Statutes, Laws, Case Laws & Court Decisions
Probation in New York: How it works
Probation is a disposition or sentence imposed by a New York criminal court, whereby you are released without serving any time in jail, although in some circumstances you could be sentenced to both imprisonment and probation. The term is sometimes confused with parole, which is when you serve part of your sentence in the community…
Read MoreYou were arrested for what?
Did you know that in New York, if a police officer catches you flirting, you can be fined $25? If this antiquated law were enforced, then most of the city would be in danger. It’s been on the books for over 100 years and probably dates back to January 1902, when state Assemblyman Francis G. Landon…
Read MoreWhat is a treaty transfer case in criminal law?
Being arrested, convicted, and imprisoned is bad enough. It’s even worse when you’re in a foreign country and have no access to friends, family, or even friendly faces who speak your language. Fortunately, you may be eligible for a transfer treaty arrangement that allows you to return to the U.S. to serve out your sentence.…
Read MoreYou have the right to remain silent: History of the Miranda warning
“You have the right to remain silent….” Most of us can recite the remainder of that statement by heart, even if we’ve never been arrested. It’s included in the script of every police drama and reality TV show dedicated to police procedure. What is not so well known is the story behind the so-called “Miranda”…
Read MoreWhat is a 440 motion?
We’ve all watched courtroom dramas with riveting trial scenes. The most memorable are those in which the defendant is found guilty of a crime he did not commit. We sympathize with his feelings of shock and dread as he contemplates a lengthy prison sentence. It’s a grim situation that occurs in real life. Even if…
Read MoreShould you accept? The advantages and disadvantages of plea bargaining
Prosecutors will often present defendants and their counsel with plea bargains in criminal cases. When you accept, you’re often entering a guilty plea to lesser charges in exchange for a lighter sentence or similar incentive. Such an offer should never be discussed if your defense attorney is not present, as an opportunity that looks attractive…
Read MoreIs DNA evidence always foolproof?
DNA made its first appearance in the mid-1980s, but it wasn’t until 1987 that it became an integral part of the U.S. criminal justice system. On February 5 of that year, an Orange County, Florida jury convicted serial rapist Tommy Lee Andrews after tests matched his DNA to a semen sample taken from one of…
Read MoreDouble Jeopardy: What it is and when it doesn’t apply
We hear the term “double jeopardy” thrown around a lot in courtroom dramas and there’s even a 1999 movie of the same name. Despite—or perhaps because of—the fact that the term is so prevalent in popular culture, the true meaning is not well understood outside of the legal profession. Double jeopardy, which is referenced in…
Read MoreYour digital privacy is now before the Supreme Court
At the end of November, the Supreme Court heard opening arguments in Carpenter v. United States, a landmark digital privacy case. At issue is whether or not the police require a warrant to track the location of a smartphone. The case involves Timothy Carpenter, who was accused of joining several friends in robbing Michigan and…
Read MoreIs sharing your Netflix password really a federal offense?
Have you ever logged into your parents’ Netflix account? Let your brother use your login while he was visiting? Then you may have committed a federal crime. In July 2016, the U.S. Court of Appeals ruled that it was illegal to use another person’s password to access a service without the approval of the company…
Read More