Should You Testify in Your Own Trial?
Like anything having to do with the law, the question of whether you should testify in your own trial is hardly an absolute. While you may have heard the vast majority of defense lawyers advise against the defendant taking the stand, the reality is a little more complex. Sometimes it’s a good idea. Sometimes it’s…
Is An Insanity Plea a Good Defense?
It happens all the time in novels and on television. The bad guy goes around doing terrible things. The hero cop drags the bad guy in. Then, they get to court. “He got off on an insanity plea,” Hero Cop says, grunting in disgust. Maybe the cop tosses down a shot of alcohol or stares…
Why You Shouldn’t Talk to Friends or Family Members About Your Case
You’re finally out of the interrogation room. You’ve been bailed out of jail. You’ve even obtained a private lawyer who can help you with your case. Right now, your situation is about as good as it can get, right? So maybe you feel like you can relax a little while awaiting trial. But the entire…
Is Self-Defense a Slam-Dunk Defense?
On movies and television shows all the hero has to do is say, “it was a clear-cut case of self-defense” to avoid legal consequences for punching out the villain. Or even killing him. In real life, clear-cut isn’t always so clear. Self-defense, known in New York as “Justification,” is subject to a series of criteria,…
Be Aware: Prosecutors May Turn to Your Smart Devices to Gather Evidence Against You
Amazon Alexa. Google Home. Facebook Portal. Smart devices can play our music, call Grandma, tell us how to saute and control our garage doors, lights, alarms, thermostats, and door locks. They’ll tell you the weather and the traffic, keep your schedules for you, look up whatever random fact you can think of, and order your…
In the News: The Kalif Browder Settlement
We’ve spent some time on our blog talking about the issues surrounding bail reform in America. Here in New York, one of the big cases that brought attention to this issue was the Kalif Browder case. The case also brought the issue of solitary confinement into the conversation about justice reform. The Story in Brief…
The Pros and Cons of Plea Bargains
When you take a plea bargain you agree to plead guilty to a lesser crime than the one you’ve been charged for. This usually results in a reduction in your sentence and will allow you to count time served against the sentence you receive. Other stipulations, such as giving up information about other criminal activities…
How to Properly Invoke Your Right to Remain Silent, and Why It Matters
If you’ve read other posts on this blog you already know you shouldn’t talk to the police. However, this basic point requires a little more expansion. Did you know, for example, that it’s possible to waive this right by accident, even after invoking it? Or the different ways seemingly harmless comments could be used against…
7 Fatal Mistakes to Avoid When You Get Arrested
There are few things more terrifying than an arrest. Emotions run high, especially fear, and anger. You may also be humiliated and outraged, especially if you know you’re innocent. It’s really easy to make mistakes under these circumstances. These mistakes can cost you your freedom, even if you are innocent. Resisting arrest, or appearing to.…
How to Choose a Good Bail Bondsman
When you need to post bail you may believe any bail bondsman will do. But the practices of the professional you choose can have a big impact on your life moving forward. For example, you wouldn’t want to trust a bail agent who has been known to force customers to miss court dates, thus landing…
Assault and aggravated assault are serious offenses in the State of New York. Either of these charges can result in a criminal sentence and imposition of a criminal fine if you are convicted in court or plead guilty. Meaning if you are charged with an assault offense in NYC you better act fast to contact…Read More
Terminology is a confusing aspect of New York’s criminal justice system. Not only are a huge number of unique terms used on the legal side, the very description and classification of crimes are unfamiliar to most people who are not a New York criminal lawyer or in law enforcement. You might be thinking, “why is…Read More
NYC Criminal Defense Lawyer Explains: What Is Statute of Limitations? There are actually two layers to criminal law in the State of New York. The first layer is comprised of prohibited and illegal activity – crimes. All crimes in the state, except those proscribed at the federal level, are found under the New York Penal…Read More
How Much to Tell the Police if Questioned in NYC For most people, casual interactions with the police are commonplace. You may pass New York State Troopers in your car or local officers as you walk down the sidewalk. However, there are few instances more confusing and intimidating than being stopped or questioned by the police.…Read More
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