NYC Evidence Tampering Guide

You probably know that evidence is used to build a criminal case and is often presented in court. But the way that evidence is collected, handled and presented creates the opportunity for tampering, which is a crime.  Definition  Evidence tampering is any action that destroys, alters, falsifies or conceals any sort of evidence.  Evidence is…

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Bail has been set on a Loved One….What Should You Do?

If a loved one has been taken into custody and bail is set by the judge, it is imperative that you know your options. The more you know, the quicker you will be able to get your loved one released.  What is Bail?  Bail is the money a defendant must pay to be released from…

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What is habeas corpus, and why is it important?

You’ve probably heard the term “habeas corpus” thrown around in cop shows and movies, or the big legal debate in the news about the concept, but what does it really mean, and why is it so important? Definition  Habeas Corpus is Latin for “that you have the body” or “show me the body,” and functions…

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Escobedo v. IL: Why is it important?

Several Supreme Court cases, including Escobedo v. Illinos, are vital to the rights of defendants, particularly as it pertains to their legal representation. Background & Supreme Court case In January of 1960, Danny Escobedo was interrogated by police regarding the fatal shooting of his brother-in-law, but was released after he refused to make a statement.…

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NYC 3 Strikes Rule – What are repeat offender laws, and why are they important?

New York State is one of 30 states that have “three strikes” laws in place, and it’s important to understand why and how these statutes can impact an individual accused of committing multiple felony crimes.  “Three strikes” laws  “Three strikes” laws impose a harsher than normal sentence when an individual is convicted of certain felony…

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Gideon v. Wainwright: Why is it important?

If you are arrested and face criminal charges, it is your right to have an attorney represent you. But what if you cannot afford legal representation? Read on to find out more about how one Supreme Court case changed how defendants’ rights are upheld. Background and Supreme Court case In 1963, the Supreme Court heard…

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What is Self-incrimination and Why Does it Matter?

You might have heard the phrase “I plead the Fifth,” but what does that actually mean? It’s in reference to your Fifth Amendment rights and when spoken, usually regards an important legal safeguard known as the right against self-incrimination. Self-incrimination definition Self-incrimination means to implicate oneself in a crime or exposing oneself to criminal prosecution.…

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What are your Miranda Rights and why are they important?

You’ve probably heard this phrase in countless movies and TV shows: “You have the right to remain silent.” That’s the first line of your Miranda Rights — and thanks to a Supreme Court ruling, you have more than just the right to remain silent. Read more about Miranda Rights and why they are important.  …

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What is double jeopardy, and why is it important?

If you’ve seen any legal television drama, you’ve probably heard the term “double jeopardy” thrown around. Read on to find out what it means (it’s not a game show!) and why it’s important. Double jeopardy definition Double jeopardy means that no one can be charged and face prosecution for the same offense more than once…

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What does it mean for a misdemeanor to be dismissed in NYC?

There are many ways for a case to be resolved and enable you to walk away with no criminal record.  The case may be dismissed, dropped, or adjourned in contemplation of dismissal. While each of these outcomes has a slightly different meaning, each of them will mean you’re not going to jail and you will…

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