2022 Updates to New York’s Bail Laws

In 2019, New York altered its bail laws to ensure that Judges may only use bail as a tool to ensure that defendants return to court. The new laws even prevented judges from considering the potential harm a defendant might pose to others before setting bail. As a result, there was a dramatic drop in…

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What is Tampering With Evidence in New York?

When you are accused of a crime it is very important that you leave the evidence alone. You should not destroy, alter, falsify, or conceal any evidence that might have a bearing on your case. It’s also important to avoid offering any exculpatory evidence that you know to be false evidence. This crime is covered…

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What is Tampering With a Witness in New York?

One of the biggest mistakes you can possibly make if charged with a crime is to attempt to contact the witnesses involved in your case. While you might have a very human impulse to “set the story straight,” the truth is you will be charged with an additional crime if you try. The crime is…

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What is the Difference Between a Sting Operation and Entrapment in NYC?

Entrapment is a defense that we can use in some criminal cases. New York Penal Code 40.05 says it is against the law for law enforcement officers and public servants to commit entrapment.    By contrast, a sting is a completely legal way for law enforcement to try to catch criminals. And on the surface,…

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When Can You Be Accused of Resisting Arrest in NYC?

Resisting arrest, or being charged with resisting arrest, can complicate any criminal case. Here’s what you need to know. In New York, you can be charged with resisting arrest any time police believe you have intentionally attempted to prevent a police officer or a peace officer from arresting either yourself, or another person. It is…

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In the News: Clean Slate Act Awaits Assembly Vote

The Clean Slate Act is a bill that would automatically seal the criminal records of many New Yorkers.  Under the terms of the bill: Misdemeanor offenses would be sealed after three years. Felonies would be sealed after seven years.  Sex crimes are excluded from this bill.  Law enforcement agents and government agencies would still be…

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What is Disturbing the Peace in New York City?

Disturbing the peace is called “disorderly conduct” under New York law. It is covered by New York Penal Law Section 240.20. It covers a number of different behaviors, including: Fighting Engaging in “violent, tumultuous, or threatening behavior.”  Making unreasonable noise. Using abusive or obscene language in a public place. Making obscene gestures.  Disturbing lawful assemblies…

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GPS Tracking Laws in NYC

GPS tracking devices have become ubiquitous. There are tiny high-powered magnets with 2-week battery lifespans that can be stuck to the undercarriage of a car. There are trackers that can be slipped into handbags and coat pockets and which have been used by bad actors to stalk their victims.  There are certainly legitimate reasons to…

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What Happens at a NYC DUI Traffic Stop?

Here in New York City, police take DUI and DWI very seriously. They even create checkpoints.  Which means there is a chance you will find yourself in the middle of a DUI traffic stop, even if you aren’t guilty of a DUI. This also means you could be arrested for DUI, even if you are…

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