Here on this blog we’ve been watching and discussing some of the hot issues behind criminal justice reform in New York. One such issue is the issue of discovery, which has a big impact on how your case proceeds. On television courtroom dramas lawyers produce surprise witnesses and evidence all the time. Big, dramatic reveals are the order of the day. But in truth, prosecutors and defense lawyers are supposed to share all their evidence with one another. This is a federal standard thanks to the 1963 Supreme Court case Brady v. Maryland. While the Brady case specifically discussed exculpatory evidence the truth is the defense and prosecution should have access to all evidence held by the other side. Witness statements need proper examination and investigation. Knowing your accuser is a basic right thanks to the 6th Amendment. But under New York’s discovery laws, prosecutors don’t strictly have to turn over any of their evidence until the moment the trial begins. Prosecutors argue this protects victims and witnesses from intimidation and death threats and keeps New York safer overall. This is one reason why these discovery laws tend to become a problem for defense attorneys in drug cases more than they do in other sorts of cases: drugs tend to be attached to gangs who have the resources to both make and execute threats. But most states enjoy “open discovery,” which compels prosecutors and defense attorneys to share their evidence far earlier in the process. As proponents of reform argue, neither witnesses nor victims have been any less safe in these states. The debate rages on. The laws haven’t changed yet. So how does all this impact your case? First, if your defense attorney isn’t successful at getting prosecutors to turn over their evidence any earlier then you may be…

The Institute for Justice calls it “policing for profit:” laws allowing police officers to seize money, vehicles, and other assets during an arrest. In about 60% of these cases, even people who are never convicted of a crime rarely see their property ever again. Getting the property back almost always requires an attorney’s help. Consider this story: “In the middle of the night in March of 2012, NYPD officers burst into the Bronx home of Gerald Bryan, ransacking his belongings, tearing out light fixtures, punching through walls, and confiscating $4,800 in cash. Bryan, 42, was taken into custody on suspected felony drug distribution, as the police continued their warrantless search. Over a year later, Bryan’s case was dropped. When he went to retrieve his $4,800, he was told it was too late: the money had been deposited into the NYPD’s pension fund. Bryan found himself trapped in the NYPD’s labyrinthine civil forfeiture procedure, a policy based on a 133-year-old law which robs poor New Yorkers of millions of dollars every year; a law that has been ruled unconstitutional twice.” –Gothamist In some cases, the practice has even applied to real estate. The NYPD did agree to some new rules for this practice back in February. They aren’t much, but they represent a slight improvement. Civil asset forfeiture continues to be an issue targeted by criminal law reform efforts in New York. While civil asset forfeiture isn’t really the focus of our law firm, it is a big part of stories we hear every day from defendants who have been blindsided by their interaction with the justice system. This practice puts more strain on people who are already undergoing the scariest time of their life. Usually, you’ll see civil asset forfeiture during drug cases, which are always high-stakes cases. By the…

As New York City criminal justice attorneys one of the most common things we encounter is a defendant who is completely poleaxed and blindsided by their sudden encounter with the justice system. These individuals could have been engaged in activities that seemed perfectly reasonable or simply falsely accused. All our lives, most of us go around believing if we simply avoid breaking the law we’ll never have to worry about getting arrested. But nothing could be further from the truth. Take one of the cases outlined on Season 3 of Serial. In Season 3 of this crime and justice podcast Sarah Koenig explores the justice system by looking at the everyday cases in an Ohio court. One of the cases she comes across is the case of a young woman who was sexually assaulted by a young man slapping her rear repeatedly in a bar. You’d think the young man would end up arrested, but nothing happened to him. Instead, a bar fight broke out that this woman didn’t even start. Multiple patrons began hitting and kicking her. She was flailing in self-defense. She happened to strike a cop in her flailing, one whose presence she was unaware of. All this was caught on tape. The cops arrested the woman. For assaulting a police officer. Unfair by any reasonable person’s standards. Insane. Out of all the people causing trouble in the bar that night, they picked the victim trying to defend herself. But this sort of thing happens all the time. Then there are the innocent people who just happen to be at the wrong place at the wrong time. And “wrong place” can vary. See this case of a Harvard Professor who was placed under arrest in his own home because the wrong person saw him trying to deal…

It can happen in a heartbeat. Someone sets out to commit a robbery. Just a robbery. Meanwhile, an accomplice gets spooked. Someone gets shot. Someone dies. Now the first robber is sitting in jail, and has been charged with both robbery and murder. What just happened? What happened is the first robber has run afoul of New York’s Felony Murder Rule, which says if someone dies while you’re committing a crime, because you’re committing a crime, you’re guilty of second-degree murder. New York isn’t the only state with such a rule, which stretches all the way back to laws crafted in England, in 1536. Of course, we’ve seen this rule impact people who didn’t even know a crime was about to happen. In another state, one defendant was convicted under the felony murder rule for a crime committed while he was sleeping in his bed. The reason? He lent his car to a roommate, who used it to commit the crime. He had lent the car to his roommate dozens of times before, without incident. This is a fine example of how a good person could end up running afoul of the law in a way that simply blindsides them. If you find yourself in a similar position you can’t trust sense and sensibility will simply prevail. While New York has generally been reasonable in how it applies this rule, some prosecutors and judges are so eager to appear “tough on crime” they’ll throw the book at anyone they can, whether it makes sense or not. You need a good lawyer by your side to give yourself a shot at retaining your life and freedom. It’s not hard to find stories of bad judges right here in our city. Prosecutors aren’t held as accountable as they should be. And our…

Sometimes, you can outlast a crime. Commit the crime, get into no further trouble, and wait for the clock to run out. Eventually you can’t be convicted of that crime anymore. However, for four types of crimes, this isn’t the case. At least, not in New York. You can be charged with these crimes any time after they happen. Sometimes the facts of the case will actually impose a statute (some forms of arson can create a two or 5-year statute), but it’s usually safest to assume no clock is running if you happen to be guilty of any of the following crimes. Arson Arson is a more common crime in New York than most people realize. In fact, in the 1970s it was common enough to happen just about every day. It’s not nearly so common now, but it’s certainly taken seriously. See our Arson Defense page to find out more about what you need to know about being charged with this crime. Kidnapping Kidnapping has no statute for the most part. It is sometimes prosecuted by the state and sometimes prosecuted by the federal government. Some kidnapping cases have facts which could produce a 5-year statute. This would include parental kidnapping. Interfering with court ordered custody arrangements and taking off with your child is still a criminal act with no statute. First Degree Murder There is never any statute of limitations on murder. If you have ever killed someone you need to be prepared for the idea that the facts of the case may someday come to light. Sometimes even very cold cases get solved. If you know you have committed this crime it’s a good idea to have an attorney you trust on speed dial on your phone. Any Class A Felony There are some felony crimes…