reform, Some Attorneys May Not Be Able to Make Use of Newly-Accessible Evidence
Many have praised New York’s move to reform the criminal discovery, which includes equalizing access to evidence for criminal defendants. Reforms require prosecutors to exchange evidence to defense attorneys within 15 days of arraignment. Access includes recorded and written statements, tapes, electronic, recordings, any visual reproductions, and other electronically-stored information. In addition, defense teams… Read More »
Decision Not to File Civil Rights Charges Against New York Police Officer Involved in Eric Garner’s Death Sparks Outrage
Public outcry emerged on July 16 after the Attorney General announced that federal civil rights and criminal charges will not be brought against the New York Police Department officer who caused Eric Garner’s death in 2014 by placing him in a chokehold. Reportedly, Garner repeated the phrase “I can’t breathe” 11 times during his… Read More »
New York Decriminalizes Certain Forms of Sports Betting
Approximately one year after the US Supreme Court lifted the ban that restricted sports betting, on July 16, New York joined the list of states allowing conditional wagering on sports. This makes New York the ninth state to permit and regulate sports betting after the state game commission approved the relevant regulations. However, making… Read More »
New York Officially Fails to Decriminalize Marijuana
During the week of June 19, New York state lawmakers failed to reach consensus concerning the state’s proposal to legalize (i.e. decriminalize) the recreational use of marijuana. The legislation, titled the Marijuana Regulation and Taxation Act, would have not only decriminalized the recreational use of marijuana, but also addressed the practice of disproportionately policing… Read More »