Jury selection over Zoom? Courts adapt to COVID-19 shutdown

The COVID-19 pandemic has led to a mass shutdown of businesses, schools and offices – and courtrooms are no exception. Court officials, defense attorneys, plaintiffs and defendants are all adapting to a new norm — and that means limiting in-person hearings, delaying trials and even conducting jury selection over Zoom, as one court in Texas…

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Can You Get a DWI in a Parked Car in NYC?

Everyone’s talking about a slow, cautious reopening these days, even here in NYC. It’s not happening yet, but it’s not outside the realm of possibility that some New Yorkers will be congregating in bars again…even if they’ll be doing it six feet apart. So this means it’s a good time to go over some of…

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The 4 Types of Credit Card Fraud You Could Be Committing

We’re all cooped up inside right now, and that means most of us are spending a great deal of time online. The only shopping most of us can do is online as well, which means many people will be using their credit cards more often.   This means it’s a good time to talk about…

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Violating Shelter-in-Place Orders Could Lead to Criminal Charges

Crime is going down in New York City and most everywhere else. Even hardened criminals don’t want to catch this virus. New York City is, of course, one of the epicenters of this pandemic. Yet this truth comes hand-in-hand with the fact that there’s a new crime to worry about: violating the PAUSE act. “PAUSE”…

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What is Accomplice Liability?

Your buddy said he was just stepping into the store for a minute, perhaps for a candy bar or for a pack of cigarettes. Moments later, he runs out of the store and tells you to drive. Later, you find out your buddy went in and held up the store. Now you’re being arrested and…

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Defending Yourself Against Shoplifting Charges in NYC

False accusations of shoplifting aren’t all that uncommon. Many retailers believe that the overzealous pursuit of shoplifters is good normal business, and that people should be willing to endure false accusations if it means more shoplifters get caught.  Some retailers even pursue monetary damages against shoppers who have not been convicted of any crime. Sadly,…

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Understanding Discovery Reform in New York

Prior to January 1, 2020, the state of New York put defendants at a severe disadvantage through so-called “blindfold” discovery laws. In the past, while defense could request crucial pieces of evidence from the prosecution (a process called discovery), prosecutors were free to hold on to much of that evidence until the very day of…

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Can You Go to Jail for Giving a Prescription Drug to a Friend?

We’ve all been in this position: a friend is suffering from a terrible migraine or is in some other sort of pain.  You were prescribed pain killers from the last time you had surgery but you never used them. Thinking you are being generous, you say, “Here, you can have one of these.” After all, you…

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What You Need to Know About Your 5th Amendment Rights

“I plead the 5th.” You’ve heard it plenty of times on television. “You have the right to remain silent.” You’ve heard that too. You’ve even read about it on this blog, whenever we’ve advised you to invoke your right to remain silent while in custody. But do you really understand your 5th amendment protections? If…

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Are DWI Tests Reliable?

DUI DWI Arrest

Police station “Breathalyzer” test results are often central pieces of evidence in DWI cases. Yet mounting evidence suggests they are not reliable. New York has already ruled that portable breathalyzer test results aren’t admissible in court, but prosecutors continue to use the results of in-station testing. This is problematic, since implied consent laws make it…

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